The following conditions apply to deliveries and services from ERREPI USV GmbH.
This English text is a translation. In case of discrepancies or questions of interpretation, the German version is authoritative. Open the German version.
1. Applicable Terms
All our deliveries are made exclusively under the following conditions. These terms and conditions of sale apply to all business transactions with the customer or other clients (hereinafter collectively referred to as “customer”), even if they are not mentioned in subsequent contracts. They also apply if the customer refers to his own terms and conditions, particularly when accepting the offer or in the order confirmation, unless these have been expressly agreed to.
2. Prices
2.1 All prices quoted by us in writing or verbally are subject to change as long as no written order confirmation has been provided.
2.2 Prices are stated net in EURO. The statutory VAT is due at the stated prices for deliveries within the Federal Republic of Germany.
2.3 The prices include the standard transport packaging for the devices.
2.4 All prices do not include shipping costs. Shipping costs are determined and displayed depending on the weight of the packages and the recipient country.
2.5 In individual cases, deliveries to countries outside the European Union may incur additional costs for which we are not responsible and which must be borne by the buyer (e.g. customs duties).
3. Price Changes
3.1 Price changes are permitted if there are more than three months between the conclusion of the contract and the agreed delivery date. If wages, material costs or market purchase prices subsequently increase until the delivery is completed, we are entitled to increase the price appropriately in line with the cost increases. The customer is only entitled to withdraw if the price increase significantly exceeds the increase in the general cost of living between the order and delivery.
3.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, price changes are permitted in accordance with the aforementioned regulation if there are more than six weeks between the conclusion of the contract and the agreed delivery date.
4. Scope of delivery
4.1 The scope of delivery is determined by our written order confirmation. Telephone information is not binding.
4.2 Information about weights and dimensions, as well as other technical parameters, is given to the best of our knowledge. They are non-binding unless agreed in writing.
4.3 Changes in design or shape that are due to improvements in technology or legal requirements are reserved during the delivery period, provided that the delivery item is not significantly changed and the changes are reasonable for the purchaser.
5. Delivery times
5.1 The delivery period begins with the dispatch of the order confirmation, but not before the provision of any documents, permits, releases that may be required by the customer and before receipt of an agreed deposit.
5.2 The delivery dates depend on the number of pieces and special requests.
5.3 The delivery deadline is deemed to have been met if readiness for dispatch has been communicated or the delivery item has left the factory before its expiry.
5.4 The delivery period is extended in the event of measures in the context of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles that are beyond our control, e.g. B. operational disruptions, delays in the delivery of essential materials, to the extent that such obstacles can be proven to have a significant influence on the delivery of the delivery item. This also applies if the circumstances occur with sub-suppliers. The delivery period is extended depending on the duration of such measures and obstacles. We are not responsible for the aforementioned circumstances even if they arise during an already existing delay. In important cases, we will inform the purchaser of the beginning and end of such obstacles as soon as possible. If the interruption lasts more than 90 days, both parties to the contract are entitled to withdraw from the contract.
5.5 If an agreed delivery deadline cannot be met for reasons for which we are responsible, the purchaser is obliged to set us a subsequent delivery deadline of at least 4 weeks in writing. If we culpably fail to adhere to this deadline, the purchaser is entitled to withdraw from the order (contract).
5.6 Any claim for damages beyond this is excluded in all cases, to the extent permissible.
6. Cancellation costs
If the customer withdraws from an order placed without justification, we can demand 20% of the sales price for the costs incurred in processing the order and for lost profits, without prejudice to the possibility of claiming higher actual damages. The purchaser reserves the right to provide proof of lesser damage.
7. Warranty
7.1 Upon delivery, the purchaser or recipient must immediately inspect the delivered goods. Any defects identified must be recorded in writing on both the consignment note and the delivery note, stating the defect and confirmed with a legible signature.
7.2 Defects that occur later must be reported in writing within one week of their first occurrence.
7.3 All warranty claims expire if these regulations are not adhered to.
7.4 Warranty claims are only available to the purchaser and are not transferable.
7.5 We provide a 24-month warranty for all goods in our product range. The warranty only extends to the products, but not to any consequential damage from whatever cause. Loss or damage resulting from operating errors and/or improper handling of the goods is excluded from the warranty. Warranty claims must be made in writing within two weeks of the error occurring.
7.6 The warranty includes free subsequent delivery or repair in our workshop or one of our service points by ERREPI USV GmbH. In any case, the return for repairs must be carried out free of charge. Wear parts such as fuses, fans, batteries, etc., as well as software are excluded from the 24-month warranty. The batteries are subject to their own type and manufacturer-dependent warranties.
7.7 Any warranty commitments made by the manufacturer apply independently of this warranty.
The statutory warranty regulations are not affected by this regulation.
8. Claims for damages
8.1 Claims for damages arising from the contract (in particular default and positive breach of contract), from negligence in concluding the contract and by law (in particular from unlawful acts) are excluded against us as well as against our vicarious agents and vicarious agents, unless there is intent or gross negligence.
8.2 If a claim for damages is based on the merits, the amount is limited to a maximum of 25% of the value or order value invoiced by us.
8.3 Our obligation to pay compensation under the Product Liability Act is excluded for property damage.
9. Retention of title
9.1 We reserve ownership of the delivery items until all claims have been paid in full, including existing or future claims.
9.2 If the purchaser behaves in breach of contract, particularly in the event of late payment, we are entitled to take back the goods after a reminder and the purchaser is obliged to return them.
9.3 The assertion of retention of title and the seizure of the delivery items by us do not constitute withdrawal from the contract unless the provisions of the Consumer Credit Act apply or this is expressly declared by us in writing.
9.4 When used by merchants, a legal entity under public law or a special fund under public law, the following also applies: The purchaser is entitled to resell the delivery items in the ordinary course of business; However, he hereby assigns to us all claims in the amount of the purchase price agreed between us and the purchaser (including VAT) that accrue to the purchaser from the resale, regardless of whether the delivery items are resold without or after processing. The purchaser is authorized to collect these claims after their assignment. Our authority to collect the claims ourselves remains unaffected; However, we undertake not to collect the claims as long as the customer properly meets his payment obligations and is not in default of payment. However, if this is the case, we can demand that the purchaser disclose the assigned claims and their debtors, provide all the information required for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.
9.5 The processing or transformation of the goods by the customer is always carried out on our behalf. If the delivery items are processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the delivery items to the other processed items at the time of processing.
9.6 If the delivery items are inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the delivery items to the other mixed items. The customer keeps the co-ownership for us.
9.7 The customer may neither pledge the delivery items nor assign them as security. In the event of seizures, seizures or other dispositions by third parties, the purchaser must inform us immediately and provide us with all information and documents that are necessary to protect our rights. Enforcement officers or a third party must be informed that we are our property.
10. Payment Terms
10.1 The invoices are due upon receipt of payment.
10.2 If there are concerns about the customer's ability to pay, we are entitled to withhold deliveries or to make them dependent on security deposits or advance payment.
10.3 Invoices must be paid immediately, net - without deductions. Different payment agreements require written agreement
10.4 Reduction, offsetting or assertion of a right of retention are only permitted against us to the extent that the counterclaim has been legally established or is undisputed.
10.5 By law, we are entitled to default interest of 5% above the base interest rate in accordance with Section 1 of the Discount Transfer Act (Sections 284 Paragraph 3; Section 288 Paragraph 1 BGB) 30 days after the due date and invoice issuance. We reserve the right to assert further damages caused by the delay.
11. Place of jurisdiction and choice of law
11.1 For any legal disputes arising from or in connection with our deliveries to our customers, the place of jurisdiction is Fürstenfeldbruck, to the extent permitted by law.
11.2 The law of the Federal Republic of Germany applies exclusively, but excluding the uniform law on the conclusion of international sales contracts for movable property and the uniform law on the international purchase of movable property.
12. Miscellaneous
12.1 The customer assumes the obligation to properly dispose of the delivered goods after the end of use at his own expense in accordance with legal regulations. The customer releases the supplier from the obligation according to §10 Paragraph 2 ElektroG (manufacturer's obligation to take back) and any related claims from third parties.
12.2 If the customer has no possibility of disposal, the supplier can take back the delivered goods at the customer's expense after the end of use and dispose of them properly in accordance with legal regulations. Before returning the item, the customer must request a returns number (RMA number). No goods can be accepted without an RMA number.
12.3 The customer must contractually oblige commercial third parties to whom he passes on the delivered goods to dispose of them properly at their expense in accordance with the statutory provisions and to impose a corresponding further obligation in the event of the goods being passed on again. If the customer fails to contractually oblige third parties to whom he passes on the delivered goods to assume the obligation to dispose of the goods and to continue to do so, the customer is obliged to take back the delivered goods at his own expense after the end of use and to dispose of them properly.
12.4 The manufacturer's claim to acceptance/indemnification by the customer does not expire until two years after the final end of use of the device. The two-year expiry period begins at the earliest upon receipt of a written notification from the customer to the manufacturer about the termination of use.
12.5 Transfers of the purchaser's rights and obligations from the contract concluded with us require our written consent to be effective.
12.6 According to §14 UStG, e-invoices will be sent in PDF format from January 1st, 2025.
12.7 Should a provision be or become invalid, the validity of the other provisions remains unaffected.