Terms and conditions

General terms and condi­tions of business

I. Note acc. § 36 VSBG

The company AS-Distri­bution GmbH is neither willing nor legally obliged to partici­pate in a dispute settle­ment proce­dure before a consu­mer arbitration board.

II. Here you can find the link to the OS platform (European Dispute Resolution Platform):

http://ec.europa.eu/consumers/odr/

III. General terms and conditions of business of the company AS-Distribution GmbH, Hillen­brand­straße 10, 73079 Süßen, Germany, Commer­cial Register: Amts­gericht Ulm, Register Number: HRB 724377

§ 1 Area of Application
The following terms and condi­tions of business are appli­cable for all orders given in verbal or written form, whether submit­ted via e-Mail, mail or by telephone. The customer is under obligation to accept these terms and conditions of business for all orders. Correspon­ding to these terms and condi­tions of business, merchants are referen­ced as customers.

Merchants AS-Distri­bution GmbH stands in business relations with, are natural or legal persons, or legally responsible partnerships, who carry out a commercial, a self-employed or a freelance trade. Merchants are kindly requested to place their orders principally via tele­phone or e-Mail.
Any different, composed or supple­mental terms of business will not become integral part of the contract, unless their scope is explicitly being agreed on by written contract.
The contract partner’s terms of business are not appli­cable and will not put AS-Distri­bution GmbH under obligation, if not explicitly having agreed to these terms of business in written form.

§ 2 Comple­tion of contracts
Comple­tion of con­tracts between merchants and AS-Distribution GmbH:
Your written or oral order will be acknow­ledged by a written accep­tance of order which will include a listing of the ordered products, the charges and the delivery condi­tions. We will send you the accep­tance of order by mail or e-Mail.
If you order at AS-Distri­bution GmbH for the first time, your valid business regis­tration has to be available with us in written form. Delivery times may vary and can only be confir­med individually.
Articles of your order may be in stock or may have to be manufac­tured after the accep­tance of order. The date of delivery will also depend on the type of shipping.

§ 3 Prices
Prices for merchants ordering at AS-Distribution GmbH:
The prices listed in our actual pricelist, valid at the time of your order, are decisive.
The given prices for merchants and distributors are net prices; the value added tax is not included.
Legal taxes and ship­ping costs, depen­ding on type of shipping, size and weight of your order, will be added to the given net price, unless the trade conditions are ex works.

§ 4 Terms of Payment
Terms of payment for merchants ordering at AS-Distribution GmbH:
All delivered goods will remain our property until complete payment of the purchase price.
When ordering the first time, we will principally only deliver against prepayment, pay on delivery or per direct debit.
Payment for deliveries to registered merchants within the GERMANY shall be made against prepayment.
Payment on invoice will only be accep­ted after written agreement.
For orderings from other states of the EU, except GERMANY, and other countries, payment has always to be made against prepay­ment, if no other agree­ments were made. When using Swift / IBAN, the costs for bank transfer will be the same like for inland transfers.

§ 5 Delay of payment
If you are in delay of payment after admo­nition and setting a deadline, we will invoice default charges in the amount of 9 percen­tage points above the base rate p.a. given by the German Central Bank at the time of your order.
If still higher damage caused by delay is verifiable, AS-Distri­bution GmbH is entitled to force this claim.

§ 6 Set-off for merchants
Possibility and right to set-off is only given if the counter­claim was declared legally binding, or if it is declared a legiti­mate claim on the part of AS-Distribution GmbH.

§ 7 Delivery and shipping
Delivery and shipping for merchants:
(1) Delivery will be shipped to the given delivery address.
(2) The ordered products will be shipped after receipt of money to the given account. Within Germany, payment can be made either on advance payment, by bank transfer or by debit advice procedure. For other countries, deliveries will be carried out only after receipt of money on advance payment, that is by bank transfer to the given account of AS-Distribution GmbH. When using Swift / IBAN, the costs for the bank transfer will be the same like for inland transfers.
(3) Unless otherwise agreed, we will charge the costs of transpor­tation and freight. Any arising surcharges for customs duty or special areas outside GERMANY will be charged. If ex works incoterms apply, merchant is selfres­ponsible for all charges ex factory door (incl. export declaration)
(4) Shippings heavier than 31 kg and bulky goods (packets with bigger volume than 1qm) will usually be deli­vered by a forwarding agency, not via DPD, FedEx or UPS.
Please be informed that these packages will not be carried into your house by the deliverer.
(5) All ship­ments are basically covered by an insurance up to € 500.
After written agree­ment we will also apply for an insurance up to your requested amount; the additional costs will be charged. Damages caused by shipping have to be announ­ced imme­diately after receiving the package, at the latest 24 hours after receiving, at the respon­sible shipping company. AS-Distribution GmbH is not liable for any damages caused by transpor­tation or loss of shipment.
(6) For your own benefit the shipping will principally always be carried out in the original packing.
(7) Is shipment, or any other service, enduringly not possible due to act of God (natural disasters, war, civil war or terror attacks), AS-Distribution GmbH is exempted from the duty to perform. Any payments made in advance will be reimbursed.
(8) AS-Distribution GmbH may refuse perfor­mance if this would mean effort which is inade­quate to the customer’s interest in fulfill­ment of the contract, with respect to the content of the sales contract and acting in good faith. Any pay­ments made in advance will be reimbursed.

§ 8 Reservation of proprietary rights for ultimate consumers and merchants
All delivered goods will remain the property of AS-Distribution GmbH until complete pay­ment of the purchase price. This reser­vation of rights also covers all processed material and separates. In case of resale it will also cover the price of resale (extended reservation of rights).
As long as this reser­vation of proprie­tary rights is enduring, the merchant may not resale any good or dispose of the goods. Above all, the custo­mer may not enter into any contrac­tual agree­ment with other persons about usage of the goods.

§ 9 Warranty and liability
Warranty and liability at AS-Distribution GmbH (merchants)
(1) There is no suffrage on rework or replace­ment for merchants. Rework shall be deemed to be failed on second running, if no other conclu­sions can be made given by the kind of good, by the defect or any other circums­tances. The customer is entitled to demand price deduction, or to cancel a purchase, if supple­mentary performance has been failing or has been refused by AS-Distribution GmbH, or if AS-Distribution GmbH has not been acting within an appro­priate period fixed by the merchant.
Claims for damages remain unaffected. Handling errors, damages arising by improper usage, connection or place­ment, storage, as well as by inter­vention of others, are exclu­ded from warranty. Please be infor­med that there is no case of warranty on hand if the product fulfilled the defined quality at the time of the transfer of risks. Above all, no case of warranty is on hand in follo­wing situations:
a. for any damage which arises by misusage, or improper or incorrect usage by the customer
b. if damage occur­red by harmful extra­neous influen­ces at the customer’s, that is especially extreme tempe­ratures, unusual physical or electrical strain, humidity, variation in voltage, by lightning, hyper­static electricity, or fire
c. if there is any damage or error caused by improper or care­less repair done by a service which has not been authorized by AS-Distribution GmbH. AS-Distribution GmbH also does not guaran­tee an error that is caused by improper repair by an authorized service repre­sen­tative from the manu­facturer.
Claims for damages remain unaffected. Opera­tional errors, damage from improper use, instal­lation and connection or storage or third-party intervention is not the res­ponsi­bility of the warranty.
(2) Warranty periods are set depen­ding on the particular product and may vary. The minimum warranty period amounts 24 month. Please principally address any service requests for products carrying in-house warranty during warranty-period directly to AS-Distribution GmbH. Only AS-Distri­bution GmbH is on duty to satisfy your claim on warranty. If need be, please ask for the corres­ponding warranty periods.
Our warranty includes all costs, that is material and working hours, necessary for mainte­nance of the product, except the shipping costs.
For availment of our warranty service we will charge the shipping costs for sending the product to our house, but we will take over the costs for the return transport.
Claim on warranty by merchants presume that § 377 HGB (German Code Of Commercial Law) has been fulfilled correctly, that is the duty on investi­gation and animad­version.
Any obvious defects have to be notified in written form within two weeks after delivery. Defective goods have to be held ready for inspec­tion by a AS-Distribution GmbH associate. When committing trans­gres­sion of pre­ceding obli­gations any assertion on claim for warranty is excluded. Any claim on warranty for second-hand articles is excluded.

§ 10 Limitation of liability for merchants
AS-Distri­bution GmbH excludes liability for damage caused by negligence, from where these are not contrac­tual obli­gations, damages resulting from injury to life, body or health or guarantees, or claims under the Product Liability Act. The same applies to breaches of the agents of AS-Distribution GmbH.
If any obligations deriving from the sales contract are violated, liability in case of slight negli­gence is limited to damages which are typically associated with the con­tract and can be foreseen.
Claims for damages due to delay, or eviden­ced charges for replace­ment of expen­ditures according to § 284 BGB (German Civil Law), are limited to 10 % of the purchase price, as far as AS-Distribution GmbH, has not been acting carelessly.

§ 11 Privacy of data and credit assess­ment for merchants
AS-Distribution GmbH reserve the right to verify the identity, solvency, or the customer’s autho­risation to pay by the speci­fied credit card, in a given case. In this context we might request you to hand in a copy of your valid identi­fication card and / or a copy of the speci­fied credit card. The data necessary for business purpo­ses will be saved and might be passed on to asso­ciated companies in context of proces­sing your order. If required, your data given to conclude the contract, that is name, surname, date of birth, address, will be used to induce a check of solvency at Credit­reform Nürnberg Postfach 4246 90022 Nürnberg. This indication is provided accor­ding to § 33 para.1 Bundes­datenschutz­gesetz (German Federal Data Protection Act). All personal data will be treated confi­dentially.
Listed address-data might be used for promotion purposes.
The customer may enter objection to usage of its data for promo­tion purposes, in that case please send in your formless objection by mail or e-Mail to the following address:
subject: data privacy AS-Distribution GmbH, Hillen­brand­straße 10, 73079 Süßen or by e-Mail: info@as-distribution.de
By sending in your order you agree with the storage of your data. You may view your data, prompt for modifi­cation or deletion of this infor­mation anytime.

§ 12 Place of juris­diction, place of fulfil­ment, appur­tenance for merchants
These terms and conditions of busi­ness are solely underlying the law of the GERMANY, with explicit exclusion of the CISG (UN Convention on Contracts for the Interna­tional Sale of Goods). AS-Distribution GmbH is also entitled to sue a customer at the court of its place of abode.
For merchants the place of fulfilment is Süßen.
For merchants from all other countries of the EU the place of jurisdiction and place of fulfil­ment is solely Süßen.

§ 13 Severa­bility clause for merchants
Should these terms and conditions of busi­ness partially or completely not have become integral part of contract, or are non-effective, the contract will be effective for the rest. If clauses have not become integral part of the contract, or are non-effective, the content of the contract is under­lying the legal order. The contract will become ineffec­tive only in the case that adherence to it, in consi­deration of modifi­cations been taken regarding the legal law, would mean an undue hard­ship for one party to the contract.

Date of the General Terms and Conditions of Business: 01.07.2019
AS-Distribution GmbH, Hillen­brand­straße 10, 73079 Süßen, Germany

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