Company ISS Industrie Sortier Service GmbH, hereinafter referred to as ISS GmbH, carries out the assigned work
as factory business according to § 631 BGB exclusively on the basis of these general terms and conditions. The
buyer accepts these conditions with his order placing to ISS GmbH. They are valid for the duration of the business
Dissenting terms and conditions have to be explicitly agreed upon in writing. Without such agreement conflicting
terms will not be accepted by ISS GmbH.
Should any clause in this agreement be invalid or illegal, this shall not affect the validity or legality of the remaining
clauses or the agreement as a whole. The clause in question shall be replaced by a valid clause that comes as
close as possible to the intentions of the original clause.
2. Conclusion of contract; pay
The contract is only valid through explicit consent of ISS GmbH or through execution of services through ISS
GmbH. Fees are agreed upon for each particular case.
In the absence of precise agreements the usual terms between the two business partners are valid. Apart from that
the usual pay for services of ISS GmbH is valid.
ISS GmbH is obliged to carry out the assigned services in a specified time frame according to contract. For delays
that are not within the company’s control, ISS GmbH does not take any responsibility. No obligation to indemnify
exists for delivery or service delays due to force majeure.
4. Compensation; calculation; late payment
ISS GmbH charges the buyer the pay in line with the contractual agreement, in which the buyer in the absence of an
otherwise agreement receives a charging in which material used according to effort and the input of tools and
machinery is charged with the usual rates and work performed by employees of ISS GmbH is charged according to
Payments are due net 14 days after date of invoice. Late payment exists after the first reminder from ISS GmbH, i.e.
from that date onwards the buyer hast to pay default interest. Should ISS GmbH employ a lawyer after the second
reminder, all legal fees will be charged.
5. Interim billing
ISS GmbH is entitled, for self-contained parts and agreed services as well as for fixed periods, approximately one
week each, to issue interim bills.
Possible guarantee claims of the buyer have to be claimed instantaneously to ISS GmbH and are limited in the first
instance to remedies or replacement delivery. Should these fail, the buyer has the right to decrease or of redhibitory
ISS GmbH is not liable for claims out of their service contract activity, unless coarse negligence or even intentional
breach of contract can be proven.
The offset with contested and non valid specified claims through the buyer against contractual pecuniary claims of
ISS GmbH is herewith excluded.
9. Late payment and right of retention
If the buyer is in default with his payments, ISS GmbH may cease further working and hold back the assigned
services until the buyer has met his payment obligations to full extent.
10. General liability insurance
Liability claims that arise from our services are covered by insurance; 2 Mio. EURO for each insured event for
personal injuries, 1 Mio. EURO for material damage and 100.000 EURO for economic loss. Further claims from the
buyer will not be accepted.
11. German Right; Place of jurisdiction
As place of jurisdiction the Fritzlar municipal court is agreed upon, resp. the district court Kassel, provided that the
buyer is a qualified merchant, a body corporate organized under public law or subject to special fund under public
law. For the contractual relationship the right of the Federal Republic of Germany will be applied exclusively.