General standard terms and conditions
of the RCS AUDIO-SYSTEMS GmbH, Germany
1. Scope
1.1 These sale conditions apply exclusively to entrepreneurs, legal persons under public law, or public special funds as defined by § 310 paragraph 1 BGB (German Civil Code).
1.2 Our deliveries and services take place according to the following sales, delivery and payment conditions.
1.3 Terms and conditions of the customer that conflict or deviate from these terms and conditions shall only apply if expressly agreed by the contractor in writing.
1.4 These sale conditions also apply to all future business with the customer, insofar as they are transactions of a similar nature.
2. Offers and conclusion of contract
2.1 Our offers are non-binding.
2.2 The contract is deemed to be concluded when we send the customer an order confirmation or commence delivery.
2.3 In the event of immediate dispatch of the ordered goods, the bill is considered as order confirmation. For longer delivery times, an order confirmation will be sent to the customer with an approximate delivery time.
2.4 In the event of breach of contract by the buyer, the seller is entitled to demand 10% of the purchase price plus packaging and transport costs as compensation. The Contracting Parties retain the right to prove lesser or greater damage in individual cases..
3. Documentation
3.1 We reserve ownership and copyright of all documents provided to the customer when placing an order, such as estimates, drawings etc. These documents may not be disclosed to third parties, unless we give the customer our express written consent.
3.2 The information contained in our catalogs, brochures, price lists or at www.rcs-audio.com concerning performance, weights, dimensions, prices etc. are only approximate. They are binding if expressly referred to in the order confirmation.
4. DELIVERIES
4.1 Our deliveries are made ex warehouse in Bad Aibling, a distribution warehouse or ex works.
4.2 Any delivery dates are approximate and not binding. Force majeure or manufacturing impediments will entitle us to postpone the delivery for the duration of the impediment. They give the buyer no right to rescind the contract or to claim damages.
4.3 If the goods are shipped to the customer at per their request, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer upon dispatch, at the latest upon leaving the factory/ warehouse. This applies regardless of whether the goods are shipped from the place of delivery or who bears the shipping costs.
5. PPrices and payment conditions
5.1Our prices shall be understood as net Euro ex works including packaging.
5.2 Agreed payments 15 days after receipt of goods may take the form of net, C.O.D, pre-payment or LC as agreed. Other payment terms can be negotiated.
5.3 All deliveries are ex-works Bad Aibling, Germany.
6. Retention of ownership
6.1 We reserve ownership of the delivered goods until all claims from the delivery contract are paid in full. This also applies to all future deliveries, even if we do not always refer to this. We are entitled to reclaim the goods if the customer breaches these terms.
6.2 The buyer is obliged to treat the goods with care until such time as the ownership is transferred. In particular, he/she is obliged to insure them at his own expense against theft, fire and water damage at the new value. If maintenance and inspection work is necessary, the customer shall carry them out punctually at his/her own expense.
Until such a time as the ownership has been transferred, the customer must notify us immediately in writing if the delivered goods are seized or exposed to any interference by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO (Code of Civil Procedure), the customer is liable for the loss incurred.
6.3 The purchaser is entitled to resell the reserved goods in the ordinary course of business. The customer cedes to us any claims by the new customer arising from the resale of the goods in the amount of the mutually agreed final invoice amount (including VAT). This assignment shall apply regardless of whether the purchased goods have been resold without or after processing. Thecustomer is authorised to collect the receivables even after this assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his/her payment obligations from the proceeds collected, is not in arrears, and in particular no petition is filed for the commencement of insolvency proceedings or suspended payments.
6.4 Any processing or transformation of the goods by the customer should always be made in our name and on our behalf. In this case, the purchaser‘s vested right in the goods continues with the processed article. If the purchased item is processed with other items not belonging to us, we acquire joint ownership of the new item in proportion to the objective value of our goods to the other processed items at the time of processing
The same applies in the case of mixing. If the mixing is done in such a way that the customer‘s item is to be regarded as the main item, it is deemed agreed that the customer transfers proportional joint ownership to us and safeguards the sole ownership or co-ownership for us. To secure our claims against the customer, the customer also cedes such claims to us by combining the reserved goods with real estate; we hereby accept this assignment.
6.5 We undertake to release the securities we are entitled to at the customer‘s request if their value exceeds the secured claims by more than 25%.
7. Return of goods
7.1 The return of non-defective goods requires our express permission, otherwise it is prohibited.
7.2 For the returned goods, we reserve the right to withhold a cost sharing of up to 20% of the net value. The customer shall pay the cost of the return shipment.
7.3 Goods that are not from our product range or which were changed, modified or manufactured to the customer‘s specifications are excluded from any returns.
8. Warranty and liability
8.1 The importer shall carry out the repair of defective units. RCS provides the necessary spare parts for free for the devices available, which are within the scope of the statutory warranty obligation. We reserve the right to make technical changes, should the preliminary supplier make adjustments concerning the supply of the device, we accept no liability to deliver an equivalent replacement.
9. Return of used equipment to ElektroG
9.1 The customer is obligated to properly dispose of the goods at its own cost.
9.2 The customer shall indemnify us from the obligations of § 10 para.2 ElektroG (obligation of the manufacturer to take back goods) and related claims thereto.
9.3 Should the customer resell the goods to third parties, he has contractually imposed the obligations of § 10 para.2 ElektroG upon the third party, or takes them upon himself.
9.4 This entitlement to exemption will remain valid up to 2 years after termination of use of the device. This period begins after the customer has informed us in writing of the termination of use of the goods.
10. Place of performance and jurisdiction
10.1 Place of performance for payment and place of jurisdiction, also for checks and bills, for both parties is Rosenheim, Germany.