Our general terms and conditions of AkKu Power Ltd
The following terms and conditions (GTC) apply to all transactions, including future transactions with our buyers, unless different conditions have been agreed in writing. By placing an order, the buyer also accepts our conditions for future transactions. We do not accept the buyer's own terms and conditions, even if reference is made to them in orders or other letters.
2. Offers/Conclusion of Contract
Our offers are subject to change. The contract is concluded upon written order confirmation. If the buyer accepts our goods before receipt of the order confirmation, the contract is concluded when the goods are accepted.
We are only liable for the characteristics of our goods specified by ourselves. Minor, reasonable deviations from the description in our offer are considered approved, this applies in particular to dimensions, colors and such deviations that are due to the latest technology and production.
3. Delivery times
Delivery periods are only binding if they have been agreed in writing. Partial deliveries are permitted. The delivery deadlines have been met if the goods have left our factory by the time they expire or the readiness for shipment has been notified. In cases of delivery impediments through no fault of our own, the delivery period shall be extended accordingly. Section 275 BGB also applies. Payment arrears by our buyers from the relevant or other transactions with us release us from compliance with agreed delivery periods.
4. Dispatch/transfer of risk
Transport is carried out at the expense and risk of the buyer, unless otherwise agreed. The risk of damage and destruction of the goods is transferred to the buyer upon delivery to the carrier, even if partial deliveries are made. Insurance against transport damage and transport losses by us is only provided by a separate written agreement.
5.Payment
Without special written agreements, our receivables are due without deduction within 14 days of receipt of the invoice in our account. Cheques are only accepted as compensation. Payment is delayed when due, without the need for a reminder. In the event of default, all liabilities of our buyers to us are due immediately, including current account balances. Counterclaims can only be offset if they have been recognized by us or have been legally established. The buyer's rights of retention only exist if it is based on the same purchase relationship.
6. Retention of title
The delivered goods remain our property until all obligations of the buyer arising from the business relationship have been met in full. Payment delay and/or significant deterioration of his financial circumstances obliges the buyer, insofar as legally possible, to return the goods to us upon first request. The buyer is revocably entitled to sell the reserved goods within the framework of proper management, but not to pledge or transfer them as security. Resale may only take place subject to retention of title if the customer does not make payment immediately. Existing payment arrears against us preclude the right to resell. The buyer is obliged to insure the reserved goods against storage risks and to prove to us that they have taken out insurance upon request. He hereby assigns to us any insurance claims or other compensation claims due to the loss or deterioration of the reserved goods. We accept this assignment.
7. Warranty/liability
We reserve the right to make changes in the design or design of our goods that do not affect their functionality or their economic value. They do not represent a defect. Defects are eliminated through subsequent performance. We are entitled to make replacement deliveries. Section 439 (3) sentence 1 BGB remains unaffected. Section 377 HGB applies to the commercial business relationship, with the proviso that obvious defects, incomplete or incorrect deliveries must be reported in writing no later than 5 days after receipt. Before corrective action, we must be given the opportunity to view the complained about goods. We carry out the transport necessary for subsequent performance ourselves or through agents. In the commercial business relationship, claims for material defects expire 12 months from delivery of the goods. In the context of selling consumer goods, the statutory provisions generally apply, with the proviso that when selling used items, the limitation period is 1 year after delivery of the goods and claims for damages can only be asserted in accordance with Section 8.
8. Compensation
Compensation claims by the buyer due to breach of obligations arising from the obligation and from tort are excluded. This does not apply to claims under the Product Liability Act, in cases of intent, gross negligence, injury to life, limb or health and due to the breach of essential contractual obligations. However, compensation for slightly negligent breaches of essential contractual obligations is limited to foreseeable damage typical of the contract. The same applies to claims due to grossly negligent conduct by simple vicarious agents.
9. Place of fulfilment/place of jurisdiction
The place of fulfilment is Schorndorf. Schorndorf is the place of jurisdiction in general commercial transactions. We are also entitled to assert our claims in court at the location of the buyer's registered office or branch.
10.Final provision
Should any provision of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining conditions.