General terms and conditions

General Terms and Conditions and Conditions of Sale of

AKKU SYS Akkumulator- und Batterietechnik Nord GmbH
Verbindungsweg 23
D-25469 Halstenbek

§ 1 General - Scope of application

(1) Our Terms and Conditions of Sale shall apply exclusively; we do not recognize any terms and

We do not recognize any terms and conditions of the customer that conflict with or deviate

unless we have expressly agreed to their validity in text form. Our Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our Terms and Conditions of Sale.

(2) Our Terms and Conditions of Sale shall only apply to entrepreneurs within the meaning of Section 310 (1) BGB.

§ 2 Conclusion of contract

(1) If the order is to be qualified as an offer in accordance with § 145 BGB, we can accept it within 5 working days by means of an order confirmation in text form. In this respect, the time of receipt of the declaration of acceptance by the customer shall be decisive.

(2) We reserve the right to submit an amended offer to conclude a contract in response to the customer's offer (e.g. with different delivery quantities or longer delivery times). In this case, the contract with us shall be concluded if the customer accepts and confirms our counter-offer to conclude a contract in text form within 5 working days

§ 3 Prices - Terms of payment

(1) Unless otherwise stated in the order confirmation, our prices are ex works excluding packaging and shipping; these costs will be invoiced separately.

(2) Unless otherwise stated in the order confirmation or the parties have agreed otherwise in text form, advance payment shall be deemed agreed.

(3) The statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing.

(4) Invoices are payable within 14 days of the invoice date without deductions, unless the parties have agreed otherwise in text form. Discounts shall only be granted on the basis of an express agreement.

(5) A term of payment not agreed in text form may not exceed 14 days after receipt of the invoice. The statutory regulations regarding the consequences of late payment shall apply. All costs caused by late payment, such as extension costs, protest costs, legal fees, etc. shall be borne by the defaulting buyer. We reserve the right to demand cash payment or payment in advance or to withdraw from the contract until a positive credit report is available. Credit notes are always issued after deduction of discounts and other rebates granted on the invoice amount.

§ 4 Delivery

(1) Stated delivery dates are not binding. The delivery period shall be extended, if necessary, by the time until the Buyer has provided all information and documents necessary for the execution of the order.

(2) In the event of a delay in delivery, the period of grace to be set by the Buyer shall be 2 weeks, which shall commence upon receipt of the grace period set by us.

(3) If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.

(4) Delivery is always made plus shipping costs from the place of business.

(5) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.

(6) If the conditions of paragraph (5) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

(7) We shall be liable in accordance with the statutory provisions insofar as the underlying purchase contract is a fixed-date transaction within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB. We shall also be liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfillment of the contract has ceased to exist.

(8) We shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.

(9) We shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable breach of a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage.

§ 5 Damage in transit

(1) All deliveries travel at the risk of the customer/purchaser. The customer is obliged to have obvious transport damage confirmed by the carrier upon acceptance. The receipt for the damage must be presented to us immediately.

(2) Unconfirmed open defects cannot be recognized later and are also not insured. In the event of concealed transport damage or defects, the carrier must be notified immediately in text form and any recourse claims must be lodged with the carrier. Please provide us with proof of the notification of the hidden defect immediately

§ 6 Liability for defects

(1) Claims for defects on the part of the customer presuppose that the customer has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code).

(2) If there is a defect in the purchased item, the customer shall be entitled to choose between subsequent performance in the form of rectification of the defect or delivery of a new item free of defects. We may refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate cost (Section 439 (4) BGB). In the event of rectification of defects or replacement delivery, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance.

(3) If the subsequent performance fails, the customer shall be entitled, at his discretion, to demand withdrawal or a reduction in price.

(4) We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.

(5) We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage.

(6) Insofar as the customer is entitled to compensation for damages instead of performance, our liability shall be limited to compensation for foreseeable, typically occurring damages.

(7) Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act. Unless otherwise stipulated above, liability is otherwise excluded.

(8) The limitation period for claims for defects is 24 months for new goods, calculated from the transfer of risk.

(9) The limitation period in the case of a delivery recourse according to § 478 BGB remains unaffected.

(10) The place of performance for subsequent performance is our registered office.

§ 7 Joint and several liability

(1) Any further liability for damages other than that provided for in § 6 is excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 BGB.

(2) The limitation according to paragraph (1) shall also apply if the customer demands compensation for useless expenses instead of a claim for damages.

(3) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

§ 8 Retention of title

(1) We reserve title to the purchased item until all payments arising from the delivery contract have been received. If the customer acts in breach of contract, in particular in the event of default of payment, we shall be entitled to take back the purchased item. If we take back the purchased item, this shall constitute a withdrawal from the contract. After taking back the purchased item, we are authorized to sell it; the proceeds from the sale are to be offset against the customer's liabilities - less reasonable selling costs.

(2) The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure it adequately at his own expense against fire, water damage and theft at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.

(3) In the event of seizure or other interventions by third parties, the customer must inform us immediately in text form so that we can file a suit in accordance with § 771 ZPO (German Code of Civil Procedure). If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 ZPO, the customer shall be liable for the loss incurred by us.

(4) The customer shall be entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim which accrue to him from the resale against his customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The customer shall remain authorized to collect this claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed and payments have not been suspended. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

(5) If the customer acts in breach of contract, in particular in the event of default in payment or breach of contractual obligations, we shall have the right to withdraw from the contract and demand the return of the goods.

(6) The processing or transformation of the object of sale by the customer shall always be carried out on our behalf. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount including VAT) to the processed objects at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered under reservation of title.

(7) If the purchased item is inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis. The customer shall keep the resulting sole ownership or co-ownership for us.

(8) We undertake to release the securities to which we are entitled at the customer's request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; we shall be responsible for selecting the securities to be released.

§ 9 Place of jurisdiction - Choice of law - Place of performance

(1) If the customer is a merchant, our registered office shall be the place of jurisdiction; we shall also be entitled to take legal action at the buyer's registered office.
(2) The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(3) The place of performance, also for subsequent performance, is our registered office.

§ 10 Customer information for contracts in electronic business transactions

(1) We are not subject to any special codes of conduct not mentioned above.
(2) You can recognize any input errors when submitting your order in electronic business transactions in the final confirmation before sending your contractual declaration and correct them at any time using the delete and change function before sending the order.
(3) The essential characteristics of the goods offered by us as well as the period of validity of limited offers can be found in the individual product descriptions on our website.
(4) The language available for the conclusion of the contract is German.
(5) Complaints and claims for liability for defects can be made at the address given above.
(6) The text of the contract is not saved by us and is therefore not accessible to you as a customer after the conclusion of the contract.