General terms and conditions of AS-EC Industrieelektronik
- 1. Validity of the conditions
- 2. Delivery times, partial deliveries
- 3. Delivery, transport, risk bearing
- 4. Conclusion of contract
- 5. Warranty, inspection obligations
- 6. Retention of title
- 7. Payment, late payment
- 8. Foreign trade law
- 9. Place of performance, place of jurisdiction
- 10. Software, literature
- 11. Applicable law, data protection, effectiveness
1. Validity of the conditions
(a) The following general business relationships apply to all legal transactions, deliveries and services that are concluded between the customer and AS-EC Industrieelektronik without the simultaneous presence of the customer and our employees (e.g. by means of an electronic ordering system, e-mail, fax, telephone order, letter).
(b) Unless other terms and conditions are expressly recognized in writing, our terms and conditions apply exclusively; other conditions are not part of the contract, even if they are not expressly contradicted - their inclusion is also contradicted for the future.
(c) Deviations from and changes to the General Terms and Conditions only become effective with written confirmation from the owner, H. Vollmer. Employees / representatives are not authorized to verbally agree on changes, promises or guarantees.
2. Delivery times, partial deliveries
(a) If the non-compliance or delay in an agreed delivery period is due to force majeure, labor disputes, fire, unforeseen obstacles or other circumstances for which AS-EC Industrieelektronik is not responsible, the delivery period will be extended for the duration of these events. This applies accordingly in the event that AS-EC Industrieelektronik is in default of delivery when one of these events occurs.
(b) If the delivery date is not adhered to for reasons other than those mentioned in section 2 a), the customer is only entitled to withdraw from the contract, provided the contractor is responsible for the delay. For the customer to withdraw from the contract, it is necessary that he has given AS-EC Industrieelektronik a reasonable grace period of at least 4 weeks with a threat of rejection.
(c) In commercial business, AS-EC Industrieelektronik is entitled to make partial deliveries, provided that this does not inappropriately affect the interests of the customer.
(d) Unless a separate delivery date has been specified, the standard delivery time is 3-5 working days, but no later than 30 days. In the event of delivery delays beyond the normal delivery time, we will inform you immediately.
3. Delivery, transport, risk bearing
(a) If goods are sent to the customer, the risk is transferred to the customer when they are handed over to the transport company. This also applies if partial deliveries are made or AS-EC Industrieelektronik provide additional services, e.g. B. transport costs or delivery has taken over.
(b) By handing it over to the transport company, AS-EC Industrieelektronik is released from its obligation to perform. Unless otherwise agreed, the goods are transported at the risk and for the account of the customer. In the absence of a corresponding specification by the customer, the transport company will be determined by AS-EC Industrieelektronik under exclusion of liability for the choice of the cheapest and fastest shipping method.
(c) If the customer is in default of acceptance, AS-EC Industrieelektronik is entitled to demand the damage it has incurred, whereby the customer reserves the right to provide evidence of lower damage.
(d) AS-EC Industrieelektronik will only take out transport insurance if specifically instructed in writing at the customer's expense.
4. Conclusion of contract
(a) All offers from AS-EC Industrieelektronik are non-binding. A contract is only concluded with an order confirmation or delivery by AS-EC Industrieelektronik.
(b) AS-EC Industrieelektronik only becomes a contractual partner if it is not expressly stated during the ordering process via the Internet that no offer is made to third-party companies.
(c) If delivery and shipping costs are incurred, these will be shown separately in the specific offer. This also applies in particular to deliveries abroad, whereby any customs costs incurred are borne by the buyer and are charged separately.
(d) Individual offers are shown on a case-by-case basis. All our prices are net prices plus statutory sales tax and plus shipping costs.
(e) The buyer is obliged to examine the delivered goods after delivery or handover and, if a defect becomes apparent, to notify AS-EC Industrieelektronik immediately. If the buyer fails to report, the goods are deemed to have been approved. AS-EC Industrieelektronik reserves the right to refuse the cancellation of incorrectly ordered goods by the buyer. We hereby object to any regulations and reservations made by the buyer to the contrary.
5. Warranty, inspection obligations
(a) Within the scope of the following provisions, AS-EC Industrieelektronik assumes liability for the duration of the statutory warranty periods for deliveries and services to be free from defects in the legal warranty sense.
(b) Obvious defects must be reported in writing no later than 8 days after receipt of the delivery. In commercial business it is necessary that the commercial customer has properly complied with his inspection and complaint obligations specified in §§ 377, 378 HGB.
(c) The warranty does not cover defects and damage that are causally related to the fact that the customer has not complied with the regulations on installation, hardware or software environment or use or conditions of use, unless the customer can prove that these circumstances have not been observed are the cause of the reported defect.
(d) If there is a defect in the delivery or service, AS-EC Industrieelektronik is entitled, at its own discretion, to either remedy the defect or make a replacement delivery. In order to prevent data loss in the event of repairs or defects in the goods, it is recommended to carry out regular data backups, as liability for such consequential damage is excluded. This exclusion of liability does not apply to intent or gross negligence on the part of AS-EC Industrieelektronik. If AS-EC Industrieelektronik is not ready or unable to remedy the defect / replacement delivery, or if the defect / replacement delivery fails at least twice, or if the replacement delivery or remedy is unreasonable for the customer, the customer is entitled to withdraw from the contract to make (conversion) or to demand a corresponding reduction in remuneration (reduction).
(e) In order to ensure the fastest possible processing, the return of the goods should be accompanied by a copy of the invoice / delivery note and a detailed description of the error.
(f) In this context, the customer should properly return the goods complained about, if possible in their original packaging, to AS-EC Industrieelektronik. No liability can be accepted for damage caused due to improper packaging by the customer.
(g) The processing of unjustifiably asserted warranty or guarantee claims takes place against calculation of the expenses incurred by us. AS-EC Industrieelektronik reserves the right to pass on the flat-rate costs of its suppliers in these cases.
(h) Goods that the customer did not purchase from AS-EC Industrieelektronik will be returned unprocessed and freight collect (or for a reimbursement of shipping costs).
6. Retention of title
(a) The delivered goods remain the property of AS-EC Industrieelektronik until all claims from AS-EC Industrieelektronik have been paid in full, including interest, financing costs and other ancillary costs.
(b) The customer hereby assigns to AS-EC Industrieelektronik claims and remuneration claims to which he is entitled with regard to the reserved goods (e.g. from tort, insurance claims) in the amount of the invoice value of the reserved goods.
(c) The goods subject to retention of title owned by AS-EC Industrieelektronik must be insured against fire, water, theft and burglary for the duration of the retention of title in commercial transactions. The rights from this insurance are assigned to AS-EC Industrieelektronik, which accepts the assignment.
(d) The goods may neither be pledged nor assigned by way of security without the consent of AS-EC Industrieelektronik. The customer must immediately notify AS-EC Industrieelektronik of any seizure or other encumbrance by third parties and provide AS-EC Industrieelektronik with the help necessary to safeguard their rights.
(e) In commercial business dealings, the customer is entitled to resell the goods subject to retention of title in the ordinary course of business, unless they were delivered to the end customer. The customer in commercial transactions already assigns his claims from the resale of the goods subject to retention of title and, in the event of insolvency proceedings over the assets of a customer, his rights to segregation and segregation up to the amount owed to AS-EC Industrieelektronik as a precautionary measure.
7. Payment, late payment
(a) The customer will make payments for his orders in the accepted payment methods. The payment methods that are shown as payment options are accepted.
(b) Payments must be made free of charge and free of charges to the bank accounts of AS-EC Industrieelektronik specified on the invoice, whereby bills of exchange and checks are only accepted on account of performance.
(c) AS-EC Industrieelektronik is entitled to freely choose the form of invoice transmission; Invoices can be sent by post or electronically by email. Compliance with the statutory provisions is guaranteed.
(d) The customer can only offset claims made by AS-EC Industrieelektronik with undisputed or legally established claims.
(e) In commercial business transactions, a right of retention and a right to refuse performance of the buyer are excluded, with the exception of undisputed or legally established counterclaims.
(f) AS-EC Industrieelektronik is entitled to charge a reminder fee of EUR 5.00 for each written reminder from the customer. The customer bears the bank charges for unauthorized return debits for which he is responsible.
8. Foreign trade law
(a) The delivered goods may contain components and / or software that are subject to the export control regulations of the European Community, the Federal Republic of Germany and the export control regulations of the United States of America. The customer undertakes to observe the export control regulations of the above-mentioned countries and not to deliver to the critical countries mentioned therein, to critical recipients or to critical end-uses.
9. Place of performance, place of jurisdiction
(a) For all claims arising from the contractual relationship between the customer and AS-EC Industrieelektronik, the place of performance is the headquarters of AS-EC Industrieelektronik.
(b) Insofar as the customer is a registered trader within the meaning of the HGB, a legal entity under public law or a special fund under public law, Hagen is the exclusive place of jurisdiction for all disputes arising directly and indirectly from the contractual relationship.
10. Software, literature
(a) For the delivery of software or literature, the special licensing and other conditions of the manufacturer apply subsidiary and in addition to these terms and conditions. With the acceptance of the aforementioned goods, their validity is expressly recognized.
11. Applicable law, data protection, effectiveness
(a) The law of the Federal Republic of Germany applies, whereby the application of the uniform international sales law (UNCITRAL agreement) is excluded.
(b) AS-EC Industrieelektronik is entitled to electronically save the data provided by the customer and to process it further for internal purposes. The erasure of data requires the written form. AS-EC Industrieelektronik is then entitled to pass on customer data resulting from the contract documents to third parties, in particular to credit institutions and contractual partners, insofar as this is necessary for order processing. The applicable data protection regulations are observed by AS-EC Industrieelektronik.
(c) Should one or more provisions be ineffective, this does not affect the effectiveness of the remaining provisions.
(d) Changes and additions to this contract must be in writing.