General terms and conditions
TERMS & General Terms and Conditions for Non-Consumers as defined by § 13 BGB (German Civil Code)
Your purchase contract is with
EXP GmbH, Schroten 8, 66121 Saarbrücken, Germany
comes into effect.
Managing Director: Dipl.-Ing. Yuan Wang
Phone: 0681/96590150 (local rate)
Commercial register: Local court Saarbrücken, HRB 18932
Sales tax identification number: DE 273604314
Article 1. Scope of Application
The following terms and conditions of EXP GmbH, hereinafter referred to as the "Provider", shall apply to all contracts, deliveries and other services provided to entrepreneurs, freelancers, legal entities under public law or special funds under public law as well as educational institutions of public and private sponsors and institutes. They shall also apply to all future transactions of a related nature, even if they are not expressly agreed again.
Any terms and conditions of the purchaser and customer that are contrary to or deviate from our terms and conditions of business shall only be recognized by us if we expressly agree to their validity in writing.
The offer of EXP GmbH through the operated online store or other communication media excludes the sale to consumers in the sense of § 13 BGB.
Article 2. Offer and Conclusion of Contract
Our offers are subject to change without notice, unless they are marked as a binding offer. The supplier adheres to the conditions of the offer 10 days valid from the date of issue.
A contract is concluded in principle only with the sending of a written order confirmation by the provider or by delivery. In case of an already existing business relationship, contracts can also be concluded by telephone, furthermore, the transmission of orders by fax or email in free form is possible.
Consumers in the sense of § 13 BGB are excluded from the offer of the provider.
Article 3. Delivery and services
Place of performance of the transaction is the registered office of the supplier, unless otherwise agreed and specified in the order confirmation.
Delivery to another location is at the expense and risk of the customer, this does not affect the place of performance of the delivery of goods. The risk shall pass to the customer as soon as the consignment has been properly handed over to the commissioned transport service provider.
Upon request, the goods to be delivered will be insured for transport.
Costs for packaging, shipping and delivery shall be borne by the customer. The supplier can lump-sum these costs and pass them on to the customer only on a pro-rata basis within the framework of a flat-rate shipping fee. Corresponding proportion will be stated in the order confirmation when the contract is concluded.
Article 4. Payment and prices
Upon receipt of the goods, payment is due immediately without deduction. Other payment terms and conditions or delivery on open account will be agreed separately.
Costs for reminders and enforcement are considered as damage caused by delay.
We point out to the customer that we consider the costs for reminders as damage caused by delay, these can also be lump-sum.
In the event of default, the provider is entitled to charge interest on arrears at a rate of 5% above the prime rate applicable at the time.
Furthermore, in the event of default of payment by the customer, the provider is entitled to withdraw from the contract after the fruitless expiry of a reasonable period and to claim damages.
Payment of the purchase price must be made exclusively to one of the accounts specified in the invoice. The deduction of a discount is only permissible with a special written agreement.
The prices quoted are exclusive of the respective statutory value added tax.
Article 5. Reservation of proprietary rights
All delivered goods are subject to a retention of title until full payment of related claims of the supplier.
The customer is entitled to resell goods that are subject to retention of title, unless there is a delay in payment. In this case, the claims from the proceeds of the sale are to be assigned to the provider.
The retention of title does not expire by combination with other goods or processing of the goods into other products. In this case, a co-ownership share in the newly produced goods arises in the fraction that our goods have in terms of value of the value of all goods processed in the product.
In case of breach of contract by the customer - in particular in case of default of payment - the supplier is entitled to take back the goods subject to retention of title or, if necessary, to demand assignment of the customer's claims for return against third parties. The taking back of the reserved goods by the supplier does not constitute a withdrawal from the contract.
If third parties access the reserved property, the customer will immediately point out the property of the provider and notify the provider of the access attempt.
Article 6. Liability for material defects
The claim of warranty rights of the customer requires that the inspection and complaint obligations owed under § 377 HGB have been properly fulfilled.
The warranty for the freedom from defects of the goods of the supplier begins at the time of the transfer of risk and expires after 12 months for new goods. B-goods, used goods or accordingly marked goods may be called different periods.
Should legally deviating periods be prescribed, these shall retain their validity, so in the case according to § 438 paragraph 1 No. 2 BGB, § 479 paragraph 1 BGB and § 634a paragraph 1 BGB.
If the delivered goods have a defect which was already present at the time of the transfer of risk, the supplier shall, at its own discretion, either repair or replace the goods if the notice of defect is given in due time. The opportunity for subsequent performance shall be granted within a reasonable period of time.
Should a subsequent performance fail, the customer may withdraw from the contract or demand a reduction of the purchase price.
Claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear as well as in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating resources or due to special external influences which are not assumed under the contract. If improper repair work or modifications are carried out by the customer or third parties, there shall also be no claims for defects for these and the resulting consequences.
The customer has to inform the supplier about the alleged defect of the goods before returning the goods and to consult the supplier.
Costs for unjustified claims and avoidable additional costs, e.g. due to goods returned freight collect, shall be borne by the causer.
Article 7. Liability
1. the supplier is liable for damages, regardless of the legal grounds, only in the event that he, a legal representative or a vicarious agent have caused this damage intentionally or through gross negligence.
2. the limitation of liability mentioned in clause 1 does not apply to damage to life, body or health in case of breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely (essential contractual obligations) in case of fraudulent concealment of a defect by us in case of liability according to the product liability law in case of the assumption of a quality and/or durability guarantee by the supplier.
In the event of negligent breach of a material contractual obligation, liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
Article 8. Final provisions
For all legal relations between the parties, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
The supplier has the right to make changes to products at any time - however, this does not obligate the supplier to make changes to goods that have already been delivered.
With merchants, legal entities under public law or special funds under public law, the registered office of the provider is agreed as the exclusive place of jurisdiction.
Should one or more provisions of these General Terms and Conditions be invalid, the other provisions shall not lose their validity.
The invalid provision shall be replaced by a provision to be agreed upon by both parties. This is to be made by both parties under the objective that this is economically closest to the invalid provision.
In connection with the sale of batteries or the supply of devices containing batteries, we are obliged to inform you of the following:
You are legally obligated to return used batteries as an end user. You can return used batteries, which we carry or have carried as new batteries in our range, free of charge to our shipping warehouse (shipping address). The symbols shown on the batteries have the following meaning:
The symbol of the crossed-out garbage can means that the battery must not be placed in the household garbage.
Pb = Battery contains more than 0.004% lead by mass.
Cd = battery contains more than 0.002 mass percent of cadmium
Hg = battery contains more than 0.0005 mass percent mercury