Terms ans Conditions of the Engineering Office
IBWeinmann
 Microcontrollersystems and Elektronics

1. Fundamentals

The following conditions apply apart from or instead of the legal regulations for course of business between the company IBWeinmann, Elsternweg 13, 85375 Neufahrn and their customer.

At latest at receive of the order at the company IBWeinmann the following conditions are considered as obligatorily agreed upon between the parties. Deviations from these trading conditions requires the written confirmation. Deviating terms and contitions of the customer do not become implicit basis of contracts, also not, if the company IBWeinmann  does not contradict explicit to these.

These terms and conditions apply also to orders of customer, who reside abroad. It applies German right.

Area of jurisdiction for all complaints of the company IBWeinmann and also for all complaints against the company IBWeinmann is Munich/Albstadt.
 

2. Conclusion of contract

The company IBWeinmann is bound to their offers in written form six weeks starting from receiving the order by the customer. The commitment to the contract covers the scope of works and the height of the payment.

An obligatory contract accomplishes if the customer sent the written form offer back countersigned. It applies the date of the receive at company IBWeinmann.
A confirmation of order is dispensable, it applies the countersigned offer.

Changes to the offer requires the written form and the written confirmation of the company IBWeinmann.
 

3. Delivery terms

Place of fulfilment
The company IBWeinmann fulfilled its contractual obligation with delivery of the carefully packed ware to the German Bundespost /a free transport company at the seat of the company IBWeinmann. The danger of the coincidental loss or the degradation is carried to the customer with delivery of the ware to the transport company.
Deviations from this regulation require in each case the singlecontractual, written agreement .

For all co-operation actions and achievements of the customer place of fulfilment is the seat of the company IBWeinmann.

The customer takes pays the costs of postage and package.

Retention of title
All supplied wares and passed on informations remain up to the complete receipt of payment of all demands of the company IBWeinmann material and mental property of the company IBWeinmann.
Hypotecations or chattel mortgages are not permissible.

For the case of the resale the customer surrenders its requirements against the purchaser of the ware to the company IBWeinmann.

With installation in strange product the company IBWeinmann becomes joint owner of the goods developed in such a way.

The customer keeps the goods developed again also for the company IBWeinmann and permits at any time for the case of the delay of payment that the company IBWeinmann actually takes the goods, used and proceeds for the payment request.

The orderer is committed to notify against third the retention of title of the company IBWeinmann.
 

4. Conditions of payment

Each bill is immediately for payment due on, except it is granted an explicit date of payment.

The ordered ware is conveyed against cash on delivery (inclusive postage and packing costs) at expense of the orderer. The bill is send with the ware.

If desired the ware is shipped against prepayment.

If goods should be supplied against bill and the orderer falls into delay of payment, each warning  causes one representational allowance of EUR 20.00. The interest rate amounts 8% over the basis interest rate from starting of delayed payment.

A set-off from demands of the orderer against pecuniary claims of the company IBWeinmann is impossible, except the counterclaims was validly determined by a German court.
 

5. Guarantee/complaint

Delayed delivery
If the company IBWeinmann causes a delayed delivery in relation to the agreed date of delivery, it will inform the orderer as early as possible of
it.
The orderer grants on request an appropriate respite for a subsequent delivery. Requirements for compensation are impossible while the additional respite. 

This regulation does not apply, if the supply were agreed upon singlecontractually expressly as fixed date.

Investigation- and reproval obligation
The orderer is obligated to examine sent or handed over goods immediately carefully and to indicate any objections in writing form within eight working-days after appropriation to the company IBWeinmann. 

As far as the orderer entitled objections indicated in writing form and the ware unchanged left, the company IBWeinmann commits itself to the rework within an appropriate period.

Liability
The orderer grants the right to the company IBWeinmann after their choice for the free rework, free replacement or refunding of the contract price.

A further liability for claim for damages from all possible arguments, also opposite third, the Contracting Parties excludes, except, the damage of the orderer been based on resolution or rough negligence of the company IBWeinmann.

Wearing parts and expendables material are excluded from the
guarantee.
Furthermore this applies to goods, whose warranty seal or safeguardimprints  are removed or which was inappropriately used, as well as loss of data at the orderer on left data carrier.

A warranty claim exists at expiration of the date of payment only for completely paid goods.

Force majeure
Events of force majeure, as for instance strikes in contractual related firms, legal or official arrangements, war, tempest, etc., also an insolvency request of the orderer entitle the company IBWeinmann, not however the orderer to withdraw from the contract. Compensation is not owed in these cases.
 

6. Return right at consumer contracts

We exclusively grant for legal transactions, which a natural person closes, in the sense of right a consumer, the legal return right in the distance selling. Such customers are bound for no more to their order, if they send the goods back with a total commodity value of EUR 40.00 within a period from two weeks to receipt at our expense and danger. If a ware is not package capable of being shipped, an appropriate written cancelling demand without indication of reasons is enough within above period. For period keeping the timely sending off  to the company IBWeinmann, Elsternweg 13, 85375 Neufahrn, Germany, is sufficient.

The return right is impossible for damaged, dirty or changed goods. Furthermore for such, which were singlecontractually manufactured for the customer.
 

7. Special conditions for prototypes/samples

Progress payments
With more extensive development orders the company IBWeinmann has  the right to require prepayment or progress payments according to development and delivery progress. Delivery delays due to late receipts of payment, go debited to the orderer. As far as the progress payments are not carried out within the prescribed period, the company IBWeinmann is entitled to the cancellation of the contract. IBWeinmann carries no compensation out, however can require compensation for their part.

Product requirement specification
For the development of software by the company IBWeinmann, a product requirement specification is the contractual base. This product requirement specification is prepared by the customer and is signed by both contracting parties.

Sample
The company IBWeinmann is liable only by a written confirmation for the loss or the damage of documents or samples of the customer.

The company IBWeinmann does not examine left documents or samples, if they are free from rights third. The orderer exempts the company IBWeinmann in this context from any liability against third.

Prototypes
Prototypes, breadboard constructions and similar modules serve in principle the development, demonstration, and similar procedures. They can deviate in their specification from the planned development targets and/or series components. This applies in particular also to the observance of safety and permission regulations of any kind. These products are not suitable therefore for the series employment or the transfer to third. Due, also a guarantee for prototypes, experimental models, test superstructures and similar building groups is impossible.

Certification
All examinations,  permissions and certifying of public and private kind must be made of the orderer at own expense. Any form of the technical examination and certifying is not owed by the company IBWeinmann, except, this is singlecontractually agreed.

Copyrights
At designs, cost estimates, data carrier and other documents, we reserve ourselves property and copyright rights of exploitation without reservation. The documents may be made accessible to third only after our previous written agreement  and must be given back on demand immedialtely, if the order is not placed to us.

A not transferable and not exclusive right to the use of the software and the associated documentations is granted to the orderer for internal use. Without written agreement of the company IBWeinmann the supplied software as well as the documentations may not to be made accessible to third . Copies may be used in principle only for archives purposes as replacement or for the error tracing. If the programs carry a reference to the copyright protection, the copies must be also provided by the orderer with this note.

The company IBWeinmann does not accept a warranty for the fact that the supplied goods are free of protection and patent laws third.
 

8. Special conditions for at the Internet side described product Brushless development kit (BDK),

Conclusion of a contract:
The description at the website understands itself as an offer. The contract comes off, if the customer delivers an order and this order is confirmed by the company IBWeinmann. Communication can take place also exclusively on electronic way.

Conditions of payment:
The ware is shipped after receipt of payment on the account.

Reservation:
The offer takes place under the reservation of the unavailability of the ware.

Pricing:
The indicated prices are end prices inclusive value added tax.

The return right is impossible for supplies, if the appropriate seal of the BDK-CD was damaged, or for plates, which have using hints from the customer.
 

9. Severability clause

If one of the general trading conditions of the company IBWeinmann should be ineffective, then the remaining regulations remain existing obligatorily.
The ineffective clause has to be replaced by a corresponding, legally effective clause of a contract with its sense  .

Engineering Office for Microcontroller and Electronics

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