Terms of sale

General conditions:
All deliveries are subject to our terms and conditions of sale. By accepting the order confirmation or the delivery note, acceptance of the goods and/or the invoice, the buyer acknowledges these terms and conditions of sale. Conflicting conditions of the buyer require our written approval in order to be valid. The notification of the accompanying form (e.g. order confirmation, delivery note) shall be deemed to be a confirmation of purchase, unless we object within 14 days. Verbal agreements require written confirmation.

Quotations and prices:
Price quotations and invoices are a) for deliveries ex German warehouse in EURO b) for direct import by the Buyer in EURO or in the corresponding national currency. Prices are indicative and subject to change unless otherwise agreed in writing. Any changes, e.g. in import and export duties, sales taxes, exchange rates, freight costs and insurance premiums, which occur after the order has been placed, shall be borne by the Buyer, without any increases being grounds for the Buyer to cancel the order. The price of the goods shall include standard packaging, unless otherwise agreed.

Delivery:
All orders are accepted subject to the possibility of delivery. The delivery time will be observed to the best of our ability, but we reserve the right in all cases to postpone or refuse delivery, to execute the order in partial shipments or to cancel the order without the purchaser being entitled to any compensation. Shipment shall be effected a) in the case of domestic deliveries ex German warehouse or distribution centre (in the case of delivery ex agent's warehouse, the Buyer's pre-carriage costs shall be added). Transport insurance shall only be covered by the Seller for this purpose on the express instruction and at the expense of the Buyer. b) in the case of direct imports, carriage paid to the border of the country of origin of the respective manufacturer, unless expressly agreed otherwise. In the case of direct import shipments, the transport insurance shall extend to the border of the Federal Republic of Germany. Deliveries are always made at the risk and peril of the recipient. In the absence of a special agreement, shipment shall always be made to the best of the seller's judgement, without any obligation to use the cheapest means of transport. The seller is not liable for damages, theft, shortages or loss of the goods. The carrier shall only accept claims for compensation for damage incurred during transport if any damage, missing individual packages or short weight as a result of loss or robbery is certified on the consignment note by the deliverer immediately upon delivery. Dimensions and quantities of the ordered goods shall be taken into account by us as accurately as possible, a tolerance of 5 % upwards or downwards is customary in the trade, likewise minor sorting and colour deviations in the case of imported goods must be tolerated. Quantities and sorting are delivered according to the order, unless standard units are specified for certain articles.
 

Payment:
The terms of payment are based on the current price list. The payment terms run from the date of the invoice. Payment of the invoice amount must be made within the agreed payment term in EURO unless expressly agreed otherwise. In the event of late payment, interest on arrears will be charged at a rate of 4% above the respective Bundesbank discount rate. In the case of bank transfers or cheques, the date of the value date shall be deemed to be the date of receipt of payment, provided that there are sufficient funds. If a significant deterioration in the financial circumstances of the Purchaser becomes known or if the Purchaser defaults on a payment, the Supplier shall be entitled to demand immediate payment of all outstanding invoices, including those not yet due, and to cancel any outstanding deliveries. Withholding of payments due to any counterclaims of the Purchaser as well as offsetting of counterclaims is excluded in any case. Bills of exchange shall only be accepted for payment within the discount periods and only by special agreement and subject to the usual reservations against reimbursement of bank, discount and collection charges.

Retention of title:
The delivered goods shall remain the property of the Vendor until they have been paid for. Until payment of all claims arising from the business relationship, including any refinancing or reverse bills of exchange, the Vendor retains title to its deliveries of goods which may only be sold in the ordinary course of business. The Buyer hereby assigns to the Seller the claims arising from a resale of the reserved goods. Pledges and transfers by way of security of goods subject to retention of title are not permitted. The Buyer shall notify the Seller immediately of any seizure of goods subject to retention of title.

Defects:
Complaints can only be made in writing within 8 days of receipt of the goods. In the case of acknowledged defects, there is only an obligation to replace the goods with faultless goods or to take them back at the discretion of the seller. The credit note shall only cover the pure value of the goods without incidental costs. Claims for damages, including those arising from material or design defects, as well as compensation for loss of profit shall be excluded. The right to complain about defects expires if the goods are tampered with without authorization. In the case of goods sold under factory guarantee, liability shall only be assumed insofar as replacement is provided by the manufacturer concerned. Goods may only be returned after prior notification and written confirmation by the seller. Returns will only be accepted if sent carriage paid; these must always be sent to our home address in Memmingen.
Representatives are not entitled to decide on material defects or deviations in quality and may not accept any goods which are the subject of a complaint, unless the Seller has given its express consent in the individual case.

Exchange of information on corporate customers:
The Vendor works with credit reference agencies and credit insurance companies. Upon request, the Seller will provide the Customer with the addresses of these companies, which will also provide the Customer with information about the data stored about the Customer. Data on the method of payment or the business relationship may be transmitted to these companies and information on the customer may be obtained from them. The seller can also report data to the companies due to non-contractual processing. The companies store this data in order to be able to provide the companies affiliated with them with information for assessing the creditworthiness of customers or the address of customers for the purpose of identifying debtors.

Place of performance:
Memmingen shall be the place of jurisdiction for all claims arising from the purchase contracts and related business relations. German law shall apply exclusively.

Terms of sale:
Should there be justified legal objections to any part of these terms and conditions, they shall be handled in the manner that comes closest to the economic sense and purpose and is possible. The validity of the remaining terms and conditions of sale shall not be affected thereby.

Please note, that in case of legal dispute only the official German version of the general terms and conditions are legally binding. We assume no responsibility for automatic translation.

STEFAN KECKEISEN AKKUMULATOREN E.K.
MEMMINGEN