General Terms and Conditions, Conditions of Supply and Payment
- The conditions of supply and payment of VGB PowerTech Service GmbH (PTS) shall be exclusively valid unless anything else will have been confirmed by PTS in writing. The valid additional rules of book-sellersŽ regulations are also applicable.
- In the case of electronical products, the conditions of supply and payment are completed by the general terms and conditions that have become subject of the corresponding contract.
- Delivery of goods shall be subject to their availability. All deliveries shall be carried out according to §§ 447, 448 BGB at customersŽ risk and charges.
- The warranty period shall be 12 months. The customer shall inform PTS eight days after receipt of the goods about any material defect.
- The transport company shall be asked for compensation if the goods are damaged during transport.
- Customer claims for damages for whatever reason, especially due to obligations and unlawful act are excluded. This, however, shall not apply, if damages are granted, e.g. according to the product liability act in cases of deliberate act, gross carelessness, personal injury or acceptance of a guarantee for the existence of properties or the violation of essential obligations. However, damages for the violation of essential obligations are limited to predictable damage typical to the contract unless gross carelessness or guarantees are granted for personal injury or the existence of any property. A modification of the burden of proof for the disadvantage of the customer is not connected to the above rules.
- The goods shall remain property of PTS until all claims resulting from the contract will have been settled completely. Upon several receivables, or current invoices reservation of title shall secure any account balance also if individual items might have been paid.
- The invoice amounts shall be payable immediately without any deduction. No discount is granted. Collection expenses amounting to at least € 5.00 are charged upon delay of payment as well as default interest according to the legal regulations. If higher, provable damage resulted for PTS because of delayed payment, PTS shall be entitled to enforce compensation. If a customer is delaying payment or if PTS is informed about any circumstances that may decrease the soundness of a company (specially payment behaviour, insolvency) PTS shall be entitled to hold back the outstanding delivery or to deliver only against pre-payment.
- If PTS is taking back single publications on request of the customer, although it is not legally obliged to do so, it shall be entitled to bring to account a lump sum amounting to 10 % of the invoice amount or at least € 15.00.
- Essen shall be place of delivery and jurisdiction.
- The substantive law of the Federal Republic of Germany shall apply exclusively for business with foreign customers to the exclusion of reference to other legal codes and international contracts.
- PTS is using data processing equipment to carry out its business. As far as necessary and permitted according to the federal data protection act PTS is storing customersŽ data. A commissioner for data protection has been appointed. The customer is taking note of that and agrees that PTS will record, store and process customer data. Such data will not be passed on to third parties. The customer shall explicitly allow advertising per e-mail.
State: November 2004