General trading conditions (author: Carsten Iwinski 10.Sep.1995, AGB may not be copied without permission of the author)

Iwinski Bau - Firma Carsten Iwinski - Lemkestraße 183, 12623 Berlin

General trading conditions (author: Carsten Iwinski 10.Sep.1995, AGB may not be copied without permission of the author)

1. Validity of the conditions

1.1. These business conditions of company Carsten Iwinski (called Iwinski making followingly) are contract component.

All deliveries, performances and offers of Iwinski making are carried out exclusively on the basis of these business conditions.

These also therefore apply to all future contracts even if they aren't agreed on again particularly.

1.2. The business conditions of Iwinski making be exclusively valid; conditions of the customer standing contrary or differing aren't valid unless Iwinski making would have agreed.

The abolition or change is single always for the respective completion of a contract only valid the following conditions in such a case.

The business conditions of Iwinski making are valid, too, when Iwinski making of business conditions of the customer which are in knowledge standing contrary or differing executes the delivery unconditionally.

1.3. All agreements which are reached between Iwinski making and the customer for the purpose of execution of an order have to be given up in writing.

1.4. If one or several should be ineffective for terms of the contract to be concluded or get, then the validity of the other regulations isn't touched by it.

2. Offers

2.1. Iwinski making is only bound to offers when these are particularly described as such.

The commitment period is 14 days after dispatch of the supply provided that no other regulation was agreed on.

2.2. The documents like illustrations, weight and measure details, drawings, samples, making descriptions, use and operator's manuals u.a.m. being part of the supply serve only the illustration and become only contract component if and as far as they have in writing been described by Iwinski making as obligatory.

2.3. All documents being part of the supply remain property of Iwinski making.

With the handing over to the customer usufructs on copyright aren't transferred.

The documents have to be treated confidentially, consent on the part of Iwinski to be assigned in writing they may more particularly third parties only making be made accessible.

2.4. These are in Ziff on requesting only.

Giving 22nd and 23rd mentioned objects and documents back to Iwinski making.

3. Prices

3.1. The prices of Iwinski making are ex works valid or store provided that nothing else arises from the supply or the order confirmation.

Costs for packing, transportation and assembly aren't included in the offered prices.

3.2. If nothing else is agreed, then assemblies or performances are settled up with an hour charging sentence of 38.00 euros/hour.

This doesn't require any previous commissioning by the customer or customer.

3.3. The legal value added tax isn't included in the offered price; it is reported separately after the tax rate being for the invoice statement on the day in the invoice.

3.4. A delivery or performance without which this Iwinski making is anzulasten as a culpable delay is carried out after the completion of a contract later than four month then Iwinski making is authorized to increase its prices to at most 10% adequately if stand up due to wage settlements or material price increases particularly, after conclusion of the contract cost rises.

Iwinski making will prove this against the customer on desire.

4. Terms of payment

4.1. The Rechungen of Iwinski making are a register net within 14 days (without discount) for the payment duly.

The granting of cash discount for pre-due payment is if necessary offered separately.

4.2. Iwinski build the here taking of changes of case to case reserves for itself.

Gegebenfalls become changes as checks accepted only under reservation of the encashment.

Moving debit note and processing costs are bank charges and-be due, for debits of the customer.

4.3. The customer in delay in payment comes then the delay is on stands up the invoice amount to pay an interest rate of 5% interest above the respectively valid base interest rate of the European Central Bank.

The use of a provably higher interest damage reserves Iwinski making for itself.

On the other hand, the interest rate is reduced if the customer proves that a considerably low interest damage actually arises Iwinski build.

4.4. If the customer with the settlement of an invoice comes in delay, then all demands still due immediately duly become making of Iwinski without consideration for the dates for payment set.

In addition, Iwinski making is authorized to stop the work on regular orders for the time being and to ask for this pre-register up to the settlement of all open invoices.

The same is necessary if circumstances are confessed Iwinski making which is suitable to put the credit rating of the customer in question.

4.5. The setting off with counterdemands of the customer is inadmissible, unless that these counterdemands are stated duly and undisputed or final.

4.6. A possible retention is entitled to the customer only with regard to such payments which concern the single order from which he or the like lays guarantee claims.

5. Delivery time

5.1. The delivery time starts with the date of the entrance of the order confirmation, however not in front of the Beibringung of perhaps required documents, approvals, releases as well as other documents and clarification of all technical and business details.

5.2. At sales contracts the delivery time is regarded as adhered if until their expiry the delivering object has left the work or the dispatch readiness is informed.

Vorfristige deliveries or partial deliveries are permitted.

5.3. The delivery time prolongs itself adequately at admission of unforeseen events and acts of god.

As an unforeseeable event the delay in delivery and/or impossibility also is for the delivery by a pre-supplier of objects which are necessary for the production of the object ordered by the customer provided that Iwinski making doesn't have to have its unreliability of the pre-supplier charged as a rough negligent choice fault. Forms of industrial action like strike and shutout as well as breakdowns are regarded particularly as acts of god provided that of the outside this you bring like e.g. unencumbered not supplying with energy etc. the beginning and the customer of Iwinski making is immediately shown at the end of such obstacles to Iwinski making.

5.4. One claim to compensation because of non-payment in accordance with ?325, 326 BGB being entitled to the customer in the case of the performance delay or the impossibility of the performance to be held of Iwinski making we limited there, that you can require merely because of the foreseeable damage substitute.

The reason for the performance delay or the impossibility of the performance on firm intention or gross negligence of one of the legal representatives or one fulfillment assistant of Iwinski making is not, on the whole valid the prominent limitation of liability is based.

6. Place of performance and danger transition

6.1. At contracts with full merchants or legal entities of the public law place of performance is independently of the place of destination of the delivery the seat of Iwinski making.

6.2. The danger of the coincidental decline and the deterioration of a delivery of (also a partial delivery) changes with the dispatch on the customer.

This is also valid if list and/or assembly and/or putting into operation is agreed by Iwinski making.

The shipment can be insured against normal transportation danger on desire and at the expense of the customer by Iwinski making.

6.3. The dispatch is delayed because of circumstances, the customer to represent which has, does the danger of a coincidental decline or a coincidental deterioration of the dispatch stand-by indicator change on the customer so.

Iwinski making obliges itself however, on request and costs of the customer obtain the insurance which this requires.

7. Reservation of title

7.1. All deliveries and performances are carried out under reservation of title.

The property only then changes on the customer if he has, these are opposite Iwinski making, also ready from earlier orders, follow-up orders, repeat orders or spare part orders followed completely for its financial obligations.

The reserved property is regarded as a safeguarding of the balance demand of Iwinski making at a regular invoice.

7.2. In the case of the connection or intermixing of a thing delivered under reservation of title with a thing belonging to the customer or a third party Iwinski making obtains the proportionate co-ownership of the new thing instead of the customer to the value of the new thing.

7.3. Iwinski making is a manufacturer in the case of the Be or processing of the thing delivered under reservation of title according to the law however under exclusion of the take-over of any manufacturer obligations.

The proportionate co-ownership is entitled Iwinski making to the be or processing thing at the new thing and to be more precise in relationship of the selling price to the value of the new thing.

7.4. The customer is authorized for the further disposal of the things delivered under reservation of title in the proper business.

He hereby hands over the first-rate part of his demands from a justifiable and unauthorized further disposal in advance to Iwinski making which corresponds to the invoice price (inclusively MwSt) of the things delivered by Iwinski making.

The buyer as well as the height of the respective demands have Iwinski making to be to informed to addresses on requesting only names for us.

The customer is authorized to retract the demands gone off to Iwinski making so long when he duly follows opposite his financial obligations Iwinski making and Iwinski making doesn't revoke this authority for another reason.

Iwinski making accepts the ahead assignments regulated in this regulation.

7.5. Up to a proper utilization of the things delivered under reservation of title or the new things arisen connection, intermixing, Be or processing the customer has spatially to keep these separated from other things.

He bears us all costs required for the preservation during this time for charges and Iwinski making is liable for every deterioration.

Are sufficiently the delivered objects against damages to insure loss and decline.

From request Iwinski making is one to furnish proof of it in writing.

7.6. Every pawning or of the of objects delivered under reservation of title or transfer of ownership as security on a debt is inadmissible the arisen new.

By third parties distraints or others impairments of the property of Iwinski making are to announce of the customer immediately and to fend off below use of suitable means Iwinski making.

The customer is liable making for the Iwinski provided that Iwinski making has reason to uphold its rights at the delivered product by elevation of a third party contradiction complaint in accordance with §771 ZPO for arising costs out of court, as far as the complaint opponent is not able to a refund.

7.7. At behavior of the customer particularly at delay in payment contrary to the terms of the contract Iwinski making is authorized to take the delivered objects back.

No resignation of the contract is the withdrawal unless Iwinski making would particularly explain this.

7.8. To save the demands of Iwinski making the customer hands over such demands on Iwinski making which arise by connection of the delivering object with a property against a third party.

Iwinski making accepts this assignment.

7.9. Iwinski making obliges itself to release securities agreed on on desire of the customer in this respect when the value of the securities exceeds the demand to be secured around more than 20%; the choice of the securities to be released affects Iwinski making.

8. Defects and guarantees

8.1. Said about the composition composition, usability, suitability or effect of the contract products doesn't represent any assurance of certain qualities be it because it would Iwinski making, have indicated as such particularly.

Deviations of these specifications and details aren't defects according to the legal regulations if himself deviations keep and the function ability of the delivering objects doesn't impair fundamentally these deviations in this the legal one or to the level of technology permitted.

8.2. The Iwinski and making delivered object is immediately careful for rendered services from the customer at reception or completion of the assemblies and comprehensively check for completeness and faultless condition.

Not merchants have in writing to report everyone to Iwinski making in the context of this examination recognizable defects or amounts of inferior to Inempfangnahme or after assembly completion under announcement of all details as well as possible damage consequence within two weeks.

For merchants it remains this one as for the rest at the regulation.

8.3. Iwinski making does after or compensate for substitute delivery on the scale which is required around shortages and replace unsatisfactory parts of the delivery; for amounts of for inferior or unsatisfactory deliveries or performances as quickly as possible unsatisfactory assembly performances are improved on.

The customer is obliged to the decrease of the unsatisfactory parts of the delivery or performance.

This one is through after or substitute delivery or the improvement didn't produce a complete or defect free total performance of Iwinski making, the customer is authorized to withdraw from the contract or to ask a corresponding reduction of the compensation agreed on after his choice so.

8.4. As far as nothing else gives up hereinafterly further-reaching claims are the customer just for which legal justifications -- impossible.

Iwinski making therefore isn't liable for damages which haven't arisen at the delivering object themselves; Iwinski making particularly isn't liable for escaped profit or other fortune damages of the customer.

The damage cause is not, on the whole valid on firm intention, gross negligence or prominent liability clear drawing is based on the fact that Iwinski making has neglected a contract essential duty culpably.

Can if being for the customers' quality damage compensation entitlements assured one because of lack because of non-payment assert the liability clear drawing then either isn't valid.

8.5. Iwinski making is free of any guarantee if defect on the compliance with instructions this one doesn't correspond to the rules of technology or customers are based on faults at the use of the objects of the contract through this one for for the customer or customer for faulty technical drawings for faulty assembly guidelines for faulty constructions designed by the customer or customer made by the customer or customer made by the customer or customer for performance not ordered this one for the Erbringung in suitability and quality materials which are suitable and delivered by the customer or customer for technical note a service shall be produced by Iwinski making on instruction of the customer or customer, if despite.

9. Liability for faults

9.1. In principle, Iwinski making is for damages liable during contract negotiations only at firm intention or gross negligence of one of its legal representation or fulfillment assistants due to culpable breaches of contract or fault.

If essential contractual duties are hurt, Iwinski making is also liable for an easy negligence, though only on a replacement of the typical, foreseeable damage.

9.2. The understanding liability limitation also applies to deliktische claims for compensation.

Product liability law doesn't apply to claims in accordance with §1, 4 as well as at initial inabilities or at impossibility to be held of Iwinski making you.

9.3. As far as the adhesion of Iwinski making is excluded or restricted, this also applies to the personal adhesion of the employees, employee and fulfillment assistants of Iwinski making.

10. Right to be used

Exclusively German law applies to the on the right relations between the contract parties.

11. Place of jurisdiction

Place of jurisdiction is the corporate centre of Iwinski making (Berlin) in the case of business transactions with full merchants or legal entities of the public law.

01.Okt. 2002