- General
The following conditions apply to all offers, deliveries and services of livetec GmbH, unless otherwise agreed in writing. Deviating terms and
conditions of our contractors are valid only as far as we agreed in writing. - Not binding Information
All offers, prices and other information are not binding, unless explicitly otherwise stated. Technical modifications of our products are subject to
change without prior notice. Drawings are only approximate, unless they are specifically designed for binding. - Copyright
On drawings, cost estimates, bids and other documents all rights are reserved. They may not be made available to third parties. - Orders
a) Orders are binding for the buyer and are usually immediately delivered and invoiced. In case of late delivery the customer receives a written
order confirmation which is decisive for the delivery. Changes apply only after our written confirmation.
b) By issuing a purchase order the „General Conditions“ of livetec GmbH are recognized. - Prices and Payment
a) Our prices are ex works, excluding packaging, transport-insurance and shipping. These costs will be borne by the buyer. Additionally, for
deliveries within the domestic market the applicable VAT in force at the time of delivery will be added.
b) Payments must be made within 30 days after the invoice date without deduction. For payments within 10 days after the invoice date we grant 2%
discount on the prices of the pure goods, unless it exceeds € 300, – per order.
c) Payments apply only to the extent as done, as we can dispose freely at our bank.
d) Money orders and checks are only accepted as payment. Bills of exchange are not accepted.
e) Incoming payments are factually and temporally charged at the choice of livetec GmbH on existing debts. ( i.e. costs, interest, claim and
deliveries of goods, etc.)
f) If the payment deadline is exceeded, the invoice amounts will be charge with interests of 5 % above the current base rate of the European
Central Bank, without need of any special arrears setting. From second reminder overdue fines in the amount of € 10.00 per reminder.
g) The customer is neither entitled for retention nor offsetting claims. He is not entitled, when claiming the goods, to hold back the payment of due
invoices or to reduce the invoice amount.
h) On invoices for repairs, no discount is granted. - Delivery time, partial and late delivery
Delivery dates shall only be binding if confirmed in writing as binding.
a) The duration of the delivery period begins on the date of the order confirmation or upon receipt of all documents, materials, permits and
approvals provided by the purchaser.
b) Confirmed delivery dates will be met as far as possible by us, but are only approximately binding.
c) Partial deliveries are allowed at any time if the customer has not excluded in writing. Partial deliveries will be billed separately and are to be
paid separately.
d) Claims for damages of any kind due to delivery delays are excluded, except for willful or gross negligence.
e) Operational disturbances, strikes, fire, raw material and commodity shortages and other unforeseen events, which inhibit the production or
make it impossible, shall be deemed as force majeure. Force majeure at us or our suppliers shall exempt for the duration of the disorder and its
implications to the obligation to comply with delivery deadlines, without annulling the deal.
f) The withdrawal of sterile products is for security reasons expressly excluded. - Risk and acceptance
a) Each risk is devolved with the shipment from the factory to the customer, even when partial deliveries are done.
b) The buyer only has the right to reject acceptance of the delivery item if the delivery item has significant defects. - Retention of title
a) The delivered goods remain the property of livetec GmbH until the Purchaser has fulfilled all of its liabilities under the current and other
business accounts.
b) In case of default of the Purchaser livetec GmbH is entitled after reasonable notice to resign from the contract. The Purchaser is committed
after livetec GmbH has resigned to release the goods delivered and to replace previously incurred expenses of livetec GmbH. - Warranty
For defects of our products we are liable to the exclusion of further claims as follows:
a) Any damage has to be reported to us immediately, not later than 8 days after receipt of the goods, or detection of the defect.
b) Defective products, with materials or manufacturing defects, we will be renewed or replaced free of charge. The defective products have to be
sent to us for review free of charge.
c) The right of the Purchaser’s claims arising from defects to claim is time-barred after 12 months.
d) If a fault arises due to wrong treatment or arbitrary intervention of the purchaser or a third party any warranty shall be extinguished.
e) Replaced parts become the property of livetec GmbH.
f) Further claims of the Purchaser, in particular the right to compensation for damages that are not caused directly from the item itself, and
subsequent losses, are excluded.
g) Claims for damages will only arise when a claim through us through willful intention or gross negligence has been caused: in any case claims
are limited to the direct damage. Additional claims for damages are excluded. - Right of Withdrawal
If the Purchaser becomes insolvent or creditworthiness, livetec GmbH has the right to fully or partially withdraw from the contract. Claims for
damages of the Purchaser because of such resignation shall be excluded. - Place of Performance and Jurisdiction
Place of performance and jurisdiction is Lörrach, including claims from bills and checks. livetec GmbH is entitled to sue at the headquarters of the
Purchaser. For all legal relations between livetec GmbH and the Purchaser the laws of the Federal Republic of Germany will apply. - Data Storage
Purchaser agrees that its relevant data for the performance of the contract are saved at livetec GmbH.
2011, livetec Ingenieurbüro GmbH
