Our terms and conditions of sale & delivery
1. The following terms and conditions of sale and delivery apply exclusively to our business relationships with our customers. They take precedence over any customer's terms and conditions of purchase. Any deviating, conflicting, or supplementary general terms and conditions of the buyer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. Deviations and verbal agreements must be made in writing.
Until full payment of the claims has been made, the goods subject to retention of title may not be pledged to third parties or assigned as security. The buyer must notify us immediately in writing in the event of an application for the opening of insolvency proceedings or in the event of third parties accessing the goods belonging to us (e.g., seizures).
Legally relevant declarations and notifications by the buyer regarding the contract (e.g. notifications of defects, setting of deadlines, withdrawal or reduction) must be made in writing, i.e. in written and text form (e.g. letter,
e-mail).
e-mail).
This offer is subject to change and non-binding. Acceptance of a contractual offer by the seller can be declared either in writing (e.g., by an order confirmation) or by delivery of the goods to the buyer.
2. Unless otherwise agreed in writing in individual cases, our prices valid at the time of conclusion of the contract shall apply ex warehouse, plus statutory VAT. Any customs duties, fees, taxes, and other public charges shall be borne by the buyer.
3. Payment of the purchase price must be made exclusively to the account stated overleaf.
Unless otherwise agreed, the purchase price is due and payable within fourteen days of invoicing and delivery or acceptance of the goods. Delivery is ex works, at the buyer's expense and risk. Our prices, plus statutory VAT, are ex works.
However, even within the framework of an ongoing business relationship, we reserve the right at any time to make a delivery, in whole or in part, only against advance payment. We will declare this reservation no later than with the order confirmation.
Payment must be made within one week of the invoice date, with a 2% discount, or within 30 days net cash.
The buyer shall only be entitled to rights of set-off or retention if his claim has been legally established or is undisputed and his counterclaim is based on the same contractual relationship.
4. The buyer shall be in default if the above payment period expires. During the period of default, the purchase price shall be due at the applicable statutory default interest rate according to Section 288 ff of the German Civil Code (BGB) in the amount of
Interest will be charged at 9 percentage points above the current base interest rate of 2.27%. We reserve the right to claim further damages for late payment.
5. Delivery shall be ex warehouse. The warehouse shall also be the place of performance for delivery and the place for any subsequent performance.
Upon delivery of the goods to the buyer, the risk of accidental loss and accidental deterioration passes to the buyer. If the goods are shipped, the risk of accidental loss, accidental deterioration, and delay passes upon delivery of the goods to the freight forwarder or carrier.
6. Complaints must be made immediately, and no later than one week after receipt of the goods. In the event of a justified complaint, AUCO GmbH will, at its discretion, either reduce the purchase price or provide a replacement. Any further claims for compensation, particularly for consequential damages, are excluded.
The buyer must grant us the necessary time to provide subsequent performance. In particular, the buyer must hand over the item for which he has claimed a defect to us for inspection purposes. In the event that we subsequently deliver a defect-free item, the buyer must return the defective item to us in accordance with statutory provisions.
The buyer may, in accordance with statutory provisions, withdraw from the purchase contract or reduce the purchase price if a deadline set by the buyer for subsequent performance has expired without success. However, the buyer is not entitled to withdraw from the contract in the event of a minor defect.
We will reimburse the expenses necessary for inspection purposes and subsequent performance (transport costs, labor costs) in accordance with the statutory provisions and the General Terms and Conditions of Sale in the event of a defect.
7. AUCO reserves the right to withhold payment of the purchase price and all other claims arising from the businessconnection, ownership of the delivered goods remains. The buyer may only sell or process the delivered goods within the scope of its ordinary business operations. In such a case, the claims against the buyer's customer are hereby assigned to AUCO.
