valid from 09.11.2008
General Terms and Conditions of AKKU SYS
Akkumulator- und Batterietechnik Nord GmbH
§1 Validity of the conditions
The deliveries, services and offers of the seller are made exclusively on the basis of these terms and conditions. They are recognized as binding upon conclusion of the contract, but no later than upon acceptance of the goods or services. Any conflicting terms and conditions of the buyer are expressly excluded. Subsidiary agreements, changes or additions to the contract shall only be effective if they have been confirmed in writing. Counter-confirmations of the buyer with reference to his terms of business or purchase are hereby contradicted.
§2 Conclusion of contract
Offers contained in brochures, advertisements, etc. are - also with regard to price quotations - subject to change and non-binding. The designations and specifications stipulated upon conclusion of the contract represent the technical status at that time. The Seller expressly reserves the right to make design changes for deliveries under this contract, provided that these changes are not of a fundamental nature and the contractual purpose is not significantly restricted. Purchase contracts up to a value of 2000 Euro are concluded by the Customer's order, unless AKKU SYS Akkumulator- und Batterietechnik Nord GmbH immediately objects. For order values exceeding this, an order confirmation by AKKU SYS Akkumulator- und Batterietechnik Nord GmbH is required for the conclusion of the contract.
§3 Prices & Terms of Payment
For sales contracts, the agreed prices apply. All prices are subject to statutory VAT and shipping costs, unless otherwise agreed in writing. Invoices are due immediately and payable net without deduction. A payment shall only be deemed to have been made when AKKU SYS Akkumulator- und Batterietechnik Nord GmbH can dispose of the amount. In the event of a delay in payment, we are entitled to charge interest on arrears in the amount of 5% above the respective base interest rate.
§4 Delivery times
Stated delivery dates are not binding. If the Seller is in default, the Buyer may withdraw from the contract or claim damages for non-performance in accordance with the following provisions. The duration of the grace period to be set by the Buyer by law is set at 2 weeks, which begins with receipt of the grace period by the Seller. The Buyer may only claim damages for non-performance if the Seller has caused the damage intentionally or by gross negligence. The delivery period shall be extended, if necessary, by the time the Buyer has handed over all information and documents necessary for the execution of the order. The delivery period shall be extended in the event of incorrect address information or the packages not being deliverable. The buyer has to bear the costs for incorrect address information.
§5 Warranty and Liability
Warranty and guarantee The warranty for the deliveries and services provided by us are initially limited to the right to rectification or replacement. If rectifications or replacement deliveries fail, the customer is entitled to reduce the remuneration or the purchase price or to withdraw from the contract. This is only possible after the 2nd failed attempt. In the event of incorrect operation and improper use of the goods, the customer shall bear the costs of rectification or repair. In all other respects, the warranty shall be governed by the existing statutory provisions. The statutory warranty period is 2 years and begins with the delivery of the purchased item. In addition, there may be warranty claims against the manufacturer of the delivery item, insofar as the latter issues warranty promises for its product. The scope depends on the content of the warranty promise given by the manufacturer. In this respect, we point out that the warranty provisions of the manufacturer may differ depending on the country of delivery to the consumer compared to the warranty provisions applicable in the content.
§6 Retention of title
Sold items remain the property of the seller until full payment of the purchase price. Only with payment of the full purchase price, the ownership of the item is transferred to the buyer without further ado. The buyer undertakes not to dispose of the object by sale, pledge, lease, loan or in any other way until full payment of the purchase price. He undertakes to notify us immediately if the object is seized or claimed by a third party. He shall reimburse all court and out-of-court costs incurred for the removal of attachments and retentions as well as for the procurement of the object, insofar as he has culpably caused the incurrence of these costs. The Buyer undertakes to handle the item properly as long as ownership has not yet passed to him and to ensure appropriate cleaning.
Invoices of the seller are payable immediately without deduction, subject to any other written agreement. As a method of payment, unless otherwise agreed, advance payment, DHL or GLS cash on delivery or cash payment upon collection is agreed.
§8 Place of performance, jurisdiction
Insofar as the Buyer is a registered merchant, a legal entity under public law or a special fund under public law, the court having jurisdiction over the registered office of the Seller is agreed as the place of jurisdiction for any disputes arising from the contracts and related legal relationships for both parties. AKKU SYS Akkumulator- und Batterietechnik Nord GmbH is also entitled to sue at the Buyer's place of business. Should one of the provisions of these General Terms and Conditions or of the delivery contract prove to be invalid, the remaining provisions shall remain unaffected and continue to be valid. For all deliveries, including cross-border deliveries, German law shall be deemed agreed, to the exclusion of the German International Sales Convention.
§9 Refusal of acceptance by the buyer
If the customer refuses acceptance, and withdraws from the purchase contract, he has to bear the settlement costs incurred. We exclude the UN Convention on Contracts for the International Sale of Goods, German law applies.