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General sales conditions for the Schenck RoTec GmbH Online Shop

1.    Area of application and contract conclusion
1.1    The sale of accessories of balancing machines over the Internet including the relevant delivery is subject exclusively to these general sales conditions. Varying business and/or  payment conditions on the part of the purchaser are only valid if these have been accepted by Schenck RoTec GmbH in writing. These general sales conditions continue to apply even if Schenck RoTec GmbH makes delivery to the purchaser, without reservation, in the awareness of contrary or varying sales conditions on the part of the purchaser.
1.2    The illustration of the articles shown in the Schenck RoTec GmbH Online Shop (hereafter referred to as products) does not constitute an offer in the sense of §§ 145 ff. BGB. By placing an online order, the purchaser makes a binding purchase offer. We will confirm receipt of the online order to the purchaser immediately by e-mail. The receipt confirmation does not constitute order confirmation. A purchase contract only comes into effect on receipt of the order confirmation by the purchaser.
1.3    In the course of the ordering process, the risk of unintelligible or faulty transmission lies with the purchaser. Errors and omissions by Schenck RoTec GmbH are excepted. Schenck RoTec GmbH also reserves the right to make technical amendments and changes in shape, colour and/or weight, to a reasonable extent.
1.4    These general sales conditions apply only to companies in the sense of § 14 BGB.

2.    Prices and ancillary costs
2.1    Unless specified otherwise in the order confirmation, the prices of Schenck RoTec for the products apply as stated in the Online Shop at the time of placement of the order, including the usual packaging. The costs of dispatch, i.e. a fixed dispatch charge depending on the method of delivery, will be displayed during the ordering process and in the order confirmation, and invoiced separately.
2.2    All prices are net prices, and are subject to VAT at the prevailing rate.
2.3    All prices are exclusive of customs duties and import sales tax. The recipient of the goods is responsible for paying customs duty on imports in his country.
2.4 Payment must be made in Euro.

3.    Payment
3.1    Unless agreed otherwise, payment for online orders must be made in advance or by credit card.
3.2    In the event of late payment by the purchaser, Schenck RoTec GmbH, without detriment to other or further rights, is entitled to charge interest at a rate of 8 % above the relevant base interest rate.
3.3    Reconciliation or exercising of a right of retention on the basis of counter-claims by the purchaser which are disputed by Schenck RoTec GmbH and not established in law, is excluded. The exercising of a right of retention is also excluded to the extent that the counter-claims of the purchaser are not based on the same contractual relationship.
3.4    Late payment by the purchaser entitles Schenck RoTec GmbH to withhold further deliveries, to withdraw from existing purchase contracts with the purchaser, including those not subject to late payment, where a commercial relationship exists, or to require compensation for damages on the grounds of non-fulfilment.

4.    Delivery, transfer of risk and delivery delay
4.1    Deliveries are made exclusively within the Federal Republic of Germany and the European Union.
4.2    The selection of the carrier or other means of delivery will be made at the discretion of Schenck RoTec GmbH.
4.3    All deliveries are made at the risk of Schenck RoTec GmbH. The risk is transferred to the purchaser on handover of the goods by the carrier or other means of delivery to the purchaser. Handover constitutes confirmation of the undamaged condition of the packaging or outer packaging. If the goods are damaged or not in perfect condition when delivered by the carrier, the recipient is obliged to document this on the delivery note. Otherwise resulting complaints cannot be accepted.
4.4    Late acceptance by the purchaser also constitutes handover.
4.5    The purchaser is obliged to dispose of the packaging at his own cost.
4.6    Delivery times are as stated in the order confirmation. Specified delivery times are only considered as approximate unless they have been expressly designated as binding by Schenck RoTec GmbH. In the event circumstances such as labour disputes at Schenck RoTec GmbH or its subsidiary suppliers, in particular strikes and lockouts, or the occurrence or unforeseen events beyond our control, all delivery times are extended by the duration of the interruption of business operations of Schenck RoTec GmbH caused by such hindrances. The purchaser will be notified of the beginning and end of such hindrances by Schenck RoTec GmbH as soon as possible.
4.7    If delivery times are not expressly designated as binding, Schenck RoTec GmbH is only considered to be late with delivery following a written request by the purchaser, which may be made at the earliest three weeks after expiry of the delivery time. In the event of any delivery delay caused due to minor negligence, the claim for compensation for damages under § 280 Para. 1 and Para. 2, 286 BGB is limited to a maximum of 5 % of the total price of the products which Schenck RoTec GmbH is late in delivering.   

5.    Reservation of ownership
5.1    The ownership of the goods delivered is only transferred to the purchaser after full payment has been received.
5.2    If the validity of the reservation of ownership in the destination country is linked to special requirements or special formal regulations, the purchaser must ensure their fulfilment.
5.3    The purchaser may neither assign, sell or transfer the goods delivered as security before transfer of ownership. In the event of assignment, distraint or other disposal by third parties, the purchaser must draw attention to the property of Schenck RoTec GmbH, and notify Schenck RoTec GmbH accordingly and immediately.

6.    Complaints
6.1   The purchaser has the following rights of complaint in the event of material and legal defects:
6.1.1     Complaints on the part of the purchaser require that he has complied properly with his examination and complaint obligations under § 377 HGB.
6.1.2   At its own discretion, Schenck RoTec GmbH will either supply fault-free goods or rectify faults demonstrably existing as a result of circumstances occurring before the transfer of risk in accordance with Sections 4.3 and 4.4.
    The purchaser must report defects immediately and in writing, giving a description of the defect in question. Schenck RoTec GmbH reserves ownership of parts replaced on an exchange basis.
6.1.3    Complaints may not be made as a result of causes which are not due to the culpability of Schenck RoTec GmbH, for example:
Natural wear, excessive stress, improper maintenance or repair work by the purchaser or third parties, incomplete or faulty information by the purchaser, unsuitable or improper use, faulty operation, assembly or commissioning.
6.1.4    The purchaser must allow Schenck RoTec GmbH the required time and opportunity for subsequent fulfilment. If Schenck RoTec GmbH is not given this opportunity, Schenck RoTec GmbH accepts no liability for the resulting consequences. Only in urgent cases of danger to operating safety or for the prevention of disproportionately serious damage, in which case Schenck RoTec GmbH must be notified immediately, does the purchaser have the right to rectify the fault himself or have it rectified by a third party, and require reimbursement of the costs by Schenck RoTec GmbH.
6.1.5    In the event of subsequent rectification, Schenck RoTec GmbH will be responsible for all costs involved in the rectification of the fault, in particular transport, labour and material costs, provided that such costs are not increased due to the fact that the goods have been moved to another place other than the place of fulfilment. § 439 (3) BGB remains unaffected.
6.1.6    In cases of culpable joint causation of defects by the purchaser, in particular due to failure to observe his damage avoidance and limitation obligation, Schenck RoTec GmbH, after subsequent fulfilment, is entitled to claim compensation in accordance with the joint liability of the purchaser.
6.1.7    If an appropriate time set for Schenck RoTec GmbH to rectify a fault elapses without success, the purchaser – taking into account legal exceptions – is entitled to withdraw from the contract. If only a minor defect is present, the purchaser is only entitled to a reduction of the contract price. Otherwise the right to reduction of the contract price is excluded.
6.2 All further fault claims (particularly for compensation for damages not sustained to the goods themselves) are determined exclusively according to Section 7.

7. Liability of Schenck RoTec GmbH, liability disclaimer
7.1 Schenck RoTec GmbH is liable, including in case of damages due to infringement of obligations during contract negotiations, on whatever legal grounds, (in particular also for compensation for damages not sustained to the goods themselves) only in the case of:
-    deliberate intent,
-    culpable infringement of cardinal contractual obligations,
-    gross negligence on the part of its executive bodies or senior employees,
-    culpable injury to life, limb or health,
-    defects maliciously concealed by Schenck RoTec GmbH,
-    infringement of property or durability guarantees,
-    personal and material damages in case of liability for privately used objects under the Product Liability Act.
7.2 In the event of infringement of cardinal contractual obligations, Schenck RoTec GmbH is also liable for gross negligence on the part of non-executive employees, and for minor negligence on the part of its executive bodies or senior employees. In the case of minor negligence, liability is limited to reasonably foreseeable damages typical of such contracts.
7.3 The liability of Schenck RoTec GmbH for the loss of data is limited to the cost which would be required for the reconstruction of the data, if this data had been properly backed-up by the purchaser.
7.4    Compensation for purely financial damages is limited by the principles of good faith, such as in cases of disproportionality between the order value and the amount of the damage.
7.5    Any further liability – on whatever legal grounds – in particular also for compensation for damages not sustained to the goods themselves, is excluded.
7.6 Schenck RoTec GmbH is not liable for the consequences of defects for which no complaints are raised in accordance with Section 6.1.3.

8. Limitation
8.1 The limitation period for complaints is 12 months, counting from the date of transfer of risk.
8.2 The legal limitation regulations apply instead for culpable injury to life, limb or health, grossly negligent conduct on the part of executive bodies or senior employees, deliberate or malicious conduct, the culpable infringement of cardinal contractual obligations, guarantees and claims under the Product Liability Act. These also apply for defects in building works or goods used for building works in accordance with their normal purpose, and which caused the defect.
8.3    The start of the limitation period is determined according to legal regulations.

9. Applicable law, place of jurisdiction and fulfilment
9.1 The law of the Federal Republic of Germany applies, to the exclusion of all conflicting regulations and the UN Convention on the International Sale of Goods (CISG).
9.2 Place of jurisdiction for all disputes resulting from the contractual relationship is the head offices of Schenck RoTec GmbH. Schenck RoTec GmbH reserves the right to institute legal action before the court responsible for the purchaser.
9.3    Place of fulfilment for all deliveries and services, and for payments by the purchaser, is Darmstadt.

10. Miscellaneous
If any individual stipulations are found to be invalid, such invalidity is restricted to the clause in question. The parties to the contract undertake to replace any invalid stipulations with other valid stipulations which most closely approximate the commercial sense and purpose of the invalid stipulations; the same applies for any omissions in the contract.