General terms and conditions of sale
|SAC GMBH, GENERAL TERMS AND CONDITIONS OF SALE |
1. Scope of Application
(1) For the business relationship between SAC-GmbH (hereinafter „SAC“) and you (the „buyer“), the following general terms and conditions of contract apply exclusively
(2) Contradictory terms and conditions from the buyer or any other terms and conditions deviating from those of SAC, must be confirmed in writing by SAC to be deemed valid.
2. Offers, Contract , Prices
(1) All offers from SAC remain subject to change. This means: Offers from SAC are to be seen as a request to the customer to place an order based on the specific offer made.
(2) The receipt of the buyer’s online order represents an offer to SAC to close a purchase contract. On receipt of the buyers order, SAC sends an order confirmation to the buyer, to verify that the order has been received and is being processed. The acceptance of the order is then confirmed in the form of a further e-mail to the buyer. It is at this point that the contract of purchase and the delivery obligations of SAC become effective.
(3) Only prices taken from the SAC pricelists valid on the date of the order are valid. SAC reserves the right to adequate price corrections, should the agreed delivery deadline of devices that are to be newly constructed, exceeds four months from the date of acceptance of the order and in that time the costs of the raw materials and components for SAC increase in that time by more than 3%.
(4) Agreements on deviating prices are only valid when confirmed in writing. All prices represent the gross product price ex works SAC Germany and exclude packaging and transport costs.
3. Revocation, Consequences of revocation
(1) The buyer can revoke an order, either in written form (e.g. fax, mail, E-mail) within two weeks of SAC’s shipping of the purchased product, without explanation, or by returning the purchased goods in their original condition. To ensure the validity of the revocation time period, it is sufficient to send the goods or the written revocation, within that that time.
The revocation is to be addressed to:-
SAC-GmbH, Michaelstraße 24a, 45138 Essen
Fax: 0201 / 79 34 79, E-Mail: firstname.lastname@example.org
2) In case of a valid revocation, both parties have to return the received goods or payments as well as any derived benefits. Should these goods, payments or benefits not be returnable, in full, part, or in damaged condition, the buyer is obliged to a value replacement to SAC. This does not apply when the damages, can be traced back exclusively to the testing of the device by a retail shop, in which it may have been possible to test. Transportable goods are to be shipped to SAC. In the case of returned goods, with a total value in 40€, SAC will cover the adequate costs of the return shipment. Non transportable goods will be collected.
4. Terms of delivery and deadlines.
(1) Place of performance for SAC’s delivery obligations is at their premises in Essen. This means: The delivery obligations of SAC are fulfilled, when the ordered goods are made available on the premises in Essen for collection by the buyer, and the buyer has been informed per E-mail or in another adequate form. . From this point onwards the risk of damages or loss of the goods lies with the buyer. The same applies, when the goods are available for collection, but cannot be released by SAC due to the buyer being in arrears with payments to SAC, irrespective of which business transaction or legislation the arrears are based on. Should however the loss or damage be caused by an employee or representative of SAC, the liability for intent shall remain unaffected.
(2) A shipment of the goods to an address that deviates from that of the customer, can only be effected on exclusive request of the buyer, and at the cost of the buyer. The risks however, from the point of transfer to the freight forwarder or nominated carrier, are then carried by the buyer. (Contract provides for delivery by carrier). SAC will select a suitable freight forwarder or carrier based on its best knowledge and convictions’, providing the buyer has not given specific instructions. Generally, the shipping is done by way of post, UPS or similar parcel service. Transport insurance is not covered by SAC.
(3) The delivery deadlines named by SAC are approximate, except when they are specifically confirmed in writing by SAC as binding. For the delivery of goods which are to be newly constructed, a non binding period of eight weeks is foreseen, providing no other agreement has been made. The delivery deadline is fulfilled then when the goods are made available for collection at the SAC premises in Essen. SAC does not take responsibility for transit times required by the freight forwarder or nominated carrier.
(4)In the case of acts of nature, which affect the operations process of SAC or their suppliers, a corresponding extension of the deadline becomes effective
Acts of nature in this case are lock-outs, blockades, traffic disruptions, and disruptions in the supply of energy or raw materials, political or other sovereign measures, disruptions in operations and similar, delaying or affecting production and/or transport. SAC will inform the buyer in the case of delays, naming the expected length of the delays. The buyer is entitled to revocation of the contract, based on the delivery conditions affected by the delays. This applies when the length of the delays mean that an upholding of the contract is no longer acceptable for the buyer.
(5) The buyer and SAC are both entitled to revocation of the order, should the delays take (or be predicted to take) longer than 3 months. Mutual compensation is void.
5. Terms of Payment, retention of title
(1) Invoices from SAC are payable immediately and without deductions. Deliveries are only carried out per cash on delivery or pre payment.
(2) The buyer may only offset such claims against those of SAC as are undisputed or legally recognized.
(3) The delay in payment on the buyer’s part, begins with the receipt of the reminder, however at the latest, 30 days after receipt and due date of the invoice. From that date SAC may charge an interest rate of 5% above the relevant basic interest rates of the European Central Bank. SAC reserves the right to validate damages, caused by late payment, exceeding this amount.
(4) The goods remain the property of SAC until paid in full.
6. Composition, Conditions and other benefits
(1) Composition of, and other agreed details on the goods to be delivered are to be taken exclusively from SAC’s, offers, order confirmations, order acceptances, or delivery notes and /or, other corresponding DIN- regulations or relevant regulations or legislation work providing these apply. Details in catalogues, brochures, advertising material and on the Internet serve only as a general description of the goods.
(2) SAC reserves the right to minor changes in the construction or form of its products
7. Buyer obligations on receipt of goods, guarantee and expiry.
(1) The buyer is obliged to check that goods are complete and free of damages directly on receiving them. Providing the buyer, the nominated freight forwarder or carrier provides a proof of delivery, or confirms a certain amount of goods has been delivered, this amount is considered by SAC as delivered. SAC is to be informed of obvious defects in writing (e.g. per fax or E-mail.), within one week of receipt of the goods.
(2) In the case of defective goods, SAC reserves the right to choose between replacement of the goods with damage free goods, and the repair of the defective goods. Should an improvement not be established even after a second attempt, the buyer is entitled to a reduction in or a revocation of the purchase contract. Minor problems do not apply in this case and do not warrant a revocation of buyer from the contract. Here however, the buyer has the right to a reduction.
(3) Guarantee claims against SAC are deemed void 2 years after sale to the buyer, and in accordance with legislation.
(1) Liability for damages directed at SAC, irrespective of the legal grounds, is non effective unless it has been subsequently and specifically regulated. Liability is limited to predictable damages.
(2) The buyer has the right to hold SAC liable for damages, when SAC or one of its legal or general representatives has caused the damage through intent or gross negligence, breaking the terms of the contract. This also applies when the life body or health , of the buyer has been affected by the same.
(3) The liability based on the The Product Liability Act, remains unaffected.
9. Applicable law, Place of jurisdiction
(1) The agreed applied law is that of the Republic of Germany under exemption of the Hague convention, and UN-legislation..
(2) Place of Jurisdiction is Essen (Ruhr), at the discretion of SAC, also at the buyer’s location