§ 1 Basic Provisions
- These General Terms and Conditions apply to all agreements between A.KRÜSS Optronic GmbH, Alsterdorfer Straße 276-278, 22297 Hamburg, Germany – hereinafter referred to as the provider – and the customer. The customer’s internal conditions may not be included unless otherwise agreed.
- A consumer, in terms of the following regulations, is any natural person that concludes a legal transaction for a purpose that is outside their trade, business or profession. A company is any natural person, legal entity or partnership that exercises their independent professional or commercial activity when concluding a legal transaction.
- The language of the agreement is German or English.
§ 2 Object of the Agreement
The object of the agreement is the sale of goods and services. The details of the goods, in particular the key features, can be found in the article description and in the additional information on the provider’s internet site.
§ 3 Conclusion of the Agreement
- The provider’s product presentations do not represent a binding offer for the conclusion of an agreement; rather, they are an invitation to submit a bid (customer offer).
- The customer may submit their purchase offer by phone, e-mail, fax, in writing or via the online ordering system.
- The offer acceptance (and with it the conclusion of the agreement) always takes place by confirmation in text form (e.g. e-mail) in which the processing of the order or delivery of the goods is confirmed to the customer or by delivery of the goods.
- The processing of the order and transmission of all the information relating to the conclusion of the agreement takes place per e-mail and is partially automated. The customer must thereby ensure that the e-mail address provided to the provider is valid, that the receipt of the e-mail is technically secured and in particular that the e-mail is not impeded by SPAM filters.
§ 4 Prices, Shipping Costs
- Additional duties, taxes or fees may be payable by the customer if the delivery is to a non-EU country. However, these are payable not to the provider but rather to the responsible customs and tax authorities. It is recommended that the customer requests the specific details from the customs and tax authorities prior to ordering.
- The applicable shipping costs are not included in the purchase price. They are displayed separately during the ordering process and must also be borne by the customer unless a delivery free of shipping costs has been agreed.
- Costs arising through payment transactions are to be covered by the customer. Such costs are for example arising when opening a letter of credit, bank transfer charges outside of Germany or payment collection costs.
§ 5 Payment and Shipping Conditions
- Legal consumer regulations specify that the risk of accidental loss and accidental deterioration of the sold goods during shipping passes to the customer only on transfer of the goods to the customer, regardless of whether the shipping is insured or uninsured. If the customer is a company, the delivery and shipping takes place at their own risk.
- Unless explicitly agreed upon, the deduction of discounts is not permitted.
§ 6 Right of Retention, Reservation of Title
- The customer may exercise a right of retention only if it relates to receivables from the same agreement relationship.
- The goods remains the property of the provider until full payment of the purchase price.
- The following also applies if the customer is a company:
a) The provider retains ownership of the goods until complete settlement of all receivables from the on-going business relationship. Pledging or assignment as security is not permitted prior to transfer of the ownership to the goods subject to reservation.
b) The customer may resell the goods in the usual course of business. In this case, the customer now assigns all receivables in the amount of the invoice that arise from the resale to the provider accepting the assignment. The customer is also entitled to collect the receivables. If the customer does not meet its payment obligations in an orderly manner, the provider reserves the right to collect the receivables itself.
c) If the goods subject to reservation are combined or mixed, the provider acquires co-ownership of the new item proportional to the invoice value of the goods subject to reservation to the other processed products at the time of processing.
d) The provider undertakes to release the securities to which it is entitled at the customer’s request when the realisable value of the provider’s securities exceeds the receivables to be secured by more than 10 %. The Provider is responsible for selecting the securities to be released.
§ 7 Warranty
- The statutory regulations apply.
- As a consumer, the customer is asked to review the goods for completeness, obvious defects and transport damage on receipt and to notify the provider and the shipping agent of complaints as soon as possible. If the customer does not meet these requirements, statutory warranty claims remain unaffected.
- The following applies, in derogation of Subsection 1, if the customer is a company:
a) Only the provider’s internal information and the manufacturer’s product description are deemed binding for the condition of the goods, to the exclusion of all other advertising, public promotions and statements made by the manufacturer.
b) The customer is obliged to immediately inspect the goods with due care for quality and quantity deviations and notify the provider in writing of obvious damage within seven days of receipt of the goods; timely shipment is sufficient for observing the deadline. This also applies to concealed defects subsequently discovered, and from the time of discovery. The assertion of warranty claims is excluded if the inspection and reporting obligation is violated.
c) In the event of defects, the provider shall provide the warranty either by subsequently improving the good or by replacement delivery, at the provider’s discretion. If the removal of the defect fails twice, the customer may either demand a reduction in price or withdraw from the agreement, at its discretion. In the event of subsequent improvement, the provider does not have to bear the increased costs that arise as a result of transferring the goods to a location other than the place of fulfilment if the transfer does not correspond to the intended use of the goods.
d) The warranty period extends for two years from the delivery of the goods. The reduced warranty period does not apply to damages culpably caused by the provider related to death, injury or impaired health, gross negligence or intentionally or maliciously caused damage, as well as to rights of recourse pursuant to §§ 478, 479 BGB (German Civil Code).
§ 8 Liability
- The provider shall be liable without limitation for damages arising from death, injury or impaired health, in all cases of intent and gross negligence, fraudulent concealment of a defect, for warranty transfers for the condition of the object of purchase, for damage in accordance with the Produkthaftungsgesetz (Product Liability Act) and in all other cases regulated by law.
- If essential contractual duties are affected, the provider’s liability in the event of slight negligence shall be restricted to damages that are foreseeable and typical of the agreement. Essential contractual obligations are important obligations related to the nature of the agreement, violation of which would threaten the achievement of the purpose of the agreement, as well as obligations that the agreement imposes on the provider in order to achieve the purpose of the agreement based on its content, the fulfilment of which enables the proper implementation of the agreement in the first place and compliance with which the customer can regularly rely on.
- In the event of contractual obligations that involve minor negligence, liability is excluded if immaterial contractual obligations are violated.
§ 9 Supplier questionnaires
In answer to supplier questionnaires we charge a fee of 30 €. Furthermore, we reserve our right of not replying to questions without quality relevance. Customers may obtain a standardized supplier questionnaire from the provider.
§ 10 Supplier
Suppliers of A.KRÜSS Optronic are obliged to keep RoHS and REACH compliance directives of the EU at all times.
§ 11 Rental conditions
Renting our analytic laboratory devices (gemmological devices are excluded from the rental option) is possible under the following conditions:
- The rental fee is 10 % of the list price for the start of every 4 weeks. This is due at the end of the rental or after each corresponding interim invoice after four weeks, payable within 10 net days.
- VAT, postage, and packaging costs extra.
- A flat fee for processing and verification will be charged independently of rental duration, to the amount of 150 €.
- This flat rate also includes transport insurance for the device(s).
- If the device(s) is (are) ordered in writing within 1 month after the start of the rental, the rental fee and the verification fee will be offset at 100 % against the purchase price. When purchasing after more than 1 month after delivery, the rent of the first month is charged at 100 %, the rent of the second and third months are charged at 75 %, and all subsequent months are offset at 50 % against the purchase price.
- The device(s) remains (remain) the property of the supplier for the duration of the test measurement and until complete payment.
- If during the test or return transport damages to the device occur, the renter is liable for the resulting repair costs (labour, spare parts, transporting costs, etc.).
- The return of the device(s) is at the expense of the renter.
- All devices must be cleaned before return and all test residue removed.
- We clean uncleaned devices subject to a charge.
- Amendments to these rental conditions must be provided in writing in order to be valid. In cases of dispute, Hamburg is the place of jurisdiction.
§ 12 Governing Law, Place of Fulfilment, Place of Jurisdiction
- German law applies to the exclusion of the UN purchasing law (CISG). For consumers, this governing law applies only if this does not exclude the protection granted by the mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).
- The provider’s registered office is the place of fulfilment for all services relating to the business relationships with the provider and the place of jurisdiction, provided the customer is a merchant, a legal entity under public law or a special fund under public law and not a consumer. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or whose residence or usual place of residence is unknown at the time an action is filed. The authority to initiate proceedings at another statutory place of jurisdiction remains hereby unaffected.