General terms and conditions of Power Connector Siebeneicher GmbH
Rahlstedter Grenzweg 11, 22143 Hamburg
The deliveries, services and offers of Power Connector Siebeneicher GmbH take place exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. These provisions are deemed to have been accepted upon receipt of the goods or services at the latest. General terms and conditions of business of the buyer, in particular purchasing conditions, are hereby expressly contradicted, i.e. they will not be recognized even if we do not expressly contradict them again after we have received them. Deviations from these terms and conditions are only effective if we confirm them in writing.
2. Deliveries and services
2.1. The offers and order confirmations of Power Connector Siebeneicher GmbH are subject to change and non-binding and are subject to delivery by our supplier.
2.2. Power Connector Siebeneicher GmbH is entitled to withdraw from contracts if facts arise that show that the customer is not creditworthy.
2.3. We set a minimum order value of 15 €. in advance. This minimum order value refers to the net value of the goods and excludes shipping and assembly costs. For orders below the minimum order value, a small quantity surcharge is therefore required, the amount of which results from the order value and the difference up to the minimum order value.
2.4. Technical and design deviations from Information in brochures, catalogs and written documents of the manufacturer, as well as model, construction and material changes in the course of technical progress and further development are reserved, without rights against Power Connector Siebeneicher GmbH being derived from this. < br />
2.5. Unless otherwise agreed, the prices include packaging, transport, freight insurance, including the sales tax applicable on the day of delivery from the warehouse in Rahlstedter Grenzweg 11 or for direct shipping from the German border or German port of entry.
2.6. Power Connector Siebeneicher GmbH expressly reserves the right to reasonable partial deliveries and their invoicing.
2.7. Agreed delivery dates are deemed to have been met if that The contractual product was handed over to the carrier on the agreed delivery date, unless otherwise expressly agreed in writing. If the dispatch of goods ready for dispatch is delayed for reasons for which Power Connector Siebeneicher GmbH is not responsible, the contractual products can be stored at the cost and risk of the customer.
2.8. Delivery dates specified by Power Connector Siebeneicher GmbH are non-binding and are subject to timely delivery and unforeseen circumstances and obstacles, regardless of whether these occur at Power Connector Siebeneicher GmbH or the manufacturer, in particular frequently Here violence, state measures, non-issuance of official permits, labor disputes of all kinds, sabotage, lack of raw materials, delayed material deliveries through no fault of our own. Such events extend the delivery date accordingly, even if they occur during a delay that has already occurred. Any grace period set by the customer in this case will also be extended by the duration of the unforeseen event. If Power Connector Siebeneicher GmbH is more than four weeks in arrears with a delivery, the customer can, after a period of grace set in writing, excluding other claims according to & sect; & sect; 280 ff. BGB to withdraw from the contract. A claim of the customer for damages due to delay in delivery is excluded in any case. Power Connector Siebeneicher GmbH reserves the right to withdraw from the contract if the delivery delay caused by one of the above events lasts longer than 6 weeks and Power Connector Siebeneicher GmbH is not responsible for this.
3.Testing and passing of risk
3.1. The customer has to check the goods immediately after receipt for completeness and conformity according to the invoice. If no written notice is given within 3 days, the goods are deemed to be in order. and delivered in full, unless it is a defect that was not recognizable during the examination.
3.2. Insignificant defects that the Functionality of the delivery item is not impaired, does not entitle the customer to refuse acceptance. hirer, his agents or other persons named by Power Connector Siebeneicher GmbH on the customer. This also applies if carriage paid delivery has been agreed. If the dispatch is delayed or impossible through no fault of Power Connector Siebeneicher GmbH, the risk passes to the customer upon notification of readiness for dispatch. If the goods are picked up by the buyer, the risk is transferred to the buyer with the notification of availability. The provisions of 3.3. also apply to returns after the defect has been rectified or paid service to the customer.
3.4. Exchange parts (AT parts) are carriage paid to Power within 7 calendar days Connector Siebeneicher GmbH to send back. The parts sent back must be complete and in a repairable condition. If this condition is not met, Power Connector Siebeneicher GmbH is forced to calculate the replacement price.
4. Reservation of title
4.1. The goods remain the property of Power Connector Siebeneicher GmbH (reserved goods) until they have been paid for in full. Any processing or processing is always carried out for Power Connector Siebeneicher GmbH as a manufacturer within the meaning of the & sect; 950 BGB, without obliging Power Connector Siebeneicher GmbH. When processing or combining the goods subject to retention of title with other goods, Power Connector Siebeneicher GmbH generally has a co-ownership share in the new item, namely in the case of processing in the ratio of the value of the goods subject to retention of title to the value of the new item, in the case of connection in proportion of the value to the value of the other goods. Should the customer become sole owner, he already grants us co-ownership in proportion to the stated values and keeps the item for us free of charge. If the goods resulting from processing or connection are resold, the following agreed advance assignment only applies in the amount of the value of the goods subject to retention of title.
4.2. In the event of access by third parties The buyer will point out the property of Power Connector Siebeneicher GmbH on the reserved goods and notify them immediately.
4.3. Device of the buyer in default of payment or if he culpably fails to meet other essential contractual obligations, Power Connector Siebeneicher GmbH is entitled to take back the goods subject to retention of title or, if necessary, to request the buyer's rights of return against third parties. The redemption takes place in principle at the current price, but at most in the amount of the original purchase invoice. There is no withdrawal from the contract in taking back or pledging the reserved goods, unless the Law on Payments applies.
5.1. Depending on the agreement, the invoices are payable in advance, cash on delivery, cash on delivery crossed check or transfer, unless otherwise agreed. Delivery is generally freight collect, ie at the expense of the buyer by parcel service, forwarding agent or his own vehicle, unless something else has been expressly agreed.
5.2. A payment is only considered to have been made when we can dispose of the amount. Checks are only accepted on account of performance and are only valid as payment after they have been cashed.
5.3. If the buyer is in default, we are entitled to charge interest on the basis of the & sect; 247 para. 1 BGB. Proof of greater damage by Power Connector Siebeneicher GmbH is permissible.
5.4. All claims are due immediately if the customer agrees. If one or more liabilities are in arrears, other essential obligations from the contract culpably not complied with or if we become aware of circumstances that are likely to reduce the creditworthiness of the buyer, in particular among other things suspension of payments, attachment. nability of a settlement or bankruptcy. In these cases we are entitled to withhold outstanding deliveries or only to make them against advance payments or securities.
5.5. The buyer is responsible for offsetting or to exercise a right of retention only if the counterclaims have been legally established or are undisputed.
5.6. If the customer withdraws from an order placed without authorization back, without prejudice to the possibility of higher actual damage, we can demand 10% of the sales price for the costs incurred in processing the order and for lost profit. The customer reserves the right to provide evidence of lower damage.
6.1. Is the matter defective in the sense of & sect; 434 BGB, the buyer can under the conditions of & sect; 437 section 1 of the German Civil Code (BGB). The item is defective if it deviates from the contractually agreed quality. If the quality is not contractually agreed, the item is free of defects if it is suitable for the use stipulated in the contract or if it has a quality that is customary for items of the same type and is approved by the buyer according to the Kind of thing can be expected. However, the parties are aware that, according to the state of the art, it is not possible to rule out defects in the products under all conditions of use.
6.2. In particular, defects or damage that are attributable to operational wear and tear, improper use, operating errors and negligent behavior on the part of the customer are excluded from the guarantee Incorrect current type or voltage as well as connection to unsuitable power sources, fire, lightning strike, explosion or network-related overvoltages, moisture of all kinds, incorrect or faulty program, software and / or processing data as well as any consumable parts, unless the customer can prove that these circumstances are not the cause of the reported defect. Furthermore, the guarantee does not apply if the serial number, type designation or similar markings have been removed or made illegible or if they are violated. against the manufacturer's guarantee provisions, if not already mentioned.
6.3. The statutory limitation period for new goods is 2 years and begins with the transfer of risk of section 3.3. The guarantee for used products, so-called B-goods items, is excluded.
6.4. Obvious defects must be immediate, ie be notified in writing by the buyer within 3 days at the latest without culpable delay. The statutory provisions apply to hidden errors. In the event of justified defects, Power Connector Siebeneicher GmbH has the choice between repair services or replacement delivery. Power Connector Siebeneicher GmbH can refuse subsequent performance if it is factually impossible or unreasonable or involves excessive costs. Power Connector Siebeneicher GmbH reserves a grace period of 4 weeks from delivery of the defective product for the subsequent performance. Only in the second place can the buyer either withdraw from the contract or reduce the purchase price. However, the buyer can only request cancellation of the purchase contract after the subsequent performance has failed twice. The buyer cannot withdraw from the contract if the defect is only minor.
6.5. In the event of a warranty claim, the defective part or device must and a precise description of the fault, including the model and serial number and a copy of the invoice with which the device was delivered, should be sent to Power Connector Siebeneicher GmbH for repair or delivered to it. The devices must arrive freely. Power Connector Siebeneicher GmbH refuses to accept devices that are sent freight collect. The exchange of parts, assemblies or entire devices does not result in any new warranty periods. The guarantee is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the devices to be repaired, the buyer must ensure that data on them that are essential to him are backed up by copies, as these can be lost in the event of repairs. Power Connector Siebeneicher GmbH assumes no liability for lost data and consequential damage.
6.6. In the case of repairs, the Power Connector Siebeneicher GmbH the labor costs. All other costs in connection with the repair service as well as the ancillary costs associated with a replacement delivery, in particular the transport costs for the replacement item, are borne by Power Connector Siebeneicher GmbH, provided these other costs are not in relation to the order value .
6.7. Replaced parts become the property of Power Connector Siebeneicher GmbH.
6.8. If the review of a notification of defects reveals that there is no warranty claim, Power Connector Siebeneicher GmbH is entitled to demand reimbursement for all expenses. The costs of the inspection and repair will be charged at the respectively valid service prices of Power Connector Siebeneicher GmbH. Otherwise, the current service conditions of Power Connector Siebeneicher GmbH apply.
6.9. In the case of repairs, Power Connector Siebeneicher GmbH can only provide a guarantee on those from which Power Connector Siebeneicher GmbH give replaced components.
7. Liability and further warranty
7.1. Power Connector Siebeneicher GmbH does not assume any guarantees of properties from the manufacturers and sub-suppliers. The same applies to advertising statements in manufacturer and supplier brochures. In this respect, claims for damages by the buyer - regardless of the legal reasons - are excluded. Power Connector Siebeneicher GmbH is also not liable for lost profit or other property damage of the buyer. The buyer's recourse according to & sect; 478 (5) BGB is excluded.
7.2. This exemption from liability does not apply if the cause of the damage is based on intent or gross negligence.
7.3. The above disclaimers and limitations do not apply to claims made in accordance with Product Liability Act. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.
8. Export and import permits
8.1. Products and technical know-how supplied by Power Connector Siebeneicher GmbH are intended for use and to remain in the delivery country agreed with the buyer. The re-export of contractual products - individually or in system-integrated form - is subject to approval for the buyer and is generally subject to the foreign trade regulations of the Federal Republic of Germany or the other delivery country agreed with the buyer. The buyer must himself inquire about these regulations according to German regulations. Regardless of whether the customer specifies the final destination of the delivered contractual products, it is the buyer's own responsibility to obtain any necessary approval from the relevant external economic authorities before exporting such products .
8.2. Any further delivery of contractual products by the buyer to third parties, with and without the knowledge of Power Connector Siebeneicher GmbH, requires the transfer of the export license conditions at the same time. The customer is liable for the proper observance of these conditions of Power Connector Siebeneicher GmbH.
9. EC import sales tax
9.1. If the customer is based outside of Germany, he is obliged to comply with the regulation of the import sales tax of the European Union. This includes in particular the disclosure of the sales tax identification number to Power Connector Siebeneicher GmbH without a separate request. The buyer is obliged to provide the necessary information on request with regard to his capacity as an entrepreneur, with regard to the use and transport of the delivered goods, among other things with regard to the statistical reporting obligation to Power Connector Siebeneicher GmbH.
9.2. The customer is obliged to reimburse all expenses - in particular a processing fee - incurred by Power Connector Siebeneicher GmbH from inadequate or incorrect information provided by the buyer on import sales tax. p >
10. Applicable law
10.1. The customer is entitled to assign his claims from the contract.
10.2. For the terms and conditions and the entire legal relationship between Power Connector Siebeneicher GmbH and the buyer is subject to the law of the Federal Republic of Germany. Only German law is applicable to the contractual relationships between the contracting parties. If the buyer is a merchant in the sense of the HGB or a legal person under public law, the FernAbsG (FernAbsG) as a pure consumer protection law does not apply. Hamburg is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. Furthermore, Hamburg Rahlstedt is the place of fulfillment as well as the place of delivery within the meaning of the packaging regulations.
10.3. Should one or more provisions of these general terms and conditions be ineffective or a regulation period will be required. contain, the contracting parties undertake to enter into negotiations with the aim of replacing or adding to the ineffective or incomplete provision that largely corresponds to the economic purpose of the intended provision. The validity of the remaining provisions remains unaffected.
10.4. The order processing within Power Connector Siebeneicher GmbH takes place with the help of automatic data processing. The customer hereby gives his express consent to the processing of the data that Power Connector Siebeneicher GmbH has become aware of in the framework of contractual relationships and that is necessary for order processing. The customer consents to Power Connector Siebeneicher GmbH using the data held from the business relationship with him in the sense of the Data Protection Act for business purposes of Power Connector Siebeneicher GmbH.