Kältetechnik aircool GmbH delivery terms
1. Formation of a Contract
A contract for goods and / or other services are binding only after a written order confirmation by aircool has been established. Content and scope of delivery and / or performance are determined in accordance with this order confirmation. All modifications and sub- agreements are not effective unless confirmed in writing by aircool.
2. Term for Delivery
aircool strives to observe the promised delivery dates as best it can. Should aircool as an exception be delayed, the purchaser can define in writing a grace period, which will terminate at least eight weeks from receipt of this message. After this grace period, the purchaser can release himself from the contract, if aircool is still in default. If the delay is not based on intent or gross negligence of aircool or its agents, the compensation obligation of aircool shall be limited to the amount of the fee, for which the supply and / or service was agreed. If this amount is below 5100.00 euro, it is the latter as the highest total amount of damages agreed. If the performance of aircool is impeded by force majeure such as strikes, failure of the energy supply, without fault, lack of raw materials, interference by public authorities, etc., in theses circumstances, the obligation shall be suspended from aircool for the duration of the hindrance; no claims for damages against this aircool can be claimed in these cases. If the contractor is a merchant and the contract belongs to the operation of its trade or business, or the contractor is a legal entity under public law, or a institution of a public law special fund, he may, under the conditions of paragraph § 286 withdraw. In other matters, it remains in default of the above consequences.
a) The recipient of the goods and / or performance of services from aircool shall immediately upon receipt check these goods and services; obvious defects must be notified within a period of 10 days. If this time limit is not observed, the recipient loses any rights to appeal, if the recipient is a merchant, the provisions of § 377, § 378 HGB apply.
b) The warranty period follows the statutory provisions. If the VOB / B basis of the contract, those local rules shall apply. If the contractor is a merchant, legal person of public law or institution of a public law special fund, the warranty period is one year for electrical parts and 6 months for rotating parts.
c) In the case of warranty, aircool has at its option, to repair the deficiencies or, provide for replacement to be delivered. The buyer may reduce the fee or, if the subject of the warranty is not construction, at his discretion rescind the contract, if two attempts by aircool, to remedy the deficiency, after reasonable notice of the contractor has failed or that a replacement is again flawed. If the receiver in this case makes no use of his right to a reduction or cancellation of the purchase, aircool may on its part cancel the contract. A claim for damages for breach of remedying or replacement obligation is excluded; The receiver has in such cases, only the right to rescind. The liability for any / all damages, especially consequential, are to the extent permitted by law, excluded.
d) Is the subject of the contract the supply of used goods, there is no warranty and, to the extent permitted by law, liability for damages is excluded.
e) To the extent warranted characteristics are missing, the entitlement to consequential damages is excluded.
4. Retention of Title
Up until the payment of all claims arising from transactions between aircool and the purchaser, aircool reserves the ownership of all deliveries. A resale of the goods subject to retention title, requires the prior written consent of aircool. The buyer has herewith surrendered all claims against third parties to aircool which might arise from a resale of the goods subject to retention title. The buyer, however, remains up to our revocation, entitled to collect the demands of its customers.
5. Retention and Netting
The exercise of a lien or set-off against claims of aircool is excluded if the counter-claim is not undisputed or have been legally adopted.
For all cases of legal collection procedure Munich is the court of competent jurisdiction as agreed; if the contractor is a fully qualified merchant, it is agreed all relations to him for all cases that Munich is the court of competent jurisdiction.