Legal notice and information
Information provided according to Sec. 5 German Telemedia Act (TMG):
IBA Ingenieur-Büro Alferi GmbH
Geschäftsführer Martin Alferi
Telephone: 09261 - 95977
Telefax: 09261 - 92769
Entry in the Handelsregister.
Registering court:Amtsgericht Coburg
Registration number: HRB 1768
VAT Id number according to Sec. 27 a German Value Added Tax Act:
DE 132 455 315
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
Please find our email in the impressum/legal notice.
We do not take part in online dispute resolutions at consumer arbitration boards.
Liability for Contents
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.
Liability for Links
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.
The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.
Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.
All images © IBA Ing.-Büro Alferi GmbH, Kronach
General terms and conditions of the company Ingenieur-Büro Alferi GmbH
§ 1 Scope
The following general terms and conditions apply exclusively to all contractual relationships between the company Ingenieur-Büro Alferi GmbH (hereinafter “manufacturer”) and the customer. The manufacturer's terms and conditions also apply to all future business relationships, even if they are not expressly agreed again. These conditions are deemed to have been accepted at the latest when the service is accepted. Contrary terms and conditions of the customer are hereby rejected unless the manufacturer has expressly agreed to their effect in writing.
§ 2 Offer and conclusion of contract
Offers from the manufacturer are subject to change and non-binding. Orders and orders placed by the customer only become binding upon receipt of a written order confirmation from Ingenieur-Büro Alferi GmbH by the customer, the content of which alone is decisive for the contractual relationship and the scope of services. Orders placed by the customer are binding offers for him. All orders and other verbal agreements require the written or telex confirmation of the manufacturer to be legally effective. Drawings, illustrations, dimensions, weights or other performance data are only binding if this has been expressly agreed in writing.
§ 3 Prices and terms of payment
All prices are net. The applicable sales tax will be shown separately on the invoice on the day of invoicing. Unless otherwise agreed, the prices do not include packaging and delivery.
The manufacturer's invoice is due within 30 days - without deduction - for settlement. If the customer is in default of payment, the manufacturer is entitled to demand interest of 8% above the base interest rate of the European Central Bank as compensation from the relevant point in time. The customer is only entitled to set-off or retention if the counterclaims have been legally established or are undisputed. If the customer is in default of payment, the manufacturer is entitled to stop working on the object of performance. All prices are net. Delays in delivery caused by this are not to be included in any delivery period.
§ 4 Delivery and service time, partial deliveries
A delivery date is agreed according to the expected performance of the manufacturer and is subject to change and non-binding. Fixed delivery dates that have been agreed as binding must be in writing. If the delivery or service is delayed due to circumstances for which the manufacturer is not responsible, including force majeure, strikes, fire, water damage, power failures, pandemics, etc., the manufacturer is entitled - even in the case of binding delivery and service deadlines - to to extend the delivery period by the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. If the hindrance lasts longer than three months, the customer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the unfulfilled part. If the delivery period is extended or if the manufacturer is released from his obligation to perform, the customer cannot derive any claims for damages from this. If the manufacturer's performance is delayed due to circumstances for which the purchaser is responsible, the purchaser shall bear the costs incurred
Manufacturers arise from this. The manufacturer is entitled to provide its services in reasonable partial deliveries.
§ 5 Order Cancellation/Order Reduction
If the customer is not responsible for the completion or delivery of the service, the customer must pay the agreed remuneration. The same applies if the customer reduces the scope of the order after receipt of the order confirmation. In this case, however, the manufacturer must take into account everything that he has saved through the reduced order.
§ 6 property rights
Third parties If the manufacturer produces the object of the service according to the customer's specifications, consisting of drawings, sketches, models, samples, etc., the customer is responsible for ensuring that third-party property rights are not violated as a result. Should the customer violate this obligation, he is obliged to immediately settle the claims of third parties arising from this against the manufacturer.
§ 7 Passing of Risk
The place of performance for the delivery and payment of the service is the seat of the manufacturer. In the case of shipping, the risk passes to the customer as soon as the manufacturer has handed over the goods to the transport company chosen by him.
§ 8 Warranty
For the manufacturer, the warranty is 1 year from delivery of the delivery item. The customer is obliged to check immediately after receipt of the goods whether the service provided corresponds to the ordered quantity and type. According to Section 377 of the German Commercial Code (HGB), the purchaser is obliged to check the goods delivered by the manufacturer without delay
Was. Any defects or irregularities must be reported to the manufacturer in writing in a comprehensible form, otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The customer bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects. The manufacturer warrants that the goods it supplies will be manufactured correctly in accordance with the agreed technical delivery specifications. If there is a defect, the manufacturer is entitled to choose between three attempts at repair or a new delivery. If the supplementary performance or replacement delivery fails, the customer can choose to demand a reduction in the invoice amount or cancellation of the contract. If the breach of contract is only minor, the customer has no right of withdrawal. If the customer chooses to withdraw from the contract due to a defect that has not been remedied, he is not entitled to any additional claims for damages due to the defect. The customer undertakes to give the manufacturer the opportunity to inspect the reported defect on site. The sale of used items (machines, etc.) by the manufacturer is subject to the exclusion of any warranty.
§ 9 Retention of title
The manufacturer retains ownership of the delivery item until receipt of all consideration to be provided by the customer resulting from the business relationship. If the customer is in default of payment, the manufacturer is entitled to demand the return of the delivery item. Since this demand represents a withdrawal from the contract, the
Manufacturer to otherwise use the returned delivery item at any time. The customer is entitled to sell the delivery item in the ordinary course of business. He already assigns to the manufacturer all claims in the amount of the invoice amount that accrue to him from the resale against the third party, regardless of whether the delivery item was resold without or after further processing. The customer revocably authorizes the manufacturer to collect the claims assigned to the manufacturer for his account in his own name. The revocation is only possible if the customer has fulfilled his obligations towards the manufacturer. The processing and transformation of the delivery item by the customer is always done for the manufacturer. If the delivery item is combined with parts that are foreign to the manufacturer, the manufacturer shall receive co-ownership of the newly created item in proportion to the value of the delivery item. The same applies to the newly created item as to the item delivered under reservation.
§ 10 Limitations of Liability
Claims for damages - for whatever legal reason - are excluded both against the manufacturer and against its vicarious agents, unless intentional or grossly negligent action is involved. Insofar as the manufacturer is not accused of intentional breach of contract, the liability for damages is limited to the foreseeable damage that is typical for the contract. In any case, the liability of the manufacturer for damage to life, limb or health under the Product Liability Act and other claims from manufacturer liability and if the manufacturer assumes a guarantee remains unaffected. If the customer invokes the assumption of a guarantee, he bears the burden of proof for the existence of a guarantee case.
The manufacturer assumes no liability for damage caused by fire, burglary, mains water and storms for the parts left to him for processing. In the case of contract work carried out, the manufacturer is only liable within the framework of the contract processing carried out. He assumes no liability for destroyed material and destroyed blanks of the customer. Any liability for negligence is excluded. This risk lies with the customer.
§ 11 Applicable Law, Place of Jurisdiction, Partial Invalidity
The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the manufacturer and the customer. If the customer is a registered trader within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the manufacturer's registered office is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions.