General Terms and Conditions
Only the German version of our General Terms and Conditions is valid.
The following terms and conditions apply to all contracts that you (hereinafter referred to as "user") conclude with us as Agricon GmbH.
Unless otherwise agreed, the inclusion of any own terms and conditions used by you is contradicted.
The GTC apply in particular to contracts for the sale, provision and/or performance of other services, irrespective of whether we manufacture the goods or services ourselves or purchase them from suppliers (§§ 433, 651 BGB). Unless otherwise agreed, the General Terms and Conditions in the version valid at the time of the conclusion of the contract by the purchaser or in any case in the version last notified to him in text form shall also apply as a framework agreement for similar future contracts without Agricon GmbH having to refer to them again in each individual case.
Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
The services of Agricon GmbH are aimed at entrepreneurs within the meaning of § 14 BGB who make use of the services within the scope of their independent, professional or commercial activity. The services provided by Agricon GmbH are also directed at public corporations and institutions under public law. The conclusion of a contract with consumers is excluded.
Agricon GmbH reserves the right to check the entrepreneurial status of the user prior to the conclusion of the contract.
Furthermore, Agricon GmbH reserves the right to demand proof of the entrepreneurial status from the user before and during the execution of the contract.
Offer and contract documents
The offers of Agricon GmbH on the Internet are non-binding and not a binding offer to conclude a contract.
Remuneration, terms of payment and due date
All prices are net prices, i.e. excluding any value added tax.
All prices are ex works. Shipping and packaging costs will be invoiced separately.
If services are rendered in staggered chronological order as individual services, Agricon GmbH may invoice each block of services separately.
Payments are due with the delivery/provision of the goods or services to the user and are to be paid within 14 days of invoicing.
Terms of delivery
The delivery period stated in the offer shall commence with the complete clarification of all technical specifications and the fulfilment of the user's obligations to cooperate.
A delayed completion of the order due to weather conditions does not entitle the user to withdraw from the contract or to assert claims for damages.
Deliveries shall be made ex works. Otherwise, Section 4.2 sentence 2 of the General Terms and Conditions shall apply.
Transport and other packaging in accordance with the Packaging Ordinance shall not be taken back. Standardised pallets are excluded from this.
If delivery is delayed at the user's request, the user shall be charged the costs incurred for storage, starting one month after notification of readiness for dispatch, in the case of storage at Agricon GmbH, but at least 50% of the invoice amount for each month. However, Agricon GmbH is entitled, after setting and fruitless expiry of a reasonable deadline, to otherwise dispose of the delivery item and to supply the user with a reasonably extended deadline.
Retention of title
The goods remain the property of Agricon GmbH until the purchase price has been paid in full.
Agricon GmbH retains title to the goods and services until all claims arising from the current business relationship have been settled in full. Prior to transfer of ownership of the reserved goods, pledging, resale, rental, gifting or transfer by way of security is not permitted and may not be given to third parties for repair.
If the goods or other services are subject to retention of title, the user is obliged to handle the goods or other services with care and in a proper manner and to have all scheduled maintenance work and necessary repairs carried out without delay.
Furthermore, he is obliged to insure them sufficiently at his own expense against natural hazards, theft and other damage at replacement value.
The user may resell the goods in the ordinary course of business. In this case, the user hereby assigns to Agricon GmbH, which accepts the assignment, all claims in the amount of the invoice amount accruing to him from the resale. The user is further authorised to collect the claim. If the user does not properly meet his payment obligations, Agricon GmbH reserves the right, however, to collect the claim itself. The purchaser shall bear all costs which must be incurred for the surrender of access and for the replacement of the object of purchase, insofar as they cannot be collected by Agricon GmbH or by third parties.
If the reserved goods are combined and mixed, Agricon GmbH acquires co-ownership of the new object in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.
Agricon GmbH undertakes to release the securities to which it is entitled at the user's request to the extent that the realisable value of the securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on Agricon GmbH.
Assignment, right of retention and set-off
The assignment of claims against the operator to third parties is only possible with written consent. This applies in particular to the transfer of the provider's account to a third party.
The user can only exercise a right of retention as far as it concerns claims from the same contractual relationship. Providers are entitled to a right of retention only against legally established or undisputed counterclaims.
The user may only offset against legally established or undisputed counterclaims.
Acceptance and delay in acceptance
If the user does not accept the item in due time, Agricon GmbH is entitled to set him a reasonable grace period, after the expiry of which he can dispose of the item elsewhere and supply the user with a reasonably extended grace period. The rights of Agricon GmbH to withdraw from the contract after setting a grace period or to claim damages for non-performance remain unaffected.
The user is obliged to accept partial deliveries (advance deliveries) as far as this is reasonable.
If the user cancels services that are provided over several periods before complete provision of the services for reasons that are not attributable to Agricon GmbH, the latter shall be entitled to cancellation costs.
The amount of the cancellation costs is 25% of the total order value without value added tax. This does not apply if Agricon GmbH has already rendered more than 75% of the services. In this case, the user has to pay the outstanding amount, whereby Agricon GmbH has to be credited for what it saves by not rendering the service.
In principle, the statutory warranty rights exist. In all other respects, the following applies in deviation from paragraph 1:
Only the information provided by Agricon GmbH and the product descriptions of any other manufacturer shall be deemed agreed as the quality of the goods, but not other advertising, public praise or statements by the manufacturer.
The user is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify Agricon GmbH of obvious defects within 7 days of receipt of the goods in text form (e.g. e-mail); timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of violation of the obligation to inspect and give notice of defects.
In the event of defects, Agricon GmbH shall, at its discretion, provide warranty by repair or replacement. If the remedy of the defect fails, the user may, at his discretion, demand a reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless something else results, in particular, from the nature of the item or defect or other circumstances. In the event of rectification, Agricon GmbH does not have to bear the increased costs arising from the transport of the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
The warranty period shall be one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damages attributable to us arising from injury to life, limb or health and to damages or malice caused by gross negligence or wilful intent, as well as to recourse claims pursuant to §§ 478, 479 BGB (German Civil Code).
Transport and travel costs for portable objects within the usual business catchment area shall not be assumed if they would exceed the sales price of the object.
The assertion of warranty claims is only permissible upon presentation of the invoice or other proof of purchase.
Excluded from any warranty: Errors caused by damage, incorrect connection or incorrect operation by the user. Damage due to force majeure, e.g. lightning, defects due to wear and tear in the event of overloading of mechanical or electromechanical parts due to improper use or defects due to soiling, damage due to extraordinary mechanical, chemical or atmospheric influences. This also applies in particular to damage caused by unsuitable, defective or leaking batteries and accumulators inserted into devices.
Agricon GmbH is liable without limitation for damages resulting from injury to life, limb or health. Furthermore, Agricon GmbH shall be liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of warranty for the quality of the subject matter of the contract and in all other cases regulated by law.
Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in Section 10 of the General Terms and Conditions.
If essential contractual obligations are affected, the liability of Agricon GmbH in case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which result from the nature of the contract and the breach of which would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on Agricon GmbH according to its content for the achievement of the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which the user may regularly rely on.
In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty shall be excluded.
In the event of withdrawal, the seller and the user are obliged to return the services received from each other. The value of the goods shall be remunerated for their use, whereby consideration shall be given to the reduction in value of the object of sale which has occurred in the meantime.
Service and repair conditions
Costs for orders not carried out
Since troubleshooting time is working time, the user is charged for the effort incurred and to be documented if an order cannot be executed, e.g. because ...
- the error complained of could not be determined under observance of the rules of technology
- the user culpably fails to meet the agreed deadline
- the order was withdrawn during execution
- the license authorizations for the use of the corresponding products were not given at the beginning of the order.
- Payment of a cost estimate
- If a cost estimate is prepared on behalf of the user, the costs shall be reimbursed by the user in accordance with the time required.
Workshop cost estimates without subsequent repair order placement shall be invoiced with a handling flat rate plus packaging, freight and shipping costs.
Warranty for repairs and liability
In general, the warranty conditions and statutory liability for defects listed under item 10 shall apply. In all other respects this shall not apply:
The claim to warranty in the event of intervention by the user or third parties in the object to be repaired shall not expire if the user refutes a correspondingly substantiated assertion by the contractor that an intervention in the object caused the defect.
The warranty period for batteries, accumulators, storage media, IT technology is 6 months, 6 months for used equipment and systems and 6 months for all external services and external repairs within the scope of a contract for work and services. For all other products and services the warranty periods listed under point 10 apply.
The User shall grant the Contractor the time and opportunity reasonably required to remedy the defect. In particular, the user shall ensure that the object complained of is available to the contractor or his representative for inspection and repair. If the user refuses this or delays this unreasonably, the contractor can oppose a right of retention from the service step by step according to § 322 BGB (German Civil Code) and refuse the removal of defects until the necessary cooperation of the user.
Warranty and liability for construction services, constructions, extensions and conversions of parts not carrying current or voltage:
Warranty and liability are exclusively governed by § 13 VOB/B.
Extended lien of the contractor on movable objects
The contractor is entitled to a lien on the object of the user which has come into his possession as a result of the order because of his claim from the order. The right of lien may also be asserted on the basis of claims from work carried out earlier, deliveries of spare parts and other services, insofar as they are connected with the object. For other claims arising from the business relationship, the lien shall only apply insofar as this is undisputed or legally binding.
If the item is not collected in due time after a collection request or a collection order is triggered, the contractor may charge an appropriate storage fee upon expiry of this period. If the collection does not take place at the latest 3 months after the collection request, the obligation for further storage and any liability for slight, negligent damage or loss shall lapse. 1 month before the expiry of the time limit, the user shall be sent a threat of dispatch at his expense.
The contractor is entitled to sell the object at market value after expiry of the period for covering his claims. Any additional proceeds shall be refunded to the user, taking into account all costs incurred to date for the claim. The contractor shall inform the owner in advance and informally of the sale.
Retention of title
Insofar as the spare parts or similar parts inserted during repairs do not become essential components, Agricon GmbH reserves ownership of these installed parts until all claims of the contractor arising from the contract have been settled.
If the user is in default of payment or if he does not fulfil his obligations from the retention of title, Agricon GmbH can demand the return of the object from the user for the purpose of dismantling the inserted parts. All costs of retrieval and dismantling shall be borne by the user. If the repair is carried out at the user's premises, the user must give Agricon GmbH the opportunity to remove the parts. Labour and travel costs shall be borne by the user. If the user does not give the opportunity to remove the parts, Clause 15, Paragraph 2, Sentences 1 and 2 shall apply accordingly.
Data communication and release from liability for third party claims
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. Agricon GmbH is therefore not liable for the constant or uninterrupted availability of the website and the services offered there.
The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be partially automated by e-mail. The user must therefore ensure that the e-mail address stored by him is correct, that the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.
The user indemnifies Agricon GmbH from all claims of third parties, which they assert due to the infringement of their rights by the use of the user materials in accordance with the order within the framework of the execution of the contract. In addition to claims for damages, the indemnification also includes the reimbursement of reasonable costs for legal defence arising from the illegal or improper use of the services of third parties. The indemnification presupposes that a settlement or an acknowledgement of claims by third parties is only made with the prior written consent of the user.
Choice of law, place of performance and place of jurisdiction
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Place of performance for all services arising from the business relations existing with Agricon GmbH and place of jurisdiction is the registered office of Agricon GmbH, insofar as the user is a merchant, legal entity under public law or special fund under public law. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or if the place of residence or usual abode is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.