Terms and conditions
§ 1 General
The offers, orders and deliveries are made exclusively in accordance with the following terms and conditions. Further or conflicting conditions, in particular the buyer's conditions of purchase, are non-binding and only become part of the contract if they are confirmed in writing by LED 3.0. Buyers are exclusively natural or legal persons who act in the exercise of their commercial or independent professional activity. In addition, the regulations of the Association of German Electrical Engineers (VDE) apply.
§ 2 delivery and performance
The maturity of the contractual performance obligations is based on the statutory provisions. A deadline set by the buyer for performance or subsequent performance will only be considered appropriate by the contracting parties if it is at least four weeks. Partial services are permitted and are considered to be independent services. Deviations from the ordered service are only permitted insofar as they are reasonable for the buyer. Dimensions, drawings and illustrations in LED 3.0 documents are not binding. In the event that the goods are not available, the buyer will be informed immediately and can therefore withdraw from the purchase contract. Any consideration received by the buyer must be reimbursed immediately. The same also applies in the case of subsequent performance claims. There is no obligation for the buyer for the new offer.
§ 3 Terms of Payment
Payments have to be made after receipt of the invoice rinse to be made without deduction. Checks are only accepted on account of payment, bills of exchange are not accepted. In the event of default, LED 3.0 is entitled, in addition to default interest of 8 percentage points above the respective base interest rate, to charge a flat reminder fee of EUR 10. When ordering for the first time, LED 3.0 reserves the right to only deliver goods against cash on delivery. In this case and in the case of a PayPal payment, additional fees are to be reimbursed by the buyer. On account, we only deliver to companies known to us, provided that their creditworthiness has been certified. Invoices are due immediately and without any deduction. In the event of delay, the right to claim further damages is reserved. If the financial circumstances of the buyer deteriorate or a deterioration in assets is only known after the conclusion of the contract, LED 3.0 can demand appropriate security. LED 3.0 is not obliged to carry out the delivery beforehand. The exercise of rights of retention is excluded if these are not based on the same contractual relationship. The buyer is only entitled to offset if his counterclaim has been legally established or has been recognized by LED 3.0. The buyer is free to provide evidence of lower damage. LED 3.0 is entitled to offset payments against older liabilities in spite of the buyer's provisions to the contrary. LED 3.0 is not obliged to present checks in good time. Payments are only considered to have been made when LED 3.0 can dispose of the amounts owed without loss. If an invoice is paid by direct debit, the goods only become the property of the purchaser when the invoice amount has been collected in full and without revocation. § 4 Material defects and warranty
The statutory limitation period for claims for defects is 2 years and begins with the delivery of the goods. The LED 3.0 is liable for material defects as follows: All those parts or services are to be repaired, re-delivered or newly provided by LED 3.0, which show a material defect within the limitation period, provided that the cause already existed at the time of the transfer of risk. If there is a defect, the buyer of the LED 3.0 must set a measured deadline for subsequent performance. Defects in the delivered goods must be reported in writing immediately after delivery, hidden defects immediately after their discovery. A defect does not exist in the case of deviations customary in the industry and in the case of goods that have been sold as declassified or used material. There is still no defect if the operating or maintenance instructions are not followed, changes are made to the deliveries or services, parts are exchanged or consumables are used that do not correspond to the original specifications. There is no warranty here, unless the client can prove that the defect is not based on this. In the case of the removal of defects, LED 3.0 is obliged to bear the expenses necessary for the purpose of the removal of the defect, provided that these are not increased by the fact that the purchased item has been moved to a location other than the place of performance. The warranty expires if the buyer or a third party commissioned by him changes the delivered goods or the work and the defect can clearly be traced back to this change.
§ 5 Other claims for damages
Claims for damages and reimbursement of expenses by the buyer, regardless of the legal basis, in particular due to breach of obligations arising from the contractual relationship and from tort, are excluded. The exclusion of liability does not apply to personal injury or if LED 3.0 is grossly negligent. The exclusion of liability also does not apply to the extent that liability is mandatory, e.g. B. according to the product liability law. In the case of claims for damages under the Product Liability Act, the statutory statute of limitations apply. Further or other claims of the customer against LED 3.0 and its vicarious agents due to a material defect are excluded.
§ 6 Liability
If the CE conformity expires due to lamp modifications or improper dimming by the buyer or a third party, LED 3.0 is not liable. LED 3.0 also adheres. not if this means that the applicable DIN EN 60598 paragraphs 4.14 to 4.32 or EN 12464-1 in the respective version are no longer met. A technological failure of individual LEDs or a loss of brightness do not represent a defect.
§ 7 Retention of title
The delivered goods remain the property of LED 3.0 until they have been paid for in full. Resale of the reserved goods is only permitted in the normal course of business. The buyer now assigns all claims from the resale to LED 3.0. LED 3.0 undertakes to release that part of the assigned claim that exceeds its own by more than 20%. The reference value for calculating the value of the security is the respective sales price of LED 3.0, minus 10% if the goods are no longer as good as new. Without the written consent of the seller, the buyer is not permitted to pledge the reserved goods or to assign them as security.
The reserved ownership also secures the balance claims of LED 3.0. Processing or transformation of the goods is always carried out for LED 3.0. As a precaution, the buyer hereby assigns the claims from the resale or any other legal reason with regard to the reserved goods to LED 3.0 in full. If goods subject to retention of title are sold together with other goods at a total price, the assignment includes the first-rate partial claim corresponding to the invoice value of the goods. The assignment of claims also includes claims of the buyer on the final balance of a current account that the buyer agrees with his customers. Upon request, the buyer must disclose the assignment of claims and provide any information required with regard to the claims assigned to LED 3.0 by submitting the receipts. In the event of default in payment or other significant breaches of contract by the customer, LED 3.0 is entitled to withdraw from the contract after setting a reasonable deadline. In this case, the buyer is obliged to assign claims for surrender against third parties to LED 3.0. The buyer irrevocably allows LED 3.0 to enter the buyer's rooms in which the reserved goods are stored in order to enable LED 3.0 to be removed or to inspect the goods.
§ 8 Place of Performance and Jurisdiction
The place of performance for delivery and payments, as well as the place of jurisdiction for both parties, is 41460 Neuss.
German law applies to the legal relationships between the parties without the reference norms of international private law and to the exclusion of the UN sales law. The above conditions apply accordingly to contracts for work and services. In the event that both parties are merchants, Neuss is agreed as the locally responsible place of jurisdiction. Otherwise the statutory provisions apply.