Terms and conditions of FinestFog

I. Offer and trade

1. Our supplies and achievements exclusively take place due to these trading conditions. They apply also to all future supplies of air-conditioning technology equipment from our entire delivery program and associated achievements, even if it again to be not expressly agreed upon. Business or purchasing conditions of the client is effective only if we recognize it in writing for the respective conclusion of a contract. At the latest with the receipt to our commodity or achievement are considered our trading conditions as accepted.
2. Our offers are noncommittal. All agreements - in particular so far they these conditions amend - become only legally effective with our written confirmation.
3. Those our goods illustrations concerned, designs, folders, leaflets, listings etc. and the data, e.g. over achievements, operating cost, technical characteristics and weight, contained in it, are only approximately relevant, if they are not expressly obligatorily called. Changes of the construction, form, execution and color we reserve ourselves.
4. Our property and copyrights of us provided cost estimates, designs and drafts as well as our computational bases on reserve ourselves we. These documents may be multiplied without our agreement neither, nor be made accessible third persons.

II. Supply and achievement time

1. The dates and periods specified by us are not considered as firmly agreed upon. For the observance of periods and dates we are responsible only with express written assumption of a guarantee.
2. Higher force or events, us the supply or achievement substantially makes more difficult or makes impossible - to it belong also later occurred material difficulties, strike, lockout, shortage of personnel as well as official arrangements - entitles us, even if they occur with our suppliers, to postpone the supply around the duration of the handicap plus an appropriate starting time to withdraw or because of the part not fulfilled yet from the contract, without being obligated to compensation. The client can require the explanation of us whether we withdraw or supply within an appropriate period. If we do not explain ourselves, the client can withdraw. Except in the cases, in which we transferred the guarantee for the adherence to of one period or a date (see 1) and no case of the higher force or one the higher force of event on an equal footing in accordance with 2 is present, the client must in writing set us during excess of the supply and achievement time an appropriate respite. Even if we fulfill within the respite not and arise for the client by excess of the respite a damage, then it is entitled under exclusion of further requirements, for each full week at expiration of the term remunerations of 1% to require in of whole however at the most of 5% of the value that part of our gesamtlieferung which due to the delay in time could not be used. The client can at fruitless operational sequence of the respite instead of its also of stands withdraws without requirements from compensation to make valid to be able, if he had announced this on setting the respite.

III. Dispatch

With the delivery at the carrier or carriers, at the latest with the leaving of our camp or supplier the danger, also in the case of supplies freely, goes to place of destination on which clients over, even if the delivery article is supplied in individual parts, or we apart from the supply also still different achievements (e.g. assembly) to have taken over. If we carry exeptionally the danger during transport, then we cling only to that extent as us opposite the carriers or the person entrusted with transport otherwise clings.

IV. List and assembly conditions

1. The client has to create all conditions, which are necessary at the distribution and/or assembly place in time that we can furnish our achievements without delay under appropriate conditions of work.
2. Retard if the supply or the execution of the assembly or the start-up of the plant, because the client does not fulfill his obligations not or in time, then us thereby arising costs are to be recompensed. To it belong in particular the waiting period of the assembly personnel or acceptance engineer, additional travel costses and releases.
3. The plants installed supplied by us and/or are to be removed with rehearse-wise start-up. Is omitted against to acceptance our requests, then our achievements are considered as duly implemented.
4. During the remarks of the work for the keeping of building materials and tools etc. a lockable area of the client is to be put to us free of charge at the disposal.

V. Acceptance and danger

1. When assembling we carry the danger as far as the reduction of the plant. However if the plant before the acceptance is damaged by higher force or other inevitable circumstances which can be represented from us not or destroys, then to have we requirement on payment of the work implemented so far as well as the other developed costs.
2. Equipment of the clients with the acceptance in delay, then changes the danger into the point of dead time on it. The same applies, if the assembly for reasons, which the client has to represent, is interrupted us if we the achievements furnished up to then by agreement into the Obhut of the client to have handed over.
3. The plant is to be removed after completion of the achievement, even if final adjustment did not take place yet. The same applies after successful rehearse-wise initial start-up.
4. For damage to the plant, which its causes in missing or insufficient preventive measures have by the client, taken upon the requests of the client before acceptance in enterprise, we are not responsible.

VI. Terms of payment

1. Our calculations are immediately payable after calculation receipt, if nothing different one is agreed upon. All payments of the client are charged on the oldest demand.
2. If the client comes into delay of payment, then interests at height of the interest rate for open bank overdrafts, computed by the business banks, are to pay however at least at a value of 4% over the respective rate of discount of the German Federal Bank from him. A large damage can be made valid.
3. With delay of the client we are entitled at fruitless operational sequence of a respite with refusal threat, set by us to withdraw from the contract to stop the work as well as to account for all achievements furnished so far after contract prices.
4. If the client does not follow his liabilities, in particular a cheque or a change does not redeem, or its payments stops, or if us other around conditions become, which admits question its credit-worthiness, then the entire balance of debt due, also so far changes with later maturity will run. To further supplies we are not obligated in these cases, unless the client offers payment course immediately around course with the supply. If the client does not offer a cash payment, then we are entitled to require in place of the fulfilment compensation because of default.
5. The client is for the set-off or retention, even if notices of defect or other counterclaims are made valid, entitled so far counterclaims from different legal transactions results. In all other respects the set-off of counterclaims is only to that extent permissible, when these of us as existing and due recognition or validly determined are. If the client is a buyer, no right of lien, also not that § 369 HGB, is entitled to it. The transfer of demands without our previous agreement is impossible.

VII. Lack/guarantee, adhesion, prescription

1. 1 a) We carry warranty out when express agreement.
   b) All other requirements for lack, also from the execution of repairs and assemblies or for other reasons, fall under the statute of limitations at the latest within six months after the supply or after completion of our achievement.
   c) Unsatisfactory parts are repaired after our choice by us or placed for the change without assumption of the installation costs to the order. For twice failing of the repair or the exchange, the client can require for its choice reduction of the remuneration or cancellation of the contract.
   d) If a assured characteristic is missing to the commodity, we carry out compensation for lack damages, however only, if the client should be secured against such lack damages by the warranty. Adhesion for large damages does not exist.
   e) Notices of defect are immediately after the delivery or after the completion of our achievement, at the latest however within 14 days after to raise in writing. Lack, which cannot be discovered also with careful examination within this period, are immediately written after the discovery within the period of limitation or warranty to ruegen. The unsatisfactory plants or accessories are in the condition, in which they are at the time of the discovery of the lack to hold ready to our inspection.
2. Provisional lines are shifted by us only if the client wishes this expressly. From the shifting of provisional lines no requirements can be deduced against us. Also the client releases us from all claims third, with exception of a demand from resolution or rough being to blame for.
3. Our adhesion exclusively depends on these trading conditions. All requirements not expressly which were entitled herein, also requirements for compensation - same from which argument - are impossible, it are, them are based on deliberate or roughly negligent violation of contract.
4. All requirements against us fall under the statute of limitations at the latest in one year, as far as due to these trading conditions shorter verjaehrungs and set periods of exclusion are not agreed upon.
5. Requirements - equal which kind - must be made in writing valid for us opposite. This applies in particular to notices of defect.

VIII. Retention of title

1. All supplied goods remain up to the fulfilment everything of our requirements, even if payments for particularly designated demands are made, our property (reservation commodity). With current calculation the reserved property applies to the safety device of our demand for balance.
2. If our commodity is mixed or connected with other articles and thereby if our property at the reservation commodity (§ § 947, 948 BGB) expires, then it is already now agreed upon that the property of the client at the mixed existence or the uniform thing to the extent of the invoice amount of our reservation commodity turns into on us and that the client free of charge keeps these goods for us.
3. The client may do the reservation commodity only in the usual course of business to his normal trading conditions and so long he in delay is, to sell or does not process. It is authorized to the far sale only if the demand from the far sale turns into together with all Nebenrechten in accordance with the following paragraphs on us. For other orders it is not entitled.
4. The demands of the client from the far sale of the reservation commodity together with all Nebenrechten are surrendered already now - directly whether she is sold at one or to several customers - in full height to us. If the reservation commodity is sold by the client as well as other us not belonging goods, the demands only at height of our invoice amount one retires. If the reservation commodity is used from the client to the fulfilment of a work or a contract for work and materials, then the demand from the work or contract for work and materials to the same extent is surrendered in advance to us, as it is intended in the managing sections for the demand from the far sale. The client is for collection us retired demand up to revocation (see Abs 5) or it us opposite in delay does not turn out so long, entitled. Only if one part surrendered to a demand to us, then payments of the garnishee apply to the client first on us for not retired part of the demand and only after repayment of this part of the demand as on us retired the part of the demand performed out.
5. If our residual claim becomes due in accordance with VI, or offends the client against it obligations otherwise being incumbent on, then we are entitled: A) the authorization for the sale or treatment of or for the installation of the reservation commodity and to the introduction us retired demands to recall to require b) the publication of the reservation commodity without against this requirement for publication a right of lien is entitled to the client and without we thereby of stand withdraw and C) the garnishees from the transfer to to inform.
6. The client commits itself to give those for the asserting of our rights of necessary information and to hand the necessary documents out.
7. From seizing or another impairment of our reservation commodity or us immediately retired requirements has us the client to inform. IX. Building-police permission it is alone thing of the client to provide for the distribution of necessary permission (e.g. building permits, permission of the gas or power station). X. Area of jurisdiction area of jurisdiction is, if both parties full buyers are, also with change and cheque things, Munich. We are also entitled to take the client at its general area of jurisdiction in requirement. XI. Teilnichtigkeit should a regulation in these trading conditions or a regulation in the context of other agreements will be ineffective or or should a gap turn out, then an appropriate regulation is to apply to that extent, which comes in the context of the legally possible one next, which the parties would have to have wanted economical or, them the point would have considered, would have wanted.

XII. Data privacy

In the context of our business relation resulting personal data with us, as well as with delivering places are stored.