General Terms and Conditions of AIRNERGY International GmbH
- Validity of the conditions
The deliveries and offers of AIRNERGY International GmbH are made exclusively on the basis of the following General Terms and Conditions (T&C). By referring to the T&C without an objection by the customer, the customer accepts the T&C. References of the customer to his terms and conditions are hereby contradicted. The terms and conditions provided by AIRNERGY International GmbH at the time the contract is concluded shall apply. These can be viewed and printed via the website of AIRNERGY International GmbH.
- Conclusion of contract
By sending/transmitting the signed form, the customer offers AIRNERGY International GmbH the conclusion of a purchase contract/contract for work and materials. He is bound to his application for four weeks.
The contract shall be deemed concluded if AIRNERGY International GmbH has confirmed in writing the acceptance of the order of the more specifically designated objects of purchase within this period or the delivery has been executed. AIRNERGY International GmbH shall, however, be obliged to inform the customer immediately if the order is not accepted. The information on goods and prices are subject, among other things, to adjustment due to technical changes in the products offered.
Unless otherwise agreed, the prices are ex works, the statutory value added tax is not included in the prices, it will be shown separately in the invoice at the statutory rate on the day of invoicing. Estimates for repair costs are always subject to a charge.
- Terms of payment
Payment is always made by advance bank transfer to the account of AIRNERGY International GmbH. At the request of the customer, delivery will be made cash on delivery. The costs incurred are to be paid by the customer. AIRNERGY International GmbH is free to choose the delivery company. AIRNERGY International GmbH may also deliver on account at its own discretion.
Invoices are due for payment immediately without deduction.
Payments shall be made directly to AIRNERGY International GmbH. Employees of AIRNERGY International GmbH are only authorized to accept payments with a written collecting power.
In case of delayed payment, AIRNERGY International GmbH shall be entitled, without prejudice to the assertion of further damage caused by delay, to charge interest on arrears at a rate of 5% above the respective discount rate of the German Federal Bank. The customer may prove to AIRNERGY International GmbH that as a consequence of the delay in payment no damage or considerably less damage has been caused.
The customer shall only be entitled to offset with undisputed or legally established counterclaims. If the customer is a merchant, he is only authorized to exercise a right of retention as far as the counterclaim is undisputed or legally binding.
- Delivery time / delay
AIRNERGY International GmbH makes every effort to meet the stated delivery dates. However, stated delivery times are always only approximate and non-binding. Partial deliveries are permissible.
Compliance with the delivery obligation of AIRNERGY International GmbH shall be subject to the timely and proper fulfillment of the customer’s obligation to cooperate. If the buyer is in default of acceptance or violates the obligation to cooperate, AIRNERGY International GmbH shall be entitled to demand compensation for damages including any additional expenses. If the buyer does not meet his obligation to take delivery even after a further written request with a grace period of 14 days, AIRNERGY International GmbH shall be entitled to withdraw from the contract or to claim damages.
If AIRNERGY International GmbH claims damages, such damages shall amount to a lump sum of 20% of the agreed purchase price. The damages shall be set higher or lower, if AIRNERGY International GmbH proves a higher or the Buyer proves a lower damage.
- Shipping/Transfer of Risk
Unless otherwise agreed, the place of performance shall be the distribution warehouse of AIRNERGY International GmbH in Hennef.
Shipment shall be at the expense and risk of the customer. The goods shall be insured against transport damage at the customer’s expense.
In the event of a complaint about the goods, the customer shall bear the costs for the return transport of the goods to the place of performance and the dispatch to him after repair/exchange. This regulation only applies to commercial customers. It also applies to customers with delivery addresses outside the Federal Republic of Germany. In such a case, the customer shall arrange for transport to the place of performance.
If the customer complains about the goods and it is determined that there is no defect for which AIRNERGY International GmbH is liable due to liability for material defects or warranty, the customer shall in any case bear the costs for transport. A return to the customer will also only be made after reimbursement of costs.
- Liability for material defects/compensation
The customer is obliged to inspect the goods immediately for transport damage, wrong delivery and defect deviations. Transport damages are to be claimed against the carrier. As far as AIRNERGY International GmbH has agreed to take over the risk of transport, claims of the customer due to transport damages are excluded, if the customer fails to notify the transport company of the damages and to inform AIRNERGY International GmbH immediately.
The customer shall notify AIRNERGY International GmbH in writing of obvious defects within 2 weeks after receipt of the goods. If the customer is a merchant, the provisions of §§ 377, 378 HGB shall apply.
In the event of a material defect within the meaning of § 434 BGB (German Civil Code), AIRNERGY International GmbH shall be entitled, at its own discretion, to rectify the defect or deliver a replacement. This regulation does not apply if the order is a purchase of consumer goods within the meaning of §§ 474 ff. BGB (German Civil Code) is concerned. If the second attempt at repair or replacement delivery also fails, the customer shall be entitled to withdraw from the contract or reduce the purchase price.
Warranty claims do not exist in particular if
- a) the defect is due to the fact that the AIRNERGY International GmbH has made changes or extensions to the object of purchase or has provided it with spare parts neither approved by AIRNERGY International GmbH nor supplied by it.
- b) the defect is due to improper use, operation, lack of care or maintenance or to violent effects.
- c) the defect is due to deterioration.
AIRNERGY International GmbH shall only be obligated to repair or replace the defective goods if the Buyer has paid the remuneration corresponding to the value of the defective performance.
Only the customer is entitled to claims for material defects and these are not transferable. Further claims of the customer beyond the legal claims are excluded.
The Buyer’s claim for damages due to a breach of duty on the part of AIRNERGY International GmbH, its legal representatives or vicarious agents, in particular for damage not occurring to the delivery item itself, for lost profit or other financial losses, shall be excluded.
This limitation of liability shall not apply in the event of intentional or negligent breach of a primary contractual obligation by AIRNERGY International GmbH, its legal representatives or agents. In case of a slightly negligent breach of a primary contractual obligation, AIRNERGY International GmbH shall be liable at most up to the typically foreseeable damage, which usually does not exceed the purchase price of the ordered goods. The liability is limited to damages to the ordered goods.
The limitation of liability with regard to secondary obligations shall also not apply in case of intentional or grossly negligent breach of duty by AIRNERGY International GmbH, its legal representatives or vicarious agents.
A liability is also not excluded, as far as it concerns a damage from the injury of the life, the body or the health.
Furthermore, the limitation of liability shall not apply if the customer asserts claims for damages due to non-fulfilment in accordance with §§ 463, 480 paragraph 2 BGB (German Civil Code) due to the absence of a warranted characteristic.
The regulations of 7.6.3. and 7.6.4. shall not apply as far as the customer is a commercial customer.
The limitation period for claims arising from liability for material defects in the case of a purchase of consumer goods according to §§ 474 ff. BGB (German Civil Code) 2 years, otherwise 1 year, calculated from the time of transfer of risk. This period shall also apply to claims for compensation for consequential damage caused by defects, provided that no claims in tort are asserted.
- Retention of title
AIRNERGY International GmbH shall retain title to the delivered goods until full payment of all claims to which AIRNERGY International GmbH is entitled against the customer and, if the customer is a merchant, beyond that arising from the business relationship with the customer, regardless of the legal grounds.
If the customer acts in breach of contract, especially in case of default of payment, AIRNERGY International GmbH shall be entitled to demand surrender of the goods sold. Taking back does not constitute withdrawal from the contract, unless AIRNERGY International GmbH expressly declares this in writing.
The customer is entitled to resell the goods delivered under reservation within the scope of his business operations. He assigns to AIRNERGY International GmbH in advance any claims arising from the resale of the goods or on any other legal grounds in the amount of the claims to which AIRNERGY International GmbH is entitled against him.
The customer is obliged to treat the goods delivered under reservation of title with care and to insure them against destruction and loss at his own expense until the transfer of title.
The buyer agrees that personal data of his order will be stored electronically and processed for the purposes of the business relationship in accordance with the statutory provisions.
- Applicable law, place of performance and jurisdiction
The contractual relations between the Seller and us are exclusively subject to German laws to the exclusion of UN Purchase Law.
Place of performance for all claims from the contractual relationship is Hennef. Siegburg is agreed as the place of jurisdiction for all disputes, provided that the customer is a merchant.
Subsidiary agreements and amendments to this contract are only legally effective if they are confirmed in writing by AIRNERGY International GmbH.
Should a provision or part of a provision of these General Terms and Conditions or of a contract referring to them be invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties undertake to enter into a new agreement which comes as close as possible to the economic purpose of the invalid provision and which they would have agreed upon if they had been aware of its invalidity.
AIRNERGY Schweiz GmbH
AIRNERGY International GmbH