General Terms and Conditions
General Terms & Conditions of the FuehlerSysteme eNET International GmbH
1. The following Terms and Conditions shall apply to enterprisers for the purposes of §14 German Civil Code for whom the purchase is a legal business in exercise of its commercial or independent activity.
Exclusively these general terms and conditions shall apply to all business relations.
Conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions cannot be accepted, unless approved of by us in writing in individual cases.
Our Terms and Conditions shall apply to the delivery to the customer even we take note of conflicting conditions of the customer or conditions differing from those indicated in our General Terms and Conditions
2. The customer renounces information according to §312 e I. No. 2 German Civil Code as amended
3. The range of products and the corresponding descriptions are complited by us with the high diligence. Nevertheless, we assume no liability for possible aberrations, technical changes in the goods and the persistent ability of delivery of all goods. Our offers are open offer. Provided that confirmations of order are sent by us, these are authoritatively for the contract contents
II. Formation of Contract
1. We deliver the goods ordered by the customers after prompt electronic order acceptance, according to performed conditions and delivery times.
2. Exclusively the prices given in the goods basket shall apply to orders in the e-commerce.
3. We strive to provide an error-free website, including prices, product information, product specifications and product availability. As such, we reserve the right to correct any errors as they are discovered. The customer will be informed immediately and can confirm the modified order. Otherwise we are entitled to cancel the contract. Already received payments will be remunerated.
III. Prices and Discounts
1. The mentioned list prices are ex works Nuremberg exclusively packaging and transport costs plus the applicable VAT.
2. A discount grading is done by appointment only and may be regraded by us at any time.
IV. Terms of Payment
1. You can select as corporate clients (also as freelancer) between prepayment (see below 2.) and on invoice.
2. When paying in advance, the deadline for delivery begins on the day after the payment order has been issued to the transferring bank.
3. Our demands become due immediately. If the customer is in default of payment, we shall be entitled to charge default interest at a rate of 8% above basic interest rate of the our Bank discount rate for the period during which the payment has been overdue. All our demands become due immediately independent of the running time of credited draft if a payment appointment is not kept or the buyer offends against other contractual agreements or circumstances confessed, that are suited to decrease the credit worthiness of the buyer. Furthermore in such a case, we are entitled to carry out outstanding deliveries only against advance payment or security achievement and to withdraw from the contract and/or to demand a debt compensation.
4. The Purchaser shall have set-off rights only with respect to counterclaims which are res judicata, undisputed or accepted by us. Moreover, the Purchaser may exercise any right of retention only to the extent such counterclaim is based on the same contractual relationship.
1. The ordered goods will be delivered to the buyer by one of package service shown by us. The buyer bears all delivery costs of the ordered products. The freight costs are based on order and delivery country.
2. The delivery times will be only confirmed non-binding by the electronic order confirmation. The date of delivery shall be the date of dispatch to the customer. Risk of accidental loss or damage passes to the buyer upon delivery of the goods to the carrier at the place of performance. Buyer assumes all responsibility and risks for the use of the products after their delivery. It shall apply even the buyer is in delay to accept delivery.
3. The receipt of goods should be promptly checked for correctness and completeness on the basis of the delivery note by the buyer. The buyer is liable for delayed claims, and these cannot be considered by the sender. If other goods or quantities were delivered, it should be directly announce to the sender. The supplier will promptly check the complaint and will find a remedy as fast as possible. Returning of goods must be notified in written form or by telephone prior to the return delivery. Only with the prior written acceptance of us original packaged and as good as new items will be withdrawn within 10 working days. In the case of a return, for the reasons we are not responsible, the value of the goods is generally credited with only 70 %. The shipping costs are not refundable. Custom-made products are generally non-returnable. Only EX Works (EXW) returns will be accepted.
VI. Retention of Title
1. All delivered goods, until payment of all of our demands, irrespective of business relation with the customer, remain our all property. If Buyer fails in any way fulfill the Terms and Conditions, especially default payment, we reserve the right to take back the delivered goods with following cancellation of the contract. We are authorized to utilization of the retaining goods, the utilization proceeds are on the obligations of the customer - less adequate utilization costs.
2. The buyer is obligated to inform us immediately of a seizure or another impairment by third parties, so that we may file suit according to § 771 of the Civil Process Order. If the third party is not able to compensate the collecting costs, including all court costs and attorney’s fees, the customer is liable for all loss.
3. The customer is entitled to to resell the goods, remaining our all property (conditional goods), in the ordinary course of its business. The demands of the purchaser from the disposal of the conditional goods (resale price including value added tax) is assigned to us now, irrespective of whether the conditional goods are disposed of with or without processing, or to one or more customers.
The customer remains authorized to collect this claim even after the assignment. The authority to collect the claim ourself remains unaffected hereby. We are obligated to refrain from collecting the claim as long as the customer fulfils his payment obligations from the respective contractual relationship, does not become delayed in payment and, in particular, no application for the opening of insolvency proceedings has been filed or no suspension of payments has been affected. Should this, however, be the case, we may require from the customer to officially announce the assigned claims and their obligors, to provide all information necessary for collection, to hand over the related documents and to inform the obligors (third parties) of the assignment.
4. The processing or reorganization of the goods shall be only carried out by the customer. If the goods have been processed with others, which not belong to us, we shall receive a co-ownership of the newly produced goods which corresponds to the value of the goods (final invoice amount, incl. VAT) to the other processed objects at the time of processing. With respect to the object arising through the processing, the same shall apply as to goods which were delivered conditionally.
5. If the goods have been mixed or combined with others objects, which not belong to us, we shall receive a co-ownership of the newly produced goods which corresponds to the value of the goods (final invoice amount, incl. VAT) to the other combined objects at the time of combining.
If after the combination the produced goods regards as a main issue, the customer shall transfer to us a co-ownership according to interest as agreed. The buyer shall keep custody of these objects for us.
6. The customer herewith assigns to us all claims for the securing our claims against him which arise from the connection of the goods with a real property to third parties.
7. We undertake to release the securities we are entitled to upon request of the customer insofar as the value which can be realised from our securities exceeds the claims to be secured by more than 10 %. The selection of the securities to be released shall be is incumbent upon us.
1. The customer must check the delivery at reception and inform us immediately, in writing, in the case of of obvious or visible damages.
2. The notice of visible damage is timely if we receive such notification within 2 weeks of delivery.
3. Not recognizable defects shall be reported in writing to us within 2 weeks after discovery. Warranty claims must be asserted within 5 days after receipt of goods via certified mail, otherwise any warranty claims will expire.
4. Insofar as a warranty claim exists, we reserve the right at our discretion either to remedy the faulty parts or to replace the delivery item or defective part with a fault free part. If we decide for rectification of defects, the customer has no right to reduce of the purchase price or to cancel the contract, as long as the rectification of defects is not fail. The rectification of defects fails to occur after second trying. The customer is entitled to a reduction of the purchase price or to canceling the contract only if the replacement delivery or the rectification of defects in individual cases is not possible.
1. If the customer asserts a claim, we shall be liable according to the statutory provisions for damages due to wilful action or gross negligence, including wilful action or gross negligence of our factors, servants and assignees. Is long as we are not charged with intentional infringement of the contract, the liability for damage is restricted to the foreseeable damage which typically occurs.
2. We shall be liable according to the statutory provisions, if we culpably violate a contractual obligation; in this case the liabiliaty remains limited to foreseeable damage which typically occurs.
3. The liability due to culpable injury of life, body or health shall remain unaffected. This shall also apply to the mandatory liability according to the Product Liability Law.
4. Unless otherwise agreed in writing, any further liability shall be excluded
IX. Limitation Period
1. The period of limitation with respect to claims based on defects amounts to 12 months, starting from the date of the passing of risk.
2. The period of limitation in the case of a delivery recourse in accordance with §§ 478, 479 of the German Civil Code shall remain unaffected for a period of five years calculated from the delivery of the defective good.
X. Place of jurisdiction, place of fullfilment
1. The place of jurisdiction for all disputed is our business location; however, we are also entitled to sue the buyer at the court in his domicile. at his place of residence
2. This agreement is subject to the laws of the Federal Republic of Germany. The terms of the UN Sales Convention do not apply. The laws of the Federal Republic of Germany shall also apply to the international trade.
3. Unless otherwise specified in the order confirmation, the our business location is the the place of fullfilment.
XI. Final Clauses
1. We have no liability if by export of ours goods by buyers into zones outside of the Federal Republic of Germany patent rights of third will be injure through our products. The buyer is obligated indemnity for a loss, which is caused by the export of delivered by us goods without our special permission for the export.
2. The supplier reserves the intellectual property rights in all drawings, photo, Soft- and hardware, sketches and pattern deliveries. The buyer may use them only for the arranged purpose and may not reproduce it without acceptance of the supplier or make accessibly third persons.
3. We hereby notify that personal data of the signatory are stored to the extent permissible pursuant to the §26 Federal Data Protection Act [Bundesdatenschutzgesetz - BDSG].