General Terms and Conditions of
AKKU SYS Akkumulator- und Batterietechnik Nord GmbH
Verbindungsweg 23
D-25469 Halstenbek
§ 1 General - Scope of Application
(1) Our sales conditions apply exclusively; we do not recognize conditions of the customer that oppose or differ from our sales conditions, unless we have expressly agreed to their validity in written form. Our sales conditions also apply if we carry out the delivery to the customer unconditionally despite being aware of conditions that oppose or differ from our sales conditions.
(2) Our sales conditions only apply to entrepreneurs within the meaning of § 310 Abs. 1 BGB.
§ 2 Conclusion of Contract
(1) If the order is to be considered an offer according to § 145 BGB, we may accept it within 5 business days by a confirmation of the order in written form. The time of receipt of the acceptance statement at the customer is decisive.
(2) We reserve the right to make a modified offer to conclude a contract to the customer (e.g., with different quantities or longer delivery times). In this case, a contract with us is concluded if the customer accepts our counteroffer to conclude a contract within 5 business days in written form and confirms it.
§ 3 Prices & Payment Terms
(1) Unless otherwise stated in the order confirmation, our prices are from business headquarters excluding packaging and shipping; these costs will be invoiced separately.
(2) Unless otherwise stated in the order confirmation or the parties have made a different agreement in written form, prepayment is agreed upon.
(3) The statutory value-added tax is not included in our prices; it is shown separately in the invoice at the statutory rate on the day of invoicing.
(4) Invoices are payable within 14 days from the date of the invoice without deductions, unless the parties have agreed otherwise in written form. Discount is only granted based on an explicit agreement.
(5) A payment term not agreed upon in written form must not exceed 14 days after receipt of the invoice. The legal regulations concerning the consequences of late payment apply. All costs caused by late payment, such as extension costs, protest costs, attorney fees, etc., are borne by the defaulting buyer. We reserve the right to demand cash payment or payment in advance until a positive credit report is obtained, or to withdraw from the contract. Credits are always granted after deducting the discounts and other reductions granted on the invoice amount.
§ 4 Delivery
(1) Mentioned delivery dates are not binding. The delivery period may be extended by the time until the buyer has provided all information and documents necessary for the execution of the order.
(2) In case of delivery delay, the period for the buyer to set a grace period is 2 weeks, starting with the receipt of the grace period notice at our premises.
(3) With the agreed payment method of prepayment, delivery takes place after receipt of the invoice amount.
(4) Delivery generally occurs plus shipping costs from the business headquarters.
(5) If the customer is in default of acceptance or culpably breaches other cooperative obligations, we are entitled to claim compensation for any damage incurred, including any additional expenses. Further claims remain reserved.
(6) If the conditions of paragraph (5) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the moment he is in default of acceptance or debtor's delay.
(7) We are liable according to the legal provisions, insofar as the underlying purchase contract is a fixed transaction in the sense of § 286 Abs. 2 Nr. 4 BGB or § 376 HGB. We are also liable according to the legal provisions if, as a result of a delivery delay for which we are responsible, the customer is entitled to claim that his interest in further performance of the contract has ceased.
(8) We are further liable according to the legal provisions, if the delivery delay is due to an intentional or grossly negligent breach of contract for which we are responsible; fault of our representatives or vicarious agents is attributed to us. If the delivery delay is not based on an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
(9) We are also liable according to the legal provisions, insofar as the delivery delay for which we are responsible is due to the culpable breach of a fundamental contract obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage.
§ 5 Transport Damages
(1) All deliveries travel at the risk of the customer/purchaser. The customer is required to have open transport damages confirmed by the carrier upon acceptance. The receipt for the damage must be submitted to us immediately.
(2) Open defects not confirmed cannot be recognized later and are also not insured. If there is a concealed transport damage or defect, it must be reported immediately in written form to the carrier and the claims for recourse must be registered with the carrier. Please provide us with the proof of the registration of the concealed defect immediately.
§ 6 Warranty for Defects
(1) Claims for defects by the customer presuppose that he has properly complied with his obligations to inspect and notify according to § 377 HGB.
(2) Insofar as there is a defect in the purchased item, the customer is entitled to choose between rectification of the defect or delivery of a new defect-free item. We can refuse the type of subsequent performance chosen by the buyer if it is only possible at disproportionate costs (§ 439 Abs. 4 BGB). In the case of rectification of the defect or replacement delivery, we are obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor, and material costs, as long as these do not increase because the purchased item was moved to a place other than the place of performance.
(3) If the subsequent performance fails, the customer is entitled to demand withdrawal or reduction at his choice.
(4) We are liable according to the legal provisions, insofar as the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. As long as no intentional breach of contract is imputed to us, liability for damages is limited to the foreseeable, typically occurring damage.
(5) We are liable according to the legal provisions, insofar as we culpably breach a fundamental contractual obligation; in this case, however, liability for damages is limited to the foreseeable, typically occurring damage.
(6) Insofar as the customer is entitled to claim compensation for the damage instead of the performance, our liability is limited to compensation for the foreseeable, typically occurring damage.
(7) Liability for culpable injury to life, body, or health remains unaffected; this also applies to mandatory liability under the Product Liability Act. Unless otherwise regulated above, liability is otherwise excluded.
(8) The limitation period for claims for defects is 24 months for new goods, calculated from the transfer of risk.
(9) The limitation period in the case of a delivery recourse according to § 478 BGB remains unaffected.
(10) The place of performance for the subsequent performance is our business headquarters.
§ 7 Total Liability
(1) Further liability for damages than provided for in § 6 is excluded – irrespective of the legal nature of the asserted claim. This applies particularly to claims for damages from negligence at the time of conclusion of the contract, due to other breaches of duty or due to tortious claims for compensation for material damages according to § 823 BGB.
(2) The restriction according to paragraph (1) also applies insofar as the customer instead of a claim for compensation for the damage claims compensation for useless expenditures.
(3) Insofar as the liability for damages towards us is excluded or restricted, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives, and vicarious agents.
§8 Retention of Title Security
(1) We retain title to the purchased item until all payments from the supply contract have been received. In case of contractual misconduct by the customer, especially in case of late payment, we are entitled to take back the purchased item. The taking back of the purchased item by us constitutes a withdrawal from the contract. After taking back the purchased item, we are authorized to utilize it, and the utilization proceeds are to be credited against the customer's liabilities – minus appropriate utilization costs.
(2) The customer is obliged to handle the purchased item carefully; in particular, he is obliged to insure it sufficiently at his own expense against fire, water, and theft damage at the new value. If maintenance and inspection work is necessary, the customer must carry it out at his own expense in due time.
(3) In case of seizures or other interventions by third parties, the customer must notify us immediately in written form so that we can file a lawsuit according to § 771 ZPO. To the extent that the third party is unable to reimburse us for the court and out-of-court costs of a lawsuit according to § 771 ZPO, the customer is liable for the loss we incurred.
(4) The customer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim arising from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. Despite the assignment, the customer is authorized to collect these claims. Our authority to collect the claim ourselves remains unaffected. However, we undertake not to collect the claims as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment, and no application for the opening of insolvency proceedings has been made or there is no cessation of payment. But if this is the case, we can demand that the customer informs us about the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents, and notifies the debtors (third parties) about the assignment.
(5) In case of contractual misconduct by the customer, especially in case of late payment or if contractual obligations are breached, we have the right to withdraw from the contract and demand the goods returned.
(6) The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items not owned by us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount including VAT) to the other processed items at the time of processing. For the item created by processing, the same applies as for the item delivered under reservation.
(7) If the purchased item is inseparably mixed with other items not owned by us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount including VAT) to the other mixed items at the time of mixing. If the mixing is done in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer assigns proportional co-ownership to us. The customer shall preserve the sole ownership or co-ownership for us.
(8) We undertake to release the securities to which we are entitled at the customer's request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is at our discretion.
§ 9 Place of Jurisdiction – Choice of Law - Place of Fulfillment
(1) If the customer is a merchant, our business headquarters is the place of jurisdiction; however, we are also entitled to sue at the customer's location.
(2) The law of the Federal Republic of Germany applies; the validity of the UN sales law is excluded.
(3) Place of fulfillment, also for a subsequent fulfillment, is our business headquarters.
§ 10 Customer Information for Contracts in Electronic Commerce
(1) We do not subscribe to specific and previously unmentioned codes of conduct.
(2) Possible input errors when placing your order in electronic commerce can be recognized and corrected with the deletion and modification function before sending your contractual declaration.
(3) Please refer to the individual product descriptions within the scope of our Internet offer for the essential characteristics of the goods offered by us and the validity period of time-limited offers.
(4) The language available for concluding the contract is German.
(5) Complaints and warranty claims can be submitted at the address mentioned above.
(6) The contract text is not saved by us and therefore is not accessible to you as a customer after the conclusion of the contract.
