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Responsing for the content and © 2005 FF.: Ingenieur Büro Gottschild GmbH Weststraße 87 D-33790 Halle in Westfalen Germany Registered by AG Gütersloh, HRB 4814 General Manager Heinz Gottschild Telefon +49-(0)5201-7350-0 VAT-IdNo. DE 126961019	Wir sind bemüht die Informationen und Daten auf dieser Web-Site aktuell und zutreffend darzustellen. Eine Haftung oder Garantie für die Aktualität, Richtigkeit und Vollständigkeit der zur Verfügung gestellten Informationen und Daten ist jedoch ausgeschlossen.	Haftungsausschluss für Links: Mit Urteil vom 12. Mai 1998 hat das Landgericht Hamburg entschieden, daß man durch die Ausbringung eines Hyperlink die Inhalte der gelinkten Seite ggf. mit zu verantworten hat. Dies kann, so das Landgericht Hamburg, nur dadurch verhindert werden, daß man sich ausdrücklich von diesen Inhalten distanziert. Der Betreiber dieser Seiten stellt Links zu anderen Seiten im Internet zur Verfügung. Für Links, die auf andere WebServer verweisen, übernimmt der Betreiber keine Haftung oder Verantwortung und distanziert sich hiermit von dem dort vorzufindenden Inhalt, da er keinen Einfluss auf den Inhalt der verlinkten Seiten hat und es dem Betreiber nicht zugemutet werden kann, alle verlinkten Seiten regelmäßig zu überprüfen.

Terms and Conditions
General Sales Conditions Last Update 2005 This Shop is only for Companies, not for Private 1. In General 1.1 Our offers are non binding. 1.2 any agreements other than in written, orders and differences from the general sales conditions are binding for us only, if we confirm them in written. 1.3 The general sales conditions are always and exclusively valid for the contract having been agreed upon between Gottschild company and our customers. 1.4 As regards the contents of the respective contract the written order confirmation is valid and – if available - in combination with the index of performances having been established by us. 2. Delivery/ Performances 2.1 As regards any deliveries and performances the instructions of the VDE and CE standard are valid, as far as they are considered as regards the safety of the delivery and performances. Differences are admissible, as far as the same safety is guaranteed in another way. 2.2 Safety devices are delivered only, if they this has expressively been agreed upon in the order confirmation. If there are any safety devices required for the subsequent operation of the plant, which however are not included in the delivery, such safety devices have to be procured and assembled by of the customer. 2.3 The customer acquires the right for use of the version of the software product being valid at the time of conclusion of contract or of the first installation. 2.4 Gottschild is only engaged to take over the maintenance of the software, if a corresponding maintenance contract (against payment) has been concluded. 2.5 Delivery times agreed upon are to be understood ex works, unless nothing else has been agreed. If the dispatch is delayed due to circumstances caused by the purchaser, any risks will have to be borne by the purchaser at the time of readiness for dispatch and/ or readiness of the goods at the delivery date agreed upon. This is also valid in any other cases, when Gottschild has not caused the delayed delivery. 2.6 As long as the purchaser delays the payment of an invoice, no goods will be dispatched. 2.7 If an extension agreed upon is exceeded, delivery may be considered as delayed only after another adequate extension. 2.8 If goods are not delivered by one of our suppliers, we may decide to withdraw from contract. In such cases we may not be hold liable because of non-fulfilment or delay. 3. Dispatch/ Bearing of Risks 3.1 We may decide the way of dispatch, unless any other way of dispatch has expressively been requested by the customer. 3.2 Place of fulfilment as regards deliveries is our enterprise, even in case we overtake the transport by ourselves. 3.3 When the goods have left our premises, the purchaser takes over any risk. 3.4 Any delivery will be insured on request of the customer only and at his expense. 4. Setting-Up/ Assembly/ Taking into Operation 4.1 The connections for air and current as well as the necessary arrangements required for the assembly and taking into operation have to be provided by the customer. 4.2 If the setting-up and taking into operation of the machine is delayed without our fault, the customer has to bear any costs for the delay and additional travelling costs. 4.3 We are not to be held liable for any works of our customers or a third party. 4.4 As to the assembly staff the customer has to confirm them in written the daily working time, as well as the end of assembly. 4.5 The customer pays to us the rates mentioned in the order confirmation for setting-up, assembly and taking into operation, as well as the travelling costs. 5. Inspection 5.1 After a trial running of our plants – together with our customer - we check if our plants and performances are ready for operation. 5.2 The customer is engaged to confirm us, if our plants are ready for operation and if they comply with the specifications and/ or the order confirmation. This has to be confirmed on the inspection record. 6. Copyright 6.1 We reserve our property rights and any copyright as regards any layouts, drawings, wiring diagrams and any other documents. 6.2 The software source encoding is not handed over to the customer. 6.3 As regards any software products delivered by Gottschild, the customer acquires a limited, non-transferable simple usufruct. 6.4 Gottschild is authorised to apply their own company logo and brand. 7. Price 7.1 Unless anything else has been agreed upon, the prices are to be understood ex work. 7.2 The prices are to be understood without value added tax. 7.3 Customs duties, transport costs and insurances are at the expense of the purchaser. 7.4 If any packing is needed, this is invoiced at cost price and cannot be taken back. 7.5 If the production costs change subsequent to our order confirmation, we will be able to adapt the prices accordingly, if there is a longer period than four months between order confirmation and delivery. 8. Conditions of Payment 8.1 Unless anything else has been agreed upon, 30 % of the purchase price have to be paid on receipt of order confirmation or within seven days after receipt of order confirmation at the latest. The remaining 60% have to be paid on delivery of the machine and 10 % after taking into operation of the same – within 14 days each. 8.2 The times allowed for payment are considered to have been observed only, if we receive payment within the delays mentioned above. 8.3 Cheques are accepted for the purpose of fulfilment only. 8.4 If severe financial problems occur with a customer after conclusion of contract, we are authorised to claim for any outstanding performances and deliveries regarding contracts, payments in advance or guarantees for payment. 8.5 If the customer does not agree, we will be authorised without any special evidence to withdraw from contract and/ or to claim for damages because of non-fulfilment. After an extension we may claim 30 % of the total of order. 8.6 As regards customers not belonging to the EU, we insist on a payment against irrevocable letter of credit, confirmed and payable through the WestLB, against presentation of the commercial invoice and shipping documents. 8.7 The customer may only count up with indisputable and legally valid claims. The customer does not have any rights of holding back. However the rights according to §320 of the BGB remain valid, as long and as far as we have not met our obligations of warranty. 9. Warranty 9.1 Gottschild takes over the warranty that the object of contract is not faulty on its installation and that the features guaranteed are met with a tolerance of +/- 10 %. There is a warranty of 12 months. 9.2 The object of contract is to be checked by the customer immediately when it is handed over to him. Obvious faults have to be claimed for within 14 days in written. The faults have to be mentioned in detail. Non-obvious faults have to be claimed for in written immediately, however six months after taking into operation. 9.3 If the customer does not meet these obligations, there are no more claims for warranty. 9.4 Any works on objects delivered by Gottschild or other performances made by Gottschild are to be understood as works for repair of defaults or amendment, - if the defaults have expressively been accepted by Gottschild - or when complaints have been proved - and when these proved complaints are justified. Without these conditions such works are to be understood as special performance. 9.5 If an amendment at our choice or a replacement has not succeeded in repairing the fault after several attempts, the customer is authorised to withdraw from contract after an extension of 30 days. 9.6 The customer is only authorised to reduce the price, if we agree with that price reduction. Any other claims of the customer are excluded –as far as legally admissible. 9.7 The right of the customer to claim for damages is only valid for one year after delivery. 9.8 The liability for defects does not refer to natural wear and tear, furthermore not to any damages occurring after faulty or negligent treatment, excessive use and chemical and electrical influences. 9.9 The material as well as the corresponding works are free of charge for the customer. The corresponding travelling fees and any other fees are to be borne by the customer. 10. Limitation of Liability 10.1 Except with intent and negligence we are to be held liable for the direct damage only. Any other subsequent damages, especially damages occurring out of positive infringement of contract, even in the framework of an obligation of amendment are excluded as a consequence. This is especially the case with damages due to software errors. The same applies for any faults with initiation of contract and unauthorised acting. 11. Reserve of Property 11.1 Any of our deliveries are made subject to reserve of property. These reserve of property beside the following expansion is valid until payment of all claims resulting from the business relationship with the customer and until the complete release from eventual liabilities we have accepted in the interest of the customer. 11.2 Mortgaging of the goods reserved is not admissible. 11.3 We are authorised to claim back our goods reserved with an important reason, especially in case of delayed payment against taking into account of the evaluated proceeds without withdrawing from contract. In case of a credit note without further sale, 20 % of the value of invoice for loss of value can be claimed for as costs for taking back the goods without any special evidence and according to § 326 of the BGB, unless the customer does not prove a more inferior percentage. The claim for any further loss of value or further costs remain untouched by this. 11.4 The customer assigns to us any claims regarding the further sale of our goods and the use thereof. 11.5 If the value of the securities exceeds our claims towards the purchaser by more than 20 %, we are engaged – on his demand – to release securities accordingly at our choice. 12. Place of Jurisdiction and Material Law 12.1 For the contractual relationship exclusively the law of the Federal Republic of Germany is decisive. 12.2 For any quarrels arising out of business subject to these business condition, the place of jurisdiction will be Bielefeld. 12.3 The application of the uniform law regarding the international purchase of movable objects, as well as the law regarding the conclusion of international purchasing contracts about movable objects is excluded. 13. Obligation of the Contract 13.1 The remaining parts of the contract are still binding, even in case of possible legal non-validity of individual items. 13.2 The German version is applicable.
copyright 2006