General Terms and Conditions of Ritter Technologie GmbH

I. Validity of the conditions
  1. Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. We hereby object to any terms and conditions of the buyer, in particular terms and conditions of purchase.
  2. Deviations from these terms and conditions are only effective if we confirm them in writing.
II Offer and conclusion of contract
  1. Our offers are subject to change and non-binding. Declarations of acceptance and all orders as well as supplements, amendments and ancillary agreements require our written or telephone confirmation to be legally effective. In the case of immediate delivery, the written confirmation can also be replaced by an invoice. Drawings, illustrations, dimensions, weights and other services are only to be understood as approximate values and in particular do not constitute a guarantee of properties.
  2. Unless otherwise stated, we shall be bound by the prices quoted in offers for 30 days from their date. The prices stated in our order confirmation shall be decisive; additional deliveries and services shall be invoiced separately.
III Prices

Our prices do not include packaging, shipping and insurance costs plus the statutory value added tax.

IV. Delivery and performance time
  1. Deadlines and delivery periods are non-binding; the specification of certain delivery periods and delivery dates is subject to the correct and timely delivery to Ritter Technologie GmbH by suppliers and manufacturers.
  2. Delays in delivery and performance due to force majeure and other unforeseeable events that make delivery or performance significantly more difficult or impossible for us and for which we are not responsible (including, in particular, war, warlike events service or make it impossible and for which we are not responsible (these include in particular war, warlike events, official orders, non-issuance of import, export or transit permits, national measures to restrict trade, strike, lockout and other operational disruptions of all kinds, traffic disruptions, regardless of whether these events occur at Ritter Technologie GmbH, its suppliers or subcontractors), entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable lead time or to withdraw from the contract, insofar as this has not yet occurred. service by the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part, insofar as it has not yet been fulfilled. The delivery period shall also be extended by the period during which the buyer himself is in default with the fulfillment of his contractual obligations.
  3. If the hindrance lasts longer than three months, the buyer is entitled, after setting a reasonable period of grace, to withdraw from the contract in whole or in part, insofar as it has not been fulfilled. If the delivery time is extended in application of clause 2 or if Ritter Technologie GmbH is released from its obligation, the buyer cannot derive any claims for damages from this. We can only invoke the aforementioned circumstances if the buyer has been informed immediately.
  4. We shall be entitled to make partial deliveries and render partial services; in the case of supply contracts, each partial delivery and partial service shall be deemed an independent service.
V. Default of acceptance
  1. For the duration of the buyer's default of acceptance, Ritter Technologie GmbH is entitled to store the delivery items at the buyer's risk and expense. Ritter Technologie GmbH can also make use of a forwarding agent or a warehouse keeper for this purpose.
  2. For the duration of the delay in acceptance, the buyer must pay us a flat rate of 1% of the purchase price per month, up to a maximum of € 25, as compensation for the storage costs incurred without further proof. If higher storage costs are incurred, Ritter Technologie GmbH can demand reimbursement of these costs from the buyer against proof.
  3. If the buyer refuses to accept the delivery items after expiry of a grace period set for him or declares that he does not wish to accept the goods, Ritter Technologie GmbH can refuse to fulfill the contract and demand compensation for non-fulfillment. We are entitled to demand either a lump sum of 25% of the agreed purchase price or compensation from the buyer for the actual loss incurred.
VI Delivery quantity

Visible differences in quantity must be reported to Ritter Technologie GmbH in writing immediately upon receipt of the goods, concealed differences in quantity within four days of receipt of the goods. Acceptance of the goods by the forwarder or carrier is deemed to be proof of quantity, perfect packaging and loading.

VII Transfer of risk

The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transportation or has left our warehouse for the purpose of shipment. If shipment is delayed or becomes impossible through no fault of our own, the risk shall pass to the buyer upon notification of readiness for shipment. Any assumption of the transportation costs by Ritter Technologie GmbH agreed in individual cases has no influence on the transfer of risk.

VIII. Warranty
  1. Ritter Technologie GmbH warrants that the products are free from manufacturing and material defects. The warranty period in accordance with the following provisions is six months.
  2. The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty shall be void if the defect is attributable to this. This also applies if the defect is due to improper use, storage, handling and opening of the devices or external intervention. Insignificant deviations in color, dimensions or other quality and performance characteristics of the goods do not trigger any warranty rights.
  3. The Buyer must notify us in writing of any defects without delay, but at the latest within one week of receipt of the delivery item. Defects that cannot be discovered within this period, even after careful inspection, must be reported to us in writing immediately after discovery.
  4. In the event of notification by the purchaser that the products do not comply with the warranty, we require that the defective part or device and a precise description of the fault, stating the serial number, as well as a copy of the delivery bill with which the device was delivered, be sent to Ritter Technologie GmbH, Customer Service Department, Essener Straße 2-24, 46047 Oberhausen for repair or delivered to them. The devices must arrive carriage paid and will be redelivered by us carriage forward, unless the transportation costs are disproportionate to the order value. The replacement of parts, assemblies or entire appliances does not result in any new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the devices to be repaired, the buyer must ensure that any data on them that is essential to him is backed up by copies, as this may be lost during repair work. Ritter Technologie GmbH accepts no liability for lost data and any consequential damage resulting from this.
  5. If the rectification of defects fails after a reasonable period of time, the buyer may, at his discretion, demand a reduction in payment or rescission of the contract. In the case of devices or parts for which no fault could be determined, we shall invoice the buyer for the inspection costs.
  6. Liability for normal wear and tear is excluded. Warranty claims are also excluded for wearing parts such as print heads, ink ribbons, type wheels, toner and other wearing materials.
  7. Warranty claims against Ritter Technologie GmbH are only available to the direct purchaser and are not transferable.
  8. The above paragraphs conclusively contain the warranty for products and exclude other warranty claims of any kind, unless there is intent or gross negligence on the part of Ritter Technologie GmbH.
IX. Retention of title
  1. Until the fulfillment of all claims to which Ritter Technologie GmbH is entitled against the buyer now or in the future for any legal reason, Ritter Technologie GmbH shall be granted the following securities by the buyer, which we shall release at the buyer's request at his discretion, insofar as their value sustainably exceeds the claims by more than 20%.
  2. The goods remain the property of Ritter Technologie GmbH (reserved goods). Any treatment or processing is always carried out for Ritter Technologie GmbH as manufacturer in the sense of § 950 BGB, without obligating us. If the goods subject to retention of title are processed or combined with other goods, Ritter Technologie GmbH shall in principle acquire a co-ownership share in the new item, in the case of processing in the ratio of the value of the goods subject to retention of title to the value of the new item, in the case of combination in the ratio of the value of the goods subject to retention of title to the value of the other goods. Should the customer become the sole owner, he hereby grants us co-ownership in the ratio of the aforementioned values and shall store the goods for us free of charge. If the goods resulting from processing or combination are resold, the advance assignment agreed below shall only apply to the value of the goods subject to retention of title.
  3. The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or transfers by way of security are not permitted. The purchaser hereby assigns to us in full by way of security any claims arising from the resale or any other legal grounds (insurance, tort) in respect of the reserved goods (including all current account balance claims). We irrevocably authorize him to collect the claims assigned to us for his account in his own name. The direct debit authorization can only be revoked if the buyer does not properly meet his payment obligations.
  4. In the event of access by third parties to the reserved goods, the buyer shall draw attention to the ownership of Ritter Technologie GmbH and inform the latter immediately.
  5. If the Buyer is in default of payment or culpably fails to fulfill other essential contractual obligations, we shall be entitled to take back the goods subject to retention of title or, if applicable, to demand assignment of the Buyer's claims for restitution against third parties. If we take back or seize the reserved goods, this shall not constitute a withdrawal from the contract, unless the Instalment Purchase Act applies.
X. Payment
  1. Depending on the agreement, invoices are payable in advance, by cash on delivery crossed check, cash on delivery euro check or upon collection, unless otherwise agreed. Delivery is always freight collect, i.e. at the buyer's expense by parcel service, forwarding agent or own vehicle, unless expressly agreed otherwise. The goods can be insured against damage in transit for a small fee if sent by post (e.g. insured parcel).
  2. Ritter Technologie GmbH is entitled to offset payments against the buyer's older debts, despite the buyer's provisions to the contrary. If costs and interest have already been incurred, we are entitled to offset the payment first against the costs, then against the interest and finally against the main service. The buyer must be informed of this.
  3. Payment shall only be deemed to have been made when we can dispose of the amount. Checks shall only be accepted on account of performance and shall only be deemed payment after they have been cashed.
  4. If the buyer is in default, we are entitled to charge interest at a rate of 3% above the Bundesbank discount rate from the relevant date. They are to be set lower if the buyer proves a lower charge.
  5. All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other material obligations under the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular suspension of payments, pendency of composition or bankruptcy proceedings. In such cases, we shall be entitled to withhold outstanding deliveries or to perform only against advance payment or securities.
  6. The purchaser is only entitled to offset or exercise a right of retention if the counterclaims have been legally established or are undisputed.
XI. Prohibition of assignment

The assignment of claims against us to third parties is excluded unless we have expressly consented to the assignment. Insofar as it does not concern generally non-assignable claims pursuant to § 8 No. 7 of these GTC (warranty claims), consent shall be granted if the Buyer proves essential interests which outweigh our interests in maintaining the prohibition of assignment.

XII. Limitation of liability

Claims for damages arising from impossibility of performance, from positive breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents, unless intentional or grossly negligent action is involved.

XIII Copyrights

Insofar as software is included in the scope of delivery, it is provided to the purchaser solely for his own use, i.e. he may neither copy it nor allow others to use it. A multiple right of use requires a special written agreement.

XIV Secrecy

The purchaser is obliged to keep secret for an unlimited period of time all information that becomes accessible to him in connection with the deliveries of Baumann Technologie, which is clearly recognizable as business or trade secrets of Ritter Technologie GmbH due to other circumstances and is to be kept confidential, and, unless this is necessary to achieve the purpose of the contract, neither to record it nor to pass it on to third parties or to exploit it in any way.

XV Export

Re-export from the Federal Republic of Germany is subject to German and US regulations and is not permitted without official authorization. The export of our goods to non-EC countries requires our written consent, irrespective of the fact that the buyer is responsible for obtaining any official import and export licenses. The buyer is responsible for compliance with the relevant regulations.

XVI Applicable law

The law of the Federal Republic of Germany applies to the terms and conditions and the entire legal relationship between Ritter Technologie GmbH and the purchaser. If the purchaser is a registered trader within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Oberhausen is the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Ritter Technologie GmbH is, however, entitled to sue the purchaser at any other place of jurisdiction. Furthermore, Oberhausen is the place of fulfillment and delivery within the meaning of the packaging regulations. Should one or more provisions of these General Terms and Conditions be or become invalid or contain a loophole, the contracting parties undertake to enter into negotiations with the aim of replacing or supplementing the invalid or incomplete provision with an appropriate individual agreement that corresponds as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.