General Terms & Conditions (T&C) for the online spare parts business
1. Offer and conclusion of contract
a
The offer in the electronic media is subject to our confirmation. It does not constitute a binding offer on our part. As a result we do not assume any procurement risk. We reserve the right to remove products from the range or to replace them, and to change product properties.
b
The information, illustrations, details of weight or dimensions or other technical data contained in our online offer, as well as DIN standards, VDE norms or data to which reference is made, do not constitute guarantees (warranties). Instead, it is merely information about properties and condition, which may be corrected at any time until the contract is concluded. Technical information contained in offers only constitutes a guarantee if it is expressly designated as a guarantee or warranty. In all other respects it is only information about properties and condition.
c
The customer's order is a binding offer on his part. We may accept this offer within 14 days after receipt of the order, by confirming the order in text form.
d
All customer data collected in the course of registration or order placement is stored by us and used for the purposes of processing the order and for customer care.
2. Transfer of risk
a
Unless agreed otherwise, the goods are sent on the request of the customer to the delivery address specified by him (mail-order purchase as defined in Section 447 BGB [German Civil Code]). Risk passes to the customer as soon as the item has been delivered to the freight forwarder, carrier or other person or establishment assigned to carry out the shipment, even when the goods are dispatched from a warehouse or, in a case where the goods are delivered directly from a wholesaler to the customer, when the goods are dispatched from our pre-supplier's warehouse. At the customer's request we can take out transport insurance at his expense.
b
If dispatch is delayed due to circumstances for which the customer is responsible, risk shall pass to the customer from the date on which notification is given that the goods are ready for dispatch.
c
Delivered items shall be accepted by the customer even if they have insignificant defects, without prejudice to his rights in relation to defects.
3. Reservation of title
a
The delivered goods remain our property until the purchase price has been paid in full. The customer is obliged to inform us immediately of any access by third parties to the goods subject to reservation of title, in particular compulsory enforcement or other confiscation, and of any loss or damage that has occurred to the goods subject to reservation of title. If the goods are sent to a country in which the aforementioned reservation of title is not effective to the full extent, the customer is obliged to provide us with equivalent collateral.
4. Delivery, delay
a
We reserve the right to make partial deliveries.
b
We are liable to the customer in the event of delay in delivery in accordance with statutory provisions, if such delay is due to wilful or grossly negligent breach of contract for which we are responsible. In this respect any fault by our representatives or vicarious agents shall be attributable to us. Our liability is limited to the foreseeable loss that typically occurs if the delay in delivery is not due to wilful breach of contract for which we are responsible.
In the event that a delay in delivery for which we are responsible is due to culpable breach of a material obligation under the contract, whereby any fault by our representatives or vicarious agents shall be attributable to us, we shall be liable in accordance with statutory provisions with the proviso that in this case, liability for compensation is limited to the foreseeable loss that typically occurs.
Any more extensive liability for delay in delivery for which we are responsible is precluded. This does not affect the customer's further statutory claims and rights to which he is entitled in addition to the compensation claim resulting from delay in delivery for which we are responsible.
c
If the customer delays in accepting the goods, we
shall be entitled to demand compensation for the resulting loss and any
additional expenses. The same shall apply if the customer culpably breaches
obligations to cooperate. On the occurrence of default of acceptance or
default of debtor, the risk of accidental deterioration or accidental loss
shall pass to the customer.
5. Payment terms, prices
a
Applicable are the net prices in Euro that are stated
in our online offer on the order date, plus statutory VAT at the rate applicable
on the invoice date.
b
All deliveries are ex works. The shipping expenses
that we actually incur shall be invoiced to the customer.
c
Our invoices are due for payment 30 days after invoicing,
without exception. Cheques and drafts are accepted by us only on account
of performance. Payment is deemed only to have been made when credited to
our account. We do not take bills as payment.
d
The customer is only entitled to offset claims if his counterclaims are established with legal effect, undisputed or recognised by us. Rights of retention on the part of the customer exist only in respect of counterclaims arising from the same contractual relationship.
e
In the event of default of payment by the customer,
we reserve the right to process orders against cash-on-delivery or payment
in advance.
6. Warranty and liability
a
The warranty covers faultless materials, proper workmanship
and flawless functioning of the electronics and firmware. In this respect
the warranty terms of the respective manufacturer shall apply. The following
are excluded from warranty: wear and tear, as well as damage resulting from
force majeure, deficient maintenance, rough improper handling, or overload.
Our warranty obligation shall lapse if third-party personnel are engaged
to repair electronics or firmware that had been supplied.
b
We shall pay compensation, on whatever legal grounds,
only to the following extent:
- in the event of wilful intent and on assuming a guarantee regarding
the agreed quality, in the full amount;
- in the case of gross negligence, in the amount of the typical and
foreseeable loss that should have been prevented by duty of care;
- in other cases, only in the event of breach of a material obligation
under the contract and in the case of delay. In this respect, compensation
is payable for the typical and foreseeable loss, limited to the liability
insurance policy that we hold. The terms and conditions of this policy
can be inspected at our offices.
c
This does not affect statutory liability in the event
of personal injuries and under the German Product Liability Act [Produkthaftungsgesetz].
The objection of contributory negligence is open to us. Insofar as permitted
by law, liability is limited to the scope of cover provided by our commercial
third party liability insurance, both in respect of the conditions and the
amount. The basis for our commercial third party liability insurance is
the general terms and conditions for liability insurance policies (AHB).
The amounts covered by liability insurance are as follows:
- EUR 1,000,000.- overall for personal injuries, property damage and
financial losses
- EUR 1,000,000.- per damage event for financial losses resulting from business interruptions / loss of earnings, any two events and in the aggregate p.a.
- EUR 1,000,000.- per damage event for processing damages, any two events and in the aggregate p.a.
- EUR 1,000,000.- per damage event for product and financial losses (defective hardware), any two events and in the aggregate p.a.
d
The customer is only entitled to offset claims if
his counterclaims are established with legal effect, undisputed or recognised
by us. Rights of retention on the part of the customer exist only in respect
of counterclaims arising from the same contractual relationship.
e
In the event of default of payment by the customer,
we reserve the right to process orders against cash-on-delivery or payment
in advance.
7. Period of limitation
a
Claims by the customer on account of material defects
or defects of title shall become time-barred within one year from delivery.
If the defect of title consists of a third-party right in rem, on the basis
of which the goods may be required to be surrendered, the statutory periods
of limitation shall apply.
b
A limitation period of one year from the statutory
start of the limitation period shall apply to other claims by the customer
arising from the contract and from any contractual obligation. Claims shall
become time-barred no later than on expiration of the maximum statutory
periods.
c
In the case of personal injuries as well as wilful
intent and gross negligence, the statutory periods of limitation shall apply.
8. Jurisdiction clause and choice of law
a
The place of jurisdiction is Munich. German law shall
apply.