Terms and Conditions
General Terms and Conditions (GTC)
ITF Technical Fabrics GmbH
§ 1 Scope of Application
(1) These General Terms and Conditions apply to all deliveries, services, planning, consulting, and installation work provided by ITF Technical Fabrics GmbH.
(2) Deviating or conflicting terms and conditions of the Client shall apply only if their validity has been expressly agreed to in writing.
(3) Our offers are directed exclusively to entrepreneurs, legal entities under public law, and special funds under public law.
§ 2 Offers and Conclusion of Contract
(1) Unless expressly stated otherwise, our offers are subject to change and non-binding. Offers designated as binding may be accepted within the period specified in the offer.
(2) In the case of binding offers, the contract shall be concluded upon the Client's timely written acceptance of the offer. A separate order confirmation by ITF Technical Fabrics GmbH shall not be required.
(3) The content of the contract shall be determined by the offer of ITF Technical Fabrics GmbH, including the scope of services, plans, drawings, specifications contained therein, and these General Terms and Conditions.
(4) Amendments, supplements, or collateral agreements shall only become effective if confirmed in writing by ITF Technical Fabrics GmbH.
(5) Technical modifications, design adaptations, and changes to execution details remain reserved insofar as they are necessary due to technical requirements, official regulations, structural calculations, production-related requirements, or the availability of equivalent materials and do not materially impair the agreed functionality, quality, or usability of the services.
(6) The contractual basis shall consist of the following documents in the order of precedence listed below:
a) the offer of ITF Technical Fabrics GmbH,
b) the technical specifications and planning documents,
c) these General Terms and Conditions.
§ 3 Scope of Services
(1) The scope of services shall be determined by the respective offer, the contractual documents, and the agreed technical specifications.
(2) Drawings, calculations, visualizations, and other planning documents are provided for illustrative purposes and may be adapted during the technical design process.
(3) Unless expressly agreed otherwise, the Client shall be responsible for obtaining permits, official approvals, and providing site-related services.
§ 4 Prices and Payment Terms
(1) All prices are net prices and are subject to the applicable statutory value-added tax (VAT).
(2) Invoices are payable within 14 calendar days from the invoice date without deduction, unless otherwise agreed in writing.
(3) The deduction of cash discounts or other rebates shall only be permitted if expressly agreed in writing by ITF Technical Fabrics GmbH. Any unilateral or general deduction of discounts by the Client shall be inadmissible and shall not be recognized.
(4) Timely payment shall be determined by the full receipt of the invoiced amount in an account specified by ITF Technical Fabrics GmbH.
(5) In the event of default in payment, we shall be entitled to charge the statutory default interest pursuant to Section 288 of the German Civil Code (BGB) and to claim any further damages resulting from the delay. Furthermore, we reserve the right to suspend ongoing services, deliveries, or installation work until all outstanding claims have been settled, provided no mandatory statutory provisions prevent such suspension.
§ 5 Dates and Deadlines
(1) Stated delivery and execution dates shall only be binding if expressly agreed as binding.
(2) Deadlines shall be extended appropriately if delays occur due to force majeure, official requirements, weather conditions, lack of cooperation by the Client, or other circumstances beyond our control.
(3) If agreed delivery, installation, execution, or acceptance dates are postponed for reasons attributable to the Client or within the Client's area of responsibility, ITF Technical Fabrics GmbH shall be entitled to charge the resulting additional costs separately. Such costs include, in particular, expenses for additional project management, rescheduling, standby provision of personnel, equipment and materials, storage, additional mobilization and demobilization, travel expenses, and any other expenses caused by the postponement.
(4) If postponements result in waiting times, interruptions, or additional deployment of resources, these shall be reimbursed by the Client based on the actual costs incurred.
§ 6 Client's Duty to Cooperate
The Client shall provide in due time all information, documents, approvals, access rights, and site-related services necessary for the execution of the works.
Delays resulting from missing or delayed cooperation shall not be to the detriment of ITF Technical Fabrics GmbH.
§ 7 Intellectual Property Rights and Documents
(1) All drawings, calculations, models, plans, visualizations, and other documents created by us shall remain our intellectual property.
(2) Disclosure to third parties or any other use shall only be permitted with our prior written consent.
§ 8 Warranty
(1) The statutory warranty rights shall apply unless otherwise stipulated below.
(2) Obvious defects must be reported in writing without undue delay after their discovery.
(3) We shall initially be entitled to remedy defects or provide replacement services.
§ 9 Liability
(1) We shall be liable without limitation for damages resulting from intent or gross negligence, as well as for injury to life, body, or health.
(2) In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the typical foreseeable damage arising from the contract.
(3) Any further liability shall be excluded to the extent permitted by law.
§ 10 Force Majeure
Events of force majeure, including but not limited to natural disasters, war, strikes, pandemics, governmental measures, or comparable circumstances, shall release the affected contracting party from its performance obligations for the duration of the disruption.
§ 11 Data Protection
Personal data shall be processed exclusively in accordance with the applicable data protection regulations. Further information can be found in our Privacy Policy.
§ 12 Place of Jurisdiction and Applicable Law
(1) The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) To the extent permitted by law, the place of jurisdiction for all disputes arising from the business relationship shall be Traunstein, Germany.
§ 13 Final Provisions
Should any provision of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.