1. General information

The basis of all supplies and achievements are these trading conditions. These conditions are considered as accepted at the latest with the receipt of the product or achievement. Opposing business and/or purchasing conditions of the buyer are only recognized if they are written agreed. Special agreements as well as additions of the contract are legally ineffective, as far as they are not written confirmed by the company Isy Isy-Power. We are entitled to retire the requirements from our business relation.

2. Offer and conclusion of a contract

Our offers are not-binding and noncommittal. A contract comes off only when the company Isy Isy-Power confirms an order of the buyer in writing or by teleprint. Same applies to additions, changes or special agreements. The Isy-Power reserves itself to confirm a conclusion of a contract by invoice. Mass, designs and illustrations etc. are noncommittal. Cost estimates can be fallen below or over around 15%. Improvements or changes of the achievement are permissible, as far as they are reasonable to the buyer with consideration of the interests of the company Isy Isy-Power. At service and development orders a written date and price promise apply as noncommittal arranging date/standard price and not as obligatory promise, because unforeseeable date and price adjustments can occur.

3. Prices

All prices understand themselves plus packing, transport and freight insurance, plus in each case on the distribution day the valid value added tax, from stock or with direct dispatch starting from German border or FOB German port of entry. The dispatch by cash in advance or cash on delivery for all supplies remains expressly reserved. The prices contained in the offers are noncommittal. The prices specified in the confirmation of order of the company Isy Isy-Power are determining. Additional achievements, which are not contained in the confirmation of order, are separately charged. Unforeseeable changes of customs dutys, import- and exportfees, of the exchange management etc., entitles the company Isy-Power to an appropriate price adjustment. With call orders the upon agreed price serves at conclusion of a contract as basis. Price changes at run time entitles the company Isy-Power to the price adjustment.

4. Supply and achievement time

All delivery agreements require writing. Times for delivery begin with the date of the confirmation of order by the company Isy-Power. All delivery obligations stand under the reservation of own punctual supply. Appropriate arrangements are to be proven by the company Isy-Power. Partial deliveries and partial achievements are permissible. With supply contracts, each partial delivery and partial achievement applyies as a independent achievement. Failure to deliver does not step in the case of higher force as well as due to events, which make more difficult or make the achievement impossible to the salesman substantially. For this counts operational disturbances, higher force and strike etc., directly whether these happens in the own concern, to the supplier or to the subcontractor. In these cases the buyer cannot require contract damage and/or payment of damages because of default . The company Isy-Power is entitled in case of its not represented supply and achievement delays to postpone the supply or achievement around the duration of the handicap plus one period of two months or to withdraw because of the yet not fulfilled part totally or partly from the contract. If the supply and achievement delay lasts longer than two months, the buyer is entitled, regarding the still not fulfilled part, to withdraw from the contract . If the supply and achievement time extends by reasons, which are not represented by the company Isy-Power, the buyer can not deduce from this claims for damages. To the mentioned circumstances the company Isy-Power can appoint itself only if they inform the customer immediately in writing. With the delay of a supply by the company Isy-Power, the buyers have under exclusion of requirements for compensation only the right to cancel the contract.

5. Dispatching and passage of the risk

All dangers turn into on the buyer, as soon as the commodity was handed over to the transport implementing person or as soon as the commodity left the warehouse of the company Isy-Power for dispatching. However the company Isy-Power insures the commodity, if the buyer exists on the insurance of the commodity in writing – the buyer is liable to pay the costs for the insurance. With transmissions to the company Isy-Power the sender carries each risk, in particular the transport risk until the arrival of the commodity at the company Isy-Power, as well as the entire transport until the arrival of the commodity at the company Isy-Power, as well as the entire transport costs.

6. Terms of payment

Depending on an agreement are invoices payable by cash in advance, cash, Eurocheque cash on delivery, crossed cheque cash on delivery or by payment at self-fetch, as well as nothing different is agreed. All payments are taken into account in principle on the oldest debt, independently of other current regulations of the buyer. If costs of the operation and interest are already arose, the payment is taken at first on the expense, then on the interest and at last on the principal claim. The buyer is only entitled for the set-off, retention or reduction if the counterclaims were validly determined or are indisputable. Partial deliveries and partial achievements can be charged separately. All payments are to be made with debt-liberating effect exclusively to the Commerzbank Augsburg. If the buyer does not follow his liabilities, stops his payments or a bank does not redeem a cheque, the company Isy-Power is entitled to the immediate resignation from the supply contract, without special announcement. In these cases will all demands from the company Isy-Power turn immediately due in one complete amount without any special requirements. Same applies, if Isy-Power finds out other circumstances about the credit-worthiness of the customer. Does the company Isy-Power insist furthermore to the contract, they are entitled to require pre-payments, bank guarantee or securities. Der Firma Isy-Power steht das Recht zu, den im Verzug geschlossen worden sind. From the point of delay time the company Isy-Power is entitled to compute interest at the height of the interest rate computed by the business banks for account credits. The buyer carries the entire recovery -, any court and enforcement costs. The company Isy-Power is entitled to retire their demands.

7. Applicable right

To these trading conditions as well as the entire right relations between the company Isy-Power and the buyer applies the right of the Federal Republic of Germany as compellingly agreed. Other national rights, likewise the uniform international purchase right (EKA, EKAG, in each case of 17.07.1973), are excluded. As far as the buyer is a fully qualified trader in the sense of the HGB, a legal entity of the public right or public special estates, will the court jurisdiction for all direct and indirect disputes consisting from the business relation after our choice be Augsburg. If a regulation in these trading conditions or an other regulation in the context of other agreements should be ineffective , will the effectiveness of all other regulations or agreements not be affected.

8. Other claims for damages

For claims for damages from positive violation of contract, forbidden action, organization fault, fault with conclusion of contract, the company Isy-Power only is responible, if resolution or rough negligence falls to the load of them executing aide.

9. Vehicle tuning

If a tuning at a vehicle should have been done, we refer expressly that the owner of the vehicle has to register immediately the change into the vehicle registration by the MOT (TÜV) or a similarly enabled intuition. Otherwise will the general operating permit become void.

10. Retention of title

The company Isy-Power keeps itself the property at the supplied goods and achievements up to the complete payment from all business relation opposite the buyer or still developing demands equal which kind and which argument. With current calculation the reserved property applies as safety device of the demand for balance. Processing of the by the company Isy-Power supplied and still being in their property commidity takes place on behalf of the company Isy-Power, without arising from it commitments for the company Isy-Power. With the installation in stranger goods by the buyer the company Isy-Power becomes a joint owner at the newdeveloping products, in the relationship of the value, by the supplied goods to the also used strange goods. If the suppliled goods of the company Isy-Power were mixed or connected, the buyer surrenders ist property or joint ownership to the mixed existence or the new article and keeps this free of charge with the necessary care for the company Isy-Power. The buyer is entitled to process and sell the reservation commodity in the normal course of business, as long as he is not in delay. Pawns and safety transfers e are inadmissible.

The demands developing from resale or an other argument (insurance/forbidden action) concerning the reservation commodity (inclusive all demands for balance from current account) the salesman surrenders to Isy-Power already now safeguardfor the sake of in its entirety to the company. The company Isy-Power authorizes the buyer revocably, to draw the surrendered demands for their calculation in own name. The direct debit authorization can be only recalled, if the buyer did not follow his liabilities duly. With accesses third on the reservation commodity will the buyer refer to the property of the company Isy-Power and these will be immediately informed. The buyer has to repel accesses from third. With delay of payment - in particular after nonredemption of cheques - the company Isy-Power is entitled, without having an appropriate judicial title or authorizations, after asserting of the retention of title,to take the reservation commodity under entering the business premises by someone assigned, which have to legitimize themselves accordingly. The buyer bears in full height the costs of the transport. The buyer commits itself, if a cheque is not redeemed, to send at the request of the company Isy-Power the contained commodity back to the remaining extent at own expense and danger. In the withdrawal as well as the distraint of the reservation commodity by the company Isy-Power - as far as the payment by instalments law application does not find - no cancellation of the contract will take place. If the value of retained security exceeds 25 %, then the company Isy-Power upon the requests of the buyer will release collateral to that extent after its choice. The buyer carries the burden of proof for the fact that the retained collateral exceeds 25 %.

11. Guarantee

The guarantee period for all by us supplied products is 6 months. In case of lack of the delivery article, to which also the absence of assured characteristics belongs, we are after our choice entitled to improve the incorrect delivery article or supply it new again. The buyer is entitled to require reduction of the reimbursement (decrease) or cancellation of the contract if the rework or replacement failed.

A rework failed, if it was several times tried and a further rework is not more assumable to the buyer. The buyer must communicate any lack in writing to the company Isy-Power immediately or at the latest within one week. At expiration of the term the company Isy-Power is free from the warranty.

The Buyer is in case of a defect, obligated to send the defective equipment or part back to the company Isy Power in the original packaging. It must be connected with complete accessories at own expense and danger, with an exactly error description, indication model and seriennummer as well as a copy of the delivery note. As long as the buyer does not follow these obligations, he cannot require rework, transformation or a reduction. If the company Isy-Power agrees a transformation or if they send an exchange equipment to the buyer, then it is justified to place to the buyer the accessories which are missing on transmittal of the defective equipment to the selling price in calculation or to bring of the given credit note in departure. Replaced parts were changed into the property of the company Isy-Power. Were operating or maintenance recommendations of the company Isy-Power not obeyed, changes at the goods made, parts replaced or expendables materials used which do not correspond to the original specifications, then any guarantee will void. Should the buyer send an equipment outside of the warranty back although it is faultless, then it applies a representational compensation in favor of the company Isy-Power of € 60, - or against proof an appropriate higher amount (e.g. with examination by the manufacturer the cost amount, that they charge to Isy-Power).

Reason for this is the administration expense developing to the company Isy-Power. The transfer of warranty claims to third is impossible. If the buyer sells the articles supplied by the company Isy-Power to third, it is forbidden to him to refer to the company Isy-Power because of the associated legal and/or contractual warranty claims. The buyers examination and obligation concerned of the §377 and §378 HGB remain unaffected. The guarantee is exclusively limited to the repair or the exchange of the damaged delivery articles. Should the present data at the repairing device be lost in the context of an effort through the company Isy-Power, then this risk from the client is to be carried too. The adhesion is limited altogether to deliberate and roughly negligent actions. If the buyer is a merchandiser, notices of defect do not affect the maturity of the requirement for purchase price, except their authorizations are recognized and validly determined by the company Isy-Power in writing.

12. Additional reference

The Federal High Court decided: Who manipulate his speedometer makes itself not guilty of a falsification of a technical recording. This was decided by the Federal High Court in a basic judgement (Az. 4 STR 654/79). Because: "The distance announcement (mileage) in a motor vehicle is not a technical recording in the sense of paragraph 268 penal code". But: Who changes the speedo status in order to obtain with the sale a better price, cheats the buyer. And therefor exists prison up to five years or monetary penalty. Completely apart from this, the cheated buyer may place the car to the salesman again in front of the door and reclaim the purchase price. Quotation: Attorney: Rolf-Peter Rocke.

13. Software

As far as programs belong to the scope of the supply, the buyer has a simple and unrestricted right to use it. It means, he neither may copy these nor leave them to others for use. A repeated right to use requires a special written agreement. With offence against these rights to use the buyer is in full height responsible for the damage developing from it. It is from the beginning determined that it is not possible, to develop programs in such a way, that they are for all application conditions error free. The customer is responsible for the hardwareconditions defined by us. We grant the development of program improvements. Duplications of each kind are forbidden. The customer recognizes that the soft and hardware are a subject of international copyright. For damage caused through errors in the software is no adhesion taken over.

14. Partial payment

The property turns into to the buyer only with the complete payment of the last rate. Modalities are to be fixed in writing in a contract. In each case is a pre-payment from the buyer to achieved. The running time can be arranged variable. The interest rate depends on at that time conclused sale contract to the current market interest rates. Interest promises of the company Isy-Power are noncommittal.

15. Data security

The company Isy-Power is entitled to process the received data about the buyer concerning the business relation or in connection, equal whether these comes from the buyer or from third, in the sense of the Federal Law for Data Protection. This reference replaces the report in accordance with the Federal Law for Data Protection that personal data about customers are stored and processed by means of EDP.