terms and conditions
§1 – Scope
a) IBR Leiterplatten GmbH & Co. KG (hereinafter referred to as "IBR") shall only deliver and perform in accordance with the following General Terms and Conditions. Supplementary and deviating terms and conditions of the customer shall only be valid if IBR has expressly agreed to them in writing.
b) These General Terms and Conditions apply to both consumers and entrepreneurs, unless expressly specified otherwise.
c) All information provided on websites, in brochures, advertisements, and non-binding offers constitutes an invitation to the customer to place a binding order. The order is accepted by means of a written order confirmation. Any objections to the order confirmation must be made in writing by the customer without delay.
d) The customer may only place orders within the technical parameters specified by IBR. IBR may make non-binding offers for special requirements if the requirements do not correspond to the standard parameters.
e) In the event of conflicting information within the documents, digital production data originating from the customer shall take precedence over other information.
§2 – Right of withdrawal for consumers
If the customer is a consumer within the meaning of § 13 BGB (German Civil Code), the following applies to distance contracts concluded exclusively using means of distance communication (e.g., orders via online shop):
a) Right of withdrawal
The customer may revoke their contractual declaration within 14 days without stating reasons in writing (e.g. letter, fax, email) or – if the item is delivered to them before the deadline expires – by returning the item. The period begins upon receipt of this instruction in writing, but not before the goods are received by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of the information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB (Introductory Act to the German Civil Code) as well as our obligations pursuant to § 312e (1) sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation must be sent to:
IBR Leiterplatten GmbH & Co. KG
Raiffeisenstraße 26
74906 Bad Rappenau
Germany
Email: office@ibr-leiterplatten.de
Fax: 07264-95956-95
b) Consequences of withdrawal
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g., interest) must be surrendered. If the customer is unable to return the service received in whole or in part, or only in a deteriorated condition, they must compensate IBR for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively attributable to their inspection—as would have been possible for the customer in a retail store, for example. Otherwise, the customer can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as their property and refraining from anything that could impair its value. Items that can be shipped by parcel post are to be returned at the expense and risk of IBR. Items that cannot be shipped by parcel post will be picked up from the customer. Obligations to refund payments must be fulfilled within 30 days. For the customer, this period begins with the dispatch of the notice of revocation or the item, and for IBR with its receipt.
End of the cancellation policy
c) Exclusion of revocation
The above right of withdrawal does not apply to distance contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature.
d) Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it.)
To
IBR Leiterplatten GmbH & Co. KG
Raiffeisenstraße 26
74906 Bad Rappenau
Fax: 07264-95956-95
Email: office@ibr-leiterplatten.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Order number ________________________
(*)Ordered on _________________/(*)received on ___________________
Name ____________________
Address ______________________
Signature, if not submitted digitally
Date
(*) Add/delete as applicable
§3 – Prices, payments, and settlements
a) For deliveries or services that are not to be delivered or rendered within a period of three months after conclusion of the contract, IBR has the right to adjust the price in line with any increases in labor and material costs that have occurred in the meantime. The same applies, regardless of the delivery and service period, to deliveries and services provided within the framework of a continuing obligation.
b) If, after conclusion of the contract, there is a significant deterioration in the customer's financial circumstances or if such a deterioration in financial circumstances becomes apparent after conclusion of the contract and IBR's payment claims are thereby jeopardized, IBR shall be entitled to refuse further performance of the contract until the customer has provided consideration or security for it. If the customer defaults on payments, all claims against them, regardless of whether they have already been invoiced or not, shall become due immediately, unless the default in payment was through no fault of their own.
c) Payments made by the customer shall always be offset against claims already due in accordance with Sections 366 (2) and 367 of the German Civil Code (BGB), unless the customer makes other arrangements. The customer is not permitted to offset claims other than those that are undisputed or have been legally established.
§4 – Deadlines and dates
a) Unless otherwise agreed, deliveries by IBR are debts to be paid on delivery, which are fulfilled by IBR on time when the goods are handed over to the carrier at the registered office of IBR or at an IBR warehouse.
b) The start of agreed delivery periods or completion periods or the adherence to agreed dates requires the clarification of all necessary technical questions. This applies in particular to the customer's obligations to cooperate. If agreed dates are not met, the customer must grant IBR a reasonable grace period to perform the contractual service owed. Grace periods must be set in writing.
c) In cases of force majeure, labor disputes, and similar events for which IBR is not responsible, IBR's performance period shall be extended by the duration of these events. If the events last longer than 3 months, either party may withdraw from the contract. Any statutory rights of withdrawal that have already taken effect shall remain unaffected. IBR shall not be liable for delays in performance due to events for which IBR is not responsible and shall not reimburse any expenses or damages incurred as a result.
d) Subsequent requests for changes or additions agreed with IBR by the customer shall result in a reasonable extension of agreed dates and deadlines. The preparation of the delivery, including notification of readiness for shipment and the organization of other agreed measures for the fulfillment of the contract, shall generally take place on working days during normal business hours.
e) IBR is entitled to make reasonable partial deliveries and provide partial services. For orders of 15 or more items, excess or short deliveries of up to 10% of the ordered quantity are customary in the industry for technical reasons in the manufacture of printed circuit board products and do not entitle the customer to make complaints or refuse acceptance. The payment claim resulting from the delivery quantity shall be reduced or increased accordingly. Early deliveries or services are permissible unless expressly agreed otherwise.
f) If the customer is in default of acceptance, IBR may demand reimbursement of the usual storage costs and reimbursement of other additional expenses for the storage and maintenance of the delivery item. Furthermore, the risk of accidental loss or accidental deterioration shall pass to the customer at the point in time at which the customer defaults on acceptance. If the default on acceptance also constitutes a debtor's default, IBR shall be entitled to demand compensation for any resulting damages. Further legal claims by IBR shall remain unaffected by this.
g) IBR shall be liable for any debtor's default for which it is responsible in accordance with §8
h) Products subject to export licensing:
The customer undertakes to inform IBR immediately and without being asked if it transpires that a product ordered by the customer could be subject to foreign trade restrictions. All costs and damages incurred by IBR as a result of a breach of this obligation shall be borne by the customer, provided that the customer is responsible for the breach. Delivery to the customer is subject to any necessary approvals from the competent authorities (e.g., Federal Office of Economics and Export Control, BAFA).
§5 – Retention of title, withdrawal
a) IBR retains title to all deliveries until full payment has been made.
b) Prior to the complete transfer of ownership, the goods may not be pledged, transferred as security, processed, or transformed without the express consent of IBR. The customer is obliged to notify IBR immediately if third parties assert claims with regard to the goods.
c) In the event of breach of contract by the customer, in particular in the event of default in payment, IBR shall be entitled, in accordance with the statutory provisions, to withdraw from the contract, to demand the return of the reserved property and to dispose of it elsewhere.
d) If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), they are entitled to resell the goods in the ordinary course of business; however, they hereby assign to IBR all claims in the amount of the final amount invoiced to them by IBR (including value added tax) which accrue to them from the resale against their customers or third parties. The customer remains authorized to collect this claim even after its assignment. IBR's authority to collect the claim itself remains unaffected by this. However, IBR undertakes not to collect the claim as long as the customer meets its payment obligations from the proceeds received, is not in default of payment, and no application for the opening of composition or insolvency proceedings has been filed or payments have been suspended. If this is the case, however, IBR may demand that the customer disclose the assigned claims and their debtors, provide IBR with all information necessary for collection and the associated documents, and notify its debtors of the assignment.
e) In the event that IBR's ownership of the goods delivered under retention of title expires due to combination (e.g., in the case of installation), the customer's (co-)ownership of the uniform item shall be transferred to IBR in proportion to the invoice value of the goods subject to retention of title and shall be held in safekeeping by the customer free of charge.
f) IBR undertakes to release the securities at the customer's request to the extent that their realizable value exceeds the claims to be secured by more than 10%.
§6 – Customer's obligations to cooperate
a) If the provision of agreed services requires the customer's cooperation, the customer must ensure that IBR is provided with all necessary and appropriate information and data in good time and in the required quality. This includes all necessary descriptions of the ordered service provision, such as drawings, data, product descriptions, specifications, and delivery requirements. A debt to be collected for information and data is expressly excluded.
b) If the customer fails to fulfill their obligations to cooperate, or does so incompletely or late, IBR's performance period shall be extended accordingly until the customer has fulfilled their obligations to cooperate. Furthermore, the customer shall reimburse IBR for any expenses and damages incurred as a result, unless the customer is not responsible for the breach of duty.
§7 – Rights in the event of defects
a) IBR manufactures its products in accordance with the state of the art applicable at the time of conclusion of the contract. Any use by the customer that goes beyond the normal use of the products or that requires a quality that deviates from the usual, in particular safety-related applications, such as use in aerospace, medical technology, or automotive, must be contractually agreed and thus confirmed in the order confirmation.
b) Subject to the following clauses, the customer's warranty claims against IBR are otherwise governed by the statutory provisions.
c) Normal wear and tear typical for the type of use does not constitute a defect. The customer must follow the operating, storage, and/or maintenance recommendations of IBR or the manufacturer. Only authorized modifications may be made, professional replacement parts may be used, and consumables that meet the required specifications may be used. IBR shall not be liable for any defects resulting directly or indirectly from the customer's breach of these obligations.
d) The customer must notify the supplier in writing of obvious defects within 7 calendar days of receipt of the goods at the latest, and of non-obvious defects within the same 7-day period after the defect has been discovered. Otherwise, the assertion of an obvious warranty claim is excluded. If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the obligation to inspect and give notice of defects pursuant to § 377 HGB (German Commercial Code) remains unaffected. In the event of a notice of defects, the customer is obliged to describe the symptoms of the defect to IBR in writing and in detail or, at IBR's request, to make defective devices or parts available for inspection and subsequent performance.
e) In the event of a defect, the customer must set IBR a reasonable deadline for subsequent performance. IBR reserves the right to choose between subsequent performance by repair or replacement. If the subsequent performance has failed or is unreasonable for the customer, the customer has the right to withdraw from the contract or reduce the purchase price. Withdrawal is excluded if the breach of duty by IBR is merely insignificant.
f) For warranty claims, a limitation period of 24 months applies from the transfer of risk for deliveries to consumers and 12 months for deliveries to entrepreneurs. For work performance, a period of 12 months applies from acceptance for entrepreneurs and 24 months for consumers. The aforementioned limitation periods do not apply to recourse claims pursuant to Sections 478, 479 of the German Civil Code (BGB), to fraudulently concealed defects, or to claims for damages pursuant to Sections 8.3 to 8.6; in these cases, the statutory limitation period applies.
g) Separately issued guarantees from IBR remain unaffected by the above warranty provisions.
h) Parts replaced within the scope of repair or replacement delivery become the property of IBR and must be returned by the customer at the request and expense of IBR.
i) If it transpires that IBR has provided services due to defects claimed by the customer without there being a warranty claim, the customer shall reimburse IBR for the expenses incurred as a result, unless the customer was not responsible for this.
j) The provisions of §8 shall apply in addition to claims for damages under warranty law.
§8 – Liability
a) IBR shall not be liable for damage for which IBR is not responsible, in particular for damage caused by improper use or handling of the products. The customer is obliged to follow the operating, storage, and maintenance recommendations of IBR or the manufacturer, to make only authorized changes, to replace spare parts professionally, and to use consumables that meet the required specifications. Both before and regularly after the delivery of goods and services by IBR, the customer must back up data on their IT systems at sufficiently regular intervals. IBR accepts no liability for damage caused by or attributable to a breach of the aforementioned obligations of the customer.
b) IBR shall not be liable, regardless of the legal basis, for either direct or indirect damage caused by slight negligence on the part of IBR or its vicarious agents.
c) The restriction in §8b) shall not apply if IBR or its vicarious agents have breached a material contractual obligation (so-called cardinal obligation). In this case, however, IBR's liability is limited to typical damages that were foreseeable at the time the contract was concluded.
d) The limitation in §8b) does not apply to breaches of duty by IBR or its vicarious agents that result in injury to life, limb, or health.
e) The limitation in §8b) does not apply to mandatory liability provisions such as those in the Product Liability Act.
f) IBR shall be liable without limitation for grossly negligent and intentional breaches of duty.
g) The statutory limitation periods apply.
h) The above limitations of liability also apply in favor of IBR's organs, employees, and vicarious agents with regard to any personal liability.
§9 – Copyrights
a) If IBR manufactures on behalf of the customer according to drawings, models, samples, or other technical documents provided by the customer, the customer guarantees that no third-party property rights are infringed. If third parties prohibit IBR from manufacturing and delivering such items on the basis of existing property rights, IBR shall be entitled – without being obliged to examine the legal situation – to cease all further activities to the extent concerned and to claim damages from the customer. By handing over such drawings, documents, etc., the customer shall indemnify IBR against all third-party claims in this connection upon first request.
§10 – Data protection, confidentiality
a) The IBR privacy policy is an integral part of the contract.
a) The customer's address data may also be transferred to affiliated companies of IBR or to agents commissioned to fulfill the contract for the purpose of contract fulfillment and credit assessment.
b) IBR and the customer undertake to treat all commercial and technical details received or disclosed by the other contracting party during the execution of the contract as trade secrets, as long as the other contracting party has not made them publicly available.
c) IBR regularly checks the creditworthiness of the customer when concluding contracts and in certain cases where there is a legitimate interest. To this end, IBR cooperates with Creditreform (Creditreform Mannheim Dangmann KG, Augustaanlage 18, 68165 Mannheim), from which IBR obtains the necessary data. For this purpose, IBR transmits the customer's name and contact details to Creditreform. Further information on data processing at Creditreform can be found in the detailed Creditreform information sheet in accordance with Art. 14 EU GDPR or at www.creditreform-mannheim.de/EU-DSGVO.
IBR Leiterplatten GmbH & Co. KG
Raiffeisenstr. 26
DE 74906 Bad Rappenau