The present terms and conditions apply for all current and future business transactions. Our conditions shall count as agreed at the time when our goods are accepted at the latest. We hereby expressly object to any deviating terms and conditions of the Customer. Alternative terms of the purchaser that we do not expressly recognize in writing are not binding for us even if we do expressly contradict these. The invalidity of any clause or part thereof shall not affect the validity of the remaining conditions.
Offers, quality, written form
Offers, quotations and statements are non-binding and without obligation. Offers may not be made available to third parties.
The current list prices at each respective delivery date shall apply unless fixed prices have specifically agreed. The prices shall be valid for the corresponding order and shall not be binding for subsequent orders.
Our quotations are subject to change. Deliveries shall be made in accordance with our operational circumstances. Delivery periods or delivery dates shall be deemed to have been complied with if at the relevant date the goods have left the factory. If we should be prevented from fulfilling the contract owing to disturbances in production or delivery involving ourselves or our sub-suppliers, for instance, owing to force majeure, traffic jams, strike or lockout, then the delivery period shall be appropriately extended. In such cases, ACV shall be entitled, even if ACV is already in default, to make its delivery with a corresponding delay, including a reasonable lead time. Customers may withdraw from a contract by reason of a failure to meet the time for delivery only after they have fixed an appropriate final deadline under threat of rejection for us and delivery has not been affected within this period. The rescission must be declared in writing without undue delay after the expiration of the set grace period, at the latest within one week after the expiration of this time limit.
Transfer of risk
The risk of the goods is transferred to the customer when the goods are ready for collection and, at the latest, when they are loaded onto the means of transport. ACV does not undertake to inform the customer of the provision. If the goods are ready for dispatch and haulage or acceptance is delayed for reasons for which we are not answerable, the risk passes to the customer. Insurance against shipment damage is only arranged at Buyer’s request and at his expense.
Delivery is made ex ACV’s warehouse. All consignments above a net goods value of 125.00 EUR are dispatched within the Federal Republic of Germany carriage paid. Orders with a value of less than 125.00 EUR (net) are processed and delivered against payment of delivery costs of 7.50 Euros within the Federal Republic of Germany. If the purchaser refuses to accept the goods, he has to pay the delivery costs.
Liability for defects of the delivery
Any transport damage must be reported in writing to the vendor immediately. Damages sustained in transit must be documented vis-à-vis the carrier. The buyer must file written complaints to us about any obvious defects, shortcomings or wrong supplies immediately after receipt of the shipment. Complaints due to incomplete or incorrect deliveries or due to significant defects will be accepted only if made within one week after receipt of the goods. Defects that cannot be discovered by a careful control within the time-limit have to be communicated to the supplier immediately after discovery in writing. We shall take back any goods that we recognize as deficient and shall deliver defect free goods or replace the minimum value, as we choose, or to credit the purchaser with the sum corresponding to the depreciation of the goods. In addition, any further claims for damage, for whatever legal grounds, shall be excluded. If we have to pay damages due to our contract, our payment is limited to direct damage; we will never owe compensation exceeding the invoice amount. We also bear no liability for subsequent costs. In all cases in which we are obligated to indemnify for damages on the basis of contractual or statutory claims, we shall be liable up to a maximum amount equivalent to the price paid by the Customer for the goods.
Terms of payment
Unless other agreements are made, all payments must be made within 14 days of the invoice being issued. We retain title of the goods until the buyer has completely fulfilled all his obligations to us. The customer is entitled to sell or dispose of goods subject to retention of title within the course of ordinary business the customer hereby assigns to us in advance any claim to the amount of the invoice total (including value added tax) of our claim which the customer may have against his clients or third parties, i.e. irrespective of whether the goods subject to retention of title were resold without or after processing. The customer shall inform us without undue delay of any seizing or other legal or physical impairment or endangering of the retained goods or any other security right provided to us.
Foreign deliveries must be paid by irrevocable letter of credit or in advance. In case of default dunning costs to the amount of overall 5.00 Euro are agreed upon.
Default in payment / credit rating
In case of a default of payment, all granted allowances, discounts, and other privileges shall no longer be valid. If a customer does not fulfil its payment obligations, or circumstances are known that call into question the creditworthiness of the customer, e.g. cessation of payments, non-payment of cheques, debit order returns, or other circumstances, we are entitled to declare that the remaining debt be due for payment. In this case we are entitled to require advance payment or collateral. We are also free to withhold full or partial payment, to request the immediate payment of any and all still unsettled claims.
ban on assignment
Any claims which the Customer has, he can only assign or pledge where he has obtained our written consent first.
The following always applies: complaints only affect wrong deliveries, defect or damaged goods. The customer is encouraged to plead his claim promptly. The guarantee is valid for a maximum of two years. After the two years the retraction is no longer possible.
All Service activities shall only be provided until 3 months after the date of purchase. When there is a reassessment of the warehouse acv reserves the right to withhold 15-30 % of the purchase price. This depends on the age and the condition of the product, as well as the particular product group. It will be a decision on a by-case basis.
In the case of a retraction when the package is damaged acv reserves the right to withhold 5-10% of the purchase price. This will also be a decision on a by-case basis.
Remaining stock and special orders are excluded from any replacement or retraction.
The following applies: In any case, the retraction is only possible with the indication of the delivery note/ invoice and the filled in RMA form.
Jurisdiction / choice of law
The jurisdiction is the domicile of the seller. We shall also be entitled to file suit at the headquarters of the customer.
The agreements between us and the buyer shall be governed by the German laws excluding the regulations of UN sales convention.
The contract also stays binding in the case of the ineffectiveness of single items.