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Status: January 2016
These Terms and Conditions of supply and payment apply in conjunction with the “General Terms and Conditions for the Supply of Products and Services of the Electrical and Electronics Industry” (version June 2011) attached to these Terms and Conditions of supply and payment. Should individual items in these Terms and Conditions of supply and payment conflict with the “General Terms and Conditions for the Supply of Products and Services of the Electrical and Electronics Industry”, ours alone are binding.
Terms and Conditions for ordering or purchasing which deviate from these Terms and Conditions are binding only when they have been accepted by us in writing as binding. Conflicting and deviating purchasing conditions issued by our customers are herewith expressly rejected. With registration in accordance with item 2 and with each login to our homepage you accept these Terms and Conditions in the currently valid version as solely applicable.
Registration to the B2B-Onlineshop of nass magnet is free of charge. It does not constitute an entitlement to access authorisation.
Access authorisation to the B2B-Onlineshop of nass magnet is conditional on you being a natural person or legal entity or a partnership with legal capacity seeking access authorisation with the intention of conducting a commercial or independent professional activity; i.e. entrepreneurs agree to provide accurate and complete information when filling in the registration form. Please inform nass magnet GmbH immediately of any later changes. Access authorisation is by means of electronic notification by nass magnet GmbH.
You are responsible for ensuring that access is used for your purposes only and especially that your user name and password are not disclosed to third parties. Should you have grounds for assuming that third parties could have gained knowledge of your data, you are obliged to notify nass magnet GmbH without delay so that your access can be blocked immediately. nass magnet GmbH is entitled to withdraw access authorisation by blocking access data without prior warning and without giving reasons. Possible reasons for this are:
The customer may request the cancellation of their registration at any time, insofar as this does not preclude the processing of an ongoing contractual relationship. nass magnet GmbH will then delete all user and personal data of the customer as soon as this is no longer required.
nass magnet GmbH stores and uses personal data with the explicit consent of the purchaser in order to keep the processing of future orders as simple as possible. When entering data during the registration process, the purchaser will be asked whether personal data may be stored and used for the aforementioned purpose. The purchaser will be informed about the nature, scope, place and purpose of the data storage, data processing and data use. The purchaser may at any time revoke consent with future effect by email to firstname.lastname@example.org. nass magnet GmbH will use the purchaser’s personal data according to the data protection principles of nass magnet GmbH and the provisions of German data protection law. nass magnet GmbH will not pass the data to third parties outside the Kirchheim Group.
Offers, insofar as they are not valid for a limited time, are subject to change. To be legally valid, orders require written confirmation. Our order confirmation is authoritative for the scope of the delivery. Documents pertaining to our offer such as pictures, drawings, or information on weights and dimensions are subject to technical changes.
Unless other agreements have been made, prices are understood as ex works, excluding packaging. In the event of a change in costs we reserve the right to adjust the agreed prices. Invoice amounts are to be paid net within 30 days of the invoice date. Other terms of payment are possible. In the event of delayed payment statutory interest will be charged in accordance with the German Civil Code (BGB). We reserve the right to accept bills of exchange; this shall occur without prejudice to the timely filing of the protest and subject to payment of collection expenses. Discount charges are borne by the customer. The withholding of payment is excluded, except in the event of counterclaims by the customer relating to the order in question which have been explicitly recognised by us or are legally binding. Payments are to be made in Euros unless other agreements have been made.
The settlement of the website via credit card takes place: HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l.1, Place du MarchéL-6755 GrevenmacherR.C.S. Luxembourg B 144133E-Mail: info @ hso-services.comCEO:Heiko StraußRamona Spies
The delivery term shall be automatically extended by an adequate period in the event of unforeseen circumstances, either with us or a subcontractor, e.g. through interruption of operations, or delay in the supply of raw and other materials insofar as these are necessary for the production of the delivery items. Unforeseen circumstances include strikes, lockouts, damage caused by accidents etc. Unforeseen circumstances beyond our control which make a timely execution of accepted orders impossible entitle us – excluding any damages claims by the customer – either to withdraw from the contract or to delay delivery for the duration of the problem. This limitation of liability does not apply to death, physical injury or damage to health. Partial deliveries are possible. In case of delay, the customer can set an appropriate deadline for the provision of service. After this deadline has expired, the customer can withdraw fully or partially from the contract and request damages in lieu of the service. The limitations of liability in “IV: Deadlines for Deliveries, Delay” in the “General Terms and Conditions for the Supply of Products and Services of the Electrical and Electronics Industry” remain in force. At our request, the customer is required to declare whether they are withdrawing from the contract due to the delay or insist on the provision of the service. This inquiry is to be made during the deadline period in accordance with No. 5, paragraph 6, clause 1 and within a reasonable period of time before the expiry date. Until the reply has reached the supplier, the supplier remains entitled to provide the service.
The delivery items are dispatched at the customer or recipient’s expense and risk. Risk passes to the customer at the latest when the delivery items are dispatched, even in the exceptional case where we carry the shipping costs.
The delivery items remain our property until each and every claim against the purchaser resulting from the entire business relationship has been paid in full, including all subsidiary claims and until such time as any cheques or bills of exchange have been honoured. If the customer defaults on their payment obligations, we may request the return of the goods supplied. The enforcement of the retention of title does not constitute a withdrawal from the contract. The customer may process the retained goods in the course of regular business operations. The retention of title to the goods supplied by us does not however become invalid though processing, combining or mixing. On the contrary, the parties to the contract agree that if new items are created by combining or mixing, we acquire ownership or co-ownership of these items in proportion to the value of the retained goods in the items thus created. The customer shall store the new items thus created free of charge for us with respect to our co-ownership share. For the duration of the retention of title, the customer may neither pledge nor use as collateral the retained goods or the items created from these goods. If the aforementioned goods are distrained or seized from the customer, the customer shall notify us in writing and without delay. The customer may sell the retained goods or the items created from these goods in the course of their regular business operations. The customer assigns to us all claims acquired through the sale against the buyer until our claims against the customer have been fully paid, to the full invoice value of our retained goods contained in the items sold. We hereby accept the assignment. If the value of the security from the simple, extended and prolonged retention of title exceeds the claim to be secured by more than 20% we will in individual cases and according to our judgement release from the security any deliveries paid for in full.
We provide the customer with goods free of material defects. A minor material defect is negligible. Specifications and other descriptions of the properties of the goods do not represent a guarantee of quality or durability in the sense of §443 German Civil Code (BGB). The customer does not receive a guarantee in the legal sense from us. Manufacturers’ guarantees are not affected by us. The requirement for warranty claims is the ability to reproduce or identify the defects. The warranty period is 12 months from delivery or acceptance of the goods. The warranty period for defects in supplementary performance ends also with the expiry of the above-mentioned warranty period. We have the option to repair the defect or deliver new goods within a reasonable period of time. If the defect is not repaired successfully within a reasonable period of time, the customer may set us a period of grace. After the period of grace has expired, the customer is entitled to reduce the remuneration or to withdraw from the contract and – if the legal requirements are met – to claim damages in addition to the withdrawal. The limitations of liability in “VIII Material Defects” according to the “General Terms and Conditions for the Supply of Products and Services of the Electrical and Electronics Industry” remain in force. We are to be notified immediately of any identified defects which we are responsible for. Insofar as the customer wishes to make use of their warranty rights, they shall return each faulty item to us with a precise statement of the defect that has been identified. Replaced parts shall become our property. Given the current state of the art, data communication via the internet cannot be guaranteed to be fault free and/or always available. nass magnet GmbH is therefore liable neither for the constant and uninterrupted availability of the B2B-Onlineshop of nass magnet, nor for technical or electronic faults during the processing of an order via the B2B-Onlineshop of nass magnet over which nass magnet GmbH has no influence, in particular not for the delayed processing or acceptance of orders.
General Conditions for the Supply of Products and Services of the Electrical and Electronics Industry (“GL”) recommended by ZVEI – Zentralverband Elektrotechnik- und Elektronikindustrie e.V.Status: June 2011
I. General Provisions
II. Prices, Terms of Payment, and Set-Off
III. Retention of Title
IV. Time for Supplies; Delay
V. Passing of Risk
VI. Assembly and Erection Unless otherwise agreed in written form, assembly and erection shall be subject to the following provisions:
VII. Receiving Supplies The Purchaser shall not refuse to receive Supplies due to minor defects. VIII. Defects as to Quality The Supplier shall be liable for defects as to quality as follows:
IX. Industrial Property Rights and Copyrights; Defects in Title
X. Conditional Performance
XI. Impossibility of Performance; Adaptation of Contract
XII. Other Claims for Damages
XIII. Venue and Applicable law
XIV. Severability Clause The legal invalidity of one or more provisions of this Agreement in no way affects the validity of the remaining provisions. This shall not apply if it would be unreasonably onerous for one of the parties to be obligated to continue the contract.