21423 Winsen (Luhe)
Tel. +49 (0) 4171-84 80-0
Fax +49 (0) 4171-84 80-190
HRB (Commercial Registry entry) 110365
Place of jurisdiction
VAT n. DE 151090615
Responsible for the content of the site: Thomas Böhme
GENERAL TERMS AND CONDITIONS OF SALE
§ 1 General conditions, scope of application
1.1) Our general terms and conditions of sale apply exclusively. We do not recognise terms and conditions of sale of the customer which contradict or deviate from our own unless we have given our express consent to their validity in writing. These terms and conditions of sale also apply if we carry out a delivery to a customer without reservation in the knowledge that the customer’s terms and conditions of sale contradict or deviate from our own.
1.2) Our terms and conditions of sale apply only to entrepreneurs as defined in § 310 (1) of the German Civil Code (Bürgerliches Gesetzbuch - BGB)
1.3) Our terms and conditions of sale apply also to all future business with the customer.
§ 2 Offer, documents of the offer
2.1) Unless otherwise regulated in the order confirmation, our offer is subject to confirmation.
2.2) We reserve rights of ownership and copyrights for illustrations, drawings, calculations and other documents. This also applies particularly to written documents which are designated "confidential". Such documents may be passed on to third parties only with our express written consent.
§ 3 Price and terms and conditions of payment
3.1) In the absence of any other express agreement, our prices are ex works, including packaging.
3.2) In the case of express and urgent consignments arranged at the instruction of the customer, the difference in price to the normal freight consignment is chargeable to the customer.
3.3) We reserve the right to change our prices to reflect any reductions or increases in costs which occur after conclusion of the contract, for example as a result of wage settlements, material price changes or exchange rate fluctuations. Evidence will be provided of such changes at the request of the customer.
3.4) Statutory value-added tax is not included in our prices. This will be identified separately on the invoice at the statutory level in force on the day the invoice is issued.
3.5) The deduction of cash discounts requires special written agreement.
3.6) Provided that nothing divergent is stated on the order confirmation/invoice, the purchase price is due for payment net and in full within 30 days of the invoice date. The statutory regulations concerning the consequences of default apply.
3.7) The customer has a right of set-off only if his counter-claims have the force of res judicata or are uncontested or recognised by us.
§ 4 Delivery time
4.1) The delivery time stated by us does not start until all technical and logistical issues associated with the delivery have been resolved.
4.2) Compliance by us with our obligation to deliver moreover presupposes the punctual and proper fulfilment of its obligations by the customer. We reserve the right to lodge an objection on the basis of non-fulfilment of contract.
4.3) If the customer is in default of acceptance or culpably acts in breach of other duties of cooperation, we will be entitled to demand compensation for any damage we incur as a result, including any additional expense. We reserve the right to assert further claims.
4.4) If the circumstances set forth in section 3.) above should arise, the risk of accidental loss or deterioration of the purchased merchandise will pass over to the customer at the point at which it defaults on acceptance or payment.
4.5) We will be also liable in accordance with statutory regulations provided that any default in delivery for which we bear responsibilty is based on the culpable breach of an essential contractual duty. In such a case, however, our liability for damages is restricted to the foreseeable damage that might typically arise in such a situation.
4.6) Further statutory claims and rights of the customer are unaffected.
4.7) For the rest we are liable to pay flat-rate compensation for any default in delivery amounting to 3 % of the value of the delivery for every complete week of the delay; this will not, however, exceed 15 % of the value of the delivery.
4.8) Further statutory claims and rights of the customer are unaffected.
§ 5 Transfer of risk
5.1) In the absence of any other agreement in the order confirmation, it is agreed that deliveries will be made “ex works”.
5.2) We will, if so desired by the customer, take out transport insurance on the delivery. Any costs incurred by us in this respect are to be borne by the customer.
§ 6 Warranty
6.1) The assertion by the customer of rights under warranty presupposes that it has properly fulfilled the obligations to inspect deliveries and submit notification of defects incumbent upon it pursuant to § 377 of the German Commercial Code (Handelsgesetzbuch - HGB)
6.2) If the purchased item should prove defective we will be entitled at our discretion to offer supplementary performance in the form of either rectification of the defect or delivery of a new, defect-free item. In the case of rectification of the defect we will bear the costs only up to the amount of the purchase price.
6.3) If supplementary performance fails, the customer may at its discretion either rescind the contract or demand a reduction of the purchase price.
6.4) We are liable pursuant to statutory regulations provided that the compensation claims asserted by the customer are based on premeditation or gross negligence on our part or that of our representatives or vicarious agents. Provided that we do not stand accused of premeditated breach of contract, our liability for damages is restricted to the foreseeable damage that might typically arise in such a situation.
6.5) We will be liable pursuant to statutory regulations if we culpably breach an essential contractual obligation. In such a case, however, our liability for damages is restricted to the foreseeable damage that might typically arise in such a situation.
6.6) Our liability for damage resulting from death, injury or impaired health is unaffected. This also applies to mandatory liability pursuant to product liability law.
6.7) Unless otherwise regulated in the foregoing, liability is excluded.
6.8) The limitation period for claims for defects is 12 months, calculated from the date of transfer of risk.
§ 7 Joint liability
7.1) Any liability for damages which goes beyond that provided for in § 6 is excluded irrespective of the legal nature of the asserted claim. This applies in particular to claims for compensation arising out of culpability at the time of conclusion of the contract, from other breaches of obligation and from tortious claims for compensation for material damages pursuant to § 823 BGB.
7.2) The limitation pursuant to section 1.) applies also if the customer requires compensation for unnecessary expenditure in lieu of a claim for compensation for damage.
7.3) To the extent that our liability is excluded or restricted, these exclusions and restrictions also apply to the personal liability of our salaried employees, workers, representatives and vicarious agents.
§ 8 Retention of title
8.1) We retain the title to the purchased item until such time as all payments arising out of the business relationship with the customer have been received by us.
8.2) The customer shall treat the purchased item with all due care. The customer is in particular obliged at its own expense to take out adequate insurance cover for the purchased item in respect of damage from fire, water and theft.
8.3) The customer must inform us immediately in writing of distraints or other interventions of third parties so that we can file a suit in pursuance of § 771 of the German Code of Civil Procedure (Zivilprozessordnung - ZPO). If the third party is not capable of reimbursing us for the judicial and extrajudicial costs of a suit pursuant to § 771 ZPO, the customer will be liable for any loss incurred by us.
8.4) The customer may sell on the purchased item in the proper course of business. The customer, however, assigns to us here and now all receivables up to the total invoice amount, including value-added tax, of our receivable which accrue to the customer from resale to its customers or to third parties, irrespective of whether the purchased item was sold on unprocessed or after having been processed. The customer remains authorised to collect any receivables due even after said assignment. Our authority to collect receivables on our own behalf is unaffected. We will, however, refrain from doing so as long as the customer meets its payment obligations out of the revenues earned, is not in default of payment and, in particular, no petition has been filed for the institution of bankruptcy proceedings and payments have not been suspended. If this should, however, arise, we can require the customer to notify us of the assigned receivables and the associated debtors, to give us all the information required to collect the debts, to issue to us all associated documents, and to inform the debtors (third parties) of the assignment.
§ 9 Place of jurisdiction, place of fulfillment
If the customer is a merchant, the place of jurisdiction is our registered office. We are, however, entitled to sue the customer before the court with jurisdiction over its place of residence. The laws of the Federal Republic of Germany apply. The UN Convention on Contracts for the International Sale of Goods is excluded. Unless otherwise stated in the order confirmation, the place of fulfilment is our registered office.
The Hamburg District Court ruled in a judgement that, unless liability is expressly disclaimed, the creator of a website is also liable for the contents of any site to which links from its own site refer. We hereby accordingly disclaim any such liability. We accept no responsibility for the contents and design of Internet sites to which links from our site refer.
As a content provider, AMPRI GmbH is responsible pursuant to general law for all contents of its own which it has made available for use. A distinction must be made between its own contents and links to contents made available by other providers. These third-party contents do not originate from AMPRI GmbH, nor does AMPRI GmbH have any means of influencing the contents of third-party sites. The contents of third-party pages to which AMPRI GmbH refers by means of links do not reflect the opinion of AMPRI GmbH but merely serve to provide information and present connections.
AMPRI GmbH is not liable for third-party contents to which it merely refers in the manner defined in the foregoing. The sole responsibility lies with the provider of the contents.