AUER Signalgeräte GmbH Sperberweg 4g - 41468 Neuss
General Terms and Conditions
( from 01.01.2019 )
1. GENERAL INFORMATION
Our offers, deliveries and other legal transactions are exclusively based on the following terms and conditions. Deviating agreements are only binding if they are confirmed by us in writing. Other conditions of the buyer, even if they are attached to the order or mentioned therein, are only binding to us if they have been explicitly accepted by us in writing. These terms and conditions shall also be understood as accepted for subsequent orders at the latest upon receipt of the goods or our performance.
Our offers are subject to change and non-binding. All information in our publications is not binding without written confirmation. All quotation and project documents may not be reproduced or made available to third parties without the consent of the seller. They may be reclaimed at any time and must be returned to the seller immediately if the order is placed elsewhere.
3. ORDER CONFIRMATION
Orders shall only become binding with their written confirmation. The same applies to agreements and assurances, including those of our representatives. Objections to our written confirmations must be made within 10 days. The information contained in catalogues, brochures and the like, as well as other written or oral statements, are only authoritative if they are expressly referred to in the order confirmation. Subsequent amendments and additions to the contract must be confirmed in writing to be valid.
The prices stated in our price lists are not binding and do not include value added tax. The prices on the day of delivery are decisive for all business transactions. We are entitled to increase prices due to increased costs. We shall be bound by offers made for a maximum of three months from the date of receipt. The prices are ex factory or ex warehouse of the seller excluding VAT, packaging, return and proper recycling and disposal of waste electrical and electronic equipment for commercial purposes within the meaning of the Ordinance on Waste Electrical and Electronic Equipment. If fees, taxes or other charges are levied in connection with the delivery, these shall be paid by Buyer. In the event of an order deviating from the overall offer, the Seller reserves the right to change the price accordingly.
The dispatch takes place from the central warehouse in Neuss. We select the most favourable means of transport and routes. If the buyer makes special arrangements, the resulting costs will be invoiced separately. The risk is transferable to the recipient when the goods leave the factory. We do not hold liability for loss or damage. Packaging and shipping within Germany will be charged at a standard rate, for deliveries abroad these will be increased by the transport costs of the carrier of our choice. The exact conditions are available on request. Unless otherwise agreed, the delivery of the goods is considered sold as EXW according to INCOTERMS® 2010.
6. DELIVERY PERIOD
The delivery period shall begin at the latest of the following dates: a. Date of order confirmation; b. Date of fulfilment of all technical, commercial and other requirements imposed on the Buyer; c. the date on which the Seller receives a deposit or security to be paid before delivery of the goods. Delivery periods are set by us in such a way that they can be met in the ordinary course of business. If unforeseeable circumstances occur, such as all cases of force majeure, which prevent compliance with the agreed delivery period, it shall in any case be extended by the duration of these circumstances; these include in particular armed conflicts, official interventions and prohibitions, transport and customs clearance delays, transport damage, energy and raw material shortages, labour disputes and the loss of a major supplier who is difficult to replace. These mentioned circumstances also allow for an extension of the delivery period if they occur at suppliers. In the event of delivery delays of more than 5 months, the buyer may withdraw from the contract by means of a written notification. Further claims for damages are excluded. Penalties are generally not accepted.
7. RETURN OF GOODS
Properly delivered goods can only be taken back with our prior written consent. For undamaged goods, we will deduct at least 20% of the net invoice amount or a flat rate of €25 for administration costs, inspection and repackaging. For damaged goods or goods with a net amount below EURO 25.00 no credit note will be issued.
Our invoices are to be paid within 30 days of the invoice date without deduction. For new customers we reserve the right to make advance payment arrangements. Existing customer relationships before these GTCs came into force remain unaffected by this regulation. Discounts are only granted on the net value of the goods. The buyer is not entitled to withhold payment, for example due to warranty claims, or to offset it against other counterclaims not recognised by us. If payment is not made in due time, we are entitled to demand interest at the usual bank rates, even without a reminder, without prejudice to further rights. If the buyer does not meet payment deadlines or if circumstances become known which reduce the creditworthiness of the customer, we reserve the right to deliver against cash in advance. Bonuses and credit notes will only be invoiced with the purchase of goods. Cash or cheques are not accepted.
The warranty period is 24 months. It does not extend to natural wear and tear, incorrect installation or improper handling. If there are justified complaints, we commit ourselves to free repair or replacement. If the defect has not been remedied by us within a reasonable period of time, the buyer has the right to withdraw from the contract. Further claims of the buyer are excluded. We shall only be liable for defects in the delivered goods and for the absence of characteristics assured in writing if these are asserted in writing and specified. Recognisable defects must be reported immediately upon receipt of the delivery, and unrecognisable defects immediately upon their discovery.
10. RESERVATION OF PROPRIETARY RIGHTS
The delivered goods remain our property until all claims arising from the business relationship have been paid in full. Until then, the business partner is not permitted to pledge the goods or assign them as security. Resale is only permitted in the ordinary course of business, but subject to reservation of ownership. The claims from the resale are transferred to us as security. At our request, the buyer is obliged to name the relevant buyers in the event of sale and to inform us of any access by third parties to goods which are our property. Any costs of an intervention shall be borne by the buyer. If the goods delivered by us are mixed, processed or combined with other items, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items.
11. PLACE OF EXECUTION AND JURISDICTION
Place of performance and jurisdiction is the registered office of AUER Signalgeräte GmbH. The contractual relations are subject to the law of the Federal Republic of Germany. In case of legal invalidity of individual provisions of these General Terms and Conditions, the contract between us and the buyer remains binding in its remaining parts. In place of the ineffective regulation, a regulation that is economically closest to this regulation shall apply. Alternatively, the validity of the legal regulation is agreed upon.