Quick product search
Search by catalog number
Search by keywords
Terms of service
IHG Spann- und Anwendungstechnik Vertriebs GmbH - NÜRNBERG
General terms of sale and delivery (TOS) Nr. 01/2002
1. These General Terms and Conditions of Sale and Delivery No. 01/2002 shall exclusively apply to the entire business relationship between IHG and the Buyer, including their business relationship in the future. No other Purchase Conditions or General Commercial Terms of the Buyer shall be compatible herewith. No such other terms or conditions shall apply. IHG shall be entitled to amend its General Terms and Conditions of Sale and Delivery No. 01/2002 with effect for the entire future business relationship with the Buyer after an appropriate notice.
2. In case there is a framework agreement between the Buyer and IHG, these General Terms and Conditions of Sale and Delivery shall apply both to the said framework agreement and to each individual order.
3. No agreements made orally, by means of telephone, telegraphic or telex communication shall be valid without our written confirmation. All commitments made by our employees and representatives shall also be confirmed by us in writing.
1. Commercial proposals from IHG Spann- und Anwendungstechnik Vertriebs GmbH are a free offer without obligation. Documents attached to a commercial proposal, such as images, drawings, data on weight and dimensions, are approximate unless they are expressly declared as binding. In case IHG Spann- und Anwendungstechnik Vertriebs GmbH provides the Buyer with drawings or technical documents on a delivery item, these shall remain the property of IHG Spann- und Anwendungstechnik Vertriebs GmbH.
2. Orders placed by the Buyer shall be binding on the Buyer. An order is deemed to be confirmed by actual delivery or issuance of an invoice, unless it is otherwise confirmed by IHG Spann- und Anwendungstechnik Vertriebs GmbH in writing.
3. If the Buyer is an entrepreneur, only a written confirmation from IHG Spann- und Anwendungstechnik Vertriebs GmbH shall determine the content of orders and agreements, unless the Buyer immediately provides an objection in writing. This applies, in particular, to orders and agreements made verbally or by telephone. A notification to IHG Spann- und Anwendungstechnik Vertriebs GmbH shall only be deemed to be provided immediately, if it is received by IHG Spann- und Anwendungstechnik Vertriebs GmbH within seven days./p>
2. IHG Spann- und Anwendungstechnik Vertriebs GmbH shall have the right to make partial deliveries, but their volume shall not be less than the minimum permissible volume.
3. The Buyer is obliged to check and confirm a consignment note. Objections, if any, shall be immediately sent to IHG Spann- und Anwendungstechnik Vertriebs GmbH. Otherwise, the confirmed quantity of the goods to be delivered shall be deemed accepted.
4. In the event of delivery delays due to operational disruptions, measures taken by government authorities, lack of deliveries to IHG Spann- und Anwendungstechnik Vertriebs GmbH or force majeure, the delivery period shall be extended appropriately. Force majeure shall include, without limitation, collective protest of workers, including strikes and legal lockouts at IHG Spann-und Anvendungstehnik Fertriebs GmbH or at supplier companies of IHG Spann- und Anvendungstehnik Fertriebs GmbH. Pursuant to Section VII (General Limitation of Liability), the Buyer’s claims for damages shall be excluded in the above cases.
5. If the Buyer suffers damage due to delay in delivery which occurred through the fault of IHG Spann- und Anwendungstechnik Vertriebs GmbH, the Buyer shall have the right to claim damages, excluding further claims for compensation, at the rate of 0.5 % for each week of the delay, but not to exceed 5 % of the cost of the corresponding part of the total delivery. In the event of delay in delivery, the Buyer shall set a reasonable grace period and make an express declaration that it will refuse to accept any delivered goods after the expiry of such period. Failing the delivery within the set grace period, the Buyer shall have the right to terminate the contract. Any further claims in the event of delay in delivery, in particular, claims for damages pursuant to Section VII (General Limitation of Liability), shall be excluded.
2. Unless specially agreed otherwise, the prices shall apply to:
– machines, their components and spare parts when delivered ex works, except for packaging;
– tools and other goods when delivered ex warehouse, carriage forward, except for packaging.
VAT at the statutory rate shall be added to the prices. The calculation shall be made, including in case of partial deliveries, on the basis of the supplier’s prices being effective on the date of delivery.
2.1 Unless specially agreed otherwise, payment shall be made in cash to the supplier’s pay office, namely: – for machines, without any deduction or withholding, 1/3: as pre-payment after receipt of the order confirmation, 1/3: after the customer has been informed that the main parts are ready for shipment, and the remaining amount: within one month.
2.2 For tools, prototypes and other goods, if these are ordered from Germany: 14 days with 2 % discount and 30 days net, in each case, from the invoice date.
3. If the payment is delayed by the Buyer, the Seller shall be entitled to demand default interest being 10 % higher than the base rate. The Seller reserves the right to claim specific damages due to default of the payment.
4. The Buyer shall be entitled to an offset of counter claims, only if its counter claims are legally valid, undisputed, and have been recognised by IHG Spann- und Anwendungstechnik Vertriebs GmbH.
5. Small order charge
We hope for your understanding when we include, in an invoice, the following expenses payable:
expenses amounting to EUR 5, if the cost of goods is less than EUR 25.00;
expenses amounting to EUR 10, if the cost of goods is less than EUR 12.50.
2. If the shipment or acceptance is delayed for any reasons beyond the control of IHG Spann- und Anwendungstechnik Vertriebs GmbH, the risks shall be transferred to the Buyer on the day of notification on readiness for shipment/acceptance.
1. IHG Spann- und Anwendungstechnik Vertriebs GmbH shall be liable for defects in the delivery, excluding further claims, as follows:
1.1 the warranty periods for new goods, in case of personal use (Consumer Goods Purchase, § 474 of the German Civil Code), shall be 24 months from the transfer of risks; in case of commercial and/or professional use, 12 months.
1.2 The warranty period for used goods, in case of personal use (Consumer Goods Purchase, § 474 of the German Civil Code), shall be 12 months from the transfer of risks; in case of commercial and/or professional, the warranty shall be excluded. Used machines shall be delivered with the available components and in the condition in which they are at the time of making the contract. If a machine has not been examined by the Buyer in advance, any liability for obvious or hidden defects shall also be excluded, except where IHG Spann- und Anwendungstechnik Vertriebs GmbH has concealed, from the Buyer, intentionally or through gross negligence, any defects that it is aware of.
2. The provisions of Clause 1 shall not apply to warranted properties or in case of a deliberate violation of essential contractual obligations. Such claims by the Buyer, as well as claims for damage that occurred outside the delivery item shall be excluded in accordance with the provisions of Section VII (General Limitation of Liability), to the extent established by the law. The defects rectification or additional deliveries under the warranty obligations shall not trigger start of a new warranty period.
3. Any properties of goods shall only be guaranteed, if they are expressly designated as such in the contract. No oral representations or details set forth in the documents of IHG Spann- und Anwendungstechnik Vertriebs GmbH shall contain any warranties. Samples, specimens, dimensions, DIN Standards, description of performance capabilities, and other information about the properties of the delivery item shall be intended for specification and shall not be regarded as guaranteed properties. The specification of materials to be used by IHG Spann- und Anwendungstechnik Vertriebs GmbH that is given in the contract shall only guarantee compliance of the materials with this specification but not fitness of the materials for the purpose established in the contract. IHG Spann- und Anwendungstechnik Vertriebs GmbH only undertakes to point out their obvious unfitness for the stated purpose.
4. The warranty shall not cover any damage caused by external influence, improper installation or operation, improper maintenance or repair, corrosion or normal wear and tear. In the latter case, the warranty does not extend, in particular, to the wear and tear of fast wearing parts. Fast wearing parts shall include all rotating parts, engine blocks, and tools. These warranty terms provide for the one-shift operation of the machine being sold.
5. The Buyer shall inspect the delivered goods at its own expense, at once upon receipt and to immediately notify IHG Spann- und Anwendungstechnik Vertriebs GmbH in writing about any defects, incorrect deliveries, incorrect deliveries that are obviously not approvable, or insufficient quantities. Such notification shall be made within seven days from the receipt of the delivery item. Hidden defects shall be reported to IHG Spann- und Anwendungstechnik Vertriebs GmbH in writing immediately after they are discovered. In all other cases, bilateral commercial transactions between enterprises shall be subject to § 377 and § 378 of the German Commercial Code.
6. No possible quality defects in a partial delivery shall entitle the Buyer to reject the remaining part of the agreed quantity of the goods, unless the Buyer can prove that, under the circumstances, the acceptance of only a part of the delivery is unacceptable for the Buyer.
7. Having discovered a defect, the Buyer may not change, process or hand over the delivery item to third parties but shall provide sufficient opportunity and time for IHG Spann- und Anwendungstechnik Vertriebs GmbH to make sure that the defect exists and take all necessary actions to rectify it (through repair or replacement delivery). Otherwise, all claims for defects shall be deemed void. Only in case operational safety is endangered or in order to prevent disproportionately large damage, of which IHG Spann- und Anwendungstechnik Vertriebs GmbH shall be informed urgently, the Buyer shall have the right to rectify the defect using its own resources or the services of third parties and to request that IHG Spann- und Anwendungstechnik Vertriebs GmbH reimburse the corresponding expenses. The warranty claims shall be void, irrespective of existence of a defect, if the Buyer or a third party makes any alterations or repairs without the permission of IHG Spann- und Anwendungstechnik Vertriebs GmbH.
8. Any damages in transit shall be reported to the Seller immediately. The Buyer shall settle the necessary formalities with the carrier, in particular, to establish all necessary facts to protect the right of recourse against third parties. Claims may not be made insofar as usual breakage, shrinkage or the like remain within reasonable limits.
9. In the event of a justified claim, IHG Spann- und Anwendungstechnik Vertriebs GmbH shall either rectify the defects or replace the defective goods, at its discretion. Defects may be rectified several times.
10. When rectifying the defects, IHG Spann- und Anwendungstechnik Vertriebs GmbH undertakes to bear all expenses necessary to rectify the defects, in particular, expenses for transportation, travel, labour, and materials, insofar as these are not increased due to the fact that the purchased goods have been transferred to a place other than the place of the obligations performance.
11. In the event that IHG Spann- und Anwendungstechnik Vertriebs GmbH fails to rectify the defects, deliver a replacement or carry out repairs or if the replacement delivery is impossible or unsuccessful or IHG Spann- und Anwendungstechnik Vertriebs GmbH refuses to carry out the said actions for other reasons, within a reasonable grace period for the defects rectification according to § 439 of the German Civil Code, the Buyer shall have the right to withdraw from the contract or to have the purchase price reduced, excluding all other claims relating to the delivery item.
1. IHG Spann- und Anwendungstechnik Vertriebs GmbH reserves ownership of the delivery item until it has received all payments provided for in the delivery contract. In the event of the Buyer’s conduct conflicting with the contract, in particular, upon a delay in payment, as well as if an application to open insolvency proceedings is filed, IHG Spann- und Anwendungstechnik Vertriebs GmbH shall be entitled to return of the delivery item, after sending a reminder, and the Buyer shall return the delivery item. In the event of pledge or other interventions by third parties, the Buyer shall immediately notify IHG Spann- und Anwendungstechnik Vertriebs GmbH thereof in writing.
2. IHG Spann- und Anwendungstechnik Vertriebs GmbH shall have the right to insure the delivery item against theft, breakage, fire, flooding, and other damage at the Buyer’s expense, unless the Buyer provides documents confirming that it has arranged the insurance on it own.
3. The Buyer shall have the right to resell the delivery item in the ordinary course of business. However, the Buyer hereby assigns, to IHG Spann- und Anwendungstechnik Vertriebs GmbH, all claims that it acquires due to the resale, against the new buyer or a third party, regardless of whether the conventionally sold goods have been resold without or after processing. The Buyer shall have the right to collect these claims even after their assignment. This shall not affect the right of IHG Spann- und Anwendungstechnik Vertriebs GmbH to collect the said claims itself; however, IHG Spann- und Anwendungstechnik Vertriebs GmbH undertakes not to collect the said claims as long as the Buyer duly meets its payment obligations. IHG Spann- und Anwendungstechnik Vertriebs GmbH may demand that the Buyer inform it of assigned claims and respective debtors, provide all details required for the collection of the claims, hand over the relevant documents, and notify the debtors of the claims assignment. If the delivery item is resold together with other goods that do not belong to IHG Spann- und Anwendungstechnik Vertriebs GmbH, the Buyer’s claim against the new buyer shall be deemed to be assigned in the amount of the delivery price agreed between IHG Spann- und Anwendungstechnik Vertriebs GmbH and the Buyer.
4. The processing or transformation of the conventionally sold goods shall be carried out by the Buyer for IHG Spann- und Anwendungstechnik Vertriebs GmbH. If the conventionally sold goods are processed together with any items not belonging to IHG Spann- und Anwendungstechnik Vertriebs GmbH or are inseparably mixed with such items, IHG Spann- und Anwendungstechnik Vertriebs GmbH shall acquire co-ownership of the new goods proportionately to the value of the conventionally sold goods with regard to other processed or mixed items at the time of processing or mixing. In the event that the goods received from IHG Spann- und Anwendungstechnik Vertriebs GmbH are combined with other movable items to form a single item, and such other item may be regarded as the main one, the Parties agree that the Buyer shall transfer proportional co-ownership of such item to IHG Spann- und Anwendungstechnik Vertriebs GmbH, provided that the main item belongs to the Buyer. The Buyer retains the ownership or co-ownership of the item for IHG Spann- und Anwendungstechnik Vertriebs GmbH. In all other respects, the provisions that apply to the conventionally sold goods shall also apply to the item resulting from such processing, transformation, combining or mixing.
5. IHG Spann- und Anwendungstechnik Vertriebs GmbH shall be entitled to demand provision of appropriate security, to ensure that the Buyer properly fulfils its obligations. IHG Spann- und Anwendungstechnik Vertriebs GmbH undertakes to release the security which it has been provided, to the extent its value exceeds the secured claims, if they have not been settled yet, by more than 20 %.
2. In case IHG Spann- und Anwendungstechnik Vertriebs GmbH fails to perform all its obligations before the transfer of risks due to any circumstances occurring through the fault of IHG Spann- und Anwendungstechnik Vertriebs GmbH, the Buyer shall have the right to terminate the contract. In the event of partial objective impossibility or partial subjective impossibility of performance, the above provision shall only apply to the relevant part. In this case, the Buyer may terminate the whole contract, if it proves its legitimate interest in rejecting the partial delivery. Pursuant to Sections VI and VII, further claims by the Buyer, in particular, claims for damages, shall be excluded.
3. If the impossibility of performance occurs upon a delay in the acceptance or through the fault of the Buyer, the Buyer shall remain obliged to perform its obligations.
4. After the contract is terminated at the initiative of IHG Spann- und Anwendungstechnik Vertriebs GmbH or after it sets a deadline with a warning of withdrawal from the contract, IHG Spann- und Anwendungstechnik Vertriebs GmbH shall have the right to dispose of the returned goods at its discretion.
1. Unless otherwise established in the contract, the location of IHG Spann- und Anwendungstechnik Vertriebs GmbH in Nuremberg shall be the place of performance of the payment and goods delivery obligations.
2. If the Buyer is an entrepreneur, a legal entity under public law or a legal entity with a status of public-law property, all disputes, including on the basis of bills of exchange or cheques, shall be examined at the location of IHG Spann- und Anwendungstechnik Vertriebs GmbH in Nuremberg; actions against IHG Spann- und Anwendungstechnik Vertriebs GmbH may only be entertained at the said location.
3. Only the law of the Federal Republic of Germany shall apply, with the exception of international private law, standardised international law, and the United Nations Convention on Contracts for the International Sale of Goods.
1. Should any of the provisions of these General Terms and Conditions of Sale and Delivery be or become ineffective, this shall not affect the validity of the other provisions of the contract. The relevant statutory regulation shall be applied in place of such provision. Under no circumstances may such provision of these General Terms and Conditions of Sale and Delivery be replaced by the Buyer’s commercial terms.
2. No potential amendments to the contract shall be valid without a written confirmation by IHG Spann- und Anwendungstechnik Vertriebs GmbH. This provision shall also apply to the deviation from the contractual requirement for obligatory written form.
3. Legally relevant declarations of intent, such as termination of the contract, declaration of withdrawal from the contract, requests for the price reduction or compensation for damage shall only be valid if they are made in writing.
4. IHG Spann- und Anwendungstechnik Vertriebs GmbH shall have the right to process and store, independently or with the engagement of third parties, the data about the Buyer received in the course of the business relationship, including the data received from third parties, in accordance with the Federal Data Protection Act.
Together with these General Terms and Conditions of Sale and Delivery (as amended in March 2002), we send you a password that enables you to use our on-line shop. Our General Commercial Terms and Conditions, as well as Special Conditions for Electronic Order Processing are available at
Nuremberg, March 2002