Terms and conditions

§ 1 General - Scope

1 The terms and conditions apply to all current and future business.
2 Consumer in terms of the conditions are natural persons with whom in
Business relationship is entered, without making this a commercial or independent vocational activity may be attributed. The purposes of these conditions are natural or legal persons or legal partnerships, will enter into a business relationship with those who are acting in a commercial or independent, professional activity. Customers for the purposes of these Conditions are both consumers and entrepreneurs from.
3 Differing, conflicting or additional General. Business conditions, even with knowledge, not part of the contract unless their validity is expressly agreed by us in writing.

§ 2 Conclusion of contract
1 Our offers are subject to change. Technical modifications are reserved within reason.
2 The customer makes a binding declaration order of goods, to purchase the ordered goods. We are entitled to accept the contract offer in the order within 2 weeks of receipt. Acceptance may be in writing or by delivery of the goods to the customer either.
3 If the consumer orders the goods electronically, we will confirm the receipt of the order. The confirmation of receipt does not constitute binding acceptance of the order dar receipt can be connected with the acceptance.
4 The final contract is subject to the correct and timely delivery by our suppliers. This applies only to the case of non-delivery is not caused by us, especially when a congruent hedging transaction with our suppliers. The customer will be informed immediately of the unavailability of the service. The consideration is, if it is already furnished immediately returned.
5 If the consumer orders the goods electronically, the contract text is stored by us and the customer on request along with the present gen. Terms sent via e-mail.

§ 3 Prices
The sale price is binding (possibly temporary). The prices quoted in our price list and other publications prices are recommended retail prices. Offered in the sale price is reported, the legal value added tax. Upon sale, the purchase price is plus freight charges. The customer when ordering through the use of means of distance communication no additional cost. The customer can pay the purchase price as per agreement by cash in advance, cash on delivery or invoice.
§ 4 Payment
1 The customer agrees to pay the purchase price within 10 days of receipt of goods. After this period, the customer is in default of payment. The consumer has to pay interest in the amount of 5% above the base rate during the delay. The entrepreneur has to pay interest at 8% above the base rate during the delay. Compared with the contractor, we reserve the right to prove higher damages and assert.
2 The customer has the right to offset only if its counterclaims have been legally established or recognized as binding by us. The customer can only exercise if his counterclaim is based on the same contractual relationship.

§ 5 Passing of risk
1 If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods with the delivery, on sale to the delivery of the goods to the forwarding agent, carrier or otherwise given to execute the dispatch person / institution to the buyer.
2 If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the goods is also the Customer at the delivery of the item to the buyer.
3 The handover is the same, if the buyer is in default of acceptance.

§ 6 distance contract with a cancellation clause
1 The consumer has the right to revoke his declaration of intent to conclude the contract explanation within two weeks after the conclusion or two weeks of receipt of the goods. The revocation has no justification and must be declared in writing to the contractor or by returning the goods, to meet the deadline, timely mailing.
2 The Contractor reserves the right to begin the execution of the order until after the two-week withdrawal period.
3 The consumer is obliged to exercise of the right to return if the goods can be sent by parcel post. The cost of returning, when exercising the right of withdrawal for orders up to EUR 40 consumer, unless the delivered goods do not correspond to the ordered goods. For orders over EUR 40, the consumer has to bear the cost of return.
4 The consumer has to pay compensation for a determination by the proper use of the commodity. The customer should inspect the goods carefully. The loss in value of the leads by the mere examination of the use that the goods can no longer be "new" anymore, the consumer has to pay.

§ 7 Delivery and Shipping
Delivery periods begin on the date stated on the order confirmation / acceptance of the contract. The delivery period is specified urgent, but is not binding. Force majeure and events which we are not responsible, we shall be entitled to a reasonable extension of the delivery time.

§ 8 Retention of title
1 In contracts with consumers, we reserve title to the goods until full payment of the purchase price. For contracts with companies we retain ownership of the goods until full payment of all claims from the current business relationship.
2 The customer is obliged to handle the goods with care. If maintenance and inspection work is required, the customer shall perform regularly at his own cost.
3 The customer is obliged to inform us immediately of any third party on the goods, as in the case of a seizure, and any damage to or destruction of the goods. A change in ownership of the goods, a change of residence, the customer must notify us immediately.
4 We are entitled to breach of contract by the customer, especially in case of default or breach of a duty under Section 2/3 rescind the contract and demand the goods.
5 The contractor is entitled to resell the goods in the ordinary course of business. He assigns to us all claims in the amount of the invoice, which accrue to him by the sale to a third party. We accept the assignment. After the assignment, the Contractor is authorized to collect the debt. We reserve the right to collect the debt itself, if the contractor does not fulfill his payment obligations and default on payment.
6 The handling and processing of the goods by the entrepreneur is always in the name and on our behalf. If processing with objects not belonging to us, we acquire co-ownership of the new item in proportion to the value of the goods supplied by us to the OTHERWISE processed items. The same applies when the product is mixed with other items not belonging to us.

§ 9 Warranty
1 If the buyer, we guarantee for defects in the goods at our option by repair or replacement.
2 If the buyer is a consumer, he has the choice of whether the remedy by repair or replacement to occur. However, we are entitled to the type of post to be refused if it is only possible with disproportionate costs and the other type of remedy without significant disadvantages for the consumer.
3 If subsequent performance fails, the customer (reduction) or to cancel the contract may require (withdrawal), at his discretion withhold payment. In a minor breach of contract, especially minor defects, the customer has no right to withdraw.
4 Contractors must notify us of obvious defects within a period of 10 days from receipt of the goods, otherwise the assertion of the warranty claim is excluded. To comply with the deadline. The company bears the burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the complaint. Consumers must inform us in writing within a period of 2 months from the date on which the contractual condition of the goods is established of obvious defects. Essential for the preservation of the period is the receipt of notification by us. If the consumer this information, the warranty rights expire two months after his discovery of the defect. This does not apply to fraudulent seller. The burden of proof of the date of discovery of the defect, the consumer. The consumer was induced by inaccurate statements dealers to purchase the item, meets him for his purchase decision, the burden of proof. For used goods, the consumer bears the burden for the defectiveness of the goods.
5 If the customer chooses because of a legal or material defect after subsequent withdrawal from the contract, he shall not be entitled to any additional compensation for the defect. If the customer chooses, after failed subsequent fulfillment, the goods will remain the customer if this is reasonable. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we caused the breach of contract.
6 For entrepreneurs, the warranty period is 1 year from delivery of the goods. For consumers, the limitation period is 2 years from delivery of the goods. For used goods, the limitation period is 1 year from delivery of the goods. This does not apply if the customer has not notified the defect to us in time (Section 4 of this provision).
7 If the buyer shall be deemed condition of the goods basically only the manufacturer's product description as agreed. Public statements, recommendations or advertisements of the manufacturer do not contractual description of the goods dar.
8 If the customer receives defective assembly instructions, we shall only be obliged to deliver a defect-free assembly instructions, and then only if the defect in the installation instructions for the proper installation.
9 Guarantees in the legal sense of the customer or by us not only in the way of a separate agreement. Manufacturer warranties remain unaffected.
§ 10 Limitation of Liability
1 For slight negligence, our liability is limited to the predictable nature of the goods, typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. Compared to entrepreneurs, we are not liable for slightly negligent breach of minor contractual obligations.
2 The above limitations do not apply to claims of the customer from product liability. The limitations of liability do not apply to us attributable body and health or loss of life of the customer.
3 Claims for damages of the customer due to a defect expire 1 year from date of delivery. This does not apply if we are guilty of gross negligence or in the event of bodily injury, damage to health or loss of life of the customer.

§ 11 Electronic data transmission
In case of electronic transmission of data, for example by e-mail, we are not liable for manipulation or transmission transmission error. The customer is aware that the transmission of electronic data from third parties can be viewed or tampered with.

§ 12 surcharge for small quantities
For orders with a net value of 50,00 Euro becomes a less quantity surcharge is added to the order. The order fee amounts to 20.00 euros, net.

§ 13 Parts
When ordering replacement parts from older series, which are not to be found in the current product catalog or price list or come from a production that is older than 5 years, the return is at (mis) order by the customer only with written consent of Helmut Kucera GmbH & Co. KG possible. The customer is aware that a right of return can only be used if a mutual agreement with the Helmut Kucera GmbH & Co. KG is established.

§ 14 Returns
For returns that do not occur through a warranty claim, we will charge an administration fee of EUR 20.00, net.

§ 15 Final provisions
1 The law of the Federal Republic of Germany. The provisions of the CISG will not apply.
2 If the customer is a merchant, legal entity under public law or public law special fund, the exclusive jurisdiction for all disputes arising from this contract is our registered office. The same applies if the customer has no general jurisdiction in Germany or residence.
3 Should individual provisions of the contract with the customer, including these terms and conditions be wholly or partially invalid, so the validity of the remaining provisions shall not be affected. Jurisdiction 74821 Mosbach.

Stand: 11/2012

Jurisdiction 74821 Mosbach.

 

Privacy Policy
If within the Internet offer the possibility to enter personal or business data (email addresses, name, addresses) is given, for example, newsletter or brochure request, if the disclosure of such data by the user on an expressly voluntary basis.
The confidentiality of personal data of users is self-evident for us. The collection and processing of your data is in the data protection regulations. In Product Catalogue / Shop also why we use SSL encryption of transmitted data. All employees assigned to perform the data processing are obliged to maintain confidentiality.

 

B2B use
The order for this system is designed only for business customers (B2B) system and can only be done by a manual activation by KUCERA.

 

Presentation of images and information
Graphics may differ from actual product. For technical information and pricing, we assume no liability. Please pürfen the price in the order confirmation. Similarly, clear, technical specifications from the manufacturer's data sheet are to be taken.

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