General Terms and Conditions

of the company inPuncto GmbH

As of: 2023

The following regulations apply to all deliveries and services of the company inPuncto GmbH. This company will be abbreviated as “inPuncto” in the following text of the contract.

General Terms and Conditions (PDF)

1. General information

1.1 All our offers, deliveries and services are based on these General Terms and Conditions. They therefore also apply to all future business relations, even if they have not been expressly referred to again. These terms and conditions shall be deemed accepted at the latest upon receipt of the goods or services. Contradictory terms and conditions of the other party to the contract are explicitly objected to; these shall not apply even if we carry out the delivery without explicit objection in the specific case.

1.2 Deviations from these General Terms and Conditions are only effective if they have been agreed in writing.

2. Offer

2.1 The subject matter of the contract is determined by the content of the offer. Our offers are subject to change. A binding declaration of intent shall only be made with the written order confirmation.

2.2 Declarations on our part concerning ancillary agreements, supplements or amendments to the contract must also be made in writing in order to be binding on us.

2.3 Quoted prices are always net prices and are subject to the statutory value added tax at the applicable rate.

3. Multiple services

The purchase by the other contracting party of the products distributed by us on the one hand and services provided by us on the customer’s behalf on the other hand shall each constitute independent services. This also applies if we have offered products and services in only one offer or confirmed them in only one order confirmation.

 

4. Delivery, partial service

4.1 The deadlines and dates stated by us are only binding if they have been agreed in writing. The running of a deadline begins with the date stated in the order confirmation, otherwise with the date of the order confirmation.

4.2 If the subject of the contract is the provision of a consultancy service and inPuncto recognizes that the planned processing period is not sufficient, they shall submit written proposals for changes to the client, stating the reasons, as the basis for a mutually agreed extension of the processing period.

4.3 In the event of delays in performance or delivery due to force majeure, strike, official orders, failure to receive correct and timely deliveries from our suppliers or for other reasons for which we are not personally responsible, the agreed delivery period shall be extended accordingly.

4.4 In the event of impediments to performance as a result of force majeure and as a result of breach of contract by our upstream supplier with whom the hedging transaction was concluded, we shall be entitled, at our discretion – instead of extending the delivery period – to withdraw from the contract if it is unreasonable to expect us to adhere to the contract.

4.5 We shall not be responsible for disruptions in performance due to procurement difficulties of the aforementioned kind for which we are not responsible, even in the case of an indeterminate obligation.

4.6 If an agreed delivery period is otherwise culpably exceeded by more than 1 week, the other party to the contract shall be entitled