Terms and conditions
General Terms and Conditions of Business
1.1 The following terms and conditions of business and delivery apply to all contracts between Norddeutsche Apparate-Bau-Anstalt Lyck & Co. GmbH (hereinafter referred to as "user"), Marga-Faulstich-Straße 2, 24145 Kiel, and its customers.
1.2 Terms and conditions of the customer that deviate from these General Terms and Conditions shall only be recognised if the user has agreed to their validity in writing. This also applies if the User executes orders without reservation in the knowledge of conflicting or deviating terms and conditions of the Client.
1.3 Agreements deviating from or supplementing these General Terms and Conditions of Business must be set down in writing. Any waiver of the written form requirement must also be in writing.
1.4 These General Terms and Conditions can be viewed on the website "www.alktools.com", among other places, and are also available there as a PDF download.
II Conclusion of contract
Offers from the User do not constitute offers in the legal sense, but rather non-binding requests to the Client to submit a legally binding offer to the User. Otherwise, offer documents from the User contain the express request to the Client to accept the offer bindingly by countersignature. The conclusion of the contract must be in writing, whereby a countersigned offer transmitted by fax or e-mail scan also satisfies the written form requirements.
III Description of performance, quality
3.1 The information, data sheets and illustrations contained in catalogues or price lists are only approximate values customary in the industry unless they have been expressly designated as binding in the order confirmation.
3.2 The assurance of a specific property always requires a separate written declaration of assurance by the user. Insofar as approvals or permits are necessary for customer-specific applications of the goods, the customer shall ensure this.
3.3 Any samples and specimens are non-binding to the extent that minor deviations in the design which do not impair the usability do not constitute a defect, unless specific properties are guaranteed.
3.4 The branding irons produced by the user are intended for engravings specific to the customer. The client alone is responsible for the professional attachment of corresponding engraving plates and the execution of the engraving. They must be used in accordance with the relevant operating instructions.
3.5 The surface of the branding irons offered by the User may tarnish or discolour due to the heat generated by their design. This does not impair the usability and does not represent a design or technical defect. Careful handling of the products in accordance with the operating instructions is necessary to ensure the longevity of the heating elements contained in branding irons.
IV. Prices and terms of payment
4.1 Unless otherwise stated, all prices quoted by the User are exclusive of shipping costs. The applicable statutory value added tax will be shown separately on the invoice. The currency is Euro. The prices apply "ex works" from the User.
4.2 If, after conclusion of the contract, there are cost increases due to increased personnel or material costs or due to price increases by the User's suppliers, the User is entitled to adjust the prices agreed with the Client in accordance with the actual cost increase. The User shall inform the Client of any cost increases immediately upon becoming aware of them and provide evidence of the type and scope of the resulting price increase at the Client's request.
4.3 Unless otherwise agreed in text form, payments to the User are due 14 days after invoicing without any deductions. In the case of first-time order placement, the service will only be provided against advance payment or via Paypal.
4.4 Offsetting against the User's claims is excluded unless the counterclaim is undisputed or has been legally established. The Client is not entitled to transfer rights from this contract to third parties without the consent of the User. The client is only entitled to exercise a right to refuse performance or a right of retention in relation to claims of the user in an amount that is in reasonable proportion to the client's counterclaims. The exercise of a right of retention is only permissible if the client's counterclaim is based on the same contractual relationship with the user.
V. Delivery, partial performance
5.1 Delivery dates stated in order confirmations are non-binding unless expressly agreed otherwise in text form. Insofar as binding delivery dates are agreed, these are subject to the correct and timely delivery to the User by its suppliers, insofar as the User has concluded a congruent hedging transaction with the relevant suppliers. The User shall inform the Client immediately of any delayed performance by a supplier. Delays in delivery for which the User is not responsible shall extend the respective delivery period for the duration of the impediment. The User shall inform the Customer immediately of the occurrence of such an event.
5.2 The User is entitled to early and/or partial delivery with immediate partial invoicing. This does not apply if the partial delivery is unreasonable for the principal.
5.3 Unless otherwise agreed, the delivery costs shall be borne by the Client in accordance with the contractual provisions. The Principal shall bear the risk of transport. At the request and for the account of the Customer, the User shall take out transport insurance for the delivery.
VI Retention of title
6.1 Delivered goods remain the property of the User until all claims, including future claims, arising from the current business relationship have been settled in full. In the case of current accounts, the retention of title serves as security for all balance claims against the customer to which Verwender is entitled. If the value of the goods subject to retention of title exceeds the value of the User's claims against the Client by more than 20 %, the User shall, at the written request of the Client, declare the release of securities of the User's choice in the exceeding amount. Declarations of release must be in writing.
6.2 If the goods subject to retention of title are mixed or processed with other goods not belonging to the Customer, the User shall acquire co-ownership of the new item in the amount of the share of the delivery by the User in relation to the delivery shares of third parties. The reserved goods may not be pledged or assigned as security without the express consent of the User.
6.3 The Customer undertakes to insure the reserved goods against fire, burglary, theft and other risks at its own expense. The rights arising from the insurance policies are assigned to the User for the duration of the retention of title. The User accepts this assignment.
6.4 The User is entitled to withdraw from the contract and demand the return of the goods subject to retention of title in the event of a breach of contract by the Customer, in particular in the event of default in payment or a material breach of contractual obligations. This shall also apply if insolvency proceedings are opened against the assets of the Customer or the opening of insolvency proceedings is rejected for lack of assets. Irrespective of the exercise of a right of withdrawal, the Client's right to possession of the reserved goods shall lapse in the event of default in payment.
6.5 The client may not pledge the reserved goods to third parties or assign them as security. However, he shall be entitled to resell the reserved goods in the ordinary course of business if he also agrees to the reservation of title in this respect. For this purpose, he hereby assigns to the user all claims arising from the resale or from any other legal reason in this connection in full by way of security. However, he is revocably authorised to collect the assigned claim in his own name for the User's account, whereby the User will only revoke this authorisation if the Principal does not properly fulfil his payment obligations.
6.6 The Client is liable for the loss of and for all damage to the goods from the time of handover and until they have been paid for in full to the User. In the event of damage, destruction, seizure or other interventions by third parties with respect to the goods subject to retention of title, the Customer shall inform the User thereof without delay, stating the name and address of the third party, and inform the third party of the User's ownership rights. All judicial or extrajudicial costs arising as a result of such an intervention shall be borne by the customer. If the goods subject to retention of title have come into the possession of a third party, the Customer shall assign to the User on request any claims for return against the third party.
7.1 The warranty shall be governed by the statutory provisions with the following restrictions.
7.2 The client is obliged to give written notice of obviously recognisable defects within a preclusive period of five working days from receipt of the goods and of hidden defects without delay, but at the latest within a period of five working days from discovery. Otherwise, the assertion of a warranty claim is excluded. The timely dispatch of the notice of defect to the User shall be sufficient to meet the deadline, provided that the notice of defect is received by the User at a later date.
7.3 The User is entitled, at its own discretion, to rectify the defect or to deliver a defect-free item.
7.4 The warranty period is one year from delivery of the goods. This does not apply if there is a justified case of supplier recourse according to § 478 BGB.
VII a. Wear parts
The warranty for radiators contained in a firing plunger is excluded. This is a wearing part, the service life of which depends to a large extent on the treatment by the user.
The User shall only be liable for reimbursement of expenses or damages - irrespective of the legal grounds - in the event of intent or gross negligence on the part of its representatives or vicarious agents. The limitation of liability shall not apply in the event of a breach of material contractual obligations, but shall be limited to the amount of typical foreseeable damage, up to a maximum amount of 1,000.00 euros per case of damage. The user shall maintain a corresponding liability insurance in this amount. Material contractual obligations are abstract obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which a contractual partner may regularly rely. Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected.
IX. Possibility of revocation in the case of distance contracts
If the order is placed by a consumer, the use of the online shop constitutes a distance selling contract within the meaning of § 312c BGB. Therefore the following cancellation policy:
9.1 Right of revocation
You have the right to revoke the contract concluded by the order within 14 days without giving any reasons. The revocation period begins on the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation, you must inform us of your decision to revoke this contract by means of a clear declaration, e.g. a letter, fax or email sent by post. Please address the revocation to:
Norddeutsche Apparate-Bau-Anstalt Lyck & Co. GmbH
Telephone: 0431 / 72 27 17
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
9.2 Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including shipping costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to our above address without delay and at the latest within fourteen days from the day on which you notify us of the revocation. The deadline is met if you send the goods before the deadline expires.
End of the cancellation policy
9.3 Exceptions to the right of revocation
The right of revocation does not apply to contracts for goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal circumstances of the consumer.
X. Data protection
The User shall process and use the personal data required within the scope of the business relationship for the processing and handling of the order in compliance with all data protection regulations, in particular those of the BDSG and the TMG. Data will only be passed on to third parties if this is necessary within the framework of the contractual provision of services for order processing and cooperation with subcontractors or if the client has given his consent accordingly.
XI. Place of performance, place of jurisdiction, applicable law
11.1 The exclusive place of jurisdiction and performance for all legal disputes arising from a contractual relationship with the User in accordance with these General Terms and Conditions is Kiel.
11.2 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods.
(Status: May 2017)