General Terms and Conditions for Delivery and Payments

1. Scope of Application

All quotes, supplies and services by the Seller are made exclusively on the basis of these General Terms and Conditions. The Buyer recognizes and acknowledges the terms stipulated herein no later than with the acceptance of the goods or services ordered. Seller hereby rejects all general terms of business of the Buyer deviating from the terms stipulated herein.

The Sellers Terms and Conditions of Business remain effective for any and all future transactions, even though the Parties do not specifically make any renewed reference of the present Terms.

2. Technical Specifications

All technical specifications, data and dimensions are based on information provided by the relevant manufacturer. The Seller is not liable to verify the correctness and accuracy of such information.

All prices listed are understood net ex place of consignment, i.e. exclusive of transport, insurance cost and value added tax.

3. Delivery

Deliveries for goods in stock are made within the shortest period of time. In the event that the goods are not in stock, the Seller shall provide an expected delivery date. Such information is, however, non-committal. Binding commitments to delivery dates are subject to written confirmation in hard copy.

Partial deliveries and interim invoices are possible. Interim invoices are payable pursuant to the terms stipulated herein.

Transport damages should be reported immediately to the responsible haulier. The consignment is shipped cost and risk forward. Risk transfers to the Buyer no later than the moment the consignment has been entrusted upon the haulier or has left the Sellers warehouse.

For deliveries to destinations outside of the Federal Republic of Germany the Buyer shall bear all additional charges, e.g. bank fees, customs duty, export documents, etc.

4. Payment

Payments are due within 14 days net (deductions not permitted) on receipt of invoice. The Seller retains the right to determine the method of payment if it differs from above.

In the event that the Buyer is in arrears with payment, the Seller is entitled to charge interest of 5% over the standard rate charged by German banks for open current account overdraft. The Buyer in arrears is entitled to prove that the Seller experienced no or substantially lower damages than demanded.

The Buyer may only set-off counter-claims if such counter-claims have been largely proven, or are undisputed or have been duly acknowledged by the Seller. The same is valid for the right of retention, which is based on the same contractual relationship.

5. Retention of Title

The goods supplied remain the property of the Seller until the Buyer has settled all Sellers claims arising from the delivery.

6. Right of Return and Right of Exchange

The Buyer can return the purchased goods by arrangement with the Seller within 8 days of original invoice date. The Seller will accept returned goods if such goods show no sign of use, are fully operational, are returned in the original sales packaging and the Buyer ships the goods at its own expense.

Consumables, such as batteries, battery packs, books assembled components, semiconductors, customized products and all products produced by special order, software and software licenses and other data media, labels, etc. are sold on a non-refundable basis.

Orders that have been submitted for non-storable products such as software licenses cannot be cancelled.

7. Damages

The Buyer is responsible to inform the Seller in writing of any obvious faults or defects within 8 days after delivery of the goods. If the goods, at the time of passing the risk, are defective and the Seller has been notified of such defect in due time, the Seller shall at its opinion, be obliged to either rectify the defect or deliver the goods free of defect.

8. Warranty

All products carry the warranty policies of the respective manufacturer.

9. Liability

The Seller shall be liable for acts of wilful misconduct and gross negligence by its legal representatives and employees.

10. Data Protection

The Buyer agrees to allow the Seller to electronically store personal and company data required for the administration of the business relationship. The Buyer may at any time request information on the personal data compiled by the Seller.

11. Place of Jurisdiction and Applicable Law

Place of fulfilment and jurisdiction shall be the main seat of the Seller.
The Laws of the Federal Republic of Germany shall apply exclusively.