AeS Vertriebs GmbH & Co.KG – General Terms and Conditions (GTC) for the sale of merchandise
1.1 Contract components are in the following order:
The offer prepared by AeS Vertriebs GmbH & Co.KG together with the description of services
product-specific operating / usage manuals
1.2 Additional agreements or deviations from the General Terms and Conditions that are made verbally must also be confirmed in writing by both parties in order to be effective.
1.3 If the customer also uses general terms and conditions, these do not apply. Order confirmations of the customer with deviating conditions are hereby expressly contradicted.
2.1 For deliveries by AeS Vertriebs GmbH & Co.KG, the amount specified in the offer plus the respective statutory value added tax must be paid.
2.2 The customer must pay the invoice within 30 calendar days of receipt without any deductions.
2.3 If the buyer is in default of payment in whole or in part, the amount due is to be charged interest for the period of default at an interest rate of five percentage points above the respective base rate per year, without the need for a reminder.
3 Delivery and Shipping Conditions
3.1 The delivered goods (reserved goods) remain the property of AeS Vertriebs GmbH & Co.KG until the purchase price claim has been fully met.
3.1.1 The buyer is responsible for insuring the goods against damage, fire, theft and robbery with the proviso that AeS Vertriebs GmbH & Co.KG is entitled to the rights from the insurance contract.
3.1.2 In the event of a total loss, the insurance benefits are to be used to settle the claims of AeS Vertriebs GmbH & Co. KG; the buyer is entitled to any additional amount
3.2 AeS Vertriebs GmbH & Co.KG is obliged to hand over the goods to the buyer and to transfer ownership to him after the payment process.
3.3 The place of performance is the registered office of AeS Vertriebs GmbH & Co.KG. If the goods have to be sent to a location other than the agreed place of performance, the buyer must bear the transport costs incurred. Likewise, the costs of transport security, loading and transfer are borne by the buyer. If carriage paid delivery is agreed, the Incoterm2020 “CPT” free curbside applies.
3.4 If the commissioned transport company returned the dispatched goods to AeS Vertriebs GmbH & Co.KG because delivery to the buyer was not possible, the buyer bears the costs for the unsuccessful dispatch. This does not apply if the buyer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service and AeS Vertriebs GmbH & Co.KG does not deliver the delivery with a reasonable time beforehand announced.
3.5 In the event of a refusal to accept the goods, AeS Vertriebs GmbH & Co.KG has the right to withdraw from the contract by means of a written declaration and / or to demand compensation of twenty-five percent of the agreed purchase price due to non-fulfillment of the purchase contract.
4 Delay in delivery
4.1 All specified delivery dates are initially non-binding. AeS Vertriebs GmbH & Co.KG must confirm the delivery date in writing. AeS Vertriebs GmbH & Co.KG is not injured if the delivery is exceeded unless the two parties have agreed on the delivery date in a fixed and binding manner.
4.2 If there are subsequent changes / deviations in the scope of delivery, all previously agreed delivery dates and periods expire. In this case, AeS Vertriebs GmbH & Co.KG will announce a new delivery date in writing, which must be confirmed by the buyer.
4.3 AeS Vertriebs GmbH & Co.KG has the right to split the delivery into partial quantities, unless the partial delivery is unreasonable for the buyer.
4.4 AeS Vertriebs GmbH & Co.KG has the right to request an extension of the deadline if there are unforeseen obstacles to performance for which it cannot personally represent. These can be events of force majeure or unforeseeable difficulties that prevent the seller from procuring raw materials or supplied parts within the agreed delivery date and period. In this case, the delivery times will be postponed by the duration of the prevention conditions.
5.1 The warranty expires within the first two years, starting from the handover of the goods to the customer.
5.2 The buyer is obliged to unpack the goods immediately, to check the functionality and to inform AeS Vertriebs GmbH & Co.KG immediately in writing of any defects. The defect must be reported within the first 7 days after receipt of the goods in order to continue to be entitled to the statutory and contractual claims for defects, otherwise any claim for defects lapses.
5.3 AeS Vertriebs GmbH & Co.KG will first endeavor to eliminate or repair the defect. If, in the opinion of AeS Vertriebs GmbH & Co.KG, a repair or elimination of the defect is not possible, it is entitled to deliver a replacement of the same type.5.4 If there is a repair, the agreement of both parties applies that the goods will be brought or delivered to the headquarters of AeS Vertriebs GmbH & Co.KG. If the buyer requests that the repair should take place at a different location, he bears the additional costs that arise as a result. The buyer must bear the transport costs incurred as part of the repair.
6.1 AeS Vertriebs GmbH & Co. KG reserves the right to make changes / deviations in material, dimensions, weight, color, structure, feel, construction, which are carried out by the manufacturer or the sub-supplier, as well as misprints and errors. If no significant change is made and if the change or the deviation is reasonable for the customer, the customer cannot derive any rights from the deviation or change.
6.2 Especially with natural products, as with other materials, there may be deviations in color and shape over time. AeS Vertriebs GmbH & Co.KG gives no guarantee and refers to the care instructions in the manual which must be followed properly.
6.3 The delivered goods are in accordance with to use the supplied operating / usage manual. Failure to follow the instructions for care and use of the goods will result in the loss of the guarantee.
6.4 Design and shape changes or deviations in color are accepted, provided that the item is not changed significantly and the changes are reasonable for the buyer.
7.1 AeS Vertriebs GmbH & Co.KG has unlimited liability in all cases of intent and gross negligence, in the event of injury to life, limb or health, and to the extent of a guarantee given by AeS Vertriebs GmbH & Co.KG
7.2 AeS Vertriebs GmbH & Co.KG is only liable for slight negligence in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place (cardinal obligation) and on the receipt of which the customer can regularly rely. In the event of a breach of cardinal obligations, liability is limited to the amount of the foreseeable damage, the occurrence of which must typically be expected. Overall, this liability is limited to 50% of the purchase item that caused the damage.
7.3 The above regulations also apply to the vicarious agents of AeS Vertriebs GmbH & Co.KG.
8 Applicable law and place of jurisdiction
8.1 All contracts with AeS Vertriebs GmbH & Co.KG are exclusively subject to the statutory and material law of the Federal Republic of Germany. The place of performance and exclusive place of jurisdiction for all claims arising from or in connection with this contract is the registered office of AeS Vertriebs GmbH & Co.KG.