Status 30.03.2022

Deliveries and Services – General Section

1 Scope of the terms and conditions

1.1 All offers, order confirmations and contracts for services and work performance as well as merchandise of BREDEX GmbH (hereinafter referred to as “BREDEX”) shall be concluded exclusively on the basis of the following terms and conditions and shall be performed exclusively in accordance therewith. They may be supplemented and modified by additional terms and conditions as required by the nature of the subject matter of the contract.

1.2 These Terms and Conditions shall also apply to all future business relations after their first application to the Customer, even if they are not expressly agreed again. They shall be deemed accepted at the latest upon receipt of the service or goods. BREDEX is entitled to adapt these terms and conditions from time to time.

1.3 The validity of the customer’s general terms and conditions, in particular so-called “terms and conditions of purchase”, is hereby expressly rejected. They shall not be recognized even if BREDEX does not expressly object to them again after each sending, e.g. in the form of back texts on letterheads and standard forms. This also applies in the event of a counter-confirmation by the customer with express reference to his terms and conditions of business and/or purchase.

1.4 Individual agreements or special terms and conditions of BREDEX for specific service areas or annexes to such regulations shall take precedence over these GTC, in which case the aforementioned order shall apply.

1.5 If a sales partner of BREDEX has been involved in an order or commission, BREDEX shall not recognize any objections of the customer derived from an additional contractual relationship with the sales partner.

2 Offer and conclusion of contract

2.1 Offers are always subject to change and non-binding, unless they are expressly marked otherwise. Declarations of acceptance and all orders must be confirmed in writing by BREDEX in order to be legally effective, which can also be done by FAX or e-mail by an authorized employee designated for this purpose vis-à-vis the customer. The same applies to additions, changes or subsidiary agreements. In case of immediate performance or delivery before written confirmation, the declaration of readiness for acceptance of the performance, alternatively the delivery bill, at the latest, however, the invoice shall be deemed to be written confirmation.

2.2 The sales and project staff of BREDEX are – unless they have been expressly designated by the customer as authorized to do so – not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the contents of a written offer or contract.

2.3 Offer texts, textual and graphical or photographic representations on Internet pages and advertising materials of BREDEX, information on dimensions, weights and other performances are to be understood as approximate values only and, in particular, do not constitute a warranty of characteristics unless they are expressly designated as binding in writing. This also applies to model, design and material changes in the course of technical progress or changes in the market situation. BREDEX may also make changes to the ordered software/services/hardware, provided that these changes are not fundamental and the contractual purpose is only insignificantly restricted or altered as a result. The customer cannot derive any rights against BREDEX from this.

2.4 If a customer exceeds a credit limit granted to him, if any, by placing an order, BREDEX shall initially be released from the obligation to perform and deliver, unless the customer agrees to make an advance payment or to provide collateral or to settle claims in the corresponding amount.

3 Price quotations and prices

3.1 All prices, e.g. in offers, price lists or agreements, are exclusive of the statutory value added tax applicable at the time. This shall also apply to offers which the Contractor accepts or submits, unless gross prices are expressly indicated.