General Terms and Conditions
The following conditions are part of all contracts for deliveries from
Rangee GmbH, Gut Dämme Str. 11, 52070 Aachen, hereinafter referred to as Rangee.
§1 Offer
The offers are subject to change. Rangee reserves the right to correct any calculation or printing errors. The offers and order confirmations are always subject to the timely and proper self-delivery by the suppliers of Rangee. In case of unavailability, the customer will be informed immediately. Any consideration already provided will then be refunded immediately.
§2 Conclusion of contract
The purchase contract is concluded when Rangee accepts your order by delivering the goods or by sending an order confirmation in text form.
§3 Shipment and transfer of risk
If no written agreements have been made, shipment shall be made by a forwarding agent of our choice. Unless otherwise stated in the order confirmation, delivery ex warehouse Aachen is agreed.
The risk shall pass to the Customer upon handover to the carrier, its agents or other persons. This also applies if Rangee bears the transportation costs. Complaints due to transport damage must be made by the buyer directly to the transport company within the special deadlines provided. The conclusion of transport or other insurance is left to the buyer. This also applies to returns, see section 4.
§4 Delivery and return deliveries
The delivery date is agreed according to the expected performance of Rangee and is non-binding and subject to timely self-delivery (in case of non-availability, the principles set out in §1 apply) and unforeseen circumstances and obstacles, regardless of whether they occur at Rangee or at the manufacturer, in particular force majeure, government measures, non-issuance of official permits, labor disputes of any kind, sabotage, shortage of raw materials, late deliveries of materials through no fault of Rangee, etc.. Such events shall extend the delivery date accordingly, even if they occur during a delay that has already occurred. Should Rangee be in default with a delivery by more than four weeks, the customer has the right to withdraw from the contract by registered letter, granting a reasonable grace period. Rangee expressly reserves the right to reasonable partial deliveries and their invoicing.
Returns will only be accepted subject to our inspection. Returns must be made to Rangee GmbH, Gut-Dämme-Str. 11, 52070 Aachen, Germany, carriage paid. Returns can only be processed by us, unless otherwise agreed, if the return shipment is accompanied by a return slip on which the RMA and the customer number are indicated and the rejected goods are returned in the original packaging. The customer will receive this return slip and the RMA number on request. The provision of the RMA number does not in any way imply acknowledgement of the defect or the customer’s other complaint. In all cases, the return shipment, including accidental loss, shall be at the risk of the customer. In the case of returns for which the customer is responsible, in particular – but not exclusively – in the case of refusal of acceptance, we will charge a restocking fee.
We will charge the customer a handling fee of at least € 50 for returns after the warranty has expired. This also applies if the item was not purchased from us.
§5 Warranty
1. We warrant that the products are free from manufacturing and material defects. The warranty period, unless otherwise agreed in writing, is 24 months according to the following provisions.
2. The warranty period begins on the delivery date. If our operating or maintenance instructions are not followed, modifications are made, parts are replaced, or consumables are used that do not conform to the original specifications, all warranty claims are void to the extent that the defect is attributable to these actions. This also applies to defects arising from improper use, storage, handling of the devices, third-party intervention, or opening of the devices. Minor deviations in color, dimensions, and/or other quality and performance characteristics of the goods do not give rise to warranty claims.
3. The buyer must notify us of any defect immediately, but no later than one week after receiving the delivery item, in writing. Defects that cannot be detected even with careful inspection within this period must be reported to us in writing immediately upon discovery.
4. After the first year, claims are generally limited to rectification, as costs arising in the industry are regularly disproportionately high (§ 439 II BGB). If Rangee replaces the product with a higher-value item as part of rectification, this is considered accepted in advance.
5. The replacement of parts, assemblies, or entire devices within the warranty period does not initiate a new warranty period. The warranty is exclusively limited to the repair or replacement of the damaged items. The buyer is responsible for ensuring that any data essential to them on the devices being repaired is backed up, as it may be lost during repairs.
6. If three attempts at rectification fail within a reasonable period, the buyer may choose to demand a reduction in payment or rescission of the contract.
7. Liability for normal wear and tear is excluded. Warranty claims do not apply to wear parts such as print heads and other consumables.
8. Warranty claims against us are granted only to the direct buyer and are non-transferable.
9. The above paragraphs exclusively contain the warranty for products and exclude any other warranty claims of any kind, particularly for any consequential damages, unless there is intent or gross negligence on our part.
10. If, during a repair requested by the buyer, the indicated defect proves non-existent or is due to gross negligence or intent on the part of the buyer, we reserve the right to charge an appropriate fee for inspecting the device. In this case, the customer has the right to prove that our costs were lower than those invoiced.
§6 Compensation for damages
Claims for damages arising from impossibility of performance, from positive breach of contract, from culpa in contrahendo and from tort are excluded both against us and against our vicarious agents, except in cases of willful misconduct or gross negligence.
§7 Prices
The prices are ex warehouse Aachen plus packaging and shipping costs, without installation, without training and without other ancillary services, unless otherwise agreed in writing. For pre-orders of items that are not in stock, we do not give a price guarantee, unless this has been agreed in writing. Rangee reserves the right to increase the price appropriately if cost increases occur after conclusion of the contract – in particular due to price increases on the part of suppliers and exchange rate fluctuations. At the request of the customer Rangee proves the changes. Price errors and misprints are expressly reserved. For an order value of less than 200 euros (net), we charge a processing fee of 15.00 euros per small order.
§8 Payment
1. Unless otherwise specified in the offer, invoices are payable without deduction upon delivery or collection.
2. A payment is considered timely only if the payment instrument (e.g., checks) is received by us for redemption within seven days from the invoice date. Checks or bills of exchange are accepted with the reservation of final credit. When a payment term is granted, payment is considered timely only if the payment instrument (e.g., check or bill of exchange) is received by Rangee for redemption on the due date or if the agreed invoice amount is credited to our account by bank transfer. The debtor is responsible for proving timely receipt. The purchase price is calculated on the strict observance of the agreed payment terms.
3. If the payment deadline is exceeded, the buyer is in default without the need for a reminder. From the due date, we are entitled to charge interest at a rate of 5% above the current base interest rate of the European Central Bank, in accordance with the Discount Rate Transition Act.
4. All our claims become immediately due, even if payment terms have been agreed, if the buyer defaults on any obligation, a check is protested, or payments are suspended. In such cases, we are entitled to reclaim reserved goods and withdraw from the contract.
5. The buyer is not entitled to offset or assert rights of retention against Rangee, unless the buyer’s claims against Rangee are undisputed or have been legally established.
6. Deviating agreements are only valid if they are specially noted for each individual delivery on the order confirmation and invoice.
§9 Assignment
Rangee is entitled to assign its claims.
§10 Retention of Title
1. Rangee retains ownership of the delivered goods until all outstanding claims against the buyer have been fully settled, including claims from prior deliveries or services.
2. If the goods subject to retention of title are seized or otherwise disposed of by third parties, the buyer must promptly inform Rangee in detail and notify the third party of Rangee’s rights. If the buyer falls into arrears with payments to us, we are entitled to reclaim the goods subject to retention and may enter the buyer’s business premises for this purpose. The buyer is entitled to combine the goods subject to retention of title with goods from third parties in the course of regular business operations; in such cases, we acquire joint ownership of the newly created items in proportion to the value of the items combined or newly created, in accordance with §947 BGB (German Civil Code). If the buyer sells the combined or newly created items in which we have joint ownership rights, the buyer hereby assigns to us as security its purchase price claims against its customers, proportional to the value of our joint ownership, and authorizes us to collect the claim in our own name. If the value of the security exceeds the outstanding claims by more than 20%, we will release the excess amount of the security upon the buyer’s request. The buyer is entitled to resell the goods in the ordinary course of business. The buyer hereby assigns all claims against the purchaser arising from the resale to us as security. The buyer is authorized and obligated to collect the claims as long as we do not revoke this authorization. The buyer’s authorization to collect the claims automatically expires without express notice from us if the buyer suspends payments. We will not exercise our authorization to collect as long as the buyer meets its payment obligations.
§11 Right of withdrawal for distance contracts
1. the consumer within the meaning of the FernAbsG has a right of withdrawal for distance contracts. In accordance with the Distance Selling Act, he has the option of withdrawing from the contract within two weeks of receipt of the goods without giving reasons. The revocation can be made in writing or by returning the goods; the timely dispatch to Rangee GmbH, Gut-Dämme-Str. 11, 52070 Aachen is sufficient to meet the deadline.
2. when exercising the right of withdrawal, the consumer bears the return costs up to an order value of 40, – Euro. The return shipment should be made in the original packaging. Reductions in value due to normal use or missing parts are to be reimbursed by the consumer, unless the reduction is only due to the inspection of the goods. Reductions in value can be avoided if the goods are handled with care and the installation of components is carried out exclusively by qualified and authorized technical personnel.
There is no right of withdrawal for CDs, DVDs, CD-ROMs, software, software licenses and videos which have been unsealed by the consumer, or for goods purchased via Internet auctions. A right of withdrawal is also excluded for goods that have been manufactured or adapted according to customer specifications, e.g. complete systems.
§12 Goodwill Returns / Refusal of Acceptance
1. After the two-week cancellation period has expired, or for buyers who are not consumers as defined by the German Distance Selling Act (FernAbsG), goods will only be accepted for return in cases of demonstrable incorrect delivery. For requests for exchanges, returns, or credit notes not caused by Rangee, processing will only take place following written confirmation from the seller. A fundamental requirement for this is the condition of the goods and their resaleable state. The expected refund amount is based on the resale price achievable at the time of receipt, minus a cancellation/processing fee of 10% of the invoice amount.
2. If a buyer who is not a consumer as defined by the FernAbsG refuses to accept the goods sold, Rangee is entitled either to insist on acceptance or to demand 10% of the purchase price as lump-sum damages and compensation for expenses, unless the buyer can prove that no or significantly lower damage has occurred. In the event of exceptionally high damages, Rangee reserves the right to claim these in full. During the period of the buyer’s refusal of acceptance, Rangee is entitled to store the goods at the buyer’s risk, either at its own facilities, with a shipping company, or a storage provider. For the duration of the acceptance delay, the buyer must pay Rangee a flat rate of 15 euros per month for storage costs, without further proof. This flat compensation is reduced to the extent that the buyer can prove that no expenses or damages have been incurred. In the case of exceptionally high storage costs, we reserve the right to claim these in full.
§13 Withdrawal in case of deterioration of assets
Rangee may withdraw from the contract if a suspension of payments, the opening of bankruptcy or judicial composition proceedings, the rejection of bankruptcy for lack of assets, bill or check protests or other concrete evidence of deterioration in the financial circumstances of the buyer become known.
§14 Contractual conditions
All ancillary agreements and amendments to the contract shall only be valid if made in writing. Should one of the preceding agreements be invalid, this shall not affect the validity of the contract. The invalid provision shall be replaced by a legally admissible provision or handling which corresponds or comes closest to the intended economic purpose. The latest version of the Terms and Conditions of Sale shall apply. Conditions other than these, in particular the customer’s conditions of purchase, shall not apply even if they are not expressly rejected in another form. By accepting the goods, the customer waives the application of his terms and conditions of business even if these claim to be exclusive.
§15 Data protection
In accordance with §26 (1) of the Data Protection Act, we would like to point out that all customer and supplier-related data is stored and processed by us with the aid of electronic data processing.
§16 Advertising
The contracting parties accept the unsolicited sending of product information and advertising material in any form (e.g. post, e-mail and fax).
§17 Place of fulfillment and jurisdiction
The place of performance for delivery and payment as well as the place of jurisdiction is Aachen. The law of the Federal Republic of Germany shall apply exclusively to all legal relationships establishing the contractual relationship, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Aachen, 02.01.2004