General Terms and Conditions
1. Validity and Applicability
Delivery shall be effected exclusively based on the following general terms and conditions of
delivery and payment. This is to expressly object to the ordering party’s general purchasing terms
and conditions or any other limitations which may be imposed by the ordering party.
These General Terms and Conditions shall apply exclusively. Conflicting conditions of the customer or
conditions differing from those indicated in our General Terms and Conditions cannot be accepted,
unless approved by ISO-ELEKTRA GmbH in writing in individual cases.
Our offers shall be subject to change without prior notice. We reserve the right to implement
reasonable technical changes as well as reasonable changes in the design, colour and/or weight
of our products. Only the manufacturer’s product specifications shall be deemed to have been
agreed as warranted characteristics of the goods. Any statements by the manufacturer in the
public, offers or adverts shall not constitute warranted characteristics of the ordered goods in
terms of the contract.
If the customer places an order for a product, this is deemed to be a binding declaration of
intention to buy the ordered goods. The description of our range of products in print or electronic media is only intended to inform our customers. It is no offer to conclude a contract within the meaning of article 145 German Civil Code (“BGB”). Contractual obligations, e.g. within the meaning of a delivery guarantee, do not arise from that for ISO-ELEKTRA GmbH.
By placing an order to ISO-ELEKTRA GmbH, the customer offers to conclude a contract. ISO-ELEKTRA GmbH can accept such an offer by sending an order confirmation, issuing an invoice or by – as well partially - delivering the ordered goods, where the first partial delivery shall be the order confirmation.
The contract is concluded on the condition that the appropriate (raw-) products are delivered to us in time by our third-party-suppliers. This shall only apply if the reason for the non-delivery is not attributable to us especially if we have entered into a matching covering transaction with our sub-suppliers.
Deviations from or supplements to our agreements such as oral agreements on the telephone,
agreements with agents, changes in our general terms and conditions of delivery, representations
as to processing and application of our products etc., in particular, shall not become an integral
part of the contract even if we are aware of such deviations or supplementary agreements unless
we have expressly approved of these deviations and supplementary agreements in writing.
Deliveries are subject to their respective terms of delivery and payment.
Minimum order value is 150 EUR (net cash, Germany)
The delivery will be as soon as possible unless a certain date of delivery has been agreed on.
Partial delivery shall be permitted. In case of orders on demand the ordering party must unless otherwise agreed call all goods within 12 month after purchase. Delivery quantities are deemed to be spread approximately evenly.
In case of a delay in delivery, the ordering party shall grant the seller a reasonable period of grace. In the case of purchase on approval the samples provided by ISO-ELEKTRA GmbH are to be regarded as specimen.
Extreme weather conditions, such as great heat, frost or frost-hazard shall release ISO-ELEKTRA from duty of delivery at a certain point or period of time until weather conditions will be appropriate. In case of force majeure, we reserve the right to extend the term of delivery for as long as the delivery problem persists plus a reasonable recovering period. Official decree, downtime, labour dispute, strike, lock-outs and other circumstances which are not attributable to us and that permanently or temporarily make it more difficult or even impossible for us to deliver, regardless of whether these circumstances occur in our company or at our sub-suppliers, shall be treated in the same manner as force majeure. Circumstances as the ones mentioned above shall also entitle ISO-ELEKTRA GmbH to withdraw from the contract.
The goods shall be dispatched and shipped at the ordering party’s expense.
The risk of accidental perishing and loss of goods shall pass to the customer after the
goods were handed over or as far as sale by delivery to a place other than the place of
performance (at the request of the purchaser) is concerned have been handed over to the carrier,
the forwarding agent or any other person or organisation commissioned with shipment. If the
ordering party is in delay with taking delivery, the goods shall be deemed to have been
surrendered. ISO-ELEKTRA GmbH defines the type of delivery unless other directive is given by the purchaser. ISO-ELEKTRA holds transportation insurance contracts.
5. Reservation of Ownership
Until complete settlement of all claims against the customer the delivered goods shall remain the property of ISO-ELEKTRA GMBH.For the reservation of ownership applies the following:
All goods delivered including the package, containers and empties remain property of ISO-ELEKTRA until all claims of the business relationship will be settled (including cheques).
All deliveries are considered to be part of a single unique legal transaction.
In the case of resale by the customer to a third-party company or person all hereby resulting legal rights are passed to ISO-ELEKTRA, especially
If individual information on the range of products on the web site is faulty, ISO-ELEKTRA GMBH shall inform the customer separately after receipt of the order and submit an appropriate counter-offer to him.
The contract with ISO-ELEKTRA GMBH shall be brought about with ISO-ELEKTRA GMBH’s acceptance of this offer. A separate confirmation of the acceptance of the offer by ISO-ELEKTRA GMBH to the customer shall not be necessary. If ISO-ELEKTRA GMBH cannot accept the offer of the customer, the customer shall be informed about it electronically.
6. Prices and Payment conditions:
Our prices are excluding value-added tax. The tax portion will be indicated as is at the date of delivery. Unless other appointments have been made, invoices are due to instant charge without any trade allowances.