Terms and Conditions of Sale and Delivery

1. General information

The contract comes into effect as soon as we have confirmed receipt of the order. The Purchaser acknowledges the following conditions upon entering into a contractual relationship with us. Provisions of the ordering party to the contrary shall become legally invalid with regard to us upon conclusion of a business transaction with us or acceptance of our deliveries and services, as we hereby expressly object to them.

 

If special individual agreements are made that deviate from our terms and conditions of sale, the remaining terms and conditions of sale shall remain unaffected.

 

We do not accept orders from outside the EU.

 

 

2. Supplies and services

In the event of force majeure or unforeseen exceptional circumstances for which we are not responsible, the agreed delivery period shall be extended appropriately, in any case until the final elimination of the obstacle plus a reasonable start-up period, without us being liable for the delay and its consequences. In this case, we are also entitled to withdraw from the contract without the buyer being entitled to claim damages of any kind against us. The same applies if we incur higher or unreasonable costs in similar cases. In these cases, the purchaser is not entitled to put us in default or demand damages.

 

We reserve the right to modify our products, series and models. We are entitled to supply the product/series/model that best corresponds to or is closest to the order.

 

 

3. Payments

Invoices are payable within 30 days of the date of issue net or within 14 days with a 2% discount. The timeliness of a payment depends on its arrival at our premises, not on its shipment. Discount can only be deducted if no older invoices are unpaid. These provisions shall also apply to partial deliveries.

 

Only with counterclaims against us recognised by us in writing or legally established can the ordering party offset or assert retention for due payments, never for mere notifications of defects.

 

 

4. Retention of title

Until the complete and final settlement of all our - also future - claims and ancillary claims arising from the business relationship with the purchaser (in the case of payment by cheque or bill of exchange up to redemption), for whatever legal reason, we reserve ownership of the goods delivered by us. The retention of title also remains in force if receivables are included in an ongoing invoice (current account), balances are deducted from it and recognised.

 

The purchaser may only resell our goods in the ordinary course of business. He/she hereby assigns the claims arising to him/her in this context, including any security, to us as security. He is entitled to collect the receivables on our behalf as long as he himself duly fulfils his obligations to us and there are no changes in the assessment of his creditworthiness.

 

The ordering party must immediately pay the amounts received for us on the aforementioned claims to us, insofar as our claim is not yet due, it must inform us of this and separate the amounts for us until the due date. The purchaser is prohibited from transferring security, pledging or otherwise encumbering our reserved property. It is also not entitled to carry out simple or global or group assignments that would cover receivables that have already arisen or have been assigned in advance and are subject to the extended retention of title; if such assignments have already taken place, third-party creditors must be informed that these assignments do not apply to the sale of our reserved goods or with regard to our share in the new item.

 

If the invoice value of the security provided to the Seller exceeds the goods receivables including ancillary receivables (e.g. interest, costs, etc.) by more than 20% in total, we shall be obliged to release security at our discretion at the request of the Buyer or a third party affected by the over-security.

 

 

5. Material defects

Claims for material defects expire in 24 months. This does not apply insofar as the law pursuant to §§ 438 I No. 2 (structures and property for structures), 479 I (claim for recourse) and § 634 an I No. 2 (defects in construction) BGB prescribes longer periods. The statutory provisions on expiration suspension, suspension and restart of deadlines remain unaffected.

 

Claims for defects shall not exist in the event of only insignificant deviation from the agreed condition, in the event of only insignificant impairment of usability, in the event of natural wear and tear or damage which, after the transfer of risk, is the result of incorrect or negligent handling, excessive loads, unsuitable operating equipment, defective construction work, unsuitable construction ground or which arise due to special external influences.

 

If modifications or repair work are carried out improperly by the Customer or by third parties, no claims for defects shall be made for these and the resulting consequences.

 

Claims of the Purchaser due to the expenses required for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the object of delivery has subsequently been moved to a place other than the Purchaser’s place of business, unless, the shipment corresponds to its intended use.

 

Defects in the delivered item, including the associated accessories, will be rectified by us within the legally prescribed period of 2 years from delivery after corresponding notification of defects by the purchaser. This shall take place at the Customer’s discretion by means of repair or replacement delivery free of charge. In the event of a replacement delivery, the Purchaser is obliged to return the defective item.

 

Obvious defects must be reported to us in writing within 2 weeks of delivery.

 

Defects that only become apparent later must be reported to us within 2 weeks of the customer’s discovery. If the defect cannot be rectified within a reasonable period of time or if the rectification or replacement delivery is deemed to have failed for other reasons, the Purchaser may, at its option, demand a reduction in the remuneration (reduction) or withdraw from the contract. A failure of the rectification shall only be assumed if we have been given sufficient opportunity to rectify or replace the goods without achieving the desired success, if the rectification or replacement is possible, if it is refused by us or unreasonably delayed, if there are reasonable doubts about the prospects of success or if there is unreasonability for other reasons.

 

We exclude our liability for slight negligent breaches of duty insofar as these do not concern essential contractual obligations, damage resulting from injury to life, limb or health or warranties or are not affected by claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. However, our liability for the breach of material contractual obligations is limited to the foreseeable damage typical of the contract, unless there is wilful intent or gross negligence or liability is incurred due to injury to life, limb or health.

 

A change in the burden of proof to the detriment of the Purchaser is not associated with the above provisions.

 

Insofar as the Purchaser is entitled to claims for damages under this provision, these shall expire upon expiry of the limitation period applicable to claims for material defects.

 

The statutory limitation periods apply to claims for damages under the Product Liability Act.

 

 

6. Partial ineffectiveness

The invalidity or absence of individual provisions shall not affect the remaining conditions. To the extent of the invalidity, the Parties shall enter into a legally binding replacement provision that comes as close as possible to the meaning and purpose of the invalid provision economically and legally.

 

 

7. Choice of Law

German law shall apply.

 

 

8. Dispute Resolution

The European Commission provides an online dispute resolution platform under ec.europa.eu/consumers/odr/ pursuant to Art. 14 para. 1 EU Regulation 524/2013 ("ODR Regulation"). We will not participate in dispute resolution proceedings before a consumer arbitration board. We are also not obliged to do so.

 

KEUCO online shop spare parts

Oesestr. 36

58675 Hemer, Germany

Telephone: +49 2372 904-0

Fax: +49 2372 904-236