1. Scope of application
Deliveries, services and offers of the seller are made exclusively on the basis of these terms and conditions. Upon the acceptance of the goods or service, these conditions shall be deemed accepted. The customer’s counter-confirmations referring to his terms of business are hereby contradicted. Any deviations from these terms and conditions must be in writing. Orders require the written confirmation of the seller to be legally effective.
The price is stated in Euro plus VAT. Our prices are ex works of the seller, excluding freight, customs, postage, packaging and insurance costs.
3. Terms of payment
All payments must be made in euro. Invoices are payable immediately without any deduction, unless otherwise agreed. A payment is only deemed to have taken place if the seller has the amount at his disposal. The seller reserves judgment as to whether and to what extent bills of exchange or cheques are accepted. Acceptance is always made only for payment and does not include an agreement. Costs of cheques, as well as discount and exchange charges are at the expense of the buyer and are due immediately. If the payment conditions are not met, the purchaser declares his willingness to accept the bank interest and costs incurred by the seller. For the preparation of reminders, a fee of EUR 5.00 per reminder will be charged from the second reminder. The buyer is entitled to offset only if the counterclaim is undisputed or legally established. If a substantial deterioration occurs in the purchaser’s assets or is subsequently known, then the seller is entitled to pay the entire residual debt or to require advance and / or security payments.
Delivery dates or deadlines, which can be agreed bindingly or without obligation, require the written form. Subject to the receipt of all documents necessary for the execution of the order, they shall be valid at the seller’s premises. The seller is not responsibly for delivery and performance delays due to force majeure and due to events which make it considerably more difficult or impossible for the seller to make the delivery. They entitle the seller to postpone the delivery by the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled. If the delivery time is extended or the seller is released from his obligation, the buyer can not derive any claims for damages from this. The seller is entitled to partial deliveries or partial services at any time.
5. Shipping and transfer of risk
The risk passes to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the seller’s premises for dispatch.
If the delivered item is defective or if it is not guaranteed or if it is damaged within the warranty period due to manufacturing or material defects, the seller will, at his choice, provide replacement or repair. Multiple repairs are allowed. If the seller’s operating or maintenance instructions are not followed, changes are made to the products, parts are replaced, or consumables are used which do not correspond to the original specifications, any warranty will be void. The statutory limitation period for warranty claims begins with the transfer of risk.
7. Limitation of liability
The seller is liable in full for damage caused by intentional or grossly negligent breaches of contract caused by himself or by a legal representative or an agent acting on their behalf. In the case of simply negligent breaches of contract, the seller is only liable if the contract is essential for the performance of the contract. Claims for damages are excluded insofar as the damage was not caused by intentional or grossly negligent behavior of the seller, a legal representative or an agent acting on their behalf or by the violation of a duty essential for the performance of the contract. Any liability is limited to the foreseeable damage at the time of the conclusion of the contract and comprises at most the value of the object of the contract.
8. Changes to the hardware design and / or software
The seller reserves the right to make changes to the hardware design and the software belonging to the respective delivery item at any time without prior notice. However, the seller is not obliged to make such changes to products already delivered.
Drawings, concepts, illustrations and other technical documents and documents which are handed over to the buyer with an offer remain the property of the seller. If the contract is not concluded, they must be returned without delay. They may neither be duplicated nor made accessible to third parties. Any disassembling, decompilation or re-engineering of delivered hardware and / or software components constitutes a breach of the license agreement. Copies of the software may only be produced for backup purposes. In the event of a breach of the license agreement, a contractual penalty of 5 times the order value is due. This shall not affect the other rights of the Seller. All delivered products may only be used to the extent agreed upon and for the agreed purpose.
The Purchaser is solely responsible for the compliance, obtaining and payment of any necessary permits for the operation and use of the purchased goods.
11. Proprietary reservation
We retain ownership of the goods delivered by us until the purchase price is paid. If the buyer is an entrepreneur or a merchant, we reserve the right to ownership of all goods delivered by us until payment of our total requirements from the business relationship. In this case, the purchaser shall, in the event of the conclusion of the purchase contract, assign in full the sum of the claims due to him from the sale or any other legal ground against his customer with all subsidiary rights.
12. Place of Performance and Jurisdiction
The law of the Federal Republic of Germany applies to the entire legal relationship between the parties. Court of jurisdiction for all disputes is Montabaur.
13. Online dispute resolution
Information on online dispute settlement: Since the first quarter of 2016, the EU Commission has provided an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform is intended as a point of departure for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts. The OS platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
advanced audio applications
53545 Linz am Rhein
Jürgen Kindermann, dipl. Informatiker
AG Montabaur Bonn
USt-Id. Nr. DE271540247