RaidSonic – general terms and conditions
As of July 2015
(1) Our offers, deliveries, and services are performed based on these General Terms & Conditions only. They also apply to all future commercial relationships, even if they have not been explicitly agreed to for a second time. Customer’s counter-confirmations referring to his/her Terms & Conditions of Trade or Purchase are hereby opposed, even if he/she has given notification about them or printed them, for instance on order forms.
(2) All agreements closed between us and the customer in order to execute a contract, have to be added to this contract in writing. Collateral agreements come into effect after written confirmation only.
(3) Our Terms & Conditions apply to businesses as defined in §§ 14, 310 BGB (Civil Code of the Federal Republic of Germany) only.
(1) Illustrations in catalogs or on datasheets only represent examples. Smaller deviations in make or design of the product are irrelevant.
(2) Cancellations or amendments to the contract come into effect upon our written consent only. If the customer sends commodities back to us without having been instructed to do so, the acceptance of the commodities will not be regarded as an acceptance of customer’s offer of resignation. Such an acceptance has to be declared by us in writing.
(3) Compensation claims due to positive breaches of contract, culpa in contrahendo, and illegal action against us will be excluded, unless in case of willful and knowing or grossly negligent behavior.
(4) The nullity of one of these provisions does not affect the validity of the other terms.3. Prices and Conditions of Payment.
3. Prices and Terms of Payment
(1) Our offers are subject to change without notice. Orders are accepted by an acceptance of order, or by its execution.
(2) Our prices apply ex warehouse Ahrensburg. Freight, insurance, and packaging costs as well as miscellaneous fares are not included. Such costs are paid by the customer.
(3) Our invoices are due at once without any discount, unless something else has been agreed to. Deduction of prompt payment discounts requires special agreement in writing.
(4) The statutory value-added tax (VAT) is not included in our prices and appears in our invoices as a separate position.
(5) If customer gets into delay of payment, we will be entitled to request default interest at a rate of 8 % above the basic interest rate of the Deutsche Bundesbank (German Federal Reserve Board) p.a. If the damage to us caused by default is higher, we will be entitled to claim it. The customer is allowed to prove us that the damage to us is lower. In case of delay in payment or deterioration of customer’s financial circumstances, we are entitled to cancel the contract of purchase and - if necessary - to request the customer to pay in cash in advance when doing further business.
(6) The rights of retention as stipulated in §§ 237, 438 IV BGB, 369 HGB (Commercial Code of the Federal Republic of Germany), as well as the plea of non-performance as stipulated in § 320 BGB are excluded.
4. Lead Time
(1) Mandatory delivery dates must be agreed to in writing. Observation of delivery dates requires that the customer has fulfilled his/her obligations on time and duly.
(2) We are not responsible for delayed delivery due to Acts of God or due to events impeding our services (for instance, strike, lockout, disturbances in production, etc.), even if this occurs in the operations of our suppliers. Such events entitle us to postpone delivery or to cancel the contract. If the delay lasts for more than two months, the customer will be allowed to cancel the contract after having set an appropriate grace period. Compensation claims by the customer will be excluded unless the delayed delivery is caused by grossly negligent behavior on our side.
(3) We are allowed to perform partial deliveries. Each partial delivery is regarded as a separate legal transaction.
(4) If the customer delays acceptance or violates his duty to cooperate, we will be entitled to claim for compensation. Upon occurrence of default of acceptance, the risk of accidental impairment or destruction skips to the customer.
5. Shipment and Risk Assumption
(1) If not agreed otherwise, shipment ex warehouse Ahrensburg is agreed to.
(2) Upon delivery to the forwarder, risk skips to the customer.
(3) Shipment costs will be paid by the customer, unless something else has been agreed to.
(4) Packaging material (except palettes) is not taken back. The customer has to recycle packaging material at his/her own expense.
(5) We cannot be held responsible for damage in transit. Such damage has to be documented in writing upon receipt of the commodities, and both we, and the forwarder have to be notified about it immediately. In case of train or mail transport, an official notice of damage has to be made up.
(6) Completeness of delivery has to be checked by using the delivery note. Missing parts have to be complained against to the forwarder and have to be confirmed by him/her in writing.
6. Reservation of Title
(1) Before the discharge of all claims (including credit balance claims out of current account), we are entitled to against the customer due to any legal reason now or in the future the following securities are granted to us. Such securities are released by us upon request and customer’s choice as long as their value permanently exceeds debts by more than 20 %.
(2) The commodities remain our property until the complete payment of the purchase price. Processing or transformation are always done for us, but without any obligation for us. If ownership or co-ownership expires due to adjunction, it is agreed already now that customer’s (co-)ownership on the thing will be transferred to us ad valorem (invoice value) to us. The customer deposits our (co-)property free of charge.
(3) The customer is allowed to process and to transfer reserved commodities in proper business unless he/she is in default. Pledging and transfer of ownership by way of security are not allowed. Claims regarding the reserved commodities arising from resale or another legal reason are assigned by the customer already now by way of security in full extent to us.
(4) We authorize the customer revocably to collect the claims assigned to us for our account in his/her own name. This authorization can be revoked only if the customer does not fulfill his payment obligations properly.
(5) If the reserved commodities are accessed by third parties, the customer will indicate our ownership and notify us immediately. Damage and costs arising from this are assumed by the customer.
(6) In case of customer’s behavior in violation of the contract – especially in case of delayed payment – we are entitled to revoke the reserved commodities and to request assignment of any customer’s claims of possession against.
(1) The warranty period is two years.
(2) Any warranty is subject to the condition that the customer has fulfilled his incumbencies to inspect and to give notice of defects. Warranty is excluded if the commodities delivered by us have been treated or modified by third parties without our consent or if the instructions of use have not been observed. Smaller-scale deviations in the make do not entitle the customer to objections.
(3) In case of a justified complaint, we are entitled to remove defects within an adequate period of time —at our choice— by repair or by redelivery of the defective parts (subsequent fulfillment). If all repair attempts fail, the customer will be entitled to cancel the contract and to claim reduction of the purchase price and compensation of damages or expenditures.
(4) During subsequent fulfillment, any limitation of actions is on hold.
(5) We cannot be held responsible for consequential damages unless we have caused the damage with intent or due to gross negligence.
(6) Before sending back / returning defective commodities, the customer has to apply for an RMA number. The RMA number has to be legibly indicated outside on the package.
(7) In order to check the warranty claim, the customer has to attach a proof of purchase (at least a copy of it). If the customer does not prove his warranty title this way, we will send back the commodities unrepaired against a processing fee.
(8) Without a correct and detailed error description, we do not guarantee perfect repair. Tautologies like "defective" are not sufficient.
(9) In case of unjustified objection, the commodities will be sent back against a processing fee.
(10 The commodities have to be sent back in original or in appropriate packaging. Costs and damages due to improper packaging will be assumed by the customer.
(11) Only the customer is entitled to warranty claims; such claims are not transferable.
8. Place of Jurisdiction and of Performance
(1) Place of performance for delivery and payment is our place of business.
(2) If the customer is trader, place of jurisdiction for all claims arising from the objective contractual relationship, for tortious and other statutory claims will be Ahrensburg.