Power Innovation. Terms & Conditions
Business Terms & Conditions
The general terms and conditions set forth below are fully and exclusively applicable and binding in any and all legal relationships entered into by Power Innovation Stromversorgungstechnik GmbH to the exclusion of any terms and conditions proffered by any other party. Any insistence by such party that its terms and conditions are applicable and/or take precedence over the terms and conditions of Power Innovation shall be legally invalid and null and void.
All offers are non-binding. Orders shall be legally binding only upon written confirmation by us, however such written confirmation may be substituted by any act of delivery of product(s) or service(s) and concomitant issue of invoice(s).
All prices quoted by us are net prices exclusive of value-added-tax, which is to be added to the net prices. All prices, unless agreed to otherwise, shall be ex - works and will not include packing.
Any quoted delivery times and/or dates are approximate and non-binding. In cases of strikes, lock-outs or other incidences of force-majeure, business interruptions or delays beyond our control, delivery times and/or dates may be prolonged or delayed accordingly. Any recission shall be permissible only after a reasonable period of time for curing the condition (Nachfrist) has expired. Any claim(s) for direct or consequential damages or compensation arising from late deliveries are precluded. Any delay in delivery of software does not entitle the customer to reject acceptance of hardware and/or apparatus. No right of delay or retention of payment(s) due and owing is granted. If delivery, by reason of one or more of the conditions detailed hereinabove, is not possible or not possible in a timely manner, we shall be entitled to withdraw from the contract without incurring any further liability or obligation.
Invoices, if not agreed to otherwise, are due and payable in full within seven (7) days from the date of invoice. A late-charge in the amount of one percent (1%) of the invoice amount due will be charged to customer for each month, or fraction thereof, during which payment has not been received by us. Checks shall constitute payment only after they have been paid to our account by issuer's bank. Drafts are not acceptable as payment.
If acceptance by customer of on-time delivered goods is delayed for reasons attributable to customer, we shall have the right to establish a reasonable period of time for customer to cure the delay (Nachfrist). Thereafter, we shall be entitled to bill and collect from customer any costs incurred by us by reason of the delayed or untimely acceptance.
All shipments and shipping costs of any devices by us are chargeable to recipient. Upon delivery and transfer of posession of any devices, recipient shall be obligated to perform an inspection of the device(s).
The warranty period on any device sold and delivered by us shall be, unless otherwise agreed to, twentyfour (24) calender months from the date of delivery or installation of such device. Our liability shall be limited to repair or replacement of any device(s) covered by warranty. We hereby expressly disclaim any other or additional warranties. All other claims by customer of warranty rights are precluded. Product quantity-shortage claims must be presented forthwith in written form. Any liability claim is automatically invalidated and extinguished if customer has not complied with its payment obligation(s), has made, or has caused to be made, inappropriate alterations to any device(s), has used impermissible accessories and/or when defects or insufficiencies are attributable to force-majeure, improper operation or other wrongful conduct on the part of the customer, its agents or employees.
All goods and devices sold and delivered by us remain the sole and exclusive property of Power Innovation GmbH until such time as the customer has complied with all payment obligations. In cases in which Power Innovation GmbH reserves its rights of ownership to any goods or devices, customer may use such goods or devices only in the usual course of business. As long as such reservation of rights of ownership continues, the goods or devices may not be pawned, pledged as collateral, rented, sold or furnished to anyone for other purposes. Goods and devices covered by a reservation of rights of ownership are to be adequately insured and stored by customer. In case of any imminent judicial sale or seizure, customer shall be obligated to advise the authorities involved of the existing reservation of rights of ownership and to immediately notify Power Innovation GmbH.
If customer, in spite of demands by us for payment of amounts due and owing, does not meet its payment obligations, all accounts then outstanding shall immediately become due and payable. In such event, the return and/or surrender of all goods and devices, with respect to which a reservation of ownership rights exists, may be demanded by us without that constituting a recission of the contract.
Technical modifications or improvements to any goods or devices sold can, upon request by customer, be performed by us and the costs charged to customer, even after execution of the contract. We reserve the right to make technical changes based upon technological advances or improvements in production technology, without prior notice, provided customer does not suffer unacceptable function changes thereby.
Parol evidence, hearsay and/or oral commitments shall be inadmissible and invalid. Any changes and/or alterations of this document shall be made in writing. Any provisions of these General Terms and Conditions which are or may be invalid or illegal shall not in any way affect the remaining provisions hereof and shall not render such remaining provisions invalid or illegal.
Jurisdiction over any matters relating directly or indirectly to the contractual relationship of the parties shall rest with the courts of the City of Verden/Aller, Germany.
POWER INNOVATION GmbH commit to take back free of charge those devices produced by POWER INNOVATION GmbH which carry the symbol * on their type label. We presuppose prior consultation and delivery of the original device at our customers own expense.
POWER INNOVATION GmbH charge a device-specific lump-sum for repairs beyond warranty. We preclude any device older than 15 years, devices with defects which represent total loss or devices with defects caused by inappropriate operation by the customer. POWER INNOVATION GmbH reserve the right to charge higher repair costs after consulting the customer.
The General Conditions of Shipment for Products and Services of the Electrical Industry (Source: ZVEI) shall apply to all transactions unless conditions have already been determined these Power Innovation GmbH General Terms and Conditions, Sections 1 through 15 above.
Achim, the 8th of march 2007