Terms and Conditions
We, AVION Europa GmbH & Co. KG in Hagen, process the orders placed with us solely on the basis of the conditions set out below. These conditions also apply to all future business with you, our customer.
Our conditions are also authoritative if you yourself set conditions that deviate from ours. Your conditions only apply if we expressly confirm the deviating conditions to you in writing.
§ 1 scope
- These general conditions apply exclusively; Conditions of the customer that contradict or deviate from our conditions will not be recognized without express written consent. Our terms of sale, delivery and payment also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer
- Our terms of sale, delivery and payment also apply to all future business with the customer.
§ 2 offers
- All parts of our offers are non-binding.
- We reserve property rights and copyrights to images, drawings, calculations and other documents. The documents mentioned may not be made accessible to third parties without our express written consent.
- Unless otherwise agreed, our technical delivery conditions apply first to the contractual relationship in all technical questions, otherwise the relevant ISO standards.
§ 3 prices and terms of payment
- Unless otherwise stated in the contractual agreements, our prices apply “ex works” excluding packaging; this will be billed separately.
- All prices quoted by us are net prices; they understand each other plus VAT at the statutory rate on the day of invoicing.
- Unless otherwise contractually agreed, the customer is in default 30 days after receipt of an invoice or request for payment.
The customer is not entitled to deduct a discount without a special written agreement.
- The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, the customer is only authorized to assert a right of retention if his counterclaim is based on the same contractual relationship as the payment claim.
§ 4 delivery and delivery time
- The beginning of the agreed delivery time assumes the clarification of all technical questions.
- If we are in default of delivery for reasons for which we are responsible, the purchaser’s claims for compensation for the damage caused by the delay are limited to an amount of 5% of the delivery value for each completed week of delay, but no more than 25% of the delivery value. this limitation does not apply if the delay is due to willful intent, gross negligence or the breach of essential contractual obligations (so-called “cardinal obligations”).
- Both claims for damages by the customer due to delay in delivery as well as claims for damages instead of the service that go beyond the limits set out in para. 2, are excluded in all cases of delayed delivery, even after a deadline for delivery that has been set by us. this does not apply if liability is mandatory in cases of willful intent, gross negligence or due to injury to life, limb or health; this does not involve a change in the burden of proof to the detriment of the customer. The purchaser can only withdraw from the contract within the framework of the statutory provisions if we are responsible for the delay in delivery.
- At our request, the customer is obliged to declare within a reasonable period of time whether he is withdrawing from the contract due to the delay in delivery and / or demanding compensation instead of the performance or whether he insists on the performance.
- If the customer is in default of acceptance or if he violates other obligations to cooperate, we are entitled to claim the damage we have incurred, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item is also transferred to the customer at the point in time at which the customer is in default of acceptance.
- Unless otherwise agreed, we are entitled to partial services. The customer is not entitled to reject partial deliveries unless these are unreasonable for him due to the nature of the contractual obligation.
§ 5 Transfer of Risk
- Unless otherwise stipulated in the contractual agreements, delivery “ex works” is agreed. This also applies if the purchased item is sent to a different address at the request of the customer. The risk then passes to the customer when the goods are handed over to the transporter.
§ 6 Warranty for Defects
- The purchaser’s warranty rights require that he has properly complied with his inspection and complaint obligations in accordance with Sections 377, 378 of the German Commercial Code (HGB).
- If there is a defect in the purchased item, we must always primarily be given the opportunity for subsequent performance in accordance with Section 439 of the German Civil Code (BGB).
- If we are not ready or unable to provide supplementary performance, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if supplementary performance fails for other reasons, the customer is entitled to withdraw from the contract or, at his option to demand a reduction in the purchase price (reduction).
- Unless otherwise stated below, further claims by the customer – regardless of the legal grounds – are excluded. We are therefore not liable for damage that did not occur on the delivery item itself; in particular, we are not liable for lost profit or other financial losses suffered by the customer.
The above exemption from liability does not apply if the cause of the damage is based on intent or gross negligence, as well as in cases of death; of the body or health. Furthermore, it does not apply if we have given a guarantee for the quality of the item or for its durability.
The above exemption from liability also does not apply to damage caused by the culpable breach of essential contractual obligations (so-called “cardinal obligations”); Unless there is willful intent or gross negligence or we have assumed guarantees, our liability in this case is limited to the amount of foreseeable damage typical for the contract.
- The purchaser’s warranty claims for defects become statute-barred after twelve months. This does not apply if the law according to § 438 Para. 1 No. 2 BGB (buildings and items for buildings), § 479 Para. 1 BGB (right of recourse) and § 634a Para. 1 No. 2 BGB (construction defects) prescribes longer periods.
§ 7 Warranty for defects when selling used machines
- If the subject of the purchase contract is a used machine, a used vehicle or any other item that has already been used, the sale takes place under the exclusion of any warranty.
§ 8 Joint Liability
- Any further liability for damages and reimbursement of expenses than provided for in Section 6 – regardless of the legal nature of the claim asserted – is excluded. This regulation does not apply to claims that are asserted against us in accordance with Sections 1 and 4 of the Act on Liability for Defective Products. The exclusion of liability also does not apply in cases of intent, gross negligence, injury to life, limb or health or in cases of breach of essential contractual obligations (so-called “cardinal obligations”).
The claim for damages for the breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless there is intent or gross negligence or liability is due to injury to life, limb or health. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.
- Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.
§ 9 retention of title
- We reserve ownership of the purchased item until the purchase price has been fully settled, including ancillary costs (freight, packaging, etc.). In the event of breach of contract by the customer, in particular in the event of default in payment, we are entitled to withdraw from the purchase contract and take back the purchased item. After taking back the purchased item, we are authorized to dispose of it; the sales proceeds remaining after deduction of the measured sales costs are to be offset against the liabilities of the customer.
- The customer is obliged to treat the purchased item with care. He has to insure it adequately at his own expense against fire, water and theft at replacement value. If necessary, the customer must carry out maintenance and repair work in good time at his own expense.
- In the event of seizures or other interventions by third parties, the customer is obliged to notify us immediately in writing. In this case, the customer is also obliged to fully support us in asserting our rights in and out of court, in particular to provide us with the necessary documents.
- The customer is entitled to resell the purchased item in the ordinary course of business; However, he already now assigns to us all claims in the amount of the final invoice amount (including VAT) that I accrue to his customer or third parties from the resale. This assignment is independent of whether the purchased item is resold without or after processing. We accept this assignment.
The customer remains entitled to collect the claim in the ordinary course of business. This authorization expires if the customer does not meet his payment obligations from the proceeds received, or if he is in default of payment. It will also expire if an application is made to open insolvency or composition proceedings against the purchaser’s assets or if the purchaser suspends his payments.
In these cases we are entitled to collect the assigned claim ourselves. The customer is obliged to provide us with all information required for collection and to hand over the associated documents. In this case, the customer is also obliged to notify the debtors (third parties) of the assignment.
- The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing. The same applies to the item resulting from the processing as to the purchased item delivered with reservation.
- If the purchased item is inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed items at the time of mixing. If the mixing takes place in such a way that the purchaser’s item is to be regarded as the main item, it is agreed that the purchaser transfers proportional co-ownership to us. The customer shall keep the sole or joint ownership for us.
- We undertake to release the securities to which we are entitled at the request of the customer insofar as the value of our securities exceeds the claim to be secured by more than 20%; the selection of the securities to be released is incumbent on us.
§ 10 Place of performance, applicable law and place of jurisdiction
- Unless otherwise contractually agreed, the place of performance is the registered office of our company.
- The law of the Federal Republic of Germany applies exclusively to all business relationships with us. The applicability of the CISG (UN sales law) is excluded.
- If the customer is a merchant, the courts of the Federal Republic of Germany have international jurisdiction for all legal disputes.
In all cases, the place of jurisdiction is the registered office of our company. However, we are entitled to sue the customer at his general place of jurisdiction. These rules of jurisdiction also apply to actions in the bill of exchange or check process.