General terms and conditions
General Conditions of Sale of AIS GmbH

§ 1 General

  1. The following Conditions of Sale will apply to all our deliveries and services rendered to business enterprises.
  2. Business enterprises as defined in the present General Conditions of Sale are natural persons or legal entities or associations of legal status that when contracting legal transactions are practising their commercial activities or independent professional assignments.
The General Terms of Business of the Purchaser are explicitly contradicted.

§ 2 Item delivered and Purchaser’s duty of inspection

  1. The item delivered will be defined by our written order confirmation.
  2. The illustrations, drawings and technical data shown in our catalogue are continuously subject to change by the manufacturers and only reflect the status as the catalogue goes to print. The Purchaser undertakes to check incoming goods carefully and exactly to see whether the data and values given conform to the order placement. The Purchaser will convince itself of the functional capacity of the ordered goods prior to further use and ensure that the delivered articles are suited to use as planned by the Purchaser. Any other regulations and conditions of the Purchaser are herewith deemed contradicted.

§ 3 Delivery deadlines

  1. Delivery deadlines are extended appropriately, even in the course of a delay, upon the occurrence of force majeure and all unforeseeable obstacles for which we are not responsible that arise after entering into the contract. This will also apply to delays in deliveries from the pre-supplier.
  2. Delivery in instalments will be permissible to a reasonable extent.

  § 4 Packaging

  1. Packaging will be charged separately and will not be taken back

§ 5 Prices and payment

  1. First orders will only be handled in return for advance payment. Orders from customers without a customer number will only be handled after advance payment. AIS GmbH also retains the right to generally only deliver cash-on-delivery.
  2. The list prices at the time of order confirmation will apply. Value added tax is not included in the prices and will feature separately on the invoice.
  3. Payment will be exclusively cash-on-delivery without deduction.
  4. Rights to set off will only prevail for counterclaims that have been established by declaratory judgment or are undisputed or acknowledged.
  5. Rights of retention will only prevail based on claims derived from the same contractual relationship.

§ 6 Minimum order value, minimum volumes/ packaging units and despatch

  1. The minimum value of an order for delivery in Germany is EUR 50. – (without VAT).
  2. The minimum order value for delivery outside Germany is EUR 250. -.
  3. Delivery will be at our discretion and without guarantee by the cheapest mode of carriage. All consignments including any returns will be at the expense and risk of the Purchaser.
  4. If delivery is delayed without any responsibility on our part, the goods will be stored at the expense and risk of the Purchaser. In this case, our notification of readiness for despatch will be deemed equivalent to despatch.
  5. AIS GmbH will automatically increase an order to the minimum volume i.e. packaging unit

§ 7 Retention of title

  1. We retain title to the purchased item until all payments from the delivery contract are received. In the case of a breach of contract on the part of the Purchaser, in particular with a default in payment, we will be entitled to take the purchased items back again.
  2. The Purchaser undertakes to handle the purchased item with care. In particular, the Purchaser undertakes to insure it adequately at reinstatement value against damages from fire, water and theft.
  3. In the case of attachment or any other third-party intervention, the Purchaser will inform us immediately in written form.

§ 8 Defective items

  1. Any claims to defects on the part of the Purchaser will be subject to the Purchaser’s proper prior compliance with the duties to inspect and file objection as laid down in Section 377 HGB [German Commercial Code].
  2. In the event of a defective purchased item, the Purchaser will be entitled to choose between subsequent fulfilment with the elimination of the defect and the delivery of a new defect-free item. For the elimination of the defect, we undertake to bear all expenses incurred in said elimination in the form of transport, travel, labour and material costs, providing these costs are not increased by the relocation of the purchased item to a place other than the place of performance.
  3. If subsequent fulfilment proves a failure, the Purchaser will be entitled to choose between withdrawing from the contract and calling for a price reduction.
  4. Claims to defects will become statute-barred after 12 (twelve) months as from the passing of risk.
  5. The appropriate legal period of limitation will remain unaffected in the case of delivery recourse as defined in Sections 478, 479 BGB [German Civil Code]; this is calculated as from delivery of the defective item.

§ 9 Liability for compensation of damages

  1. We are legally liable if the Purchaser asserts claims to compensation for damages derived from wilful intention or gross negligence, including the wilful intention or gross negligence of our representatives. Unless we are to blame for an intentional breach of contract, liability for damages will be limited to the foreseeable and typical damages.
  2. We are legally liable when we are to blame for a major breach of contract. Unless we are to blame for an intentional breach of contract, liability for the compensation of damages will be limited to the foreseeable, typical damages.
  3. Liability for injury to life and limb for which we are to blame will be unaffected hereby; this will also apply to mandatory liability under the Product Liability Act.
  4. Unless otherwise regulated above, any farther-reaching liability, irrespective of its legal foundation, will be ruled out.
  5. When liability for compensation of damages on our part is ruled out or restricted, the same will apply in terms of the personal liability for compensation on the part of our workers, employees and representative.

§ 10 Repair orders

  1. We do not handle repair orders ourselves, but transfer them to the respective manufacturer that will then contact the Purchaser directly. In this case, legal relations only prevail with the manufacturer. The costs of despatch and packaging will in this case be charged to the Customer according to Sections 4 and 5 of our Terms of Business. Repaired items will only be delivered in return for immediate cash payment.

§ 11 Concluding provisions

  1. If the Purchaser is a businessperson, our registered seat of business (Eitorf) and place of jurisdiction is Siegburg.
  2. The law of the Federal Republic of Germany will apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods
  3. Should any provisions of the contract with the Orderer, including the present General Conditions of Sale, be or become invalid in whole or in part, the validity of the remaining provisions will not be affected hereby. The rule that is invalid in whole or in part will be replaced by one that comes as close as possible to the intended business success thereof. .

 

§12. Data protection

  1. Personal data of the Orderer will only be saved for purposes of customer support and information.
  2. If an Orderer does not require any further information, notification thereof will be given due consideration.

 

§13. ElektroG [Electrical and Electronic Equipment Act]

The Orderer – not AIS GmbH - undertakes sole responsibility for the proper disposal of equipment that is subject to the Electrical and Electronic Equipment Act in conformity with all regulations of the law.

 

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