General Terms and Conditions of Sale of AMV Funktechnik Handels GmbH

1. general

1.1 Definitions
AMV, as used below, means “AMV Funktechnik Handels GmbH”.

1.2 Agreements and contractual validity
The General Terms and Conditions of Sale of AMV apply exclusively to contractual partners. Any deviation from these must be confirmed in writing by AMV. Agreements or ancillary agreements shall only be valid if they have been confirmed in writing by AMV.
The contract shall remain binding in its remaining parts even if individual points are legally invalid. This shall not apply if adherence to the contract would represent an unreasonable hardship for one of the parties.

2. official approvals / authorizations

The customer is solely responsible for obtaining all necessary orders and permits.

3. specification

3.1 AMV is entitled, but not obliged, to change the specification of the equipment sold at any time – before or after delivery – if this is necessary for technical reasons or to comply with official regulations.
3.2 The illustrations, drawings, weights, dimensions etc. reproduced in the offer or in the information documents are only approximate, insofar as they are expressly designated as binding.
3.3 AMV reserves unrestricted ownership and copyright exploitation rights to cost estimates, drawings and other documents; they may only be made accessible to third parties with AMV’s prior consent. Drawings and other documents belonging to offers must be returned immediately on request if the order is not placed.

4. reservation of title

The goods shall remain the property of AMV until all claims against the customer arising from the business relationship have been fulfilled.

5. price and payment

5.1 The prices apply to delivery without installation or assembly ex works excluding packaging.
5.2 The prices are quoted in euros and only for the respective order concluded.
5.3 The statutory value added tax is not included in the prices. It is listed separately on the invoice.
5.4 Invoices for appliances must be paid within 14 days of the date of dispatch or delivery, free AMV’s paying agent. If the payment deadline is exceeded, default interest of 8% p.a. above the Bundesbank discount rate shall be charged from the date of default.
5.5 If the customer delays the provision of documents (see 6.1.), or the acceptance of the devices or services, the payment deadline shall begin to run, the services, the payment period shall commence on the day on which AMV has notified the customer of its readiness to deliver or perform (commissioning or taking possession of the equipment by the customer is not required).
5.6 If the customer’s financial situation changes to the possible detriment of AMV, AMV shall be entitled to withdraw from the contract or to deliver only against advance payment. The customer may not derive any claims for itself from this.
The customer may only offset claims that are undisputed or have been legally established.

6. deadline for delivery

6.1 With regard to the deadline for deliveries or services, the written declarations of both parties shall be decisive. Compliance with the deadline is conditional on the timely receipt of all necessary documents to be supplied by the customer, the timely clarification and approval of the plans, compliance with the agreed terms of payment and other obligations.
6.2 The deadline shall be deemed to have been met:
6.2.1 in the case of delivery without installation or assembly, if the ready-to-operate consignment has been dispatched or collected within the agreed delivery or performance period. If delivery is delayed for reasons for which the customer is responsible, the deadline shall be deemed to have been met upon notification of readiness for dispatch within the agreed deadline.
6.2.2 In the case of delivery with installation or assembly, as soon as this has taken place within the agreed deadline.
6.3 If non-compliance with the deadline for deliveries or services is demonstrably due to mobilization, war, riot, strike, lockout or the occurrence of unforeseeable obstacles, the deadline shall be extended appropriately.
Claims for compensation by the customer that exceed the limit of 5 % specified in Article 6.3. para. 2 are excluded in all cases of delayed delivery. This shall not apply if liability is mandatory in cases of intent or gross negligence.

7. transfer of risk

The risk shall pass to the customer, even if carriage paid delivery has been agreed.
7.1.1 In the case of delivery without installation or assembly, if the ready-to-use consignment has been dispatched or collected. Packaging shall be carried out with the utmost care. Shipment shall be made at AMV’s best discretion.
7.1.2 In the case of delivery with installation or assembly on the day of acceptance.
7.1.3 If shipment, delivery, the start or performance of installation or assembly is delayed at the request of the customer or for reasons for which the customer is responsible, the risk for the delay shall pass to the customer; however, AMV shall be obliged to take out the insurance requested by the customer at the customer’s request and expense.

8. installation and assembly

The customer shall, at his own expense and in good time, procure all preparatory work necessary to ensure the smooth and appropriate installation, assembly or repair of the equipment.
8.1 If the equipment is to be installed in a vehicle, the customer must have the vehicle radio interference suppressed prior to installation and at his own expense, and ensure that the electrical system is in perfect working order.
8.2 If the customer is responsible for delays, he will be charged for the costs incurred.

9 Liability for defects

AMV shall be liable for defects, including the absence of warranted characteristics, as follows:
9.1 All parts or services that become unusable or whose usability has been significantly impaired within 24 months – irrespective of operating time – from the date of transfer of risk as a result of a circumstance prior to the transfer of risk, in particular due to faulty design, poor materials or defective workmanship, shall be repaired, replaced or provided again free of charge at AMV’s discretion.
9.2 The liability for defects does not apply to natural wear and tear, nor to handling that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment, defective construction work, electrochemical or electrical influences that are not assumed under the contract.
9.3 The warranty period is 3 months for repairs and 6 months for replacement deliveries. It shall run at least until the expiry of the original warranty period for the delivery item.

10. impossibility, contract adjustment

If the delivery or service incumbent upon AMV or the customer becomes impossible, the general principles of law shall apply with the following proviso: if the impossibility is attributable to AMV’s fault, the customer shall be entitled to demand compensation. However, the customer’s claim for damages shall be limited to 10 percent of the value of that part of the delivery which cannot be put to the intended use due to impossibility.

11 Other claims for damages, withdrawal, obligation to give notice of defects

Claims for damages by the customer arising from positive breach of contract, from breach of obligations during contract negotiations and from tort are excluded. The limitation of liability shall apply to the customer accordingly.

12. transferability of the contract

AMV may have all obligations arising from this contract fulfilled by third parties.
AMV may assign rights and claims arising from this contract to third parties.

13. place of jurisdiction

13.1 If the customer is a registered trader, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, including actions on bills of exchange and checks, shall be the Local Court of Achim near Bremen.
13.2 The contractual relationship shall be governed by German law.

As of 10/01/2010 YLö / FJo