Information according to § 5 TMG:
Ricom GmbH & Co.KG
Im Bühl 30
71287 Weissach
Represented by: Volker Riexinger – Managing Director
Contact: pr@ricom-solar.com
Registration: Stuttgart Commercial Register, HRA 726208
Sales tax ID: DE 268503994
General Terms and Conditions of the Company Ricom GmbH & Co. KG
§ 1. SCOPE
The following provisions regulate the contractual relations between Ricom GmbH & Co. KG and entrepreneurs or persons, i.e. natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial, private or independent professional activity (hereinafter: customers). Any other terms and conditions of the customers shall not be valid. Exceptions are possible with written consent. Individual agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these General Terms and Conditions. A written contract or our written confirmation shall be authoritative for the content of such agreements. By concluding the contract, the customer accepts these terms and conditions.
2. especially for advertising flyers and for advertising portals (Facebook, Instagram and LinkedIN), the prices are subject to change. Availability of goods cannot be guaranteed and is always dependent on advance delivery by suppliers. An order is only placed if §2.2 is fulfilled.
§ 2. CONCLUSION OF THE CONTRACT
1. contract offers of Ricom GmbH & Co KG are subject to change. The order by the customer is a binding offer. Unless otherwise stated in the order, Ricom GmbH & Co KG is entitled to accept the contract offer within 3 weeks after its receipt by us. Acceptance can be declared either in writing by order confirmation or by delivery of the goods to the customer.
2. the order confirmation of Ricom GmbH & Co. KG is decisive for the scope of the contractually owed performance. Information about properties and performance characteristics of the goods are for illustrative purposes and are not binding unless otherwise expressly agreed in writing. Likewise, public statements, recommendations or advertising do not constitute a contractual description of the quality of the goods. We reserve the right to minor deviations from specifications regarding dimensions, weights, condition and quality.
3. Ricom GmbH & Co KG reserves the right to make changes even after sending an order confirmation, provided that these changes do not contradict either the order confirmation or the customer’s specification. Changes and deviations of the promised services can only be carried out by Ricom GmbH & Co. KG if they are reasonable for the customer.
§ 3. PRICES AND TERMS OF PAYMENT
1. the prices are ex warehouse plus the applicable statutory value added tax as well as the transport costs incurred. In the case of a mail order purchase pursuant to § 4 para. 1 S. 2, the Buyer shall bear the transport costs ex warehouse and the costs of any transport insurance requested by the Buyer.
2. the customer is obliged to pay in advance or to pay 100% of the agreed price at the latest upon delivery or to secure this payment with a bank guarantee, unless otherwise agreed in writing. Residual payments are due within 7 days after invoicing without deduction.
3. upon expiry of the agreed payment period, the buyer shall be in default. If the customer is in default of payment, Ricom GmbH & Co KG is entitled to claim default interest at the statutory rate. If Ricom GmbH & Co. KG can prove a higher damage caused by delay, it is entitled to assert this damage.
4. Ricom GmbH & Co. KG reserves the right to increase prices for contracts with an agreed delivery time of more than three months in accordance with the cost increases that have occurred due to collective agreements or material price increases. However, this price increase is only permissible up to a maximum increase of 10% of the agreed price.
5. if partial payments have been agreed, the entire remaining debt shall become due for payment immediately without regard to the maturity of any bills of exchange if the customer is in default with an installment in whole or in part and the amount for which he is in default is at least one tenth of the agreed price.
6. the customer shall only be entitled to rights of set-off or retention if his counterclaims have been legally established, are undisputed or have been acknowledged by E Ricom GmbH & Co KG.
§ 4. DELIVERY
1. delivery is made from the warehouse, which is also the place of performance. At the request and expense of the buyer, the goods will be shipped to another destination.
2. delivery dates and delivery periods are agreed in writing between the customer and Ricom GmbH & Co KG on an order-related basis. Delivery periods begin with the conclusion of the contract. If changes to the contract are subsequently agreed in writing, a new delivery date or a new delivery period shall be agreed at the same time if necessary.
3. compliance with agreed deadlines for delivery requires that Ricom GmbH & Co. KG receives all documents, approvals and releases, plans as well as other required documents to be provided by the customer.
4. in case of default, the customer may set Ricom GmbH & Co. KG a grace period of 30 days in writing, stating that he refuses to accept the delivery after expiry of the grace period. After unsuccessful expiration of the grace period, the customer is entitled to claim damages for non-performance. The claim for delivery is excluded in the cases of this clause.
Partial deliveries are permissible insofar as they are reasonable for the customer.
§ 5. TRANSFER OF RISK
1. the risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover. In the case of a mail order purchase pursuant to § 4 para. 1 sentence 2, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If acceptance has been agreed, this shall be decisive for the transfer of risk. In all other respects, the statutory provisions of the law on contracts for work and services shall also apply mutatis mutandis to an agreed acceptance. The handover or acceptance is equal if the seller is in default of acceptance.
2. the customer is obliged to accept the goods provided by Ricom GmbH & Co. KG within 8 days after provision at the latest. Deliveries shall also be accepted if they show insignificant defects.
If the Buyer is in default of acceptance, fails to cooperate or delays our delivery for other reasons for which the Buyer is responsible, we shall be entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs).
§ 6. RESERVATION OF OWNERSHIP
1. Ricom GmbH & Co. KG shall retain title to the delivered goods until all claims (including all current account balance claims) to which Ricom GmbH & Co. KG is entitled from a current business relationship with the customer now or in the future have been satisfied.
2. pledging or transfer by way of security of the goods subject to retention of title is not permitted. In case of access of third parties to the goods subject to retention of title, the customer shall point out the ownership of Ricom GmbH & Co. KG and notify them immediately. Costs and damages are borne by the customer.
3. Ricom GmbH & Co. KG is entitled to withdraw from the contract in case of breach of contract by the customer, in particular in case of default of payment and non-compliance with payment deadlines and to demand the return of the goods on the basis of the withdrawal and the retention of title, even if the goods have already been assembled. If the customer does not pay the purchase price due, Ricom GmbH & Co. KG may only assert these rights if Ricom GmbH & Co. KG has previously set the customer a reasonable deadline for payment or if setting such a deadline is dispensable according to the statutory provisions.
4. the customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. In this case, the following provisions shall apply in addition.
a) Processing or transformation shall always be carried out for Ricom GmbH & Co. KG as seller, but without any obligations for it. If the ownership of Ricom GmbH & Co. KG expires due to combination, it is agreed already now that the ownership of the customer in the unified object is transferred to Ricom GmbH & Co. KG in proportion to the value (invoice value). The customer keeps the (co-)property of Ricom GmbH & Co KG free of charge. In all other respects, the same shall apply to the item created by processing as to the item delivered under reservation.
b) The customer already now assigns to Ricom GmbH & Co. KG by way of security all claims arising from a resale or any other legal ground with regard to the goods subject to retention of title (including all balance claims from current account) to their full extent. The provisions set forth in para. 2 shall also apply with regard to the assigned claims.
c) Ricom GmbH & Co. KG hereby revocably authorizes the customer to collect the claims assigned to Ricom GmbH & Co. KG for its account in its own name. We undertake not to collect the claim as long as the customer meets his payment obligations towards us, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. If this is the case, however, we may demand that the buyer inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
d) If the realizable value of all securities existing for Ricom GmbH & Co. KG exceeds the existing claims by more than 10% on a sustained basis, Ricom GmbH & Co. KG shall release securities of its choice at the customer’s request.
§ 7. CONTRACTUAL LIEN
Ricom GmbH & Co. KG is entitled to a contractual lien on the objects that have come into its possession on the basis of the contractual relationship because of its claims arising from the contractual relationship with the customer. The contractual lien may also be asserted on account of claims arising from work previously performed, replacement deliveries and other services, insofar as they are related to the subject matter of the contract. For other claims against the customer, the contractual right of lien shall only apply insofar as these are undisputed or have been established by a court of law.
§ 8. WARRANTY
1. the customer has to examine the goods immediately after receipt and, if a defect appears, to notify Ricom GmbH & Co KG immediately in writing.
2. if the customer fails to make this notification, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. In all other respects, §§ 377 ff. HGB. Hidden defects can also no longer be claimed if two years have elapsed since delivery.
3. the warranty claims are limited to repair or replacement at the discretion of Ricom GmbH & Co KG. In the event of failure of the rectification or replacement delivery, the customer shall have the right to demand, at its option, a reduction of the remuneration or rescission of the contract.
4. if the customer chooses compensation after failed subsequent performance, the goods remain with the customer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. If the customer chooses to withdraw from the contract after subsequent performance has failed, he shall not be entitled to any additional claim for damages due to the defect.
(5) Further claims of the customer, in particular for consequential harm caused by a defect, insofar as these do not result from the absence of warranted characteristics, are excluded. This does not apply in case of intent, gross negligence or violation of essential contractual obligations of Ricom GmbH & Co KG.
6. the customer does not receive any guarantees from Ricom GmbH & Co KG. Warranties amount to the manufacturer’s warranties.
§ 9. OTHER LIABILITY
1. claims for damages by the customer, regardless of the legal basis, are excluded. This shall not apply in cases of mandatory legal liability. Damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused by intent or gross negligence. A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
2. if the customer sells the delivery items modified or after combination with other goods, he shall indemnify Ricom GmbH & Co. KG in the internal relationship against product liability claims of third parties insofar as he is responsible for the defect giving rise to the liability.
3. any alteration of the goods and any marking which is considered to be the customer’s or a third party’s mark of origin are not permitted.
§ 10. DISCLAIMER OF LIABILITY
The exclusions or limitations of liability regulated in these General Terms and Conditions do not apply to:
1. damages resulting from injury to life, body or health, which are based on a negligent breach of duty by Ricom GmbH & Co. KG or an intentional or negligent breach of duty by a legal representative or vicarious agent of Ricom GmbH & Co. KG,
2. other damages based on a grossly negligent breach of duty by Ricom GmbH & Co. KG or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Ricom GmbH & Co. KG.
3. Ricom GmbH & Co. KG acts only as a supplier of goods and assumes no liability for assembly errors or assembly damage in the case of end customer self-assembly.
§ 11. NOTIFICATION IN ACCORDANCE WITH § 33 BDSG
The customer is informed that Ricom GmbH & Co. KG electronically stores personal data of the customer for purposes of contract administration, billing and statistical evaluation. This includes data such as name, address, bank details and data from the execution of the contract.
§ 12. SEVERABILITY CLAUSE, PLACE OF JURISDICTION
1. if parts of these terms and conditions are invalid or contradict applicable law, the remaining clauses shall not be affected.
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, including international disputes, shall be our registered office in Weissach. However, we are also entitled to bring an action at the general place of jurisdiction of the purchaser.
(3) German law shall apply exclusively, to the exclusion of the laws on the international purchase of movable goods, even if the Purchaser has its registered office abroad.