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General Terms and Conditions of Supply

 

of Auer GmbH

1. General provisions
All deliveries and services by Auer GmbH due to on-line orders or any other orders are subject to the following General Terms and Conditions.
Any deviant and/or additional agreements shall require the explicit approval of the managing board or an authorised person and have to be in writing; this also applies for any waiver of the written-form requirement.

2. Terms of delivery
Unless otherwise explicitly stipulated, the delivery dates given in order confirmations are not binding.
Auer GmbH will stick to delivery dates as far as possible.
If delivery is not effected within the given period, the customer shall be entitled to set a deadline of at least 6 weeks. If Auer GmbH does not effect delivery within this new deadline, the customer shall be entitled to withdraw from the contract by giving a written notice.
Auer GmbH shall be entitled to withdraw from a contract if services become impossible by reasons beyond their control, especially in cases of force majeure, war, industrial dispute or non-performance of suppliers beyond the control of Auer GmbH..
The customer shall immediately be informed about the unavailability of the goods ordered and any payment already effected by him will immediately be refunded.

3. Passing of risk
The risk passes to the customer as soon as the goods have been passed on to the forwarder and have left our warehousing. This also applies in cases where transport costs have been borne by Auer GmbH.
Claims for transport damage shall immediately be asserted by the customer directly to the forwarder or Auer GmbH within the applicable period.
Any shipment effected by the customer to Auer GmbH is carried out at the sole risk of the customer until the goods arrive at Auer GmbH. Especially the risk of transport is solely taken by the customer.

4 .Terms of payment
All invoices of Auer have to be paid immediately and without any discount.
Cheques will only be accepted on account of clearance.
Any bank charges incurring with cheque payments shall be borne by the customer. The customer may only exercise a right to offset if his claims are not contested by Auer GmbH or have been established with final and binding effect by a court law. The customer may only exercise a right of retention if it is based on the same contractual relationship.

5. Warranty
Claims concerning the scope of delivery, product defects, wrong deliveries and varying quantities, shall be asserted in writing immediately – at the latest one week after receipt of the goods, if the claims can be noticed by reasonable inspection. Punctual dispatch suffices to comply with the time limit. After this period of one week, warranty for obvious defects shall expire. Auer GmbH gives a one-year warranty on new products starting from the delivery date of the goods. Auer will not give any warranty on used products if the customer is not a consumer. The limitations mentioned shall not apply if any defect has maliciously been concealed. In the event of any justified claim, Auer GmbH will deliver the missing articles, mend the goods respective or send new products. Warranty on any machines is limited to mending. Should the mending fail, the purchaser shall be entitled to withdraw from the contract or to reduce the price of the goods purchased in accordance with article 441 of the German Civil Code (BGB).

6. Liability
In the event of slightly negligent infringement of obligations by Auer, the liability shall be limited to the foreseeable, actual damage typical to the contract. This shall also apply for slightly negligent infringements of obligations by Auer’s vicarious agents. Auer is not liable for slightly negligent violations of non-substantial contractual obligation. The limitations on liability do not apply for claims of customers regarding product liability. The limitations on liability do not apply to costumer claims filed for damage due to loss of life, limb or health caused by Auer.

7. Reservation of title
Any product purchased shall remain the property of Auer GmbH until all contractual obligations are fulfilled. The reservation of title shall also be applied for all claims which Auer gains against the purchaser after delivery for example due to repairing or any other services rendered. During the period of reservation of title the purchaser shall be entitled to possess and use the goods purchased, as long as he timely fulfils his obligations regarding the reservation of title and his obligations of the contractual relationship. The customer is obliged to inform Auer GmbH about all information required to assert the rights in connection with the reservation of title.

8. Data processing
Auer GmbH is entitled to collect, save and process all necessary data and information regarding the customer required in the course of business relationship between the customer and Auer GmbH.

9. Severability clause
Should any of the provisions in these General Terms and Conditions be or become invalid, all other provisions of the General Terms and Conditions shall remain valid. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.

10. Miscellaneous provisions
The place of performance and the place of jurisdiction for all contracts is the registered office of Auer GmbH, if the customer is a merchant as defined in the German Commercial Code (HGB), a legal person or a publicly owned trust.
This agreement is subject to German law.
The commercial law of the United Nations shall not be applied.

Auer GmbH
Phone: +49(0)8075/91333-0
Fax: +49(0)8075/91333-29

 
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