General terms and conditions

Terms of delivery and payment of VdS Publishing House

Scope of application

All deliveries and services from VdS Publishing House are made solely on the basis of the present General Terms and Conditions. Regulations that deviate from here, particularly in the General Terms and Conditions of the contract partner, are only valid if they have been confirmed by us in writing. If the contract partner is a merchant in the context of the German Commercial Code (HGB), our General Terms and Conditions also apply to future business relations.

This does not conflict with the fact, that they are not expressly agreed again. Confirmation letters with reference to the General Terms and Conditions of the contract partner are hereby explicitly contradicted. For electronic products and software, the General Terms and Conditions of these products additionally apply.

In dealings with bookselling distributors, the current terms and business conditions of the respective bookseller additionally apply. For electronic products, the terms of delivery and payment are supplemented in each case by the relevant applicable general terms and conditions of the corresponding contract of the subject matter.

Delivery and terms of delivery

Delivery is ex-stock from our warehouse to the delivery address given by the customer, unless otherwise agreed. Information on the delivery deadline is not binding, unless as an exception a binding delivery date has been agreed in writing. Delivery takes place subject to the availability of the goods. In accordance with § § 447, 448 BGB all deliveries are at the burden and risk of the recipient. The customer pays for shipping costs. Reclamation for damage during transit is to be directed to the forwarding agent, and not to VdS Publishing House.

Conclusion of contract, contract content

Supply is subject to change and delivered subject to self -supply, if and when components are produced by third parties or services are provided by independent contractors. The conclusion of a contract requires a registration and authentication. Orders are accepted only in writing (letter, fax or email). Information and promises given verbally are not binding, unless they are expressly designated as binding.

They do not represent any kind of assurance or guarantee of whatever nature. We reserve the right to exceed or fall short of the delivery rate by 10% in products, which are manufactured or modified individually on behalf of the buyer. The actual quantity ordered will be calculated.

Warranty

Warranty claims lapse after one year. The customer has to give notice of a defect or flaw to VdS Publishing House immediately in writing, at the latest, however, within 8 days after receipt of the goods. Customer´s claims for compensation, for any legal reason, whatsoever, including infringement of duties resulting from the contractual relationship or from tort, are excluded. This does not apply insofar liability is mandatory, e.g. under the Product Liability Act, in cases of intent, gross negligence, for personal injury, due to the acceptance of a guarantee of the presence of a specific predicates or the breach of essential contractual obligations.

The damages for breach of fundamental contractual obligations is limited to the typical foreseeable damages, as far as there is no intent or gross negligence noticeable or responsibility for personal injury or because of the acceptance of a guarantee for the presence of a predicate. A change in the burden of proof to the detriment of the customer is not associated with the above mentioned provisions.

Prices, Terms of Payment

Prices quoted refer to the delivery of one copy. Information about prices for the delivery of multiple goods is available on request. We reserve explicitly the right to price changes or errors. All prices are quoted inclusive of the statutory value-added tax plus shipping costs. For deliveries abroad, currently valid regulations for the trade in goods with the recipient country are applied. Additional costs such as customs or island fees or bank-related calculation of transfer costs shall be at the expense of the customer.

Invoices are payable within 14 days without deduction, unless otherwise stated on the invoices. Discounts will not be granted. In case of default reminder costs of at least 5.00 EUR and interest shall be calculated at the statutory rate. If the customer falls into arrears or the VdS publisher is aware of circumstances which are suitable to reduce the creditworthiness of customers significantly (especially suspension of payments or bankruptcy), the VdS publisher is entitled to withhold outstanding deliveries or deliver only after payment.

The delivered goods remain our property until full payment. Technical regulations. e.g. VdS guidelines, GDV publications and others are not items of the book trade, unless stated otherwise. No bookseller discount is given.

Subscription

There is the possibility of subscription for many titles listed in the online store (updating service). Participants in the updating service receive reissues of related titles automatically sent to customer according to the current list price. Participation in the updating service may be terminated at any time, unless otherwise agreed. More information is available on the Info-line of the publisher, phone: +49 (0)221-7766369.

Subscription of VdS publications on CD-ROM and network licenses

The subscription has a minimum duration of 24 months unless a different agreement is reached over the term of the contract, and can be terminated with a period of 3 months to the end of the minimum contract term. After the minimum contract period the subscription can be canceled within a period of 30 days to the end of the month. Any termination must be in writing or in text form in order to be valid.

Data Protection

We will employ only those who have been bound to data secrecy in accordance with § 5 BDSG for the implementation of contractual services.. We ensure that all persons entrusted with the processing or execution of the contract respect the regulations of the BDSG. We guarantee the BDSG data protection measures.

Miscellaneous

If individual terms of this contract are void, then the effectivity of the remaining terms shall not be affected. Place of performance and jurisdiction is Cologne.

VdS Schadenverhütung GmbH
Publishing House
Amsterdamer Str. 172
50735 Köln
Telefon: +49 (0)221-7766369
Telefax: +49 (0)221-7766109
verlag@vds.de
www.vds.de