autoVimation General Terms and Conditions
1. General
Legal transactions with our customers are concluded on the basis of these terms and conditions. Deviating agreements, terms and conditions are only binding if they are confirmed by us in written form.
2. Conclusion of contract
Our offers are non-binding. The order is only considered accepted when it has been confirmed by us in writing. Technical information in brochures does not represent guaranteed properties. Drawings, samples and other documents that are not part of the object of purchase remain our property. They may only be made accessible to third parties with our consent and must be returned to us upon request. This applies in particular to technical sketches, samples and all company documents that are not part of the commercial contract. The contractor reserves the right to invoice the agreed service by post or electronically by e-mail.
3. Prices
The list prices in the price list at the time of delivery (ex works) apply. For small orders with a goods value of less than EUR 15, an additional EUR 10 will be charged for order processing.
4. Delivery and Acceptance
The delivery takes place at the expense and risk of the customer. This also applies if carriage paid delivery has been agreed. Partial deliveries are permitted. The packaging is customary in the industry and is charged at cost price. If the delivery is delayed through the fault of the customer, we are to be reimbursed for the costs incurred as a result. If we are prevented from fulfilling our delivery obligation due to unforeseen obstacles, which we cannot avert despite the reasonable care taken under the circumstances - whether they occur in our company or at the supplier - the delivery time shall be extended appropriately, even if the delivery was already delayed . If the delivery subsequently becomes impossible due to these obstacles, we are entitled to subsequently withdraw from the contract.
Claims for damages due to delay or impossibility are excluded in transactions with merchants if there is no intent or gross negligence on the part of our executive employees and our vicarious agents. In transactions with non-merchants, claims for damages are limited to the proven damage, but no more than 10% of our invoice value of the goods with which we are in default of delivery or whose delivery has become impossible for us, if gross negligence on our part or our employees and vicarious agents is not present. If the delivery is not accepted by our customer, we are entitled to withdraw from the contract after setting a grace period of 14 days.
There is no need to set a grace period if the customer seriously and finally refuses acceptance. The claim for damages amounts to 30% of the value of the delivery that was not accepted, unless the customer can prove that the damage was less.
5. Shipping
Shipping costs are calculated according to the shipping price list. The shipping method is determined by us.
6. Notification of Defects
Obvious defects will only be accepted if they are reported in writing within 14 days of receipt of the goods, but in any case before processing or installation, stating the delivery note number.
7. Warranty and Liability
We provide a guarantee for guaranteed properties and freedom from defects within the framework of the manufacturer's guarantee, in accordance with the state of the art. Prerequisite for the warranty of the delivered goods is the correct description of the operating conditions and appropriate use. Liability from warranty for defective goods is limited to subsequent delivery or repair. In the event that these measures fail, the customer can demand a reduction in the agreed price (reduction) or cancellation of the contract (change). Further claims are excluded unless the damage is based on an intentional or grossly negligent breach of contract by us or one of our legal representatives or vicarious agents.
Alleged defects (even in some areas) of the delivery do not entitle the customer to withhold the disputed invoice amount. Warranty claims lapse within the statutory period.
8. Return of Goods / Right of Withdrawal
In the event that we obligingly take back and store resalable goods, we charge a flat rate of 10% of the value of the goods, but at least EUR 50 as a processing fee.
Custom-made products cannot be returned or exchanged.
If you place your order as a consumer (i.e. as a natural person for a purpose that cannot be attributed to your commercial or self-employed professional activity, § 13 BGB), you can cancel it without giving reasons by means of a declaration by fax, e-mail or simply by writing or by returning our goods. A cancellation period of one month after receipt of the goods must be observed for sending the declaration of cancellation or our goods.
9. Payment
Unless otherwise agreed, our invoice amounts are due and payable according to the invoice, provided that the customer has paid previous invoices. In the event of a delay in payment, we are entitled to charge default interest of 8% (§ 288 BGB) above the respective base interest rate (according to § 247 Paragraph 1 BGB). In the case of installment payments or bills of exchange, the deferred remainder is due if an installment is not paid or a bill of exchange is not redeemed.
10. Indemnification
Advice in any form is given as far as possible to the best of our knowledge and belief, taking into account the manufacturer's data and information. It's free. Liability is not assumed unless liability is mandatory according to the statutory provisions. Assurances from third parties are only effective with our written confirmation.
Liability for all claims for damages by the buyer - with the exception of legal liability for intent and guaranteed properties - is limited as follows, regardless of whether they are based on statutory provisions, tortious acts, contractual agreements, violations of these, culpa in contrahendo or on any other legal basis :
We or our vicarious agents and legal representatives are only liable for damage to the buyer if they are guilty of gross negligence.
In any case, we are only liable for such damage to the buyer that we could foresee in terms of type and scope at the time the contract was concluded, taking into account all circumstances known to us or culpably unknown to us.
11. Retention of Title
The goods delivered by us or our contractual partners remain our property until the purchase price has been paid in full, as well as other claims to which we are entitled from the business relationship. If the goods are resold as permitted, combined with other products or processed, the customer assigns the claims arising from this to the extent that proportionate rental property arises. He is authorized to collect the claims as long as we do not revoke them. The customer is obliged to notify us immediately of any impairment of the assigned claim, in particular through seizure. Upon request, he must inform his contractual partners of the assignment in writing, provide us with the information required to assert our rights and hand over the necessary documents. The retention of title also remains if the invoice is included in a current invoice.
12. Partial Invalidity
Partial ineffectiveness of individual provisions does not result in the ineffectiveness of these sales conditions.
13. Legal Right
German law applies exclusively to the relationship between us and the buyer.
14. Place of Performance and Jurisdiction
The place of performance for the delivery is the respective place of dispatch of the goods. The place of performance for all customer obligations is the registered office of autoVimation GmbH. The place of jurisdiction is also the registered office of autoVimation GmbH (also for bills of exchange and checks), provided the customer is a registered trader. The place of jurisdiction agreement is also made for all cases in which the customer does not have a general place of jurisdiction in Germany. German law applies exclusively, the application of the Vienna UN Sales Convention is excluded.
15. Notes on data processing
See privacy policy.
16. Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
