Terms and Conditions

Company Remsdale, Sonnenschein Str. 27, 73614 Schorndorf, Stand July 2012

§ 1 Subject matter of the terms and conditions of our offers, sales and deliveries, the following conditions apply. These apply at the latest upon acceptance of the goods or services have been accepted. They also apply without further express agreement to all future business. Different conditions, in particular conditions of purchase, are valid only if they have been specifically agreed and confirmed in writing by us.

§ 2 Conclusion of Contract signed by buyer order is binding in orders through the Internet, the dispatch of the order is binding. This purchase agreement is binding on the buyer with the financial statements. For the seller, it is binding with the conclusion, unless it is revoked within 10 days from the date of her. Deliveries and invoicing are confirmed in writing the same. Offers of the Seller are subject to change. All ancillary agreements or amendments are confirmed in writing by the Seller. The contained in brochures or similar documents and made with any other offer product descriptions such as illustrations, drawings, descriptions, dimensions, weight, performance and consumption, including information relating to the usability of appliances for new technologies are non-binding, as far as they are not expressly designated as binding. Make minor design and form changes, variations in color and / or weight reserved. This is particularly true in the case of changes and improvements in the interest of technical progress. Slight deviations from such product descriptions are deemed as approved and do not affect the performance of contracts, unless they are unreasonable for the buyer. We reserve the right, in case of non-availability of the contractual service to withdraw from the agreement and from the obligation to provide the service free. We are committed in this case to immediately inform the BPs and to immediately refund already rendered a consideration of BPs. This only applies if we are not responsible for the unavailability of the promised goods or services and have the delivery or performance does not guarantee against the BP.

§ 3 Prices / Payment The prices are, unless expressly stated otherwise, total prices and include sales tax. The values ​​given in the presentation or advertising prices lose their validity with the publication of each new edition. Prices are ex works, without instruction, setting, installation or other additional services. The dispatch takes place after our discretion. We use standard packaging; required special packaging (eg. as seaworthy packaging) borne by the buyer. We are entitled but not obliged to insure the goods at the buyer's expense. Freight and free of costs is only effected after prior written agreement. Unless lie between contract conclusion and the agreed or actual delivery more than 3 months, the force at the time of delivery or provision Rates saleswoman apply. Invoices of the Seller shall be payable within 7 days from the invoice date, without deduction. The rejection of checks or bills of exchange, the seller expressly reserves. Acceptance is always only as payment. Discount and bill charges shall be borne by the buyer and are due immediately. If the buyer does not meet his payment obligations, in particular a check or a change is not honored or his payments or if the Seller other circumstances become known which question the creditworthiness of the buyer, the seller is entitled to declare the entire remaining debt, even if it has accepted bills of exchange or checks. In this case, the Seller shall also be entitled, in relation to all other treaties to demand advance payments or security deposits, and withdraw after a reasonable extension of those contracts or to claim damages for non-performance. The buyer is only entitled to offset if the counterclaim is undisputed or legally binding. A right of retention to the buyer only if it is based on the same contract. The buyer may only offset counterclaims that are either recognized or legally by us.

§ 4 Delivery The Seller is the obligation to provide free delivery when execution unreasonably difficult by force majeure, by official orders, transport and operational disruptions, lack of raw materials or by any other circumstances or becomes impossible. If the Seller during the execution of the contract becomes aware of circumstances which cast doubt on the creditworthiness of the buyer, then they will also be exempt from the obligation of delivery. If this happens, the seller is obliged to deliver only if advance payment or provision is made adequate security. If delivery is delayed by the events listed above, the purchaser will still be required for acceptance. The agreed delivery period only begins to run when all the technical details, including the necessary questions, are clarified at the factory. 1. Our delivery dates or deadlines are not binding, unless the date of delivery was promised in writing binding. 2. If a delivery has been promised by us, this takes place within six weeks, unless a delivery date or delivery period has been agreed in writing. The deadlines will be extended appropriately in case of force majeure and unforeseen, we can not be held especially at events such as labor disputes Strikes or lockouts, riots, political unrest, import obstructions or blockages. Furthermore, we shall have a right of withdrawal in such cases. 3. Partial deliveries remain reserved. These apply to payment obligations, transfer of risk and warranty obligations as independent deliveries. The BP is not entitled to reject independent partial deliveries. 4. Should we, for reasons that we are responsible is in default, the liability for damages is excluded in case of ordinary negligence, if the delay was not due to breach of contract 5. BP Sets us after we have already become delayed, a reasonable grace period with penalty, he shall be entitled after the fruitless expiration of this grace period to rescind the contract or to demand damages for non-performance, the latter but only if the delay is due to intent or gross negligence or in the case of slight negligence on the breach of contract was based. 6. If the BP in default of acceptance or if he violates other obligations to cooperate, we are entitled to claim the damage incurred by us including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the goods at the time on the BP goes into which he falls into default of acceptance. 7. In case of non acceptance by the BP, we are entitled to claim 25% of the purchase price claim lump sum damages. The proof of higher damages by us or a lower damage caused by the BP is reserved. 8. If the goods ordered made for the appointment or appointed, the right to revoke the order pursuant to § 312 d IV BGB is excluded. For the same reasons a right of return can not be granted. Warranty claims for defects will remain unaffected. A deficiency is reported to us by phone or in writing. A return must be made always free. Shipments without freight prepaid will not be accepted, or additional costs incurred from unfree returns are invoiced. 1. With cash in addition to the shipping costs will be charged (regardless of order) 26,90 Euro fee. The shipping costs for foreign countries are different depending on the country and can be requested. A non-acceptance of a COD shipment will be charged with a minimum of 15 euros. 2. For non-acceptance of our delivery, we reserve to charge up to 20 euro fee before for deliveries within Germany 10 Euro and abroad. 3. For surname 2 delivery attempts are made by our delivery company and leave a notification for a third delivery attempt. When non-delivery, the buyer bears all the costs of non-delivery. We accept no liability for delivery at cash on delivery.

§ 5 Transfer of Risk for deliveries, the risk to the GP as soon as the consignment to the carrier or company has been handed over or has the purpose of shipment leave our company.

§ 6 Retention of Title 1. All our deliveries with retention of title (reserved goods). 2. We further reserve the title to the goods delivered until all claims which we are entitled on any legal grounds against the BP this or future. 3. The BP may not dispose of the conditional goods, provided the goods he has not expressly passed for resale. A resale is permitted in this case only as part of an ordinary course of business. In the event of resale of the goods subject to retention of BP hereby assigns his purchase price claim against the purchaser in full to us. 4. Before the transfer of ownership of the pledge or transfer of ownership of the goods is prohibited. With access by third parties - in particular bailiffs - on the conditional goods, the BP will refer to our ownership and inform us immediately so that we can enforce our rights of ownership. If the third party is unable to reimburse us for the costs arising from the judicial or extrajudicial costs, shall be liable for the BP. 5. If the buyer with a payment wholly or partly in default, he discontinues his payments and surrender otherwise justifiable doubts as to his solvency or creditworthiness, he is no longer entitled to dispose of the goods. We can withdraw in such a case, after a reminder from the contract and / or revoke the authorization to collect the BP compared to the consignee. We are then entitled to demand information about the consignee to notify them the transfer of claims to us and to collect the claims of the buyer against the consignee. In case of withdrawal of the BP's - if not has the right over the goods - obligated to surrender. 6. The retention of title as such and the seizure of the delivered goods by us shall not automatically constitute a withdrawal from the contract, unless this is required by law for this case, or is declared by us in writing. 7. A transformation or processing of the delivery item by the BP is always done for us. In processing of the delivery item with other items not belonging to us we acquire joint ownership of the new item. The co-ownership is calculated according to the proportion of the value of the delivered goods to the other processed items at the time of processing. The same applies as for the reserved goods, moreover, for the newly created by processing thing. 8. In the event of an inseparable combination or mixing of the delivered goods with items not belonging to us also we acquire joint ownership of the new item. The co-ownership is calculated according to the proportion of the value of the delivery item to the other combined or mixed objects at the time of combination or mixing. Is the cause of BPs regarded as the main thing, the BP is obliged proportionally to transfer ownership to us on this matter. The BP secures thereby the sole ownership or co-ownership for us. 9. Any excess of the secured claims the value of our securities by more than 10% so we commit ourselves to release the securities we are entitled at the request of BPs so far. 10. Existing rights of insurance be transferred in case of damage in the amount of we are entitled to demand direct to us. We accept this assignment. In commercial transactions, the goods during the period of retention of our property standing is to be insured by the BP at his own expense against fire, water, theft and burglary.

§ 7 Warranty 1. If the delivery item is defective, the statutory provisions shall apply with the following regulations. In case of a defect, we have the choice between the removal of the defect or delivery of conforming goods. If the repair fails or if the product also defective, may request a refund of the agreed price or reduce the purchase price of the BP return of the goods. 2. When a legal transaction to which a consumer is not involved, the warranty period for new goods is one year. For used items, the warranty period for consumers is one year, for companies this is excluded. 3. the BP known upon delivery of the purchase object defects and wear are excluded from the warranty. 4. Claims of BPs on warranty are conditional on the BP showing obvious defects within two weeks after delivery. The rules for merchants examination and complaint in accordance with §§ 377 HGB remain unaffected. 5. Upon delivery of individual components or parts, the warranty applies only to the absence of defects. A warranty as to the compatibility of individual components or parts with other parts of the BPs will - unless another written agreement - are excluded. 6. The warranty does not extend to the consumption-related wear and custom modifications on object of purchase or the use of accessories, which we have not supplied or approved. A warranty is in this case only if the defect is proven to be attributed to us. Excluded from any warranty are errors that have been caused by damage, incorrect connection or incorrect operation by the BP or by force majeure. 7. warranty obligations do not apply if the errors that occurred in causal connection with it is that the object sold has been treated improperly or overstressed (eg in competitions and improper use) or if the BP fails to comply with the rules on handling, maintenance and care of the purchased item Has. In these cases there is only a guarantee if the defect occurred would have occurred also independently thereof. 8. Battery are consumables with limited warranty. Loss of power to Battery caused by normal wear and tear or damage caused by improper use in storage, installation, connection or operation, do not constitute a warranty or guarantee claim. 9. Rechargeable batteries are consumables, which are subject to considerable wear since they are constantly charged and discharged. The life of these batteries is limited even in ordinary use and is below the statutory warranty period. Warranty claims regarding batteries, in particular in terms of performance are therefore excluded in principle after 6 months. 10. The manufacturer explicitly point out that batteries that heavy use or extreme temperature fluctuations and moisture are suspended or permanently connected to a power supply, after a few months up to 50 percent of their original capacity can lose. No guarantee or warranty claims can be asserted for such loss of power. 11. When removing labels, stickers and other markings used to uniquely identify the product and opening of assemblies by the BP is also no more warranty. 12. The BP is required to document transport damage immediately and show the shipping company. If package is damaged the BP has to be signed by the delivery person this. 13. Should the BP make intentional or grossly negligent faults contends that then than not turn out to be beyond our control, the BP must compensate us for the expenses incurred in accordance with our currently valid price list. 14. The foregoing provisions of this section shall not apply to second-hand goods which - have been delivered, excluding any warranties - legitimately. 15. The BP is obligated to permit the verification of what he called faulty delivery item and to make these accessible and returned to us upon request at his expense. 16. The transfer of warranty claims to third parties is excluded. 17. If the buyer resells the goods supplied by us to third parties is forbidden to refer to us because of the associated legal and / or contractual warranty claims. 18. If the buyer is a businessman, touching complaints the maturity of the purchase price not, unless their permission has acknowledged in writing by us or legally festgestellt.19. Basically, all shipping and handling charges, as well as assembly and disassembly costs are borne by the buyer. Claims for damages or loss of profits are always excluded. If the buyer changes or repairs to the complaint goods himself, we are exempt from any warranty.

§ 8 Liability 1. We shall be liable without limitation for intent and gross negligence. Liability for slight negligence only if one for the achievement of the goal and purpose of the contract for the performance of essential contractual obligation (cardinal obligation) has been violated. 2. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and agents. 3. If a BP who is not a consumer, the liability for lost profits or other financial damages is also excluded.

§ 9 side agreements, partial efficacy amendments to the contract shall be made in writing. Verbal agreements are not binding. This also applies to the agreement to refrain from written confirmations or agreements. So that all other provisions Should individual provisions of these terms and conditions or the contract be ineffective or violate applicable law, shall remain effective. The invalid provision is then replaced by that legally binding, which from a commercial point of the invalid provision.

§ 10 Place of performance, jurisdiction and jurisdiction 1. The place of performance for supplies and services and payments is Schorndorf. To the extent permitted by law, especially among merchants the place of jurisdiction Schorndorf agreed with the proviso that we are entitled to sue at the place of the registered office or a branch of BPs. 2. The law of the Federal Republic of Germany, excluding the UN Rights or other national or international rights.