Terms and conditions

Data Protection Declaration

Legal note:

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General Business and Delivery Conditions - Terms & Conditions (T&C)
(European version)

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1. Basis of the contract
Our general terms and conditions apply exclusively to our offers and services, also when it is not specified in individual cases. The purchaser accepts our terms and conditions upon placement of his order. In any case the acceptance of our services deems as recognition of our terms and conditions, even when the purchaser has referred to other conditions in the correspondence. Verbal agreements are required in writing.

2. Quotation
Our quotation is based on information received from the buyer. It can be adapted and charged to the buyer without notice by the supplier if the conditions of delivery change, if the conditions were unclear, were not specified enough or if the buyer is unable to provide sufficient support to execute the delivery.
It is subject to confirmation upon written acceptance of the contract from GÖRLITZ AG. We retain the right to undertake technical modifications. This includes material, software, service, colour, dimensions etc.

3. Delivery
Stated delivery dates are always approximate dates. They firstly begin after complete clarification of the technical and commercial details relevant to the execution of the contract. Delayed delivery presupposes written reminders from the purchaser. Other rights of the purchaser, apart from cancellation of the contract with adequate notice due to default in delivery and claims for damage arising from this default, are excluded. The cancellation of a customised product obligates the purchaser to reimburse all costs incurred to that date and also for goods no longer saleable as well as labour and additional expenses for production.

The delivery can be delayed through purchasing and manufacturing interferences, delay can also be caused by an act of God. We are not liable for this. For consignment we select the best possible consignment route. The risk of transfer takes place upon consignment. Transport insurance is the buyer’s responsibility, but can also be induced by us.

Software licenses will be endorsed to the final party who is stated in the quotation.

4. Prices and Terms of Payment
The prices quoted in the offer remain subject to confirmation and include the legal value added tax valid on the day of invoicing with a liability to payment without deduction 14 days from the date of the invoice. Revisions must be confirmed by us in writing. Default in payment occurs when our demands for payments due expire. Payments are considered as having been effected, when the total amount of the invoice has been debited to us. In the event of payment default we impose a default interest of 5% by means of the respective discount rate of the German Federal Bank.

We retain the right to determine taking in bankers’ drafts and cheques in individual cases. Bankers’ drafts and cheques are only in lieu of payment and are never accepted as fulfilment of payment or subject to discount. The buyer is liable for the additional costs incurred by the draft. Our proprietory rights cease to apply when all conditions of the draft have been fulfilled.

5. Retention of Title
All delivered goods remain our property until full payment of outstanding debits relating to the business connection. An offset, particularly litigious, against other business operations is not permitted.

6. Guarantee
We undertake the guarantee of devices not produced by us insofar as our suppliers provide a guarantee. Upon modification we undertake full guarantee for integrated or modified components implemented by us. The guarantee of products from our own production generally encompasses 6 months from data of delivery and refers to material and labour time. The execution of delivery takes place in Koblenz, Germany. Repairs will be carried out free of charge within the guarantee period when the purchaser delivers the goods to us carriage paid. When the purchaser wishes for repairs to be carried out on site, then he assumes the full costs of the service personnel. Further claims, such as reduction, transformation or compensation for consequential loss are explicitly excluded. We do not accept responsibility for damages incurred by incorrect handling or an unauthorised intervention on the device or system. Delivered goods must be controlled immediately upon receipt. Faults or unstipulated conditions must be reported in writing within 7 days, otherwise the goods have been considered approved. Consumer goods where the paint or the depreciation of the underlying casings and cables are taken into account, are within the frame of normal depreciation and thus no guarantee is undertaken. When fully operational devices on site occasionally display interferences resulting from technical or climatic influences we do not undertake responsibility, but we would exert enormous goodwill for a corrective redress.

7. Installation and Service
Offers do not include services like pre- evaluation, project management, installation, maintenance, and operational support. Our projecting and system services are calculated as man-days according to our current daily rates. These are in each case directly upon completion of the individual service or respectively, partial service, to be paid immediately and without deduction upon presentation of the invoice. A subsequent reduction of the installation invoice is not permitted. The duration of the application is calculated in full man-days on the scale of a normal working day. With the request of a projecting day even when unwritten, the purchaser acknowledges the conditions. Offers given for man-days and qualification are estimates that are based on the buyers’ information given to the supplier. They can be adapted without notice by the supplier if the conditions of delivery change, if the conditions were unclear, were not specified enough or if the buyer is unable to provide sufficient support to execute the delivery. We will endeavour to assign a punctual and service oriented delivery appointment, but retain the right of postponement particularly in the event of an act of God.

8. Separate conditions for the purchase of goods
The terms and conditions of our contract apply to the purchase of goods in respect of price, form of delivery, delivery time, terms of credit etc. to comply with those named in the written order. Any other expressed delivery conditions of the supplier will be refused, even when a written confirmation has on our part not been contradicted. In particular we retain the right to lawfully denounce and censure in the event when concealed faults are proven in delivered parts after the goods have been installed or applied in accordance with the regulations.

9. Final conditions
GÖRLITZ AG will do not accept penalty clauses. The place of execution for our supplies and services is Koblenz, Germany. Deviations from this and other agreements are required in writing. The partial invalidation of a condition does not affect the other conditions. Legal domicile is Koblenz, Germany.

Data Protection Declaration

As your privacy is of particular importance to the GÖRLITZ AG, located in August-Thyssen-Straße 32, 56070 Koblenz, the staff members and management takes the matter of person-related data seriously and strictly complies with the regulations of the Data Protection Act. Person-related data are collected in the website for technical purposes only. On no account will the collected data be passed to a third party without your express consent.

The following elaborates on how we guarantee protection of your data and for which purpose the data are collected.

Data processing in the website
GÖRLITZ AG collects the following data conveyed by your browser and automatically saves them in server log files:
The browser type/version which is used, the operating system, the reference URL (previously visisted websites), IP address, the date and time of the server request.

The data remain anonymous. Assurance is given that the data are not linked with other data sources and are erased after a statistical evaluation.

Cookies
The company operates with so-called "Session-Cookies". They are used for the length of the connection only and are deleted afterwards.

Newsletter
In the event that you wish to receive our Newsletter, GÖRLITZ AG requires your email address and data containing confirmation of your consent for its receipt.

Your permission to save your email address and its use for circulation of the newsletter can be revoked at any time.

Customer Requests
Data are collected and saved within the context of enrolment in seminars, support queries or the ordering of catalogues. The data are used solely to meet the demands of your request.

Right of Access
You are entitled at any time to information concerning your personal data and how they are handled. Please make a request in writing to: