General terms and conditions of pironex GmbH

1. General information

Pironex GmbH concludes contracts for the development, sale and delivery of software and hardware products as well as other services exclusively on the basis of these General Terms and Conditions, unless special contractual conditions have been agreed. The purchaser is also the buyer, unless he/she expressly states a third party as the buyer. Purchase and delivery conditions in the buyer's order forms are not binding for us, even if we do not expressly contradict them.

The following General Terms and Conditions of pironex GmbH for use in business transactions with entrepreneurs are in addition to the other statutory provisions, the General Terms and Conditions of Delivery for Products and Services of the Electrical Industry ("Green Terms and Conditions of Delivery" - GT) for use in business transactions with entrepreneurs and the supplementary clause: Extended reservation of title of the German Electrical and Electronic Manufacturers' Association (ZVEI) in the currently valid version, part of any contract concluded between Pironex GmbH and the ordering party.

2. Deliveries (products and services) 

2.1. Prices

All prices are prices without VAT, packaging and shipping costs, i.e. when invoicing we charge the currently valid statutory VAT and the packaging and shipping costs at the stated price.

2.2. Orders

We consider assignments as well as orders, which are received online by us as effective, as those, which are delivered by letter, fax or verbally.

2.3. Delivieries/ Reservation of title

Delivered goods (electronics, software, development results) remain our property until full payment has been made. A delivery period specified by the purchaser is only binding for us if it has been confirmed by us in writing. In the event of circumstances beyond our control, any claims arising from the consequences of delayed deliveries shall be excluded.

2.4. Shipping costs

The shipping costs depend on the shipping method and the weight of the goods. Partial deliveries by pironex GmbH are permitted.

2.5. Product improvements / extensions

Our products are constantly improved, revised, supplemented and updated. This can lead to changes in content, scope, a greater customer value and modified price. A claim to a free provision of improved, updated products (e.g. update regarding previously purchased versions / variants) is excluded.

3. Differentiation in the scope of development services

  1. At pironex GmbH - before placing the order - existing work results from previous projects will be provided to the client in a customized form for non-exclusive use.
  2. The current version of the Altium design tool will be used for development purposes. The client is responsible for transferring the data to another CAD system.
  3. The following services are provided by pironex GmbH on request:
    1. Delivery of the electronic assembly as a complete 3D step model
    2. Release tests within the framework of the superior overall system
    3. Procurement of software licenses for development tools and operating systems (e.g. compilers and CAD systems) from third-party providers
    4. Approvals and certifications from external testing institutes
    5. Test and inspection equipment for series production of engineering works for the preparation of mass production
    6. Tests of abuse scenarios
  4. Assemblies from the 1st sample run are intended exclusively for internal use under laboratory conditions.
  5. Assemblies from the 2nd sample run are used to check the development results.

4. Claims and Payments

Payments have to be made without deduction in such a way that pironex GmbH can dispose of the amount at the latest 14 days after the invoice date and can only be made with discharging effect to a bank account specified by pironex GmbH.
If the customer is in default with payment, all claims which pironex is entitled to against the customer become due immediately. In case of default of payment, the customer has to pay default interest in the amount of 9% points above the basic interest rate. The assertion of further damages is not excluded. pironex GmbH reserves the right to charge a processing fee of EUR 15.00 for reminders. The customer is only entitled to a right of set-off if his counterclaims are legally established or recognized by pironex GmbH.

5. Remedy of defects

If the electronics and software delivered or developed by pironex GmbH do not correspond to the contractually presupposed use and deviations are reprimanded in writing, pironex GmbH is obliged to remedy the defects free of charge within a reasonable period of time within the statutory limitation period of 12 months. However, the product deviation in the sense of market innovations as well as errors in the context of customer-specific developments are not regarded as errors.
The customer is only entitled to software and hardware maintenance if a further maintenance or service contract is concluded. The obligation to rectify shall expire for the electronics and software which the customer modifies or in whose functionality he otherwise interferes.

6. Liability

As a supplier of goods or services, we shall be liable to the maximum extent of the value of the goods or fees already paid. Any kind of compensation going beyond this as well as the claim for possible third-party damages is excluded.
The liability of pironex GmbH for consequential damages is limited to those warranties which are expressly intended to protect against the occurrence of such consequential damages. The pironex GmbH is not liable for slight negligence, unless essential contractual obligations (cardinal obligations) are violated. Liability for loss of profit is excluded.

7. Place of Jurisdiction

Place of jurisdiction is exclusively Rostock, Germany.

8. Final provisions

The law of the Federal Republic of Germany shall apply to our business relationships and all legal relationships between us and the customer. Should a provision of these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. Place of performance is Rostock, Germany.
The General Terms and Conditions of the respective supplier shall apply to orders which are brokered by us but which are directly confirmed, delivered, executed and invoiced by the supplier.

 

Rostock, 2nd January 2018
signed Tino Hülsenbeck (Director)