General Terms and Conditions of
Avox Technology GmbH
§ 1 Coverage of the following conditions
1. The General Terms and Conditions or extract of them are be translated into some languages used on this web. The German version of the General Terms and Conditions, the AGB, shall be thereby the only legally binding version. Translation of the AGB is conscientiously made by Avox. However no guarantee shall be issued for the correctness of these translations.
2. Offer, delivery and service of the seller shall be made solely under coverage of these conditions. The General Terms and Conditions of Avox Technology GmbH shall apply also to future business relationships even if it is not explicitly declared by Avox Technology GmbH each time.
§ 2 Contract Conclusion
Proposals made in brochures, advertisings etc. shall be without obligation and are made under reserve. All mentioned prices and costs are net-prices.
All determined terms and specifications shall be given due to the latest technical state at that moment. Technical deviation of the delivered goods from proposal documents shall be valid as far as it is not essential and the contract intention is not restricted significantly.
§ 3 Delivery, Delivery Time and Transfer of Perils
1. Delivery shall be made ex store unless deviation is arranged expressly in written form.
2. Unless otherwise specifically agreed the buyer has to take the costs of transport insurance and delivery.
3. Partially delivery shall be valid and is considered as independent delivery. The Client has to examine delivery directly after receiving for completeness and integrity. Complaint must be made within 8 days after receiving delivery, otherwise the delivery shall be considered as correct.
4. Transfer of perils shall take place after handing over the goods to the freight forwarder chosen by the seller. As far as delivery is delayed or impossible with independent of negligence of Avox perils shall be transferred to the buyer after notification.
5. If delivery is delayed, the buyer shall assert a claim not until 6 weeks after the agreed delivery period. If delivery shall still be delayed or impossible after 6 weeks, duty of replacement and compensation for loss suffered is excluded as far as it is not based on grossly negligent by the seller. Extended liability in sense of § 287 BGB is excluded.
6. Unforeseen incidences beyond the control of the seller e.g. war risk, resort to violence by third party, interferences by government like currency or trade policy sanctions, strike by employees of the seller or freight forwarder or business disruption in the company of the seller or the freight forwarder shall extend the agreed date of delivery by the period of the incident plus a appropriate start-up time. Extend of the agreed date shall also apply to the case of delayed delivery of the seller at date of the unforeseen incidence, if the seller had no notice of the incidence at that time. In this case the seller shall give immediate notice to the buyer.
7. If delay of delivery continues more than 2 months both parties are entitled to cancel the contract. The buyer shall give prior notice of cancel. The contract shall be cancelled not until the seller does not answer within 1 week or assures subsequent delivery within appropriate time.
8. Right of withdrawal shall exist independently from section 7. if transaction of contract is unreasonable for both parties.
§ 4 Warranty and Liability
1. If delivered goods have been defective, the seller shall have the right to deliver compensation delivery or correct the deficiency.
2. Right of withdrawal, contraction or compensation for the buyer shall be excluded, except the seller cannot make compensation delivery or correct the deficiency within 8 weeks.
3. In case of missing or unequal compensation delivery or failed repair of deficiency, the buyer shall have the right of adequate decrease or withdrawal of the contract.
4. Right of compensation shall be excluded, only if the seller causes the violation of contract by intention or with culpable negligence.
5. Avox offers a two-year warranty from date of delivery. Warranty shall be excluded, if the delivered goods are damaged through inappropriate use, installation, repair or modification by the buyer or third party.
§ 5 Retention of Title
Avox remains owner of the delivered goods until the buyer has fulfilled all liabilities and requirements of the contract. Till then the buyer assigns all claims resulting from reselling of the delivered good to Avox.
§ 6 Payment
Invoices of Avox shall be paid by prepayment or cash on delivery except the seller and buyer have made a different agreement. Avox has the right to reject checks and bills of exchange.
§ 7 Place of Performance, Jurisdiction and Part Validity
Place of performance for delivery of goods and jurisdiction shall be Hamburg. German law shall be applied. If parts of these general terms and conditions are invalid, validity of the remaining terms and conditions shall be valid.