General Terms and Conditions (GTC) of deltaVision GmbH
Table of contents
1. Scope
These General Terms and Conditions apply to all contracts between deltaVision GmbH (hereinafter “deltaVision”) and its customers concerning the supply of products and services in the field of aerospace technology. Deviating conditions of the customer will not be recognized unless expressly agreed in writing.
2. Conclusion of Contract
All offers from deltaVision are subject to change and non-binding. A contract only becomes effective through written order confirmation by deltaVision.
3. Delivery Conditions
- 3.1.
Deliveries are made CPT (Carriage Paid To according to Incoterms 2020) unless otherwise agreed.
- 3.2.
deltaVision undertakes to provide products in compliance with the quality standards of EN9100 and the requirements of the aerospace industry.
- 3.3.
Delivery dates are binding only if confirmed in writing.
4. Quality Management
- 4.1.
deltaVision is being certified according to EN9100 and commits to maintaining the quality standards required by law.
- 4.2.
Customers may access relevant quality documentation strictly as legally necessary for the contractual relationship.
5. Prices and Payment Terms
- 5.1.
All prices are net prices excluding statutory VAT, packaging, and shipping costs.
- 5.2.
Invoices are payable without deduction within 14 days from the invoice date unless otherwise agreed.
6. Retention of Title
Delivered goods remain the property of deltaVision until all claims have been fully paid.
7. Warranty
- 7.1.
The warranty period for new goods is 6 months from the transfer of risk. For used goods, the warranty is excluded.
- 7.2.
The above warranty provisions do not apply to claims for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the seller or its agents, or for other damages caused by grossly negligent or intentional breaches of duty.
- 7.3.
The buyer is obligated to inspect the goods immediately upon delivery in accordance with § 377 of the German Commercial Code (HGB) and to notify the seller in writing without undue delay of any apparent defects. Hidden defects must be reported in writing immediately upon discovery. If the obligation to inspect and give notice of defects is not fulfilled, the goods shall be deemed approved.
- 7.4.
No additional warranties shall be deemed to have been given unless expressly agreed upon in writing.
8. Liability
- 8.1.
deltaVision is liable without limitation only in cases of intent and gross negligence as well as for injury to life, body, or health.
- 8.2.
In cases of slight negligence, deltaVision shall be liable only for the breach of essential contractual obligations (cardinal obligations). In such cases, liability shall be limited to the typical, foreseeable damage and capped at the value of the respective contract.
- 8.3.
Any further liability beyond the provisions stated above is excluded to the extent legally permissible.
9. Intellectual Property
All technical drawings, designs, specifications, software, documentation, and other materials provided in connection with the development, manufacturing, and delivery of our products or contractual services are subject to our intellectual property rights and shall remain our sole property, unless otherwise expressly agreed in writing. The customer does not acquire any rights to our proprietary technologies, intellectual property, know-how, or copyrighted materials beyond the agreed contractual purpose. Any disclosure, reproduction, or use beyond the scope of the contract is strictly prohibited without our prior written consent. This applies in particular to the replication or further development of our components or systems by third parties.
10. Export Control
- 10.1.
Products and technologies from deltaVision may be subject to international export control regulations. Customers agree to comply with these.
- 10.2.
The customer bears responsibility for compliance with national and international export regulations and agrees to indemnify deltaVision against any related liabilities.
11. Force Majeure
deltaVision is not liable for delays or impossibility of performance due to force majeure or unforeseeable circumstances, such as natural disasters, wars, embargoes, strikes, and pandemics.
12. Final Provisions
- 12.1.
Amendments and supplements to the contract require written form.
- 12.2.
German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- 12.3.
The exclusive place of jurisdiction is the registered office of deltaVision GmbH.