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Terms and conditions

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Terms and Conditions 

Provided by Clickwerk GmbH for the Sale and Delivery of the Company’s Products
Clickwerk GmbH, Walter-Becker-Straße 44, 21035 Hamburg

Part 1. General Conditions

1.1 These terms and conditions in written form are concluded between Clickwerk GmbH (further called The Company) and the other party (further called The Customer) about all types of offers, purchases, contracts, obligations, and other interactions which occur between the Company and the Customer. Both parties agree to fulfill these Terms and Conditions and promise not to violate them either in full or partially.

1.2 These Terms and Conditions refer to the whole scope of the Company’s products and services including the QuickBite system (further called The Product). The understanding of the Product comes as-is.

1.3 No other terms and conditions supersedes during negotiations, purchase, and supply of the Company’s Product. The exception can be made for written Appendix documents upon mutual agreement between the Company and the Customer.

1.4 Even if the Company doesn’t express direct coercion of the Customer to fulfill these Terms and Conditions, this doesn’t mean the Customer can violate them.

1.5 The text of these Terms and Conditions can be changed under the will of the Company in case it is necessary to maintain business processes and without previous notification of the Customer.

Part 2. Ordering Process

2.1 By providing the Company with the intention to purchase or order its Product in written form, the Customer confirms this intention.

2.2 On the other side, the Company has to confirm the order in written form to conclude an agreement.

2.3 The term ‘in written form’ refers both to the Customer and the Company and means transparently any written document including letters, email, fax, online messenger confirmations, SMS, or other digital communication methods which include text.

2.4 The order provided by the Customer expires in the following cases:

2.4.1 If the Product is no more available in the Company.

2.4.2 The Customer notifies the Company about the change in the decision to purchase the Product and revokes the order following the rules written in Part 10 of these Terms and Conditions.

Part 3. Pricing Policy

3.1 All prices for Clickwerk Products are established in EUR unless other is agreed upon and indicated in written form in a contract between the Company and the Customer.

3.2 Prices include VAT and other taxes unless the other is agreed upon and indicated in written form in a contract between the Company and the Customer.

3.3 All prices are relevant on the day of signing the contract between the Company and the Customer. The prices depend on the current market situation and can change due to a number of external factors. The factors which can impact the estimated price of the Company’s product include as follows.

3.3.1 The pricing can change if there are changes in the contract i.e. the volume of the Product changes, there are complex circumstances which impact the price, etc.

3.3.2 Prices can fluctuate due to the cost of supplies, cost of labor, and current tax rates.

Part 4. Intellectual Property of Clickwerk GmbH

4.1 Clickwerk GmbH reserves all rights as an intellectual property owner. All Products, drafts, models, and construction designs remain the intellectual property of Clickwerk GmbH unless other is agreed upon and indicated in written form in a contract between the Company and the Customer.

4.2 It is strictly prohibited for the Customer to use the information about the Product for the development of their own products as it violates intellectual property rights owned by Clickwerk GmbH.

4.3 It is strictly prohibited for the Customer to disclose information about the Company’s Products to third parties without the prior consent of Clickwerk GmbH.

4.4 Intellectual property rights are retained by Clickwerk after the delivery of the Product. It is prohibited to make changes in the construction of the Product, place any other trademark on it, or use the Product in any other way except what is indicated in the Product’s instruction/user manual.

Part 5. Responsibilities for Third-Party Designs, Calculations, and Drafts

5.1 Clickwerk GmbH retains all the rights to designs, models, samples of the Product, calculations, and blueprints provided for the Customer.

5.2 Clickwerk GmbH doesn’t take any responsibility for designs, models, samples of the Product, calculations, and blueprints provided by third parties.

Part 6. Shipping Conditions

6.1 Clickwerk GmbH provides delivery of the Product to the Customer in terms which are indicated in the contract concluded between the Company and the Customer in writing.

6.2 The Customer gets approximate terms of delivery, which can fluctuate due to force majeure. The Customer should not consider the terms of delivery indicated in the contract as the ultimate delivery time.

6.3 The delivery time starts directly after both sides have maintained the terms indicated in Part 2 of these Terms and Conditions.

6.4 Clickwerk GmbH retains the right to ship the order to the Customer partially in the case when it is required by the technological process or by the volume of the order.

6.5 These delivery rules can be suspended by Clickwerk in case the Customer didn’t provide payment in time or violate these Terms and Conditions in any other way.

Part 7. Unforeseeable Circumstances

7.1 Unforeseeable circumstances are the circumstances which were known by Clickwerk GmbH in advance and were not obvious to the Company before concluding the contract with the Customer.

7.2 Unforeseeable circumstances are those which can impact the process of fulfillment of the contract between the Company and the Customer. The list of unforeseeable circumstances includes strikes, riots, wars, military operations, terrorism attacks, weather disasters, natural disasters, delivery companies’ failures, the Customers’ bankruptcy or other situations which can force the Customer to be unable to meet their obligations in full.

7.3 If unforeseeable circumstances arise during the completion of the contract between the Customer and the Company, the Company retains the right to stop or delay the fulfillment of the contract until the unforeseeable circumstances are mitigated.

7.4 If the Company has performed and delivered the part of the order according to the contract signed in written form before the unforeseeable circumstances arise, the Customer is obliged to pay the price of the order performed.

7.5 In case of emerging unforeseeable circumstances which can force one of the sides to terminate the contract, the side which is forced has to notify the counterparty about the unforeseeable circumstances in a written form.

Part 8. Terms of Liability

8.1 Clickwerk GmbH takes responsibility for the direct damage to the Product only at the time before it was delivered to the Customer.

8.2 Clickwerk GmbH takes responsibility for the defects in its Product if the defect was indicated and proved by independent expertise with the conclusion provided in written form.

8.3 Clickwerk GmbH doesn’t take any responsibility for the construction, materials, or technical conditions of the roofing where the Product of the Company will be mounted.

8.4 Clickwerk GmbH isn’t liable for the Product in case the Customer and/or third parties have modified it or changed its construction in any way.

8.5 Clickwerk GmbH doesn’t take responsibility for the occurring loads of the construction which is based on the Company’s Products in the following cases:

8.5.1 If the geometry of the building was changed.

8.5.2 If there is an additional load of solar panels.

8.5.3 Dynamic wind loads, which were not taken into account by the Customer.

8.5.4 Issues of overload provided by roofing insulation, roofing itself, and their long-term compatibility with each other and with the construction as a whole.

8.5.5 If there are thermal performances between PV systems and buildings and vice versa.

8.6 Clickwerk GmbH takes responsibility for the limits which are indicated by its insurer’s payment.

8.7 The liability of the Company is limited by the amount indicated in the invoice related to the Product which was damaged due to Clickwerk GmbH’s responsibility.

Part 9. Payment Terms and Conditions

9.1 Clickwerk GmbH provides the Customer with the Product or services related to it only after full or partial payment, or after the Customer provides payment safety guarantees if the other is not indicated in the contract in written form.

9.2 Average payment timeline is 14 bank days after signing the contract between the Company and the Customer if the other is not indicated in the contract in written form.

9.3 The payment method to fulfill the obligations indicated by the contract between the Customer and the Company should be indicated in the same contract. 

9.3.1 Clickwerk GmbH accepts payments in cash, bank cards, or invoice payments if the other is not indicated in the contract in written form.

9.3.2 Clickwerk GmbH accepts payments in EUR if the other is not indicated in the contract in written form.

Part 10. Purchase Refusals

10.1 If the Customer fails to fulfill their obligation to purchase the Product within 3 months from the date of contract conclusion, and does not notify the Company in writing of the delay or refusal to purchase, the Company reserves the right to use or dispose of the reserved Product at its own discretion.

Part 11. Claims and Refunds

11.1 In case the Customer fails to fulfill their obligations according to the contract concluded between the Customer and the Company, Clickwerk GmbH retains the right to suspend the contract with no refund.

11.2 If the Customer claims and proves the Company violated the contract terms’ didn’t fulfill its obligations in full, or provided damage to the Product/defective Product, the Company will be entitled to compensate the losses the Customer had and provide refunds.

Part 12: Governmental Terms and Conditions

12.1 All the business activity provided by Clickwerk GmbH is fully legal, and the Company works under the legislation of the EU.

12.2 The sides of the agreement shall try to resolve any dispute personally before they decide to apply to the court. In case of lawsuits, the application should be listed to the Court of Germany, where the office of Clickwerk GmbH is registered.

Part 13: General

These Terms and Conditions shall enter into force from the moment when the Customer reads them. These Terms and Conditions abolish all other documents which were regulating relationships between the Company and the Customer before. The Company retains the right to make changes in these Terms and Conditions if needed without preliminary notification of the Customer. 

 

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