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Terms and conditions of business and delivery ERREPI USV GmbH

Edition: 01.01.2024

1. applicable conditions

All our deliveries are made exclusively on the following terms and conditions. These Terms and Conditions of Sale shall apply to all business transactions with the Purchaser or other customers (hereinafter jointly referred to as ‘Purchaser’), even if they are not mentioned in subsequent contracts. They shall also apply if the Purchaser refers to its own terms and conditions, in particular when accepting the offer or in the order confirmation, unless these have been expressly agreed to.

2. prices

a) All prices quoted by us in writing or verbally are subject to change.

b) Prices are only binding if they are contained in a specified and written offer.

c) Prices are quoted net in EURO. The prices quoted are subject to statutory VAT for deliveries within the Federal Republic of Germany.

d) The prices include the customary transport packaging of the devices.

e) All UPS products and accessories in this price list are delivered free of charge within Germany and Austria. When ordering accessories without UPS, the prices do not include shipping costs.

3. price changes

a) Price changes are permissible if there are more than three months between the conclusion of the contract and the agreed delivery date. If wages, material costs or market cost prices increase thereafter until completion of the delivery, we shall be entitled to increase the price appropriately in line with the cost increases. The customer shall only be entitled to withdraw from the contract if the price increase significantly exceeds the increase in the general cost of living between the order and delivery.

b) 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 provision if there are more than six weeks between the conclusion of the contract and the agreed delivery date.

4. scope of delivery

a) The scope of delivery is determined by our written order confirmation. Information provided by telephone is not binding.

b) Information on weights and dimensions, as well as other technical parameters, is provided to the best of our knowledge. They are non-binding unless agreed in writing.

c) We reserve the right to make design or mould changes that are due to improvements in technology or legal requirements during the delivery period, provided that the delivery item is not significantly changed and the changes are reasonable for the customer.

5. delivery periods

a) The delivery period begins with the dispatch of the order confirmation, but not before the provision of any documents, authorisations and approvals to be procured by the customer and not before receipt of an agreed down payment.

b) The delivery dates depend on the quantity and special requests. As a rule, we deliver our series devices within two working days.

c) The delivery deadline shall be deemed to have been met if readiness for dispatch has been notified or the delivery item has left the factory by the time it expires.

d) The delivery period shall be extended in the event of industrial disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles beyond our control, e.g. operational disruptions, delays in the delivery of essential materials, insofar as 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 subcontractors. The delivery period shall be extended in accordance with the duration of such measures and hindrances. We shall also not be responsible for the aforementioned circumstances if they occur during an already existing delay. In important cases, we shall inform the customer of the beginning and end of such hindrances as soon as possible. If the interruption lasts more than 90 days, both parties to the contract shall be entitled to withdraw from the contract.

e) If an agreed delivery deadline cannot be met for reasons for which we are responsible, the customer is obliged to set us a subsequent delivery deadline of at least 4 weeks in writing. Should we also culpably fail to meet this deadline, the customer shall be entitled to withdraw from the order (contract).

f) Any further claims for damages are excluded for all cases, insofar as permissible.

6. cancellation costs

If the customer cancels a placed order without justification, we may claim 20% of the sales price for the costs incurred in processing the order and for loss of profit, without prejudice to the possibility of claiming higher actual damages. The customer reserves the right to provide evidence of lower damages.

7. warranty

a) Upon delivery, the customer or recipient must inspect the delivered goods immediately. Any defects found must be recorded in writing on both the consignment note and the delivery note, stating the defect, and confirmed by a legible signature.

b) Defects occurring at a later date must be reported in writing within one week of their first occurrence.

c) All warranty claims shall lapse if these provisions are not complied with.

d) Warranty claims are only available to the customer and are not transferable.

e) We provide a 24-month warranty for all goods in the price list. The warranty extends only to the products, but not to any consequential damage from any cause whatsoever. Loss or damage due to operating errors and/or improper handling of the goods are excluded from the warranty. Warranty claims must be made in writing within two weeks of the defect occurring.

f) The warranty includes free subsequent delivery or repair in our workshop or one of our service centres by ERREPI USV GmbH. The return delivery for repair must be free of charge in all cases. Wearing parts such as lamps, fuses, fans, batteries, etc., as well as software are excluded from the 24-month warranty. Separate type and manufacturer-dependent warranties apply to batteries.

g) Any manufacturer's warranty commitments apply independently of this warranty.

The statutory warranty provisions are not affected by this provision.

8. claims for damages

a) Claims for damages arising from the contract (in particular default and positive breach of contract), from culpa in contrahendo and by law (in particular from tort) are excluded against us as well as against our vicarious agents, unless there is intent or gross negligence.

b) If a claim for damages exists on the merits, its amount shall be limited to a maximum of 25% of the value or order value invoiced by us.

c) Our liability for compensation under the Product Liability Act is excluded for property damage.

9. reservation of title

a) We reserve title to the delivery items until full payment of all claims, including existing or future claims.

b) In the event of breach of contract by the customer, in particular default of payment, we shall be entitled to take back the goods after issuing a reminder and the customer shall be obliged to surrender them.

c) The assertion of the retention of title as well as the seizure of the delivery items by us shall not be deemed a cancellation of the contract, unless the provisions of the Consumer Credit Act apply or this is expressly declared by us in writing.

d) In the case of use vis-à-vis merchants, a legal entity under public law or a special fund under public law, the following shall also apply: The customer 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 customer (including VAT) that accrue to the customer from the resale, irrespective of whether the delivery items are resold without or after processing. The customer is authorised to collect these claims after their assignment. Our authorisation to collect the claims ourselves remains unaffected by this; however, we undertake not to collect the claims as long as the customer duly fulfils his payment obligations and is not in default of payment. However, if this is the case, we may demand that the customer discloses the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

e) The processing or transformation of the goods by the customer shall always be carried out on our behalf. If the delivery items are processed with other items not belonging to us, we shall 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.

f) If the delivery items are inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery items to the other mixed items. The customer shall hold the co-ownership for us.

g) The customer may neither pledge the delivery items nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must notify us immediately and provide us with all information and documents necessary to protect our rights. Enforcement officers or a third party must be informed of our ownership.

10. terms of payment

a) Invoices are due for payment upon receipt.

b) If there are concerns about the customer's ability to pay, we shall be entitled to withhold deliveries or make them dependent on the provision of security or advance payment.

c) Invoices must be paid within 30 days without deduction. This does not apply to invoices for repair services, wear parts and spare parts. These are to be paid immediately, strictly net, without deductions. Deviating discount agreements require written agreement

d) Reduction, offsetting or assertion of a right of retention shall only be permitted against us insofar as the counterclaim has been legally established or is undisputed.

e) By law, we are entitled to default interest of 5% above the base interest rate according to § 1 of the Discount Transition Act (§§ 284 para. 3; 288 para. 1 BGB) 30 days after the due date and invoicing. We reserve the right to assert further claims for damages caused by default.

11 Place of jurisdiction and choice of law

a) For any legal disputes arising from or in connection with our deliveries to our customers, the place of jurisdiction is Fürstenfeldbruck, as far as legally permissible.

b) The law of the Federal Republic of Germany shall apply exclusively, but excluding the Uniform Law on the Formation of Contracts for the International Sale of Goods and the Uniform Law on the International Sale of Goods.

12. miscellaneous

a) The customer assumes the obligation to properly dispose of the delivered goods after the end of use at his own expense in accordance with the statutory provisions. The Customer shall indemnify the Supplier against the obligation under §10 (2) ElektroG (manufacturer's take-back obligation) and any associated third-party claims.

b) 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 the statutory provisions. Before returning the goods, the Customer must request a return material authorisation number (RMA number). No goods can be accepted without an RMA number.

c) 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 that the goods are passed on again. If the customer fails to contractually oblige third parties to whom he passes on the delivered goods to assume the disposal obligation and to impose a further obligation, the customer shall be obliged to take back and properly dispose of the delivered goods at his own expense after the end of use.

d) The manufacturer's claim for acceptance/release by the customer shall not expire before the expiry of two years after the final termination of use of the device. The two-year period of expiry shall commence at the earliest upon receipt by the manufacturer of a written notification from the customer of the termination of use.

e) Transfers of rights and obligations of the customer arising from the contract concluded with us require our written consent to be effective.

f) Should a provision be or become invalid, this shall not affect the validity of the other provisions.