Sales -, terms of payment and supply
Our offers and supplies take place on the following conditions:
Deviating agreements must be in writing and are mandatory to us only by our explicit written confirmation. On alteration or inefficacy of individual points of these conditions the rest of the regulations remain unaffected. Verbal special agreements are ineffective. Ineffective conditions are to be supplemented and interpreted in such a way that the originally intended purpose can be best possibly reached.
1. Offers and order
Our offers are always not-binding. Quotes are noncommittal. An order is only considered as accepted only when it is confirmed by us in writing. With the receipt of our confirmation of the order without objections the buyer accepts these conditions. For the kind and the extend of the supply solely the content of our confirmation of the order is binding. Subsequent alterations are effective only with our confirmation in writing. With acceptance of the sales contract the solvency of our customers is presupposed. Thereafter if a substantial degradation of the financial circumstances of the costumer occurs or if the information about a substantial deterioration of thepecuniary circumstances of the costumer comes to our knowledge that has occured prior to the acceptance of the sales contract , then we are entitled to withdraw from the sales contract or require prepayment.
Our prices apply starting from Sillerup/Germany, plus taxes and expenses - in Germany GST(Mehrwertsteuer). If special instructions for dispatch are not present, we ourselves select the kind and the way of the dispatch. Packing, freight, postage, tariff and insurance are debited to the buyer. Insurance will be arranged only on explicit request of the buyer. Packing charge is on buyer's own and will not be taken back. Prices are subject to modification, particularly if customer's own charges change due to changes in wages and other expenses or due to change of the public fees and taxes up to the day of delivery.
The supply starts from Sillerup. The time for delivery begins with the day of our confirmation of order, however not before clarifying all details of the order execution. Delivery time indications are only approximate. Claims due to late supply are ruled out, except in the case of our actual fault, which the buyer has to prove. Business disruptions of all kinds on our side and our suppliers and interruptions due to force majeure entitle us to extend the delivery time appropriately, and if neccessary, waive the liability for delivery totally or partly. Events of force majeure are circumstances, which, without our actual fault, render the delivery infeasable or impossible to us. With the delivery of the commodity to the carrier or carriers, at the latest however after it has left our house, the risk in the remaining stages changes overto the buyer.
The payment takes place in accordance with the terms of payment agreed upon in the confirmation of order. Should an arrearage in payment of the instalments occur, the respective total claim including secondary claims become immediately due. In case of payment delays we reserve the right to charge an interest % 2 on the top of the respective base interest rate of the European Central Bank or our efective interest rate in case of a credit. A right of lien of the buyer due any requirements or a set-off are ruled out, except with undisputed or validly determined demands.
Defects and objections are immediately to notify in writing, at the latest however 10 days after arrival of the supply at the destination. Legal regulations apply when defects are detected. We are liable for deficiencies in the context of the legal guarantee. We however have the right of the rework of unsatisfactory articles or for replacement. We may try rework or replacement at least twice. Only after that the buyer can revert the contract according to the legal rules. Further warranty claims are ruled out. Objections cannot be appreciated, if any interferences at the commodity have been carried out by the buyer or a third party without our written permission. In case of eligible notices of defect and warranties we are free to either replace the article to the price that is valid at the time of objection or to carry out a rework. Defective goods may be sent back only with our permission and only on buyer's expenses and risk. The notice of defect does not dispense the buyer from his or her payment obligation.
We are liable for rough negligence by legal representatives or leading employees and for culpable breach of substantial contract obligations by these or other coworkers according to the laws. We are not liable for the breach of insignificant contract obligations by other coworkers. In
these cases the period of limitation for all claims is limited to two years starting from the time of the breach of the contract and we are liable for untypical and therefore unforeseeable detriments. The product liability law applies to relevant claims without reservation.
7. Obligation to cooperate with consultation, use and processing
We ask you for explicit references, if you orientate yourself by own consultation or application-technical references, whose effects are not obvious to us. We may particularly draw your attentionto the fact that we do accept consulting engagements in individual cases against remuneration, whereby the details must be individually arranged. Without a remuneration our references have a noncommittal character.
8. Protective and copyrights
If a violence of protective rights or through a product is pointed out, that is supplied by us, we solely are entitled and obligated to defend the buyer against claims of the owner of such rights and to regulate these claims at our own expenses, as far as this is due to the direct breach by a product supplied by us. It is basically our pursuit to provide our customer the right to use the product. Should this not be possible on appropriate economical conditions, we will at our own judgement modify the product, so that no violence of protective rights occur, or withdraw the product and refund the priceso less a compensation for the usage so far. If the buyer changed or integrated the product supplied by us into a system, or instructed us to carry out these modifications in a way resulting in a violence of protective and copyrights, the buyer is obligated to defend and/or release us in relation to claims of the owner of the violated rights. Programs and respective documentations provided by us are only for buyer's use on a normal and not transferable
licence and only on the products supplied by us. The buyer may not make these programs and documentations accessible to a third party, nor when reselling the hardware. Copies may only be made for archive purposes, replacement or error tracing. A liability or a cost compensation by us for such copies are ruled out. If originals carry a copyright reference, this is also to be attached on copies by the customer.
9. Customer Data
A storage of the customer-related data is considered as agreed upon. Subject to your objection at any time, we use your data also for own advertising purposes corresponding to the legal legitimacy.
The export of our commodity into non-EU countries requires our written permit, independent of the fact that the buyer himself or herself is obligated to consider the legal regulations of imports and exports.
Albert Schumann GmbH points out particularly that possibleincentives, independent of which kind (intensive course, accommodation, food supply, gifts, etc.) are to qualify as operating income and/or as wage payment through a third party and the employer has to retain the wage tax and pass it on to tax office (§ 38 Abs. 1 sentence 2 EStG). The relevant taxation will not be taken over by Albert Schumann GmbH.
12. Partial nullity
Should individual regulations be or become futile, ineffective or contestable, they are to be interpreted in such a way and/or supplemented that the intended economic purpose is achieved as exactly as possible in a legally permissible way. The remaining regulations remain unaffected. This also generally applies to gaps in need of supplement.
13. Retention of Title
We reserve ownership on the supplied commodity until the complete settl ementof all of our claims resulting from the business relationship. The buyer is our trustee. In the case of resale and processing of the commodity, which is permitted only in the context of a normal business concern, the buyer yields all the claims, that result from the resale or the reproccessing, to us. If the buyer fulfills his or her liabilities relating us, then he or she is entitled to demand all . On demand the buyer has to give exact information about the further use or processing of the commodity supplied by us and about the resulting claims. Hypothecation or assignment as security of the goods under our retention title is inadmissible without our written permit. The buyer has to immediately communicate seizing or otherwise impairment of the good or claims through resale or reprocessing under our retention title or by a third party with by sending a copy of the relevant protocols.
14. Advice on the links on our homepage
With the verdict from 12th of May 1998 - 312 O 85/98 - "liability for links" the regional court (LG)Hamburg decided that placing a link on a website possibly renders the owner of the website accountable for the content of the linked page. This can be prevented - so the court - only by explicitly dissociating oneself from these contents. Since we offer links to our manufacturers and we have no influence on the contents of the linked pages, we dissociate ourselves explicitly from the contents of these sites. This declaration applies to all available links on our home page, which
are or will become active. The logos are registered trade marks of the manufacturers. Please take this into consideration.
With the submitting of an order you accept our AGB.
15. Place of execution and jurisdiction
Place of execution for all claims resulting from the legal relation is Sillerup/Germany. Place of jurisdiction, also for complaints relating to currency exchange and cheque right is Flensburg. The law to be applied is that of the Federal Republic of Germany. The use of UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. We reserve the right to file a suit the place of jurisdiction of our foreign contractual partners and/or to select their local law as the applicable law.