General Terms and Conditions of AKKU SYS Akkumulator- und Batterietechnik Nord GmbH valid as of 01 August 2018
§1 Scope of conditions
Deliveries, services and offers of the seller occur exclusively on the basis of these general terms and conditions. They are recognized as binding with the conclusion of contract, latest with the acceptance of goods or services. Any conflicting terms and conditions of the seller are explicitly excluded. Any subsidiary agreements, changes or supplements to the contract shall only be valid if confirmed in writing. Reconfirmations of the seller having regard to the seller’s business or purchasing terms and conditions are hereby refuted.
§2 Contract conclusion
Any offers included in brochures, advertisements etc. remain non-binding, also in terms of pricing. The designations and specifications at the time of contract conclusion represent the technical status at that time. The seller explicitly reserves the right to structural changes for deliveries within the framework of this contract, as long as such changes are not fundamental and do not significantly restrict the contractual purpose. Purchase contracts with a value of up to 2.000 Euro are concluded with the order of the customer, as long as AKKU SYS Akkumulator- und Batterietechnik Austria GmbH does not object immediately. Higher order values require an order confirmation by AKKU SYS Akkumulator- und Batterietechnik Austria GmbH to conclude the contract.
§3 Pricing, terms of payment
The agreed prices shall apply for purchase contracts. All prices are excl. applicable VAT and shipping costs, unless agreed differently in writing. Invoices are due immediately and to be paid net and without deductions. Payment shall be considered made once AKKU SYS Akkumulator- und Batterietechnik Austria GmbH can dispose of the amount in question. In case of payment delay, we are entitled to charge default interest 5% above the respective base interest rate.
§4 Delivery times
Any specified delivery times are non-binding. Where the seller is in default, the purchaser may withdraw from the contract as per the following conditions or demand compensation due to failure of performance. The grace period to be set by the seller is 2 weeks which begins with the seller being informed of such a grace period. The purchaser may only demand compensation for failure of performance if the seller has caused the damages with intent or gross negligence. The delivery period shall extend by the period required for the seller to hand over all the information and documentation necessary for contract performance. In case of an incorrect address or if the packages cannot be delivered, the delivery period is automatically extended. The purchaser shall bear the costs for providing an incorrect address.
§5 Warranty and liability
The warranty for the services and supplies provided by us are initially restricted to the right to rectification or a replacement delivery. Where rectification or replacement deliveries fail, the customer shall be entitled to reduce the remuneration and/or purchase price or withdraw from the contract. This is only possible after the second failed attempt. In case of maloperation and improper use of the goods, the customer shall bear the costs of the rectification and/or of the repair. Incidentally, the warranty shall follow applicable legal regulations. The legal warranty term is 2 years and begins with the delivery of the purchased goods. Additional warranty claims towards the manufacturer of the delivered goods may exist where the manufacturer has issued a warranty promise for the product. The scope is determined by the content of the warranty promise issued by the manufacturer. In this respect, we would like to mention that the warranty conditions of the manufacturer may deviate from the applicable warranty conditions depending on the country of delivery to the consumer.
§6 Reservation of proprietary rights
Sold objects shall remain the property of the seller until full payment of the purchase price has been made. The proprietary right to the object shall only be transferred to the purchaser once the purchase price has been paid in full. The purchaser is obligated to not dispose of the object through sale, pledge, lease, rental or in any other way until the purchase price has been paid in full. The purchaser is obligated to inform the seller immediately if the object was pledged by a third party or claimed in any other way. All judicial and extrajudicial costs required to remove pledges and retentions or for obtainment of the object are to be borne by the purchaser where the purchaser has caused the inception of such costs. The purchaser is obligated to treat the property properly and ensure proper cleaning as long as the proprietary rights have not been transferred.
Invoices of the seller are to be paid immediately and without deductions, subject to any other written agreement. Unless agreed otherwise, the mode of payment shall be prepayment, payment on delivery by DHL or GLS or cash payment at the time of retrieval of the object.
§ 8 Place of fulfillment, jurisdiction
Where the purchaser is a merchant, legal entity under public law or a public special asset, the headquarters of the seller shall be the place of jurisdiction for any possible disputes resulting from the contract and the associated legal relations for both parties. AKKU SYS Akkumulator- und Batterietechnik Austria GmbH is also entitled to bring action against the purchaser at the location of the purchaser. Should one of the provisions of these GTC or of the delivery contract prove to be invalid, the other provisions shall remain unaffected and continue to be valid. German law under exclusion of the German international purchase law shall apply for all deliveries, also for those made across borders.
§9 Non-acceptance by the purchaser
Where the customer does not accept delivery and withdraws from the purchase agreement, the customer shall bear the incurred costs. We hereby exclude UN purchase law; German law shall apply.