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Article 1 General - Scope of these Terms and Conditions
1. The Terms and conditions shall apply for all current and future business relationships.
2. Consumer as defined in these terms and conditions are natural persons, with whom a in business relationship shall be entered into, who is not acting for purposes related to commercial or self-employed professional activities. Entrepreneurs as defined in terms and conditions are natural or legal persons or legally incorporated entities, with whom a in business relationship shall be entered into, who are engaged in a commercial or self-employed professional activity. Customers as defined in Terms and conditions are both consumers and entrepreneurs.
3. Variant, opposing or supplementary general terms and conditions shall, even if acknowledged, not become an integral part of this contract, unless the validity of these shall be expressly agreed to in writing.
4. All evaluative and comparative statements in this supplier manual represent the personal opinion of the publisher and in no way claim to represent an entitlement to universal validity or completeness. They are not statements on the usability or guarantees.
Article 2 Conclusion of contact and Prices
1. Our offers are without engagement. We reserve the right to technical amendments as well as amendments to form, colour and/or weight within reason.
2. All catalogue prices are End prices in Euro, including the currently valid rate of VAT. The prices are binding. A change in VAT shall be charged in favour of or to our Customers. With publication of this supplier manual, all previously published catalogues, prospectuses and other price information shall cease to be valid. There are no minimum order quantities/values or we do not charge for minimum quantities! We shall be glad to provide customers with a written quotation for offers exceeding € 1,000.00.
3. With the order of a good, the customer makes a binding declaration to purchase the ordered goods. We shall be entitled to accept the proposal for contract in the order within two weeks after receipt of the order. The acceptance may either be declared in writing or by the supply of the goods to the customer.
4. Should the Consumer order the goods via electronic means, we will confirm the receipt of the order immediately. The receipt confirmation shall not represent a binding acceptance of the order. The receipt confirmation may be put together with the declaration of acceptance.
5. The conclusion of the contract shall be done under the reservation of the correct and timely supply to us by our suppliers. This shall only apply in the event of non-delivery not caused by us, in particular upon conclusion of a congruent supply arrangement with our supplier. The customer shall be immediately informed of the non-availability of the service. The service in return shall be immediately refunded.
6. Insofar as the Consumer orders the goods electronically, the agreement text will be stored by us and on request will be sent to the customer together with these GENERAL TERMS AND CONDITIONS via E-Mail.
Article 3 Delivery, delivery period
1. The delivery shall be undertaken under the reservation that we ourselves have been supplied correctly and in a timely manner and we shall not be responsible for the lack of availability. Compensation, also for delayed or incomplete supply shall be excluded, insofar are there is no gross negligence or intent. Article 309 No. 7a German Commercial Code shall remain unaffected. For events caused by force majeure, we shall be entitled to extend the delivery deadline accordingly or to withdraw wholly or partly from the agreement.
2. For Consumer gilt: for deliveries in Germany, we charge postage, insurance and packing costs flat-rate in the amount of € 6.00. For orders with a value of over € 200.00, we deliver franco domicile in the Federal Republic of Germany.
The ex-works prices shall apply for Entrepreneur and overseas deliveries (incl. consumer).
The actual delivery costs will be calculated.
Repeat orders shall of course always be free postage!
Article 4 Reservation of title
1. In contracts with Consumers, we reserve right to title of the goods until the complete purchase price has been paid. In contracts with Entrepreneurs, we reserve right to title of the goods until the complete settlement of all demands resulting from the on-going business relations.
2. The customer shall be obligated to handle the goods with care. Insofar as maintenance and inspection work is required, the customer has to carry out said work at his/her own expense at regular intervals.
3. The customer shall be obligated to notify us immediately of the access by third parties auf The merchandise, for instance in the event of a seizure, as well as any damage or the destruction of the merchandise. The customer must notify us immediately of a change in ownership of the goods as well as a change in place of residence.
4. We shall be entitled to withdraw from this contract, should the customer act in a manner contrary to this contract, in particular in case of a default in payment or violation of an obligation in accordance with sections 3 and 4 of the provisions of this contract and demand the return of the goods.
5. The Entrepreneur shall be entitled to resell the merchandise in the course of ordinary business. He shall surrender to all debts incurred through the resale to a third party in the amount of the invoice amount. We shall accept the surrender. After the surrender, the Entrepreneur shall be authorised to recover the debt. We reserve the right to recover the debt ourselves, as soon as the Entrepreneur fails to fulfil his/her payment obligations in an orderly manner and is in default of payment.
6. The processing and machining of the goods by the Entrepreneur shall be done in our name and on our behalf. Should processing with objects not belonging to us be undertaken, thus we shall acquire joint ownership of the new good in relation to the value of the goods supplied by us to the remaining objects processed. The same shall apply when the goods have been mixed together with other objects not belonging to us.
Article 5 Right of return
1. The Consumer has the right to withdraw, his declaration of intent aimed at conclusion of a contract within two weeks after the receipt of the goods. The withdrawal does not have to contain a reason and the seller is may be notified in the form of a text message, per Fax or E-Mail or by return of the Goods. The right of withdrawal shall not apply to goods which have been made to customer specifications or which have been clearly adapted to personal requirements, for the supply of audio or video recordings or of soft goods, insofar as the seals of the media devices supplied have been opened by the Consumer as well as for the delivery of publications and illustrated material.
2. The Consumer shall be obligated when exercising the right of withdrawal to return of the goods. After receipt of the withdrawal, we shall send the necessary delivery forms to the Consumer for free return of the goods. We shall bear the costs of the return.
3. The Consumer has to pay the replacement value for a deterioration caused by the regular use of the merchandise. The Consumer may carefully and diligently check the merchandise. The Consumer shall have to bear the loss in value caused by use over and above that of inspection which means the merchandise may no longer be sold as "new".
Article 6 Compensation, terms and conditions of payment
1. No additional costs shall be incurred by the Customers for ordering via telecommunications. The Customer may pay the purchase price per cash on delivery, invoice or Direct debit. This means:
Direct debit (Booked from bank account):
The precondition for a Direct debit of the invoice amount from your bank account is a written Order (Brief, Fax, Email). The Direct debit is only possible for bank accounts in the FRG. The bank details and signature of the account holder must be on the order (E-Mail is also valid without signature). Should the client and account holder not be the same person, please include the account holder's details.
You can revoke the Direct debit, where justifiable reasons for this exist (e. g.: amount was booked off, but the Goods have not been delivered yet). A charge of approx. € 6.00 is due for a return debit. Should you choose this form of payment, please ensure there is enough cover on your account and to any block on direct debits. Please ensure that the bank details are correct and inform us of any changes. Should a return debit occur (unjustified), we must charge you for the charge incurred!
Security of Direct debit:
Thanks to your right of withdrawal, this is a very secure form of payment!
As opposed to the highly sensitive credit card data, there is absolutely no risk involved when you give your bank account details per Post, Fax or Email. We print thousands of business documents containing our bank details; we would not do this if we thought it was risky! We can recommend this method of payment to you, as you do not incur any additional costs and it is an easy and cashless method of payment. Should you order from us on a regular basis, it is enough for you to provide us once with your bank details. We will book then always book the invoice amount from this account. In addition to the ease of payment, we also have your bank details so that we are able to refund any credit note amount to you within one week!
Cash on delivery:
When the postal package is delivered, a further € 3.60 COD charge shall be incurred on top of the postage. This COD charge will be shown on the invoice. The total sum on the invoice (value of the merchandise + Postage + COD charge), will be automatically entered onto the payment form via our EDP system (payment slip). The Deutsche Post DHL charges a further € 2.00 to transfer this amount to our account. This amount of € 2.00 will be added to the invoice amount and entered into the label on the package. Thus, the total charge for the cash on delivery amounts to €5.60. However, on the invoice only an amount of €3.60 shall appear. This may be somewhat confusing; however this is what the package service provider requires!
Invoice:
We only supply on invoice basis to authorities and organisations, whose orders bear an official letter or a stamp. It is not enough to simply provide the name of an organisation when ordering. It must always be recognisable that it is an official order. We would therefore ask for your understanding in this regard, as unfortunately no everyone is honest. Invoices are payable after receipt. We reserve the right to deliver first orders on a COD basis.
2. The Customer shall be obligated to pay the purchasing price within 10 days of date of invoice after receipt of the merchandise and invoice. After this deadline has expired, the customer shall be in default of payment. During the default period, the Consumer has to pay an interest rate of 5 % above the base rate of interest on the outstanding amount. The Entrepreneur has to pay an interest rate of 8 % above the base rate of interest on the outstanding amount. We reserve the right to prove and assert a higher loss due to default to Entrepreneur.
3. The Customer only has a right to offset; when his/her counter entitlements have been legally determined or have been recognised by us. The Customer may only exercise a right to retention, when his/her counter claim shall be based on the same contractual relationship.
Article 7 Transfer of risk
1. Should the purchaser be an Entrepreneur, the risk of an accidental destruction and the accidental deterioration of the goods shall be transferred to the buyer with the handover, in a mailing purchase with delivery of the item to the forwarder, the haulier or person or party responsible for the execution of the consignment.
2. With consumers, the risk of accidental loss and accidental deterioration of the purchased object, including forwarding transactions, is first transferred to the buyer upon handover of the object.
3. The transfer shall take place irrespective of whether the purchaser is in delay of the acceptance.
Article 8 Warranty
1. When the Purchaser is an entrepreneur, it shall be at our discretion to first guarantee for any defect with the goods either by means of improvement or a replacement delivery.
2. When the Purchaser is a Consumer, thus under consideration of our commercial interests to rectify any defect of the goods, the following shall be agreed: for products with a value of less than €100.00, the Consumer may at first only request a replacement delivery. Should the value of the item being bought exceed €100.00, we shall be entitled to offer an attempt at improvement within an appropriate time. An improvement period of 20 working days shall be deemed an appropriate period. Should the improvement not be economically feasible, the supplementary performance shall be discharged by means of a replacement delivery.
3. Should the supplementary performance fail, the Customer has the choice in principle to demand a reduction of the remuneration or a rescission of the contract (withdrawal). However the Customer shall not have the right to withdraw from the contract for minor contractual violations, in particular for only minor defects.
4. Entrepreneur must notify us in writing of obvious defects within one week after receipt of the goods; otherwise the assertion of the warranty claim in this regard shall be excluded. Punctual dispatch shall suffice for observance of the deadline. The Entrepreneur shall bear the full burden of proof for all requirements for a claim, in particular for the defect itself, for time of the detection of the defect and for the correctness of the complaint.
5. In the event of the Customer choosing to withdraw from the contract owing to a legal or material defect after a failed supplementary performance, he/she shall not be entitled to further compensation for the defect. Should the Customer choose compensation after failure effect the supplementary performance, the goods shall remain with the Customer, provided this may be reasonably expected of him/her. The compensation shall be restricted to the difference between the purchasing price and the value of the defective item. This shall not apply if we have maliciously caused the contract violation.
6. The warranty period for Entrepreneurs shall be one year after delivery of the merchandise. The statute of limitations for Consumers shall be after delivery of the goods. For used goods, the statute of limitations shall be one year after delivery of the goods. This shall not apply, when the Customer has not notified us of the defect in time (section 4 of this provision).
7. When the Purchaser is an Entrepreneur, only the product description of the manufacturer shall be agreed in principle as the condition of the merchandise. Public statements, claims or advertising of the manufacturer shall not constitute any additional contractual condition information of the goods.
8. Should the Customer receive a defective assembly instruction manual, we shall only be obligated to supply a defect-free assembly instruction manual and this only in such cases, when the defect of the assembly instruction is contrary to the proper assembly.
9. The Customer shall not receive warranties from us in the legal sense. Manufacturers' warranties shall remain unaffected by this.
Article 9 Liability limitations
1. In cases of slight negligent violations of obligation, our liability shall be limited to the direct average damage, predictable and typical according to the type of goods. This shall also apply in the event of slight negligent violations by our legal representatives or vicarious agents. Pertaining to Entrepreneurs, we shall not be liable for slightly negligent violation of insignificant contractual obligations.
2. The aforementioned liability limitations do not affect the entitlements of the Customers arising from product liability. The liability limitations shall not apply in case we are liable for any bodily harm and injury to health to or loss of life of the customer.
3. Compensation claims of the Customer owing to a defect shall become time-barred one year after supply of the goods. This shall not apply, when we may be charged with intent or gross negligence, as well as in cases where we are liable for any bodily harm and injury to health to or loss of life of the customer.
Article 10 Final Provisions
1. The law of the Federal Republic of Germany shall apply. The provisions of the UN-Purchase Law shall not apply.
2. Where the customer is a merchant, a legal person or federal special, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered offices. The same shall apply, when the Customer shall not have a general place of jurisdiction in Germany or if domicile or usual place of residence at the time of commencement of the legal proceedings are not known.
3. Should individual provisions of this contract be or become partially or fully invalid or unenforceable, this does not affect the validity of the other provisions. The term that is invalid either in full or in part shall be replaced by a term that corresponds to the commercial meaning of the invalid term as closely as possible.
Reclamations / Customer service
You are a Customer of rescue-tec! We do not take this for granted, we regard it as a sign of your trust in us for which we are very glad and we would like to thank you!
Our main goal is always: not to disappoint your trust in us and to keep on earning it again and again: with competent advice, short delivery times and the highest level of personal commitment in questions or problems. This is not just a slogan - take us at our word! We are only too happy to help you in an uncomplicated manner and believe that anyone who has ever approached us with a problem can confirm this fact. Of course it is desirable to avoid 100% of mistakes; this unfortunately is not possible because "we" are all only human.
Data privacy and protection:
The data required for the processing business transactions will be stored and for order processing requirements and where necessary may be passed on to suppliers and mailing companies, insofar as is necessary. All personal data will of course be treated confidentially. You may object to the continued use of your data for advertising purposes at any time by notifying us (see below). After receipt of your objection, we will immediately any further sending of advertising media including our catalogue.
Supplier identification and responsible for the content:
rescue-tec GmbH & Co. KG, HRA 1082, District Court Limburg a. d. Lahn
Personally liable partner: rescue-tec Verwaltungsgesellschaft mbH,
Oberau 4-8, 65594 Runkel-Ennerich
CRE 3614, District Court Limburg a. d. Lahn, Director: Jörg Hergenhahn
Tel.: 06482-60 89 00, Fax: 06482-60 89 20, E-Mail: info@rescue-tec.de
Stand of the GENERAL TERMS AND CONDITIONS: 01 April 2009
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