General Terms and Conditions of Business of ODB Projektionstechnik GmbH (as of Jan. 2025)
I. Subject matter of the GTC
These terms and conditions regulate the sale of items of ODB Projektionstechnik GmbH (seller), in particular projectors for the presentation of electronic pictures (video, data) in enlarged form, including accessories (object of purchase).
2. other activities of the seller in connection with the sale (transport of the object of purchase; assembly of the object of purchase at the place of destination; advice) do not affect the basis of the sale and are subject to the respective statutory provisions, unless these terms and conditions regulate these activities. If the Seller carries out the other activities himself or through third parties, the Seller shall only assume liability in the event of intent or gross negligence.
II. General information
1. sale and the other activities according to I. 2 are carried out exclusively according to these terms and conditions. Changes and collateral agreements require the express written confirmation of the seller. This shall also apply if the written form was tacitly waived in the past.
Any deviating, conflicting or supplementary General Terms and Conditions of the Buyer shall only become part of the contract if and to the extent that the Seller has expressly agreed to their validity in writing. This requirement of consent applies in any case, for example even if the seller carries out the sale with knowledge of the general terms and conditions of the buyer.
III. Conclusion of contract and prices
1 Offers of the seller are subject to change and non-binding. This shall also apply if the Seller has provided the Buyer with (online) catalogues, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which the Seller otherwise reserves ownership rights and copyrights.
2 An order shall be deemed accepted if the Seller confirms the order in writing or if the Seller hands over the object of purchase.
3. the prices agreed upon at the time of conclusion of the contract shall apply, plus the statutory value added tax.
Fees and other costs resulting from the fulfilment of official requirements for the use of the object of purchase shall not be borne by the Seller.
The Seller shall not be responsible for obtaining any official permits for the installation and operation of the object of purchase at the place of destination.
IV. fulfillment
1 The seller fulfils the purchase contract by making the object of purchase available for collection in his business premises. If it has been agreed that the object of purchase shall be dispatched to another place, e.g. the place of destination, the place of performance shall remain the place of business. Upon delivery of the object of purchase, the risk of loss of the object of purchase shall pass to the buyer upon delivery to the forwarding agent, the carrier or any other person designated to carry out the shipment.
V. terms of payment
Unless otherwise agreed, the agreed payment of the purchase price is due and payable without deduction within 5 working days of receipt of the invoice. Unless otherwise agreed, the object of purchase shall only be surrendered to the buyer upon prior receipt of the agreed purchase price by the seller.
2 The seller is entitled to demand advance payment and deposit of a security. Payment shall be made irrespective of the right to give notice of defects.
3. the buyer is only entitled to the set-off with demands of the salesman if the demand of the buyer is undisputed or validly determined. This also applies to rights of retention.
If the buyer fails to pay on time, the seller shall be entitled to demand default interest of nine percentage points above the base interest rate p.a. and a lump sum of 40.00€.
If the Buyer does not pay in accordance with Clause V 1 or as agreed, the Seller shall be entitled to withdraw from the contract upon request for payment and expiry of a period of 10 working days set by the Seller.
VI. retention of title
1. to secure the purchase price claim, the seller reserves the ownership of the object of purchase until the purchase price has been paid in full.
The purchaser is obliged to treat the object of purchase - as long as it is not yet the property of the purchaser - with care and to insure it at his own expense against fire, water and theft to the amount of the reinstatement value. If the object of sale is seized, the buyer is obliged to point out the ownership of the seller and to inform the seller immediately in writing of the seizure.
VII. Rights of the buyer in case of defects
If the buyer is a merchant, he is obliged to examine the object of purchase upon receipt for completeness and freedom from defects and to notify the seller immediately of any obvious defects or incompleteness. If the buyer omits the announcement, the condition of the rented object is considered as accepted and free of defects. If the defect only becomes apparent at a later date, the buyer must notify us immediately after discovery of the defect. Otherwise the condition of the rental object shall be deemed to be free of defects.
2 The Seller shall remedy any initial defects free of charge. A reasonable period of time should be allowed for this purpose. The defect can be remedied at the seller's discretion by replacing components or the subject of purchase of the same quality. If the rectification of the defect is only possible with disproportionately high expenditure due to the special circumstances of the individual case, the Seller shall be entitled to charge the Buyer for the costs of transport and labour. This applies in particular if the rental object is to be used abroad.
3. supplementary performance is excluded if the buyer has used the rental object contrary to the recommendations of the seller or the care/use instructions, the buyer has modified the rental object and the defect is based on this modification.
VIII. limitation
The buyer's warranty claims expire after 12 months.
IX. Liability of the seller
In all cases of contractual and non-contractual liability, the Seller shall pay damages and compensation for futile expenses exclusively in accordance with the following limits:
-In case of intent in full height;
-In the event of gross negligence, only in the amount of the foreseeable damage which was to be prevented by the breached obligation;
-In other cases only from the violation of an essential contractual obligation, if the purpose of the contract is thereby endangered, but only in the amount of the foreseeable damage. Liability is limited to € 25,000 per claim, but not more than € 50,000 in total from the respective contract;
-Beyond that, as far as the contractor is insured against the occurred damages, only for the case of a damage to goods and property of the buyer, within the scope of the insurance coverage and conditional on the payment of the insurance company suspensory
2 The limitations of liability do not apply to liability for personal injury and liability under the Product Liability Act.
Liability for loss of profit due to defective performance on the part of the seller is excluded unless the breach of duty is due to intent on the part of the seller. This limitation of liability does not apply to personal injury.
5. the seller is liable within the scope of the above conditions for data loss only for such damages, which would have occurred also with proper, regular, the meaning of the data adequate data backup by the customer.
X. Work done by the seller
If it has been agreed that the Seller shall carry out work, e.g. assembly and dismantling of the object of purchase, the provisions of this paragraph shall apply.
2 The amount of liability is limited to the amount of the company liability insurance. Section I 2 remains unaffected.
The buyer is obliged to do everything necessary on his part so that the seller can start the work on time and carry it out trouble-free and to provide the necessary information on the location of the object of purchase on request. The seller must also be informed of the accident prevention regulations applicable on site.
If work has to be interrupted by circumstances for which the buyer is responsible, the consequences shall not be borne by the seller.
5. the seller is not liable for faulty work by personnel provided by the buyer, unless the seller has instructed the personnel incorrectly or insufficiently.
XI. Operation of the devices by the seller
If it has been agreed that the Seller shall monitor the function of the object of purchase at the place of destination within the framework of an event, the provisions of this Clause shall apply.
2 The seller is entitled to put the object of purchase out of operation or to dismantle it if he recognises a danger to life or limb of people and/or to the object of purchase.
If the seller is not at fault for the hazardous situation, no claims for damages against him shall be derived from the seller's actions.
4. official and private-law permits for operation at the event must be obtained by the buyer at his own expense before commissioning. The buyer releases the seller from any liability in this respect.
XII. Choice of law and place of jurisdiction
1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction shall be the competent court at the Seller's registered office, unless mandatory legal jurisdictions are prescribed by law.
If individual provisions of these terms and conditions are or become ineffective, this shall not affect the effectiveness of the terms and conditions as a whole. If individual provisions are or become invalid for reasons other than those specified in §§ 305 - 310 BGB, the parties shall replace the invalid provision with a valid provision that comes closest to the economic intent of the contracting parties. The same shall apply if individual provisions are or become invalid for reasons of §§ 305 - 310 BGB (German Civil Code), but there is no provision in the law on this point.