General Terms and Conditions
- General Provisions
The general provisions are ground for all deliveries and services of Automation Berlin Kunz GmbH. Varying or supplementary agreements are acceptable only in written form and after written agreement of Automation Berlin Kunz GmbH. An agreement via E-Mail is sufficient. The following provisions in connection to the "Allgemeine Lieferbedingungen für Erzeugnisse und Leistungen der Elektroindustrie" (newest edition) are included as content of the sales contract or delivery contract. This provision applies even if no reference is made to it in future contracts.
General Terms and Conditions of the customer do not apply to us. Our general terms and conditions are considered accepted upon order placement and our order confirmation if the contracting party is a merchant in the sense of "HGB".
General Purchasing Terms of the customer are herewith being explicitly opposed. Purchasing terms do also not apply to us even if we do not express our opposition upon receipt of such terms. Our delivery and payment conditions are considered accepted the latest upon receipt of our goods.
Statements and any other agreements – especially if these statements and agreements change these General Terms and Conditions – will become effective for us only upon written confirmation. Our offers are always non-binding.
- Prices and Catalogs
Our price lists, printed material and offers are to be understood ex factory/factory gate price, excluding packaging, transportation and insurance costs and customs. The prices increase corresponding to statutory value added tax. The prices are non-binding and the contract is made only upon order confirmation or execution of the order. Any changes in prices and costs entitle us to a legitimate price adjustment. This also applies to already confirmed orders.
Orders done via telephone, fax or verbal orders, additions, changes, etc. require our written confirmation additionally, all side-agreements must be made valid through written form.
If buyer withdraws from the contract or refuses to abide and fails to prove that damages were inquired or inquired in a certain amount, he or she is obliged to settle at least some % of the gross worth of the order representing the lump sum of damages caused.
The enforcement of the some % exceeding damages is under reservation. This provision is valid for all cases in which our claim to damages is justified due to a breach of contract.
Minimum order value of EUR 500 or the order in the Siemens factory can not be produced.
- Custom Orders, Service
Custom or special orders cannot be returned. Services are rendered according to our offer.
Ex-factory deliveries occur at the buyer's own risk and under his or her expense excluding packaging. Goods are only insured upon explicit instruction of the buyer. Additional insurance costs are to be handled by the buyer. In this case we only act as intermediary.
We choose the delivery service is made as long as the buyer has not given any instructions during the time of order. An extension of the delivery schedule will be stipulated according to §326 BGB should our delivery be delayed. The length of which, is at least four weeks. However, any delays of the manufacturers or predealers are not our responsibility since we have neither influence nor control over the delivery schedule and the production line.
The delivery deadline has been observed as soon as the item has left the manufacturer or the dispatch has been communicated. The contracting party is obliged to inform the supplier upon request within an acceptable period of time if he or she wishes to step back from the contract due to the delay of the supplier or if the delivery is to be carried out aynway.
We are entitled to arranging partial deliveries.
Special circumstances such as industrial disruptions, raw material shortages, war, confiscation, strikes, lockouts, delivery problems as well as a higher power free us from withdrawing from the contract whereas, every form of compensation for damages is excluded as long as permitted by law.
Returns are accepted under reservation. The return depends on whether we can return the goods to the respective manufacturers. Storage as well as processing charges always apply for returned goods. The charges vary significantly upon the manufacturer. Information regarding the charges can be provided upon request. Otherwise lump sums are charged.
The payment of the billed amount is always to be rendered before dispatch of goods unless other conditions apply according to the offer.
New customers must make a 50% advance payment of the total worth of the order and the remaining balance before dispatch of the goods. Bank charges are doubled for customers abroad who make partial payments.
5a: Our invoices are, unless otherwise agreed, to be paid within ten days after date of invoice. The customer is in default of payment, late payment charges, the one percent per one working day is of outstanding invoices. Bill charges and default interest are immediately due for payment.
- Liability and Defects
The decisive factor for determining the condition of our shipment is the point at which the goods were turned over to the forwarder or Freight Company. The latest is the time at which the goods leave the factory or the warehouse. This includes freight free deliveries.
Complaints pursuant to a part of the shipment does not entitle to complaints against the entire shipment. In case of valid complaints it is our prerogative to select if repairs or depreciated replacement deliveries are made. In case of failure to repair or of the replacement delivery, then the right of transformation or reduction is entitled to the customer.
All claims to damage compensation against us or any of our agents are excluded whether these claims stem from a contract, quasi-contractual or non-contractual obligation especially if these are claims of default, subsequent impossibilities, affirmative breach of the contract, negligence in contracting or unauthorized action.
The customer is obliged to inspect the goods immediately upon drop off and provide written notice in case of any damage or deviation in quantity of goods. If damage or deviation in quantity is noticed later on which was not visible during the initial inspection as described above, then written notice must be given immediately thereafter. Otherwise, goods are considered as approved despite damage or deviation in quantity
The recipient is obliged to receive goods with damages and with deviating quantity only under restriction and has to have the condition of the goods certified by the forwarder or Freight Company. Goods returned without our advance agreement will not be accepted. Furthermore, costs arising out of the return of the goods must be handled by the buyer.
If possible the shipment should be returned in its original packaging to ensure its safe shipment or if not, in packaging that is similar to the original. Damages that are traced back to insufficient packaging will not fall under our responsibility and are thus the responsibility of the buyer. Automation Berlin Kunz GmbH cannot be held liable for any costs arising out of returned shipments and must thus be handled by the buyer.
Used parts are sold without guarantee! Information provided about the characteristics of the goods to be sold is considered approximate and have been given on basis of our best knowledge. No guarantee!
Automation Berlin Kunz GmbH is not liable for the constant and undisrupted availability of www.automation-berlin.com or for any technical and electronic errors of email offers.
- Reservation of Ownership
All delivered goods remain the property of Automation Berlin Kunz GmbH until the fulfillment of all the demands of the business relationship including remaining balances.
The goods may only be used or resold in the course of proper business. We are entitled to the purchase and wholesale price at the time of manufacture if goods are used or resold. The customer transfers such future purchase and wholesale prices to us at this point. It is our voluntary decision to inform any third parties of this arrangement. The buyer obliges him or herself explicitly to immediately reveal written documents regarding the type and amount of the demands upon our request. We are obliged by the buyer to retransfer if the amount of the given assurance surpasses the demand by more than 20%.
The buyer is obliged to inform us immediately of any seizure and other impairment of our property. Arising costs for legal enforcement must be shouldered by the buyer.
The goods delivered under reservation of ownership occur at the risk of the buyer. We have the right to demand return of the goods without notice if the buyer is delayed in the payment of the goods. Any depreciation of the goods is the responsibility of the buyer.
- Jurisdiction and competent court
Jurisdiction for all obligations contained in the contract is 35683 Dillenburg. All disputes arising out of the contract with registered merchants or public judicial entities especially of bill of exchange or cheque, are to be decided by the competent court.
None of the other provisions are affected by the invalidity of any of the previously stated provisions. The contracting parties are obliged to replace any invalid provisions through a new provision that closely resembles the thought and purpose of the invalid provision. Technical changes of all products are reserved.
- Data Storage and Data Protection
According to §28 BDSG (Bundesdatenschutzgesetz) we are drawing your attention to the fact that data is being saved and processed for the purposes of business transactions as per EVD-attachment according to §33BDSG. All customer related Data is treated confidential. The customer acknowledges that his or her data is being saved based on the contract with Automation Berlin Kunz GmbH. This data serves solely the purpose of order processing and will not be forwarded to any third parties.