General terms and conditions of business
1. Allgemeines und Geltungsbereich1. General and area of validity
The following terms and conditions of sale apply to all contacts made between the buyer and ourselves concerning the delivery of the goods. We will not recognise any conditions of the customer that contradict or differ from our own terms and conditions unless we had explicitly agreed in writing to their validity. The following terms and conditions of sale also apply if we carry out the order of the buyer without any reservations even if we had knowledge of conditions of the customer that contradicted or differed from our own terms and conditions.
Our terms and conditions shall also be valid for all future business transactions with the customer.
Approvals, codicils and changes and additions to these terms and conditions of sale must be in writing.
2. Offer and conclusion of contract
Our electronic, written or oral offers do not represent an offer within the legal sense but instead are to be regarded only as an invitation to the customer to place an order.
All offers are subject to confirmation and are not binding unless we have explicitly stated that they are binding
A contract is only made after a written order has come from the customer or an order confirmation by us, but in any case at the latest with the acceptance of the delivery by the customer.
3. Supplies and services
The content and scope of the supplies and services that we are obliged to render can be found on our shipping note.
Delivery due dates are not binding unless they had explicitly been agreed in writing as binding. The order confirmation is not an agreement of this type. If a delivery due date that had been made in writing is not met then the customer is to grant us a reasonable period of grace. If this period of grace has come to an end without any result then the customer is entitled to withdraw from the contract.
Reasonable partial deliveries are permissible.
Transport and other forms of packing and packaging in accordance with the German Packaging Law will not be taken back. The costs for the disposal of the packing and packaging are to be borne by the customer.
The goods shall be regarded as delivered in accordance with the contract in all respects at the time of shipping if the customer has accepted the goods.
4. Acceptance and checking of the delivery
The customer must immediately check the delivery for completeness, agreement with the shipping papers, and for any defects that are externally visible, and to immediately report to us in writing any discrepancies and defects that have been found. If there is visible transport damage or the quantities are incorrect in the delivery then this it to be noted in addition on the certificate of receipt of the transport company (in accordance with Article 438 of the German HGB [Commercial Code]. The delivery shall be regarded as having been made under the terms of the contract if a complaint is not made within 7 (seven) working days from the time of receipt at the customer.
5. Returns / warranty
All returns are only accepted subject to our checking and are to be notified in writing.
Complaints from the customer regarding defects assume that the latter have met their obligations under the German HGB [Commercial Code] for examination and notification. Any form of warranty is excluded when selling second grade goods.
There are no grounds for making a complaint if there are only insignificant deviations from the agreed property.
In the event of defects in the goods we provide a warranty, first of all and at our choice on the basis of repair (in the case of electrical equipment) or a new delivery.
Returns of defective electrical equipment within the period of warranty are to be made exclusively to our service point unless any other agreements have been made to the contrary.
In all this cases this return shipment shall be at the cost of the customer. The legally stipulated period of warranty has sole validity.
6. Prices / terms and conditions of payment
The prices stated by us in the order confirmation and the invoice are binding. They are to be regarded as being without VAT at the currently applicable rate.
Our terms and conditions of payment are to be regarded in accordance with the agreement made with the customer and in accordance with our currently valid price lists. In addition, they can be viewed on our invoices.
A payment shall only be regarded as having been made once it has arrived at our bank account.
If the customer does not meet the periods of payment that have been granted then we are entitled to charge default interest at the normal rates.
7. Retention of title
We retain title to ownership of the goods until all present and future claims arising out of our business connection with the customer have been paid in full, this also including our claims for outstanding accounts and all balance claims on the current account.
All agreements must be made in writing.
Verbal agreements shall only be valid if they have been confirmed in writing by us within 5 (five) days. An e-mail satisfies this requirement for the written form. The fact that ALUTEC does not exercise certain rights does not mean that these rights have been given up.
If any individual stipulations are invalid or unworkable this does not affect the validity of the other stipulations of these General Terms and Conditions of Business.
9. Place of fulfilment and court of law
The place of fulfilment for all obligations arising out of this contractual relationship is Munich.
The entire contractual relationship is subject solely to the law of the Federal Republic of Germany.
If one of these stipulations is invalid or unworkable, then the validity of the remaining clauses and of the contract as a whole shall not be affected.
ALUTEC MÜNCHEN GmbH
valid from 01.05.2008