Gemeral Terms & Conditions
Sanjay Bijani Information Systems
Am Bohrerbach 2, 79289 Horben

1.Offers
1.1. All offers of the trading company Sanjay Bijani Information Systems (hereafter Bijani Co.) are not binding. The specifications and prices given therein, as well as sizes, weights, delivery times, etc are only approximates. Binding offers are issued only after the submission and acceptance of the graphic and technical drawings, as well as the clarification of all technical details. All negotiations and offers are subject to this basis
1.2. All binding quotations of the Bijani Co. are in Euro (€). Prices do not include freight or installation and are exclusive of VAT. All prices are quoted on the assumption of a delivery inside the federal Republic of Germany. Handling charges, preparation of shipping documents and obtaining of export clearances are not a part of duties of the Bijani Co. The settling of excise and other export-related duties and taxes are the responsibility of the purchaser. The responsibilities of the Bijani Co. end with the handing over of the purchases to the appointed shipping or handling agent based in Germany.
1.3. Offers which include Installation or assembly on the site exclude all costs that may arise of the necessity for assembly stands, cranes and all other tools and equipment required. The procurement and charges for said equipment will be billed extra. Bricklaying, plastering, tiling or other similar services are not included in the prices and shall be billed extra.
1.4. For the production of samples, sketches, layouts and other project engineering performances, which are commissioned from the purchaser a fee is due. The charges are to be agreed on in advance or will be billed in accordance to the usual charges prevalent in the market for such services. This charges have to be settled in all cases, also than when an order is not placed.
1.5. The ownership and copyright on all offers, sketches, plans, samples and other services remains by the Bijani Co. In the event that an order is not placed, all documents and objects are to returned automatically to the Bijani Co. This has to be carried out latest at the demand of the Bijani Co. for the return of the said documents and objects. Under no circumstances are these to be made accessible to third parties.

2.Orders, confirmations and price increases
2.1. Orders are valid only after receipt of the order confirmation issued by the Bijani Co.
2.2. Specifications or quantity of the placed order cannot be changed once the confirmation order is placed. The Bijani Co. reserves the right to bill extra for modifications made after the issue of the order confirmation.
2.3. The confirmation order is binding in respect to the specification and delivery of the ordered products.
2.4. In the case, orders cannot be carried out in accordance to the order confirmation issued by the Bijani Co. due to technical or constructional reasons, the Bijani co. is entitled to modify the specifications, materials used or withdraw the offer. Claims for damages will not be valid under such circumstances.
2.5. The obtaining of legal, public or other permissions required for the manufacturing, delivery, installation and usage of the ordered products is the responsibility of the purchaser. Not obtaining or the rejection of permissions do not void the order. Determining whether permission is required is the responsibility of the purchaser. Modifications required in order to fulfil the demands placed by the permitting authority shall be considered order modifications and billed in accordance to §2.2.

3.Delivery dates
3.1. The delivery period begins with the date on which the Bijani Co. and the purchaser settle all details and specification required for the production. If the exact date cannot be determined, then it is the date of the order confirmation. This is, however, noncommittal. The punctuality of deliveries are subject to the punctual receipt of all raw materials required for the execution of the placed order.
3.2. The payment agreed upon under §7.1. is also due on the date of agreement or the date of issue of the order confirmation whichever is earlier.
3.3. The Bijani Co. does accept responsibility for delays caused due to natural calamities, strikes, riots, lockouts, operational disturbances, etc. , in short all circumstances outside the direct control of the Bijani Co. Delays, such caused, do not entitle the purchaser to withdraw the order or file for damages.

4.Dispatch and Shipping
4.1. The ordered goods will be dispatched to the address stated by the purchaser. If no specific preference is given, the mode of transport will be decided by the Bijani Co.
4.2. Partial deliveries are admissible and are to be considered as independent deliveries.
4.3. The risks of transport are passed on to the purchaser from the point where the goods leave the premises of the Bijani Co. Charges for Insurance will be billed to the purchaser either directly from the shipping or handling agent or from the Bijani Co. The charges are to be paid in Euro and are subject to the prices valid on the day of shipping.
4.4. Goods reported ready for dispatch or installation shall be subject to a warehousing charge from the fifth day onwards.
4.5. If delivery is not taken, shipping details not supplied or payments not made inside 14 days from the date of notification of readiness, then the Bijani Co. is entitled to, after setting a time limit of maximum 14 days, legally enforce the taking, to demand compensation for breach of contract and/or withdraw from the contract without further notice.
In the last case, the Bijani Co. is entitled to, reserving the rights to demand a higher compensation to the sum of the actual damages or costs incurred at a later stage, 30% of the billing sum without notice or submission of proof.
4.6. All rights to the entitlement of compensation for the inability to take delivery on time remain enforceable and applicable.

5.Packing material
5.1. Packing material will be billed to the least prices possible. Packing materials are one-way, mostly recyclable materials. The disposal of the materials is the responsibility of the purchaser. Neither the disposal of the packing materials or reimbursement for the charges thereof can be demanded from the Bijani Co.

6.Installation and Assembly.
6.1. The installation and/or assembly of the delivered products can be requested by the purchaser. Such services are generally carried out by subcontractors of the Bijani Co. and are billed extra.
6.2. The prices do not include, even when they are offered as a package, the costs arising from circumstances that were not known at the time the offer was made. They also do not include costs arising from delays incurred through the fault of parties other than those representing the Bijani Co. or when the work or services performed exceed those offered. All extra work, materials and time is to reimbursed and shall be billed extra.
6.3. The purchaser is obliged to arrange for secured parking space for the vehicle/s of the Bijani Co. or it’s subcontractors and to arrange for electricity as well as storage space if needed. The provision of these services is an assumption of the calculation and cannot be billed to the Bijani co. or deducted from the payments.
6.4. Assembly stands, cranes or other special equipment is to be provided by the purchaser unless otherwise agreed upon.

7.Payment
7.1. Due dates for payments due:
Bills to the value of Euro 3000 are due immediately on receipt without deductions.
Bills with a higher value are due as follows:
50 % of the billable sum on placing the order
25 % on receipt of notification of delivery readiness
25 % inside 14 days after the date of issue of the invoice.
Is a specific date mentioned for the due dates, than it has priority over the general due dates listed above.
7.2. Purchasers who pay the entire billable sum in advance are eligible for a special discount of 2% from the billable sum.
7.3. Banking or transfer charges are to paid by the purchaser.
7.4. By payment through checks or other credit means, the date of receipt of the payment is the date the account is credited and not the date of receipt of the check. The Bijani Co. can and will demand reimbursement for all charges and costs incurred, including legal costs, through the presentation of credit means insufficiently backed with financial means.
7.5. When a specific due date is set for payments in accordance to §7.1. then the purchaser is officially in arrears without the need for Bijani Co. to issue a reminder.
7.6. In case the purchaser is in arrears with his payments, the Bijani Co. is entitled to charge interest on the sue sum at a rate 3% above the current interest for overdraws at it’s main bank.

8.Proprietorship
8.1. All delivered goods remain the property of the Bijani co. till full payment has been received for all payments due out of current, past or present agreements.
8.2. The purchaser is entitled to resell the goods in the normal course of his business. The purchaser is, however, not entitled to transfer the rights of propriety until and unless full payment for the goods has been received. The temporary transfer of rights through the deposit of goods as security is also forbidden. The purchaser is bound by the contract to provide the Bijani Co. of the name and address of the end user or purchaser to whom the goods have been sold, rented or leased to and to transfer all rights of payment to the value of the sum due, including all surcharges due to delay of payment, to the Bijani Co.
8.3. All costs incurred due to settlement of delayed payments, including those for legal intervention and enforcement are to be carried by the purchaser.
8.4. By transfer of goods delivered by the Bijani Co. onto third parties, regardless of if through resale or installation, the rights of payment for the goods to the purchaser from the third party are transferred to the Bijani Co. till all debts and charges incurred through delayed or incomplete payments have been fully settled. The Bijani Co. is entitled to notify the third party immediately in case the purchaser is in arrears with his payments. The purchaser empowers, with the acceptance of the offer or latest, by acceptance of the delivery, to demand payment directly from the third party should the purchaser be in arrears.

9.Warranty
9.1. All products delivered or installed by the Bijani Co. carry a warranty of maximum 12 months, providing that the Bijani Co. was allowed at least 30 days for the manufacturing. This warranty covers only manufacturing and material defects.
9.2. The warranty according to §9.1. and 7 or in accordance to applicable civil law rulings are not valid for defects caused through the usage of accessories or combination with materials other than those delivered or recommended by the Bijani Co. to the purchaser. The warranty excludes also defects arising through faulty or incompetent handling or installation through third parties. The validity of the warranty expires with the usage of the products for any other purpose than that for it is designed. Furthermore the warranty expires when the purchaser, his representatives or third parties modify the delivered goods by any means.
9.3. For claims that are based on faulty deliveries received by the Bijani Co., the Bijani Co. entitles the purchaser to demand satisfaction directly by the concerned supplier/s. The Bijani Co. shall indemnify claims resulting out of 9.1. only as far as they were caused directly by the Bijani Co. or through errors in specifications supplied to the suppliers. The indemnity of claims will be taken over by the Bijani co. only when the direct claims against the suppliers could not be directly indemnified, and only after all legal measures to enforce the claims have failed.
9.4. Claims resulting from negligence shall not be indemnified.
9.5. If the purchaser demands the repair or correction of faulty goods, then slight differences in colour may occur and are not reason for a further claim. The repair of wear-and-tear damages incurred through assembly and disassembly are not subject to repair and not a part of the indemnification.
9.6. The warranty accorded under 9.1. starts with the date of delivery. The warranty for repairs, spare parts and replacements expires with the expiry of the warranty of the original delivery.
9.7. The warranty can only be prolonged for the period of time between the notification of the defect till the time the repairs were carried out or replacements received. The warranty cannot be prolonged when the repairs or renewals are carried out within 14 days of notification.
9.8. For all claims, the Bijani Co. is entitled to send a representative to validate the claim. Should the claim be invalid, then the Bijani Co. is entitled to demand reimbursement for all costs incurred through the validation process.
9.9. The Bijani Co. does not assume responsibility for the load bearing capability of existing foundations or constructions. The inspection and clarification of these details is the responsibility of the purchaser and shall not be carried out or guaranteed by the Bijani. Co.

10.Claims
10.1. Claims are only accepted in written form. All other forms of submission, including the electronic submission per Email are not admissible. Each claim must list the description of the goods in question, the date received, reference numbers allotted to the delivery and/or the goods as well as a detailed description of the defects and the exact number of goods affected. Incomplete or vague claims will not be accepted. Incorrect or faulty claims that lead to the loss of indemnity rights of the Bijani Co. from it’s suppliers will not be accepted or indemnified. Claims that are not filed immediately on the discovery of the faults will not be accepted.
10.2. The Bijani Co. reserves the right to repair or replace the faulty goods on receipt of a valid claim. Only when the repair or renewal fails, is the purchaser entitled to reimbursement or price reduction.
10.3. The Bijani Co. cannot be held responsible for any damages to the purchaser or to third parties due to the delivery of goods over and above the costs for the repair or renewal of the faulty goods.
10.4. Customary material tolerances and deviations are not valid reasons for the filing of claims.

11.Venue for delivery and jurisdiction
11.1. The venue for the delivery of all services is 79289 Horben.
11.2. The venue of jurisdiction for all disputes is Freiburg im Breisgau, Germany.
11.3. The applicable law and rulings are the German law codes governing trade and commerce (BGB)

12.General
12.1. All transactions between the purchaser and the Bijani Co. take place subject to the above conditions. By placing the order, latest by not refuting the confirmation order, the purchaser agrees to be bound by all the conditions and terms listed above.
12.2. Opposing purchasing conditions of the purchaser are ineffective. Additional conditions or deviations are only valid when presented in a written form and countersigned by an authorised representative of the Bijani Co.
12.3. If one or more of the terms and conditions listed above lose their validity or are not part of the contract, the other still retain their validity. The invalid or excluded part or parts are to replaced with the current legal ruling according to the German law.
12.4. The purchaser cannot transfer his rights resulting out of transactions with the Bijani Co. onto third parties without the previous written consent of the Bijani Co.