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General terms and conditions

General Terms and Conditions of AKKU SYS Akkumulator- und Batterietechnik Nord GmbH valid from 09.11.2008

§1 Validity of the terms and conditions

The deliveries, services and offers of the seller are exclusively based on these terms and conditions. They shall be recognized as binding upon conclusion of the contract, at the latest, however, upon acceptance of the goods or services. Any conflicting terms and conditions of the Buyer shall be deemed expressly excluded. Subsidiary agreements, amendments or additions to the contract shall only be effective if they have been confirmed in writing. Counter-confirmations of the buyer with reference to his terms of business or purchase are hereby contradicted.

§2 Conclusion of contract

Offers contained in brochures, advertisements, etc. are - also with regard to price quotations - subject to change and non-binding. The designations and specifications stipulated at the time of conclusion of the contract represent the technical status at that time. The Seller expressly reserves the right to make design changes for deliveries under this contract, provided that these changes are not of a fundamental nature and the contractual purpose is not significantly restricted. Purchase contracts up to a value of 2000 Euro shall be concluded by the Customer's order, unless AKKU SYS Akkumulator- und Batterietechnik Nord GmbH immediately objects. For order values exceeding this, an order confirmation by AKKU SYS Akkumulator- und Batterietechnik Nord GmbH is required for the conclusion of the contract.

§3 Prices & Terms of Payment

For sales contracts the agreed prices are valid. All prices are subject to statutory VAT and shipping costs, unless otherwise agreed in writing. Invoices are due immediately and payable net without deduction. A payment shall only be deemed to have been made when AKKU SYS Akkumulator- und Batterietechnik Nord GmbH can dispose of the amount. In the event of a delay in payment, we are entitled to charge interest on arrears in the amount of 5% above the respective base interest rate.

§4 Delivery times

Specified delivery dates are not binding. If the Seller is in default, the Buyer may withdraw from the contract or claim damages for non-performance in accordance with the following provisions. The duration of the period of grace to be legally set by the Buyer shall be 2 weeks, which shall commence upon receipt of the period of grace by the Seller. The Buyer may only claim damages for non-performance if the Seller has caused the damage intentionally or by gross negligence. The delivery period shall be extended, if necessary, by the time the Buyer has handed over all information and documents necessary for the execution of the order. The delivery period shall be extended in the event of incorrect address information or the packages not being deliverable. The buyer has to bear the costs for wrong address information.

§5 Warranty and liability

Warranty and Guarantee The warranty for the deliveries and services provided by us is initially limited to the right to rectify defects or make a replacement delivery. If rectifications or replacement deliveries fail, the customer shall be entitled to reduce the remuneration or the purchase price or to withdraw from the contract. This is only possible after the 2nd failed attempt. In the event of incorrect operation and improper use of the goods, the customer shall bear the costs of rectification or repair. In all other respects, the warranty shall be governed by the existing statutory provisions. The statutory warranty period is 2 years and begins with the delivery of the purchased item. In addition, there may be warranty claims against the manufacturer of the delivery item, insofar as the latter issues warranty promises for its product. The scope depends on the content of the warranty promise given by the manufacturer. In this respect, we point out that the warranty provisions of the manufacturer may differ from the warranty provisions applicable in the content, depending on the country of delivery to the consumer.

§6 Retention of title

Sold items remain the property of the seller until full payment of the purchase price. Only after payment of the full purchase price, the ownership of the item is transferred to the buyer without further ado. The buyer undertakes not to dispose of the object by sale, pledge, lease, loan or in any other way until the purchase price has been paid in full. He undertakes to notify us immediately if the object is seized or claimed by a third party. He shall reimburse all court and out-of-court costs incurred for the removal of attachments and retentions as well as for the procurement of the object, insofar as he has culpably caused the incurrence of these costs. The Buyer undertakes to handle the item properly as long as ownership has not yet passed to him and to ensure appropriate cleaning.

§7 Payment

Unless otherwise agreed in writing, invoices of the Seller shall be payable immediately without deduction. Unless otherwise agreed, payment shall be made in advance, DHL or GLS cash on delivery or cash on collection.

§8 Place of performance, place of jurisdiction

Insofar as the Buyer is a fully qualified merchant, a legal entity under public law or a special fund under public law, the court having jurisdiction over the registered office of the Seller shall be agreed as the place of jurisdiction for both parties for any disputes arising from the contracts and any legal relations in connection therewith. AKKU SYS Akkumulator- und Batterietechnik Nord GmbH shall also be entitled to sue at the Buyer's place of business. Should one of the provisions of these General Terms and Conditions or of the delivery contract prove to be invalid, the remaining provisions shall remain unaffected and continue to be valid. For all deliveries, including cross-border deliveries, German law shall be deemed to have been agreed, to the exclusion of German international sales law.

§9 Refusal of acceptance by the buyer

If the customer refuses acceptance and withdraws from the purchase contract, he shall bear the handling costs incurred. We exclude the UN Convention on Contracts for the International Sale of Goods, German law shall apply.