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General Terms and Conditions of Business of Kronen Küchengeräte GmbH

 

I. General

1. The Terms and Conditions below apply to any and all of our rendered services, during both current and future business relationships, even if these Terms and Conditions are not expressly agreed in a specific later case. These Terms and Conditions of Business are not intended for application to relationships with consumers.

2. We reserve title of ownership and copyrights to drawings, documentation and similar information; these materials may not be released to third parties without our prior written consent. They shall be returned immediately upon the Seller’s request.

3. The Buyer’s signature shall create an irrevocable offer to buy with a term of 4 weeks; this offer shall be subject to the Seller’s acceptance. Acceptance shall be declared in the form of an order confirmation. The Seller expressly reserves the right to make technical improvements to the appliances.

4. In the case of release orders, whether with or without specification of time periods, the Buyer is obligated to notify the Seller in writing of the desired delivery date no later than 8 weeks in advance. Prices shall be determined by the price lists applicable at the time of the delivery.

5. Oral agreements, subsequent amendments to the contract, warranted properties of the goods and delivery dates or periods shall be binding only if and when they have been confirmed in writing. 

6. Kronen Küchengeräte GmbH, Gewerbestraße 3, 77731 Willstätt,  shall be solely and exclusively responsible for the order confirmation, the acceptance of complaints due to defects and the execution of the contract. 

7. Place of performance for any and all obligations arising from the contractual relationship and place of jurisdiction for any and all legal disputes arising from the business relationship shall be Willstätt. The above provision shall also apply if and when the Customer does not have a place of general jurisdiction in Germany.  

II.  Acceptance

The Buyer is obligated to accept the purchased merchandise. If the Buyer does not accept the merchandise owing to reasons for which he is accountable, he shall pay storage costs in the amount of 0.1% of the net order value per day, plus the applicable value-added tax, as of the date of delivery. The Buyer may not refuse to accept the consignment on the grounds of minor defects and deviations in quantity.

III.  Delivery

1. Delivery dates are shown solely as approximations. If the Seller does not comply with the delivery date designated as approximate, the Buyer shall declare in writing that the Seller is in default of delivery, whereby the delivery period to be set by the Buyer shall be no less than 6 weeks. Damage compensation claims for this period are excluded. 

2. The delivery period shall be extended by a reasonable time if and when the production or delivery of the merchandise is verifiably a consequence of force majeure, industrial action or other events over which we have no influence.

IV.  Shipping, Transfer of Risk and Installation

1. Unless otherwise agreed, merchandise will be shipped at the Buyer’s risk ex works or from a shipping point to be selected by the Seller for the account of and at the risk of the Buyer.

2. The Buyer shall bear the costs of any transport insurance; the Seller is entitled, but not obligated, to conclude such insurance. The Buyer shall bear any expenses for loading, customs duties and similar charges. 

3. If and when a formal acceptance must be conducted, the acceptance shall be authoritative for the transfer of risk. If and when the Buyer has assumed responsibility for the transport of the merchandise from the place of manufacture to the place of use, the Buyer shall bear the risk for the duration of the transport.  

4. Unless otherwise provided, placement, connection and installation of the merchandise shall be the Buyer’s responsibility; he shall, at his own expense and risk, contract the Seller’s authorised customer service or cooperate with the service to carry out this work, taking into account any applicable official requirements. 

V. Liability for Material Defects and Complaints

1. Claims based on material defects shall be subject to a limitation period of 2 years after surrender of the merchandise. The Seller does not assume any liability for material defects in pre-owned merchandise.

2. We will, at our discretion, make new delivery for or subsequently improve any and all rendered services which are verifiably determined to be defective as a consequence of circumstances existing before the transfer of risk.

3. We reserve title to any and all parts which have been replaced.

4. In particular, no warranty will be assumed for damage or loss resulting from the following causes, but for which we are not accountable:

Natural wear and tear, intervention or repair work improperly performed by the Buyer or third parties, unsuitable or incorrect use, incorrect operation, installation, commissioning, incorrect or negligent handling, improper maintenance, use of unsuitable operating materials and cleaning agents, chemical, electrochemical or electrical factors, any modifications of the merchandise performed without our consent.

5. The Buyer shall allow the Seller the necessary time and opportunity to perform any subsequent improvement or substitute delivery which we regard, in our reasonable judgment, to be necessary. 

6. In the event of legitimate complaints, the Seller shall bear the immediate costs of the subsequent improvement or substitute delivery. The total costs which we must bear shall be limited to the value of the order in the event that the places of delivery are outside the territory of Germany.

7. In cases in which the Buyer shares accountability for causing the defect, in particular in the event of breach of the obligation to prevent and reduce loss or damage, the Seller reserves the right to assert a corresponding damage compensation claim.

8. The Buyer shall, at his discretion, have the right to cancel the contract if and when – taking into account the statutory exceptions – a period which has been set for us for subsequent improvement or substitute delivery due to material defects has lapsed in vain. 

9. The Buyer’s rights arising from the liability for material defects may not be assigned without the Seller’s consent.

VI. Terms and Conditions of Warranty

1. The Seller hereby grants to the end customer a warranty for newly manufactured Kronen Küchengeräte GmbH appliances, provided that they remain in Germany. The warranty period shall be 12 months as of the delivery of the appliance to the end customer, but shall not exceed 18 months from the dispatch of the appliance from the works.

2. Kronen Küchengeräte GmbH will perform subsequent improvement or substitute delivery of the defective parts within the scope of the warranty, provided that the functional capability of the Kronen Küchengeräte GmbH appliance has been significantly impaired. Further claims within the scope of the warranty are excluded.

Following notification in due time of a warranty case, the Kronen Küchengeräte GmbH service department will decide how the defect is to be remedied and will discuss the subsequent actions with the customer, engaging an Kronen Küchengeräte GmbH authorised customer service centre if necessary. If and when the appliance must be shipped to a service centre for repair within the scope of the warranty, shipment shall be made at the customer’s expense and risk.

3. Warranty claims are excluded in the following cases:

- Normal wear and tear

- Incorrect installation of the appliance

- Wilful damage or incorrect operation

- Damage caused by calcium deposits

- Damage caused by inspection or repair by persons who are not authorised by Kronen Küchengeräte GmbH 

4. Kronen Küchengeräte GmbH restricts the terms and conditions of warranty for appliances which are intended for sale abroad. In such cases, Kronen Küchgengeräte GmbH grants a warranty covering the original Küchengeräte GmbH spare parts. This warranty covers the functional capability of the spare parts, provided that they are installed correctly. Kronen Küchengeräte GmbH shall provide a replacement part in the event of a functional defect. No installation or personnel expenses which may be incurred will be assumed.

The warranty in this case is limited to 12 months as of the transfer of risk.

5. The warranty services described above are subject to the condition that all required maintenance and care work is carried out by a customer service authorised by Kronen Küchengeräte GmbH and that any and all care and operational instructions from Kronen Küchengeräte GmbH have been followed. 

The warranty may not be transferred without the written consent of Kronen Küchengeräte GmbH.

6. Kronen Küchengeräte GmbH grants a function warranty of 6 months for each and every original Kronen Küchengeräte spare part, provided that it has been installed correctly. Kronen Küchengeräte GmbH shall provide an original part in the event of failure. No further claims, including claims for the cost of the replacement, can be acknowledged. Parts which are subject to above-average wear and tear by the operator are excluded from the above warranty cover.

VII.  Payment

1. Prices are shown ex dispatching works or other dispatching position, at the Seller’s discretion, plus the VAT which is effective at the time of the delivery.

2. Payment shall be effected to Kronen Küchengeräte GmbH, Willstätt,  pursuant to the terms of the payment agreement. The Seller shall determine the claims to which received payments will be attributed. The Buyer shall bear any and all expenses and/or fees arising from the payment. If payment is made by cheque or bill of exchange, the claims shall not be deemed paid until the redemption of the document. If a cheque or bill of exchange or direct debit is not redeemed, the balance of the claim shall be due and payable immediately, and the Seller shall be entitled immediately to cancel the contract or to request damage compensation. Any and all deliveries abroad will be carried out solely against a letter of credit.

3. We shall charge default interest pursuant to the legally applicable provisions (Sections 247, 288 BGB (German Civil Code)) in any and all cases of payment later than the agreed payment deadline.

4. The balance of a receivable shall become due and payable immediately, regardless of the agreed payment date, if and when: 

a) The Buyer is in default, in whole or in part, with two successive partial payments;

b) The Buyer suspends payment, composition or bankruptcy proceedings are petitioned or initiated against his assets, or he seeks a moratorium on payments from his creditors or seeks composition proceedings.

5. The Seller is entitled to bill partial deliveries separately if and when the partial deliveries are in themselves fully functional.

6. Buyer’s payments will first be attributed to any expenses, then to interest and finally to the due purchase price claims.

VIII.  Liability

1. We will be liable, even in cases of loss or damage resulting from breach of obligations during contractual negotiations, regardless of the legal reason (in particular for compensation of damage or loss which has not occurred to the merchandise itself), only in the event of wilful intent, of culpable breach of major contractual obligations, of gross negligence on the part of officers or directors or executive employees and of culpable injury to life, body and health.

2. Compensation for purely pecuniary losses shall be limited by the general principles of good faith, e.g., in cases of unreasonable discrepancy between the amount of the order and the amount of the loss or damage.

3. Any further liability for any legal reason whatsoever, in particular for compensation of loss or damage which does not occur to the merchandise itself, is excluded.

IX.  Return of Appliances

1. Returned appliances will be accepted in payment only in accordance with the Seller’s currently applicable terms and conditions. Commercial agents and other representatives as well as customer service employees are entitled to accept returns only if and when they can show a written authorisation issued by the Seller. The Buyer shall bear any costs of return, dismantling, transport, work expenditures, etc.  

2. The Buyer is obligated to dispose of the appliances at his own expense when utilisation of the appliances provided by Kronen Küchengeräte  GmbH is discontinued. He shall comply with legal requirements when disposing of the appliances.

The Buyer hereby releases Kronen Küchengeräte GmbH from any and all obligations pursuant to Section 10, Subsection 2 ElektroG (German Electrical and Electronic Equipment Act), in particular from the manufacturer’s obligation to accept return of the appliance and from any and from all third-party claims related thereto.

If and when supplied appliances are passed on to third parties, the Buyer is obligated to obligate contractually the third parties to dispose of the appliances in compliance with legal provisions upon discontinuation of the utilisation. If and when the appliances are passed on further, the third parties shall be obligated contractually to require a corresponding further obligation from the recipients of the appliances.

Any breach of the requirements of Clause 3 shall obligate the Buyer to accept return of the appliances pursuant to Clause 1 and to dispose of them in compliance with legal provisions. Kronen Küchengeräte GmbH shall be indemnified and held harmless from and against any third-party claims.

Any deviating agreements regarding the return and disposal of the electrical appliances by Kronen Küchengeräte GmbH shall not be binding unless in writing.

X. Retention of Title

1. The Seller retains title of ownership to any and all supplied merchandise and the revenues from further sales until any and all of the Seller’s claims against the Buyer have been paid in full. The Buyer hereby transfers his claims arising from the further sale of the merchandise to the Seller until any and all claims from the purchase contract have been fulfilled. 

2. If and when the validity of the retention of title in the destination country is linked to special conditions or special formal provisions, the Buyer shall be responsible for fulfilling said conditions or provisions.

3. The Buyer may neither pledge nor assign as security the merchandise. The Buyer shall notify us immediately in the event of attachments or confiscation or other disposals by third parties.

4. We are entitled to demand return of the merchandise after issue of a warning in the event of the Buyer’s breach of contract, in particular in the event of default of payment. The Buyer is obligated to surrender the merchandise. Neither our assertion of the retention of title nor our pledging of the merchandise shall be deemed cancellation of the contract.

5. The submission of a petition to initiate bankruptcy proceedings against the Buyer’s assets shall entitle us to cancel the contract and to demand immediate return of the merchandise.

6. If and when the contract is rescinded due to reasons for which the Buyer is accountable, the Seller is entitled to request compensation for loss of value resulting from the utilisation of the merchandise.

XI.  Lumpsum Damage Compensation Claims

If and when Kronen Küchengeräte GmbH is entitled to request damage compensation, Kronen Küchengeräte GmbH may assert damage or loss in the amount of 25% of the purchase price without providing evidence. Kronen Küchengeräte GmbH reserves the right to assert a claim for higher damage or loss which actually occurs.

XII.  Severance

If and when one of the above provisions should be invalid, the validity of the remaining provisions shall not be affected. 

XIII. Notification Pursuant to Section 33 BDSG (German Data Protection Act)

We electronically save your data which are related to the order. 

(02/2011)