General terms and conditions
AK-Nord EDV Vertriebsges.mbH
 

§ 1 Offers and conclusion of contracts
1. The following general terms of sales are applicable to any current and future contracts of the customer with companies,
    legal persons of public law on deliveries and other performances including contracts for services, advices, proposals
    and other auxiliary services. The purchase conditions of the purchaser will not be accepted if the contractor does not
    expressively contradict them again upon receipt.
2. All offers are without engagement. Any oral agreements, promises, assurances and guarantees of the contractor in
    connection with the contract conclusion will only be binding upon written confirmation. 
3. Any details such as e.g. measures, weights, illustrations, descriptions, sketches or drawings in manuals, price lists,
    brochures and other imprints are only approximately however established best possible for the contractor, but in this
    respect non-binding.
§ 2 Prices and payment
1. The prices are understood ex works or ex stock plus freight cost, packing and value added tax.
2. If not agreed otherwise, the prices and conditions of the price list valid at the time of the conclusion of the contract are
    being applied.
3. If the statements or other external costs are changing later than four weeks after the conclusion of the contract which
    are included in the price or if they are newly made up, the contractor is entitled to make changes on the price
    accordingly.
4. If it is not otherwise agreed or indicated in our invoices, the purchase price is due for payment either as a prepayment or
    upon delivery or immediately after delivery without any deduction of discount and it needs to be paid in a way, that the
    contractor can dispose of the amount on the due date. The cost of the payment transaction is born by the customer. The
    customer is only entitled to right of retention and set-off claims if his counterclaims are undisputed or legally valid.
5. If the payment period is being exceeded or in case of delay, the contractor is entitled to invoice interests amounting to the
    legal regulations unless higher rates of interest had been agreed upon. We expressively reserve the right to assert
    further damages for delay.
6. The customer is delayed latest 10 days after the due date and after receipt of the invoice respectively the receipt of the
    service. 
7. If it is noticeable after the conclusion of the contract that the demands for payment of the contractor will be endangered
    by lack of competitiveness of the customer, the contractor is entitled to the rights of § 321 BGB (civil code). The
    contractor is furthermore entitled to make payable any non-time-barred liabilities resulting of the current business
    relationship with the customer.

§ 3 Performance and delivery, shipping and transfer of perils
1. The contractor will perform any deliveries and services according to the approve state-of-the-art and in case of
    processing of goods of the customer undertaking into consideration the processing regulations of the corresponding
    supplier. 
2. Any indications concerning delivery times are approximately. Terms of delivery are starting at the date of the order
    confirmation of the contractor and are only valid in condition of timely clarification of all details of the order and timely
    fulfillment of any liabilities of the customer. The point in time of sending ex works or ex stocks is decisive for the
    compliance of the delivery terms and dates. They are applied, when the readiness for shipment is being notified, if the
    goods are not being sent in time without fault of the contractor. If the delay takes more than two months the contractor is
    entitled in case of partial delivery after determining an appropriate period of grace to withdraw from the contract
    regarding of the part of the contract which is not yet fulfilled completely or partially.
3. The contractor determines the dispatch type sequence and means as well as the carrier or freight forwarder. The
    delivery is performed, if not otherwise agreed upon, up to behind the first closed door of the customer.
4. With the transfer of the goods to the carrier or to the freight forwarder, but latest when leaving the stocks, the risk, also
    the risk of a confiscation of the goods will pass onto the customer for any business, also in case of deliveries carriage
    paid or free delivery. The contractor will only ensure the goods upon instruction and at cost of the customer.

§ 4 Security interests
   All delivered goods remain property of the contractor until all liabilities are being fulfilled, also especially the corresponding
    payment balance requests to which the contractor is entitled in the frame of the business relationship and the liabilities
    which are being constituted by the insolvency practitioner one-sided for the choice of fulfillment. This also applies for
    future occurring and conditional liabilities if any payments are being paid on specially signified liabilities. This retention will
    finally expire with the clearing of any open liabilities and those listed under this balance retention at the moment of
    payment. 

§ 5 Warranty and liability
1. Any defects of the goods as to warranty have to be notified immediately, latest three days after receipt in writing. Any
    defects as to quality which cannot be detected within this term even with most thorough testing have to be notified in
    writing to the contractor upon immediate detection, latest before expiry of the legal statutory period of limitation. The
    contractor adopts the legal rights to warrant for defects during a period of 12 months, calculated from the transition of
    risks  to the customer insofar as the contract represents a mutual commercial transaction for the customer and for the
    contractor; in this regard the regulation of § 377 HGB (German Commercial Code) is being applied. This does not apply for
    the cases of § 438 I No. 3 insofar it provides a deviating regulation for consumers as well as § 479 I BGB (Civil Code),
    insofar it is specifying longer terms. The contractor does not undertake any warranty for the compatibility of individual
    system components among one another respectively the compatibility of hard- and software insofar such compatibilities
    had not been assured in writing.
2. The warranty for defects is excluded for any damages which are resulting of incorrect handling, non-observance of
    mounting-, assembly- or installation instructions as well as the disregard of maintenance regulations. The same applies in
    case of modifications of the product, replacing of parts and the use of consumable materials which do not comply with
    the original specification of the manufacturer as well as in case of interventions of third parties on the object of
    purchase.
3. In case of a justifiable claim on the due date, the contractor will either remove the fault or deliver a fault-free product
    (supplementary performance) upon his choice. If the supplementary performance fails or is being refused, the customer
    can reduce the purchase price or withdraw from the contract after determining and unsuccessful expiry of a convenient
    term. If the fault is not considerable, he only has the right to reduce the price.
4. If the customer does not give the opportunity to the contractor to assure himself of the fault, if especially upon request he
    does not make available the claimed goods, any rights regarding the defect as to quality will be omitted.
5. Due to breach of contractual and non-contractual obligations, especially due to the impossibility, delay, default during the
    initiation of the contract and unauthorized handling, the contractor will be liable - also for his executive employees and
    other auxiliary persons - only in case of intention and of gross negligence, limited to the damages which are foreseeable
    at the conclusion of the contract and which are typical to the contract.
6. Those limitations do not apply for culpable breach of fundamental obligations of the contract insofar the achievement of
    the purpose of the contract is being endangered, in cases of compulsory liability according to the product liability law, in
    case of damages to life, to bodies and to health and also not in case if and insofar we have fraudulently hidden the
    defects of an object or have guarantied the absence of such defects. The rules about the burden of proof will remain
    untouched hereof.
7. If not agreed otherwise, any claims resulting of the contract to which the contractor is entitle towards the customer,
    resulting or regarding the delivery of goods will become time-barred two years after delivery of the goods. The liability of
    the contractor due to intentional or gross negligent breaches of duty as well as the statute of limitations of legal rights of
    recourse will remain untouched. In cases of supplementary performances the statutory periods of limitation will not start
    again.

§ 6 Place of jurisdiction
1. The place of jurisdiction is the principal office of the contractor.
2. The ineffectiveness of a clause of those conditions will not lead to the ineffectiveness of all other clauses.