General Terms and Conditions of Business with Private Customers – 2013-05-15
Note: This is a translation of a German document into English language.
As we do business only under German Law, in cases of dispute only the German wording of the GTCs will apply.
1. Scope
The following general terms and conditions (GTCs) apply for all contracts, shipments, and other services between Kuhne electronic GmbH and private customers. Private customers in the sense of this document are natural persons which do or intend to do business with Kuhne electronic GmbH not practising a commercial or self-employed business thereby.
Kuhne electronic GmbH does not accept any conditions which are opposite to or deviating from these GTCs conflicting terms and conditions of a customer do not become valid unless the terms and conditions are explicitly and individually recognized in writing by Kuhne electronic GmbH.
2. Conclusion of Contract
The presentation of the products in the catalogue does not constitute a legally binding offer of Kuhne electronic GmbH but an invitation to order. By sending an order, customer enters into a legally binding offer for a respective contract. The contract will be concluded with our confirmation of the order within two weeks after dispatch of the order or by delivery of goods ordered.
2.1 Force Majeure
1. The Parties are not responsible for the failure to perform its contractual obligations if the failure is due to circumstances beyond their control for the cause of the hindrance and in particular but not limited to if it is one of the following causes: Fire, natural disasters, act of war, confiscation, export regulations (prohibition of export), embargo or other acts of government, general shortage of materials, limitation of power consumption, industrial disputes or if there is a breach of contract by suppliers on any such circumstances. The impediment and its removal must be reported immediately to the other contractual Party.
2. Either Party may terminate the contract by written notice, if the fulfillment of the contract is prevented for more than six months according to clause No.1.
3. Instruction on Right of Revocation:
Right of Revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) or by returning the merchandise within a period of two weeks. The revocation does not have to contain any grounds. The revocation period commences upon receipt of this declaration of revocation in text form but not before receipt of merchandise (in cases of recurrent deliveries of uniform goods not before receipt of first instalment) and also not before fulfilment of our information obligation upon Art. 246 § 2 in conj. with §1 para 1 und 2 EGBGB as well as fulfilment of our obligations acc. To § 312 e para 1 BGB (German commercial Code) in conj. with Art. 246 § 3 EGBGB. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.
The revocation is to be addressed to:
Kuhne electronic GmbH, Scheibenacker 3, D-95180 Berg
Telefax: + 49 (0)9293/800938
Email: info@kuhne-electronic.de
Consequences of revocation
In case of a valid revocation, all mutually received performances as well as emoluments (e.g. interest) taken, if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store. For a deterioration exclusively due to intended use of merchandise no restitution has to be made.
Goods that can be shipped by parcel are to be returned on our risk. You are obliged to bear the costs of the return shipment if the merchandise delivered corresponds to the merchandise ordered, and if the price of merchandise to be sent back does not exceed an amount of 40 € or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. Things that cannot be shipped by parcel will be picked up.
All reimbursement obligations must be fulfilled within 30 days. For you, time limit starts with sending of the declaration of revocation or merchandise, for us with their receipt.
End of revocation instruction
4. Dispatch and Delivery
The delivery of goods ordered will be effected within one to three workdays. The compliance with our delivery obligation furthermore requires the due and orderly performance of the customer´s obligations in due time. The defence of non-performance of the contract is reserved.
Delivery times for customized products and goods not in stock are not binding unless seller committed itself to a binding delivery date in written form.
In case we are not able to keep biding delivery dates due to reasons we are not responsible for (impossibility of performance, e.g. because our suppliers fail to deliver) we shall inform the buyer without delay and determine a new delivery period which appears reasonable according to the circumstances.
If performance continues to be impossible also within the newly determined period, we shall be entitled to cancel the agreement completely or partly; we shall thereupon immediately reimburse any already provided counter-performance. Cases of impossibility of performance include cases of force majeure (e.g. strike, business interruptions/restraints, or transport difficulties).
5. Prices and Payment
The prices stated are EURO-prices (including VAT). Shipping cost are not included.
We offer delivery against payment in advance, against invoice, direct debit, or credit card. For delivery to new customers or customers from outside Germany, payment has to be effected in advance. In case of purchase on account (invoice), customer is obliged to settle invoice within 21 days after receipt of goods in full unless otherwise agreed. For payments with credit card or debit credit, collection takes place before the goods are dispatched.
The buyer shall not be entitled to offset payment against counterclaims unless such claims are undisputed or finally established by court. Further, buyer is only authorized to exercise the right of retention to the extent as his counter claim is based on the same contractual relationship.
If you use your right of revocation, you have to bear regular cost of return if the merchandise delivered corresponds to the merchandise ordered, and if the price of merchandise to be sent back does not exceed an amount of 40 € or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge.
To make an estimate of the costs for repairs we charge a fee of max. 80,- € (on a time and material basis). If we do the repair this fee is charged against the repair costs.”
6. Warranty
Palpable defaults in material or production including transport damages should be notified to us in writing within two weeks upon receipt. Failure of timely complaint does not effect your legal claims.
Buyer has the choice if supplementary performance is to be executed by remedial action or substitute delivery. Whereas, we are authorized to refuse chosen alternative if this is only feasible under disproportional cost and the other alternative does not stay with any substantial disadvantages. During supplementary performance, a reduction of price or rescission of contract are excluded. Supplementary performance deems to be failed when performed twice without success if from the mod of article or failure any other result can be drawn. Already the opening or destroying of the seal on our modules leads to caveat emptor. The guarantee for semiconductors and the withdrawal of those is also disclaimed. Customized products and special developments may not be returned.
In addition, statutory provisions apply.
7. Retention of Title
We reserve title of all goods delivered until complete settlement of all contractual receivables. Also, extended reservation of title applies.
Upon any levy of execution or other respective third party actions we have to be immediately informed to execute our rights under § 771 BGB.
8. Final Provisions
All disputes resulting from this contractual relationship are solely governed by German law.
If any regulation in these terms and conditions or within the scope of further agreements should become ineffective the effectiveness of all remaining regulations or agreements is not touched. The stipulation which is invalid in whole or in part shall be replaced by an arrangement which comes as closely as possible to the invalid stipulation in terms of its economic effect.
In case of any dispute of these GTCs, the German version of the GTCs will prevail over the English version.
