1. General provisions
All deliveries and services by AUER GmbH due to on-line orders or any other orders are subject to the following General Terms and Conditions.
Any deviant and/or additional agreements shall require the explicit approval of the managing board or an authorised person and have to be in writing; this also applies for any waiver of the written-form requirement.
As our offer applies for contractors only, no express contractual or legal right of cancellation applies and we grant no option to return received goods as would otherwise be available to private customers under the German Distance Selling Act.
2. Terms of delivery
Unless otherwise explicitly stipulated, the delivery dates provided in order confirmations are not binding.
AUER GmbH will stick to delivery dates as far as possible.
If delivery is not effected within the given period, the customer shall be entitled to set a deadline of at least 6 weeks. If AUER GmbH does not effect delivery within this new deadline, the customer shall be entitled to withdraw from the contract by giving a written notice.
AUER GmbH shall be entitled to withdraw from a contract if services become impossible by reasons beyond their control, especially in cases of force majeure, war, industrial dispute or non-performance of suppliers beyond the control of AUER GmbH..
The customer shall immediately be informed about the unavailability of the goods ordered and any payment already effected by him will immediately be refunded.
In the event that the recipient is unavailable to receive the order on the first delivery attempt, he himself shall be required to bear any resultant additional costs for second or subsequent delivery attempts or storage costs.
If it has been agreed upon prior that delivery shall be free of charge, the recipient is obliged, notwithstanding § 412 I HGB (German Commercial Code), to unload the goods. AUER GmbH is thus neither obliged to unload the goods they have delivered, nor to provide the necessary aids for the unloading.
AUER GmbH is entitled to make partial deliveries if this is deemed reasonable for the customer. Any additional costs incurred as a result of partial deliveries shall be borne by AUER GmbH.
In the event of any amendments made after dispatch (e.g. change of delivery address, request of additional services), we shall incur an additional charge currently of €15 (net) from the haulage company. Where such amendments after dispatch are made at the request of the customer, the customer shall be obliged to bear the resulting additional costs.
3. Passing of risk
The risk passes to the customer as soon as the goods have been passed on to the forwarder and have left our warehousing. This also applies in cases where transport costs are borne by AUER GmbH.
Claims for transport damage shall immediately be asserted by the customer directly to the forwarder or AUER GmbH within the applicable period.
Any shipment effected by the customer to AUER GmbH is carried out at the sole risk of the customer until the goods arrive at AUER GmbH. Especially the risk of transport is solely taken by the customer.
4. Terms of payment
All invoices of AUER GmbH have to be paid immediately and without any discount.
Cheques will only be accepted on account of clearance.
Any bank charges incurring with cheque payments shall be borne by the customer. The customer may only exercise a right to offset if his claims are not contested by AUER GmbH or have been established with final and binding effect by a court law. The customer may only exercise a right of retention if it is based on the same contractual relationship. The AUER GmbH is entitled to transfer claims of deliveries and accomplishments for finance purpose. In the case a customer is behind with a payment all the other claims are immediately payable without the necessity of giving notice of default.
Claims concerning the scope of delivery, product defects, wrong deliveries and varying quantities, shall be asserted in writing immediately – at the latest one week after receipt of the goods, if the claims can be noticed by reasonable inspection. Punctual dispatch suffices to comply with the time limit. After this period of one week, warranty for obvious defects shall expire. AUER GmbH gives a one-year warranty on new products starting from the delivery date of the goods. AUER GmbH will not give any warranty on used products if the customer is not a consumer. The limitations mentioned shall not apply if any defect has maliciously been concealed. In the event of any justified claim, AUER GmbH will deliver the missing articles, mend the goods respective or send new products. Warranty on any machines is limited to mending. Should the mending fail, the purchaser shall be entitled to withdraw from the contract or to reduce the price of the goods purchased in accordance with article 441 of the German Civil Code (BGB).
In the event of slightly negligent infringement of obligations by AUER GmbH, the liability shall be limited to the foreseeable, actual damage typical to the contract. This shall also apply for slightly negligent infringements of obligations by AUER GmbH’s vicarious agents. AUER GmbH is not liable for slightly negligent violations of non-substantial contractual obligation. The limitations on liability do not apply for claims of customers regarding product liability. The limitations on liability do not apply to costumer claims filed for damage due to loss of life, limb or health caused by AUER GmbH.
7. Reservation of title
Any product purchased shall remain the property of AUER GmbH until all contractual obligations are fulfilled. The reservation of title shall also be applied for all claims which AUER GmbH gains against the purchaser after delivery for example due to repairing or any other services rendered. During the period of reservation of title the purchaser shall be entitled to possess and use the goods purchased, as long as he timely fulfils his obligations regarding the reservation of title and his obligations of the contractual relationship. The customer is obliged to inform AUER GmbH about all information required to assert the rights in connection with the reservation of title.
8. Data processing
AUER GmbH is entitled to collect, save and process all necessary data and information regarding the customer required in the course of business relationship between the customer and AUER GmbH.
9. Severability clause
Should any of the provisions in these General Terms and Conditions be or become invalid, all other provisions of the General Terms and Conditions shall remain valid. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.
10. Miscellaneous provisions
The place of performance and the place of jurisdiction for all contracts is the registered office of AUER GmbH, if the customer is a merchant as defined in the German Commercial Code (HGB), a legal person or a publicly owned trust.
The AUER GmbH is entitled to take legal action at the place of jurisdiction of the contracting party. This agreement is subject to German law.
The commercial law of the United Nations shall not be applied.
Please note: Preconditon for an intra-Community supply excluding VAT is the submission of valid VAT number at the time of delivery the latest (according §§ 6a and 4 No 1b UStG as well as §§ 17a and 17b UStDV.) A subsequent submission does not entitle the customer to a tax exemption retrospectively.
T.: +49 (0)8075 91333-840
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