AcuraSens
GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
1. scope of application
The following terms and conditions shall be binding and shall also apply to future similar transactions unless the contracting parties have expressly agreed otherwise in writing. Any terms and conditions of the contractual partner that deviate from or supplement these terms and conditions of delivery and payment shall not become part of the contract, even if we do not expressly object to them or the buyer declares that he only wishes to place the order on his own terms and conditions. In any case, the following conditions are recognised with the acceptance of deliveries and services of the seller.
2. offers
The Seller’s offers are subject to change unless a binding period is expressly mentioned. If the offers of the Seller’s suppliers change during the binding period, the binding period shall be deemed not to have been agreed.
The seller does not guarantee the compatibility of the materials used in the products with certain media. The selection is the sole responsibility of the user. The user must determine suitable materials for his application under the respective specific operating conditions. The seller can only make recommendations based on compatibility information and the manufacturer’s experience.
3. conclusion of contract
The contract is deemed to have been concluded when the seller has dispatched a delivery or a written order confirmation after receipt of the order.
Cancellation of the further execution of the order is no longer possible from this moment. In the event of cancellation of the contract, the seller shall be reimbursed for all costs incurred. If the buyer has not provided the data or equipment required for the execution of the order, has not provided it on time or has not provided it as agreed, or if the buyer has otherwise failed to fulfil its obligations, the seller shall be entitled to suspend the execution of all or part of the order and to charge the costs incurred as a result. An order is placed on the basis of the offerconfirmed. A retrospective audit sent specification sheets for correctness or conformity.
In addition, each of the parties is entitled to place an order without notice of default with immediate effect in writing, in whole or in part, if a provisional or final suspension of payments of the other party is applied for or granted, if the bankruptcy of the other party is applied for or granted, or if the other party’s company is liquidated and terminated in a manner other than in favour of reconstruction or merger. The seller shall never be obliged to refund any monies already received or to pay any compensation on account of such termination.
4. prices
4.1 Unless otherwise agreed, our prices are ex works, plus statutory VAT.
4.2 Should the cost prices and costs for the Seller change since the conclusion of the contract, the Seller shall be entitled to adjust the prices to the costs at the time of delivery, but must prove this to the Buyer.
4.3 In the case of repair orders, the services recognised as necessary and expedient shall be provided and invoiced on the basis of the costs incurred. This also applies to services and additional services whose necessity and expediency only become apparent during the execution of the order, whereby no special notification to the client is required. In the event of inefficiency, however, the consent of the client is required. to continue the repair.
4.4 If offers for repairs or an appraisal are requested and it is therefore necessary to dismantle the item and inspect the individual parts in order to determine the repair costs, the resulting costs, including any dismantling costs and the costs of sending personnel, shall be reimbursed, even if no order is placed.
5. delivery
5.1 Delivery dates or delivery periods, which can be agreed as binding or non-binding, must be stated in writing. Delivery periods begin with the Conclusion of contract. Werden nachträglich Vertragsveränderungen vereinbart, ist diese Frist oder dieser Termin erneut zu vereinbaren. Die Einhaltung der vereinbarten Lieferfrist gilt vorbehaltlich unvorhersehbarer oder vom Parteiwillen unabhängiger Umstände, wie beispielsweise alle Fälle höherer Gewalt, warlike events, official interventions, pandemics, energy shortages or labour disputes. The aforementioned circumstances shall also entitle the Seller to extend the delivery period if they occur at the Seller’s suppliers. The buyer shall not be entitled to claim damages if delivery or execution deadlines are exceeded.deadlines. The In this case, the buyer shall not have the right to cancel or terminate the order, unless the exceeding of the deadline is such that the client cannot reasonably be required to maintain the order.
5.2 If the dispatch of goods ready for despatch is not possible through no fault of the Seller, or is not desired by the Buyer or the goods are not accepted, the Seller may store the goods at the Buyer’s expense, whereby the delivery shall be deemed to have been made. This shall not affect the agreed terms of payment.
5.3 The Seller is entitled to make and invoice partial or advance deliveries, unless complete deliveries have been agreed. The Seller reserves the right to make changes to the design and form during the delivery period, provided that the function of the object of purchase is not significantly impaired and the change is reasonable for the Buyer.
6. payments
Unless otherwise agreed, payments are due net cash within 30 days of the invoice date; payments for services (such as repairs and/or service calls) are due within 10 days of the invoice date. days from the invoice date net cash, free to the seller’s paying agent. Payment shall be deemed to have been made on the day on which the seller receives the invoice amount without loss can dispose of. In the event of default of payment, subject to the assertion of further damages, can dispose of the goods. In the event of default in payment, we reserve the right to assert further claims for damages and to charge default interest at the usual bank interest rate for overdraft facilities. Offsetting against claims of the seller with counterclaims of any kind whatsoever is excluded.
In the event of default, the buyer shall be obliged to pay the intervention fees of a credit protection agency or lawyer in addition to the default interest. In the event of insolvency, the special discounts, rebates and bonuses granted shall lapse. If the Buyer is in arrears with the payment of an invoice, all its liabilities to the Seller shall become due immediately. After setting a grace period of 10 days, late payment shall entitle the Buyer to withdraw from any current contracts, even if they have already been partially fulfilled, without the Buyer being able to derive any rights against the Supplier.
7. transfer of risk
The risk shall pass to the buyer upon dispatch of the object of purchase by the seller at the time when the goods are dispatched by the first carrier (rail, post, forwarding agent). is accepted. This shall also apply to partial deliveries and if carriage paid delivery has been agreed. Insurance requests at the expense of the seller are excluded.
8. notice of defects
Exchanges or return shipments can only be accepted by prior arrangement. Complaints due to incomplete or incorrect delivery or complaints due to recognisable defects that were demonstrably caused before the transfer of risk, in particular due to faulty processing or poor material, must be made in writing immediately, at the latest 14 days after receipt of the goods. Functional defects that become apparent after this period must be reported immediately, but at the latest after 3 months. After this period, all warranty claims shall lapse.
9. warranty
The seller is liable for defects, including the absence of warranted characteristics, as follows:
9.1 The products offered are calculated and selected to the best of our knowledge on the basis of the information provided. System responsibility for the system is assumed by AcuraSens GmbH is excluded. Furthermore, any responsibility for the quality of further processing with regard to professional installation is excluded.
9.2 Unless otherwise agreed, the Seller warrants that the products supplied by it will work properly within the scope of the statutory conditions. Dies gilt in Bezug auf Material und Verarbeitung. Die Gewährleistung bezieht sich nicht auf Schäden, die nach dem Gefahrenübergang infolge improper handling, excessive strain and such chemical or physical influences that cannot be assumed under the contract.
9.3 If the purchaser or a third party has carried out modifications or repair work on the object of purchase, all warranty claims shall lapse. The operating instructions enclosed with the products are subject to the general provisions of the manufacturing companies. Compliance with safety regulations all r kind is subject to the buyer.
9.4 Further claims, in particular compensation for further damage that has not occurred to the delivery item itself and that may be incurred by third parties, are excluded.
10. service
Components sent in for servicing that may have come into contact with gas, liquid, radiation or other toxic or hazardous substances must generally be accompanied by a decontamination form completed by the operator.The devices must be provided with a declaration of decontamination and decontaminated. The decontamination form The form is provided by the seller.
11. reservation of title
The delivered goods remain the property of the seller until all outstanding claims arising from the existing business relationship have been paid in full.
If the surrender of the object of purchase is demanded on the basis of paragraph 1, the buyer is obliged to return the corresponding goods to the seller without delay. The costs of taking back and realising the item in question shall be borne by the Buyer. The buyer has the obligation to keep the object of purchase during d for the duration of the retention of title and to notify the seller immediately of any sale to third parties.
12. confidentiality clause
All offer documents and product information remain the property of the sellerWe also reserve our copyrights to these documents. These documents may not be made accessible to third parties unless prior authorisation has been given in individual cases. an express written commitment has been given.
13. data protection
The buyer agrees that all information necessary for the business relationship and can be used for sending electronic product information. The Seller in turn declares that the storage is used exclusively for the purpose of the business relationship and the dispatch of the product information and is GDPR compliant.
14 Place of jurisdiction & place of fulfilment
The exclusive place of jurisdiction for all claims arising from business relations with the seller is Vöcklabruck. Dies gilt auch für Wechsel und Scheckforderungen. Der gleiche Gerichtsstand gilt, wenn der Käufer keinen Gerichtsstand im Inland hat bzw. nach Vertragsschluss seinen Wohnsitz oder Aufenthaltsort ins Ausland verlegt hat bzw. selbiger unbekannt ist. Erfüllungsort ist Vöcklabruck, even if the handover was contractually agreed at a different location. If the claims arising from business relations are not negotiated at the place of jurisdiction Vöcklabruck due to a lack of jurisdiction, the nearest place of jurisdiction to Vöcklabruck shall be used.
15. severability clause
If any provision of these Terms and Conditions of Sale andIf a provision of these General Terms and Conditions is or becomes invalid, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to replace the invalid provision in good faith with a valid provision that is equivalent to it in terms of material and economic success, provided that this does not result in a material change to the content of the contract. The same shall apply if and insofar as loopholes are found in these sales and delivery conditions should be emphasised.
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