All business transactions will be processed under the following terms and conditions.
These become part of the contract content if the Customer uses deviating terms and conditions. These terms and conditions are deemed to be accepted upon acceptance of the goods or services at the latest. The Customer's General Business Terms and Conditions, particularly Purchasing Terms and Conditions, are hereby rejected, i.e. they will not be recognised even if we have not expressly rejected these upon receipt by our company.
Deviating agreements, amendments, limitations or addenda are only deemed to be accepted if we confirm these in writing.
All our offers are always non-binding and subject to prior sale and subject to delivery by our own suppliers.
A contract is only concluded by written order confirmation by Sonation, however, by acceptance of the delivery/service by the Customer at the latest.
The Customer is bound by his contract proposal for three weeks.
Technical deviations from the information on the Internet, in brochures and written documents, and also pattern, design and material modifications as part of technical progress and further development not attributable to the Customer remain reserved without derivation of any claims against Sonation.
Additional services not listed in the offer shall be charged separately.
Unless stated to the contrary, Sonation is bound by the prices contained in its offers for three weeks from the dates thereof. The prices quoted in our order confirmation are decisive.
Unless agreed to the contrary, prices do not include packing, transport, freight insurance or VAT at the rate current on the date of despatch ex stock Biberach an der Riss
A contract is only concluded when Sonation confirms the Customer's order verbally or in writing. Amendments, addenda or ancillary agreements must be confirmed by us in writing. We reserve the right to confirm a contract conclusion by means of an invoice.
Inspection & Transfer of Risk
The Customer shall inspect the goods for completeness and compliance with invoice upon receipt without undue delay. If no complaint is made within 8 days, the goods will be deemed to be in order and complete unless there is a defect which was not detectable during the inspection.
Transport damage shall be reported to Sonation in writing within 24 hours of acceptance of the goods by the Customer.
Immaterial defects, which do not affect the serviceability of the delivery item, do not entitle the Customer to refuse the acceptance.
The risk is transferred to the Customer upon handover of the contractual product to the carrier, his agents or other persons appointed by Sonation, however, upon direct handover of the contractual product to the Customer or his representatives at the latest. If despatch is delayed or becomes impossible at no fault of Sonation, the risk is transferred to the Customer upon notification of readiness for despatch.
We reserve the right of ownership to all deliveries until payment of our receivables in full.
In the event of conduct by the Customer in contravention of the contract, particularly in the event of payment arrears, we are entitled to take back the delivery item. The Customer is obliged to hand over the goods. The contract does not terminate upon taking back of the delivery item, unless we expressly declare same.
The Customer is fully liable for the delivery item until final transfer of ownership.
Compensation in the event of Non-Acceptance
If the Customer does not accept the goods, he will be liable to us for the damages incurred.
This is agreed at a flat rate of 20% of the net invoice total plus VAT. The Customer shall also bear the costs of transport in both directions.
Invoices are payable by cash before delivery, by cash upon delivery, by cash, by cheque upon delivery, by crossed cheque or upon collection or delivery, depending on the agreement.
A payment is only deemed to have been made when the funds are available to us.
Cheques and bills of exchange will not be accepted.
Payments will only be accepted in euros.
We guarantee brand new goods for 24 months unless expressly agreed otherwise. The date of transfer of ownership applies in this case.
In the event of defects in the delivery item, we are entitled to re-supply or rectify the faulty delivery item.
Excluded from the warranty are, in particular, defects or damage attributable to: operational wear and tear and normal wear, improper usage, operating errors and negligent conduct by the Customer, operation with incorrect kind of current or voltage and connection to unsuitable power sources, fire, lightning, explosion or excess voltage caused by the mains, all types of humidity and subsequent unauthorised modifications made by the Customer, unless the Customer can prove that these circumstances are not the cause of the defect which is the subject of the complaint. The warranty also lapses if serial numbers or type designation are removed or rendered illegible.
The warranty is limited exclusively to the repair or exchange of the damaged delivery items. No new warranty periods will come into force by exchanging parts, subassemblies or complete units.
The cancellation of the contract can only be enforced by the Customer upon two failures of the same defect rectification. A reduction in the purchase price can only be agreed additionally by both parties.
Liability & Warranty Extension
Unless stated otherwise in these provisions, further claims by the Customer irrespective of legal basis are excluded. Therefore, Sonation is not liable for damages, which have not been incurred on the delivery item itself; in particular we are not liable for lost profit or other financial damages incurred by the Customer. This exclusion applies in particular also to claims due to negligence upon contract conclusion, infringement of secondary obligations and manufacturer's liability in accordance with Article 823 BGB (German Code of Civil Law).
This liability exemption does not apply if the cause of the damage is based on intent or gross negligence. It also does not apply if the Customer submits compensation claims due to non-fulfilment because of a lack of quality assurance covering the risk of consequential damages.
The above liability exclusions and limitations do not apply to claims in accordance with the Product Liability Act or because of initial inability or impossibility attributable to us. Insofar as our liability is excluded or limited, this also applies to the personal liability of our officers, employees, staff, agents and vicarious agents.
All returns made with our agreement are transported at the sender's risk and cost. These consignments must reach us with all transport and transport insurance costs and other ancillary costs (e.g. delivery charges) paid. Returns made freight forward or cash upon delivery will not be accepted.
The seller undertakes to take back commercially used old machines and equipment sold free of charge at the seller's registered office. The costs of transport to the seller's headquarters shall be borne by the buyer, including packaging costs. The Buyer undertakes to inform the Seller of the return shipment at least 14 calendar days before the expected arrival.
Electronic Data Storage
The Customer's data and order data will be stored and processed electronically. It will not be divulged to third parties. The data will not be used for advertising purposes.
Jurisdiction is Biberach an der Riss
Insofar as one of the above provisions is null and void or should become null and void due to laws coming into force at a later date, the remaining provisions remain binding nevertheless. Both parties are obliged to agree a ruling which approximates as far as possible to the economic purpose which should be achieved with the null and void provision.
9th December 2019