General Terms and Conditions of Business of TenEquip Ulrike Gruber
Version as of 04/2007
1. Scope
1.1 All deliveries made and services provided to you by TenEquip Ulrike Gruber shall be subject exclusively to the following General Terms and Conditions of Business (Allgemeine Geschäftsbedingungen – AGB). Any arrangements that depart from these General Terms and Conditions of Business shall be applicable only if they are confirmed by us in writing.
2. General
2.1 Our Internet site, brochures and catalogues contain only non-binding information in which slight discrepancies may occur. All offers made are non-binding and subject to confirmation.
2.2 Where orders are placed by telephone, telefax or electronic means, the contract of sale shall be deemed concluded when we accept your order by delivering the goods or notifying you that they have been dispatched.
2.3 We accept no liability for any message transmission errors that may occur.
3. Prices, terms and conditions of payment, offsetting of claims
3.1 Prices are charged in accordance with out general price list as applicable on the date the order is placed. Should the prices of the products you order be reduced between the date the order is placed and the date the goods are dispatched to you, we will on request grant you a credit for the price difference that has thus occurred, amounting to that same difference. All our prices apply ex stock in Euros including German VAT at the rate currently in force.
3.2 You can pay as follows: by bank transfer to our account in advance, by direct debit or cash on delivery.
3.3 The purchaser may offset claims of his/her own against payments due to us only if the purchaser's counter-claim is undisputed or a legally enforceable entitlement can be proven; no right to withhold payment may be asserted unless that right derives from entitlements pursuant to the contract of sale.
4. Delivery
4.1 Delivery dates quoted in our order confirmations are approximate dates. If we delay in delivering, we accept no liability for damages you suffer due to that delay unless we are responsible for such damages. Payment of damages in lieu of fulfilment can be demanded only if we have been called upon, with a reasonable period of notice, to fulfil the contract and we or an employee of ours have acted with gross negligence. The purchaser shall also be entitled to withdraw from the contract subject to the same conditions.
4.2 If delays in delivery occur due to force majeure, including in particular state intervention, natural disaster, war, civil disturbance, or strike action against suppliers or in the transportation industry, we shall be entitled to make good the delayed delivery once the obstacle is removed.
4.3 Both the purchaser and TenEquip Ulrike Gruber may withdraw from the contract on the grounds of one of the above-named events in conjunction with an ensuing delay in delivery of more than three months.
5. Warranty
5.1 Claims assertable by the purchaser as a result of material defects in new goods are by law statute-barred two years after delivery of the goods purchased. A warranty period of one year is applicable to used and demonstration goods. If, however, the purchaser is a legal entity governed by public law, a separate estate in public law, or a business enterprise acting in a commercial or professional capacity in concluding the contract, claims assertable by the purchaser as a result of material defects are statute-barred one year after delivery of the goods purchased. Claims under warranty shall not apply to parts that are subject to wear and tear.
5.2 Before any remedial action due under warranty is taken, the purchaser shall be obliged to make the goods to which the claim applies available so that the defect can be verified; this shall be done - as we deem fit – either by presenting the goods at our premises or by sending the goods to us or to a third party nominated by us. Should you refuse your cooperation in this, we shall be released from our obligations under warranty.
5.3 Claims under warranty shall be null and void if instructions for operating or maintaining the products are not followed, if unauthorized third parties have tampered with or modified the goods we supplied, if use has been made of consumables that do not conform to our specification, or if defects are caused by outside influence or incorrect operation.
5.4 If by way of remedial action we exchange individual components of the goods supplied, we shall acquire ownership of the components removed. In the event of our delivering a replacement, we shall acquire ownership of the goods and/or components replaced as soon as the replacement goods arrive at the contracting party's premises.
5.5 In cases where it is provable that no defects are to be found in the products we supplied, we shall be entitled to charge a flat-rate service fee of 60.00 Euros.
5.6 Obvious material defects shall be notified to us immediately, no later than 14 days after receipt of delivery.
6. Liability
6.1 If we are deemed responsible under law and under these terms and conditions for damages caused by slight negligence, our liability shall be limited. Liability shall attach only if fundamental contractual obligations have been violated and shall be limited to damages typically foreseeable at the time the contract was concluded. This limitation shall not apply in cases of injury to life, limb or health.
6.2 Notwithstanding any fault, our liability in the event of fraudulent concealment of a defect, in respect of undertaking a warranty or a procurement risk and under the terms of the German Product Liability Act remains unaffected.
6.3 No personal liability shall attach to our legally authorized representatives, our agents or our employees for any damages they cause by slight negligence.
8. Reservation of ownership rights
8.1 The goods purchased shall remain our property until all payments due to us under the terms of the contract of sale have been received.
8.2 If the purchaser is a legal entity governed by public law, a separate estate in public law, or a business enterprise acting in a commercial or professional capacity in concluding the contract, ownership rights shall also remain reserved in respect of any payments due to us from the purchaser within current business relations, until such time as payments due in connection with purchase have been received in full.
8.3 On request by the purchaser, we shall be obliged to renounce the reservation of ownsership rights if the purchaser has made all payments due in connection with the goods purchased and provides other adequate security for further payments due within current business relations.
9. Applicable law and place of jurisdiction
9.1 Contracts concluded with us are in all cases subject to German law, even if the order is received from outside Germany and/or the goods are delivered outside Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) dated 11 April 1980 shall not be applicable.
9.2 In respect of all current and future claims arising from business relations with commercial partners, the sole place of jurisdiction shall be our registered place of business.
9.3 The same place of jurisdiction shall be applicable if the purchaser is not subject to any place of general jurisdiction within Germany, if the purchaser has moved his/her place of residence or usual domicile out of Germany after having concluded the contract, or if the purchaser's place of residence or usual domicile is not known at the time legal action is taken.
10. Purchaser's right of withdrawal
10.1 The purchaser shall be entitled to withdraw from the contract entered into within a cooling-off period of 14 days, without giving any
reason, by sending a written declaration (by e.g. letter, fax or email) or by returning the goods purchased. The cooling-off period shall not commence, however, until the purchaser has been duly notified of this right in accordance with
§312c of the German Civil Code (BGB), nor shall it commence before the date on which the goods purchased are received by the purchaser. The timely dispatch of the declaration of withdrawal or the goods themselves shall suffice to comply
with the time limit. The withdrawal shall be addressed to:
TenEquip Ulrike Gruber
Bgm.-Grässmannstr. 2
82140 Olching
Germany
Fax: +49 8142 400198
E-Mail: info@tenequip.com
10.2 In the event of a valid withdrawal, both parties shall return any goods delivered and payments received. If the purchaser is unable to return all or part of the goods delivered or is only able to return them in a deteriorated condition, the purchaser shall be obliged to pay compensation for any value thus lost. This shall not apply if the deterioration of the goods is due solely to their having been inspected, as for instance the purchaser would have been able to do in a retail outlet. Furthermore the purchaser can forestall the obligation to pay compensation by not using the goods as an owner would and by refraining from doing anything to reduce their value.
10.3 Packageable goods shall be sent back. If the goods cannot be sent back because they are not packageable due to their weight or bulk,
it shall suffice if the purchaser sends a written request for collection of the goods to TenEquip Ulrike Gruber within the 14-day period following receipt of the goods. When sending back goods delivered up to an order value of 40.00 Euros,
the purchaser shall bear the cost of returning them, provided the goods were delivered as ordered. Otherwise the purchaser may return the goods free of charge. In the case of goods returned from outside Germany, the purchaser shall bear
the regular cost of return, unless the goods were not delivered as ordered.
The goods to be returned must be sent back complete (including all accessories, instructions for use etc) and in their original packaging, including any outer
transportation packaging.
11. Privacy policy
11.1 Data that you provide online is stored in our data processing system and in the data processing system of our service provider 1&1 Internet AG, Elgendorfer Str. 57, D-56410 Montabaur (1&1). For your security, data is transmitted from your computer to 1&1 and from1&1 to our data processing system solely in SSL encoded form. Your data is dealt with in compliance with the terms of the German Federal Data Protection Act and the German Teleservice Data Act.
11.2 For purposes of payment processing and monitoring creditworthiness, we and/or 1&1 conduct data exchange with Moneybookers Ltd., Londnon, GB (www.menybookers.com).
11.3 To allow us to best meet your needs as a customer, we also use so-called "cookies". Our site can however also be used without cookies. To do this, please deactivate the option in your browser whereby sites are allowed to set cookies.
11.4 We reserve the right to use your data to send you information material from ourselves. If you do not consent to this, please simply send us a brief informal notification to TenEquip Ulrike Gruber, Bgm.- Grässmanstr. 2, 82140 Olching, Germany. We do not, however, pass your data on to third-party enterprises for advertising purposes.
11.5 We and/or 1&1 will collect, process and use the personal data you provide online solely for the purposes notified to you, unless
such collection, processing and use
- serves a further purpose directly related to the original purpose for which the personal data was collected,
- is required for the purpose of preparing, negotiating and fulfilling a
contract with you,
- is required pursuant to a legal obligation, government directive or court order,
- is required to substantiate or refute legal claims or to defend against legal action,
- serves to prevent abuse or other illegal activities.
11.6 We will inform you at any time which data of yours we have stored. Please contact info@TenEquip.com.
12. Provisions proving to be null and void
12.1 If individual provisions of these General Terms and Conditions of Business prove to be null and void, this shall not detract from the effectiveness of the contract and of the remainder of the General Terms and Conditions of Business. Null and void provisions shall be replaced by stipulations that come as close as possible to serving the desired purpose.
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