General Terms and Conditions

§ 1 General Information, Scope

 

Our terms of sale apply exclusively; we do not acknowledge any conflicting or differing terms or conditions stipulated by our business partner unless we have explicitly confirmed the validity of the same in writing. Our terms of delivery and payment shall also apply even if we perform a delivery to our business partner without reservation despite knowing that the terms of delivery and payment of the business partner differ from our own.

The handling of all orders placed with us is always based on our acknowledgement of order, unless otherwise agreed in writing in individual cases.

Our terms of sale shall only apply vis-à-vis entrepreneurs as defined in § 310 Par. 1 German Civil Code.

§ 2 Quotation, Quotation Documents

 

If the order is to be qualified as an offer in accordance with § 145 German Civil Code, we can accept this offer within 2 weeks.

We hereby retain rights of ownership and copyright to illustrations, drawings, costing and other documents. Information contained therein does not represent warranted qualities, unless otherwise agreed in writing.

§ 3 Prices, Terms of Payment

 

Unless otherwise specified in our acknowledgement of order, our prices apply "ex works", packaging not included; this is charged separately.

The minimum order value is € 20.00 net.

Our prices do not include statutory value added tax; this is specified separately in the invoice at the current rate applicable on the date of invoicing.

Goods notified to be ready for shipping are invoiced immediately. The statutory provisions

regarding default of acceptance remain unaffected.

The orderer is only entitled to claim a setoff if his counterclaims have been recognised by declaratory judgement, are undisputed or have been recognised by us. Moreover, he is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

We have the right to assign our debts against the customer to a third party.

If the customer is in default of payment with a debt, a due date may be fixed for all remaining debts against the customer.

The customer has to pay all fees, costs and expenses that are incurred in connection with every successful legal prosecution against him outside Germany.

§ 4 Delivery

 

The delivery period specified by us begins when all technical questions have been clarified. A precondition for fulfilment of our delivery commitment is also the timely, adequate and orderly fulfilment of the commitment of the orderer. Subject to objection to the unfulfilled contract.

Should the orderer be in default of acceptance, or should he culpably infringe other duties of participation, we shall be entitled to demand compensation for any damage thus incurred, including any resulting additional costs. We reserve the right to make further claims.

If the loading or transportation of the goods is delayed due to a reason that the buyer is responsible for, we are entitled at reasonable discretion to store the goods, to take the appropriate measures deemed necessary to preserve the goods and to invoice the goods as if delivered; all this at the expense and risk of the buyer of the goods.

Insofar as the preconditions of Par. (4) prevail, the risk of accidental loss or accidental deterioration of the purchased product shall pass to the orderer as of the moment when he is in default of acceptance or in default of the debtor.

We accept liability in accordance with statutory provisions insofar as the purchase contract in question is a transaction for delivery by a fixed date as defined by § 286 Par. 2 No. 4 German Civil Code or § 376 German Commercial Code. We also accept liability in accordance with statutory provisions insofar as the orderer is entitled to assert that he is no longer interested in further fulfilment of the contract as a result of a delay in delivery for which we are responsible.

We also accept liability in accordance with statutory provisions insofar as the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; negligence by our representatives or vicarious agents is attributable to us. Insofar as the delivery contract is not based on an intentional breach of contract for which we are responsible, our liability for compensation is limited to predictable, typical damage.

We also accept liability in accordance with statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable infringement of an essential contractual obligation; in this case, however, our liability for compensation is limited to predictable, typical damage.

In other respects, the orderer is entitled to demand a standard compensation for default in the amount of 1 % of the declared value of the goods to be delivered for each complete week of the delay for which we are responsible, but not more than 3 % of the value of the goods.

 

Subject to further statutory claims and rights of the orderer.

§ 5 Passage of Risk

 

Unless otherwise specified in the acknowledgement of order, delivery is agreed as being "ex works".

Should the orderer so wish, we shall cover the delivery with a transportation insurance policy; the costs incurred for this shall be borne by the orderer.

§ 6 Warranty against Defects

 

A precondition for claims by the orderer based on defects is that the orderer must have duly met his requirement to examine and his requirement to make a complaint in respect of a defect immediately on receipt of the goods in accordance with § 377 German Commercial Code.

Should the purchased goods show a defect, the orderer is entitled, at his discretion, to demand rectification of the defect as subsequent fulfilment, or delivery of defect-free goods. In the event of rectification of defects, we are obliged to bear all expenses necessary for the rectification of the defect, in particular transportation, toll, labour and material costs, insofar as these costs are not increased by the purchased goods being shipped to a place other than the place of fulfilment.

If this subsequent fulfilment is unsuccessful, the orderer is entitled to demand withdrawal from the contract or reduction of the purchase price, at his discretion.

We accept liability in accordance with statutory provisions insofar as the orderer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, our liability for compensation is limited to predictable, typical damage.

Unless otherwise specified above, no liability can be accepted.

The period of limitation for claims based on defects is 12 months, as of the date of passage of risk.

§ 7 Total Liability

 

No liability for compensation other than that provided for in § 6 can be accepted - irrespective of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence during the conclusion of the contract, from other breaches of duty or from tortious claims for compensation for damage to property in accordance with § 823 German Civil Code.

Insofar as the liability for compensation is inapplicable or limited vis-à-vis us, this shall also apply with respect to the personal liability for compensation of our salaried employees, wage earners, staff, representatives and vicarious agents.

§ 8 Assurance of Reservation of Ownership

 

We hereby reserve ownership of the purchased goods until receipt of all accounts receivable arising at the point in time of the conclusion of this contract, including all accounts receivable arising from follow-up orders, repeat orders, orders for spare parts. If the orderer is in breach of contract, and especially if he defaults on payment, we are entitled to take back the purchased goods. Taking back the purchased goods does not mean that we have withdrawn from the contract, unless we state this explicitly. Attachment of the purchased goods by us always represents withdrawal from the contract. After we have taken back the purchased goods, we are entitled to exploit these, and the proceeds from said exploitation are to be credited to the liabilities of the orderer - less reasonable exploitation costs.

The orderer is obliged to take good care of the purchased goods; in particular he is obliged to adequately insure them for their value when new against damage caused by fire, water and theft. Insofar as maintenance and inspection work is necessary, the orderer must carry out this work in good time at his own expense.

In the event of attachment or other interventions by third parties, the orderer must inform us of this without delay in writing so that we can take legal action in accordance with § 771 German Code of Civil Procedure. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs for legal action in accordance with § 771 German Code of Civil Procedure, the orderer is liable for the losses incurred by us.

§ 9 Data protection

 

The internal data protection of the LKE Gesellschaft für Logistik- und Kommunikationsequipment mbH and their affiliated companies:

LP Unternehmensberatung
Eisborner Weg 80 b
58710 Menden
Deutschland.

E-Mail: dsb@remove-this.lp-office.de

Tel.: +49 2373 – 984934
Fax: +49 2373 – 984934

§ 10 Place of Jurisdiction, Place of Fulfilment, Notice of Data Storage and Processing

 

German law applies to the business relationship between us and the customer.

Insofar as the orderer is a merchant, the place of jurisdiction is our registered office; however, we are also entitled to sue the orderer at the court of his place of residence.

Unless otherwise specified in the acknowledgement of order, the place of fulfilment is our registered office.

The customerdetails will be stored in our database for further use.