General Terms and Conditions
The following terms and conditions are part of all contracts for deliveries of Rangee GmbH, Gut DĂ¤mme Str. 11, 52070 Aachen, hereinafter referred to as Rangee.
The offers are non-binding. 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-supply by Rangee’s suppliers. In case of unavailability, the purchaser will be informed immediately. Already provided consideration will then be refunded immediately.
Â§2 Conclusion of contract
The purchase contract is concluded when Rangee accepts your order by delivery of the goods or by sending an order confirmation in writing.
Â§3 Shipping and transfer of risk
If no written agreements have been made, the shipment will be made by a Forwarder of our choice. Unless otherwise stated in the order confirmation, delivery from the Aachen warehouse is agreed. The risk passes to the customer upon handover to the carrier, his agent or other persons. This also applies if Rangee bears the transport costs. Complaints due to transport damage must be asserted by the buyer directly to the transport company within the stipulated special time limits. The conclusion of transport or other insurance is left to the buyer. This also applies to returns, see section 4.
Â§4 Delivery and return deliveries
The delivery date shall be agreed according to the anticipated performance of Rangee and shall be binding and subject to timely self-delivery (in case of non-availability apply the principles set out in Â§1) and unforeseen circumstances and obstacles, regardless whether they occur with Rangee or the manufacturer, in particular force majeure, state measures, non-granting of official permits, labor disputes of any kind, sabotage, lack of raw materials, late delivery of faulty goods, etc. Such events extend the delivery date accordingly, even if they occur during a already occurred default occur. Should Rangee fall into arrears with a delivery for more than four weeks, the purchaser has the right to withdraw from the contract by registered letter giving a reasonable period of grace. Rangee reserves the right to reasonable partial deliveries and their invoicing. Returns are only accepted subject to our review. Returns have to Rangee GmbH, Gut-DĂ¤mme-Str. 11, 52070 Aachen to be done free house. Unless otherwise agreed, returns can only be processed by us if the return is accompanied by a return shipping note stating the RMA and customer number and the rejected goods are returned in their original packaging. The customer receives this return slip and the RMA number on request. The publication of the RMA number does not in any case mean recognition of the defect or other complaint of the customer. In any case, the return, including accidental destruction, at the risk of the purchaser. For returns that the customer is responsible for, in particular – but not exclusively – in case of refusal of acceptance, we will charge a restocking fee. For returns after the expiration of the warranty we charge the customer a processing fee of at least â‚¬ 50, -. This also applies if the article was not obtained from us.
- We guarantee that the products are free of manufacturing and material defects. The warranty in accordance with the following provisions is, unless otherwise agreed in writing, 24 months.
- The warranty period begins with the delivery date. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used which do not conform to the original specifications, then no warranty is given, as far as the defect is attributable to this. This also applies to the extent that the defect is due to improper use, storage and handling of the equipment or foreign intervention as well as the opening of equipment. Insignificant deviations from the color, dimensions and / or other quality and performance characteristics of the goods do not give rise to any warranty claims.
- The buyer must notify us in writing of the defect immediately, but at the latest within one week of receipt of the delivery item. Defects which can not be discovered even with careful examination within this period are to be communicated to us in writing immediately after discovery.
- After the end of the first year, the claim is usually limited to rectification, since industry-specific costs incurred are regularly disproportionately high (Â§ 439 II BGB). Should Rangee undertake to swap to a higher quality product as part of the repair, it is already considered accepted.
- Replacing parts, assemblies, or entire devices as part of the warranty does not give rise to any new warranty period. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. The Buyer must ensure that data on the equipment to be repaired, which are essential to him, are backed up by copies, since these can be lost during repair operations.
- If the rework fails three times after a reasonable period of time, the buyer may, at his discretion, demand a reduction in the price or cancellation of the contract.
- A liability for normal wear and tear is excluded. Warranty claims also do not apply to wearing parts such as printheads and other wearing materials.
- Warranty claims against us are only available to the direct buyer and are not assignable.
- The above paragraphs exclusively contain the warranty for products and exclude other warranty claims of any kind, in particular those for consequential damage, unless there is intent or gross negligence on our part.
- If, during a remedy of a device caused by the buyer, the indicated defect turns out to be non-existent or due to gross negligence or willful intent of the buyer, we are entitled to charge reasonable compensation for the inspection of the device. In this case, the customer remains at liberty to prove to us a lower expenditure than the invoiced one.
Â§6 Indemnity claim
Indemnity claims for damages for impossibility of performance, positive breach of contract, culpability in the conclusion of a contract and tort are excluded both against us and against our vicarious agents, unless intentional or grossly negligent .
The prices are understood 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 give no price guarantee, unless this has been agreed in writing. Rangee reserves the right to increase the price reasonably if, after conclusion of the contract, cost increases occur, in particular due to price increases by 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 order.
- Unless different terms of payment are mentioned in the offer, invoices are payable without deduction upon delivery / collection.
- Payment will only be made on time if the means of payment (such as checks) are available to us for redemption within seven days of the invoice date. Checks or bills of exchange are accepted subject to final credit. If a term of payment is granted, the payment will only be made in good time if the means of payment (eg check or bill of exchange) are available on the day of the deadline for redemption or the agreed invoice amount is credited to our account by bank transfer. Proof of timely access is up to the debtor The purchase price was calculated on the absolute observance of the agreed payment term.
- If the payment term is exceeded, the customer will be in default without a reminder. From the due date, we are entitled to charge interest of 5% above the respective base rate of the ECB in accordance with the Discount Transition Act.
- Our claims are due immediately, even if payment terms have been agreed, if the customer defaults on a debt, checks are in protest or payments are stopped. We are entitled in these cases to reclaim retained goods and to withdraw from the contract.
- The purchaser is not entitled to set off against Rangee or assert rights of retention, unless the customer’s claims against Rangee are undisputed or have been legally established.
- Deviating agreements are only valid if they are additionally noted on the order confirmation and invoice for each individual delivery
Rangee is entitled to assign its claims.
Â§10 Retention of title
- Rangee retains ownership of the delivered goods until full payment of all outstanding claims by the customer, even if they are claims from previous deliveries or services.
- If the goods subject to retention of title are seized or an other disposal by third parties, the purchaser has to inform Rangee immediately and to draw attention to Rangees rights.
If the purchaser is in arrears with us, we are entitled to take back the reserved goods and to this Purpose to enter the business premises of the customer. The customer is entitled to combine the reserved goods with third parties in the course of normal business transactions; In this case, we acquire co-ownership of the new items resulting from the connection in proportion to the value of the interconnected or newly manufactured items according to Â§947 BGB. If the customer sells the connected or newly manufactured goods in which we have co-ownership, the customer hereby assigns his purchase price claims against his customers in proportion to the value of our co-ownership as collateral and hereby authorizes us to collect the claim in his own name , If the value of the securities exceeds the outstanding claims by more than 20%, we will release the additional amount of the securities at the request of the customer. The customer is entitled to sell the goods in the ordinary course of business. He assigns today all his claims against the purchaser from the resale to us for our safety. The customer is authorized and obliged to collect the claims as long as we do not revoke this authorization. The collection authorization of the orderer expires without explicit declaration on our part, if the orderer stops his payments. We will not make use of our collection authorizations if the purchaser fulfills his payment obligations.
Â§11 Right of Withdrawal of Distance Contracts
- To the consumer i.S.d. FernAbsG has a right of withdrawal for distance contracts. In accordance with the Distance Selling Act, within two weeks of receipt of the goods, he has the option of revoking the contract without giving reasons. The revocation can be made in writing or by returning the goods; To meet the deadline, timely dispatch to Rangee GmbH, Gut-DĂ¤mme-Str. 11, 52070 Aachen.
- When exercising the right of withdrawal, the consumer bears the return costs up to an order value of 40, – Euro. The return should be done in the original packaging. Impairment losses from intended use or missing parts are to be reimbursed by the consumer, unless the reduction is due solely to the inspection of the goods. Impairment can be avoided if the goods are handled carefully and the installation of components is carried out exclusively by qualified and authorized technical personnel.
A right of revocation does not apply to: CDs, DVDs, CD-ROMs, software, software licenses and videos unsealed by the consumer goods purchased through Internet auctions. Also for goods manufactured or customized according to customer specifications, e.g. Complete systems, a right of withdrawal is excluded.
Â§12 Goodwill Acceptance / Acceptance Refusal
- After expiry of the two-week withdrawal period or for buyers who are not consumers i.S.d. If the goods are remotely canceled, the goods are only taken back if there is evidence of incorrect delivery. In the case of exchange, redemption or credit request whose cause Rangee is not responsible for, settlement will only take place after written confirmation by the seller. The basic prerequisite for this is the condition of the goods and their resaleable condition. The expected refund amount is the resale price to be achieved at the time of receipt, less a cancellation / handling fee of 10% of the invoice amount.
- If a buyer who is not a consumer accepts i.S.d. FernAbsG is not the goods sold, Rangee is entitled to either insist on acceptance or 10% of the purchase price as a flat-rate compensation and reimbursement of expenses to ask, unless the buyer proves that damage is not or less originated. Rangee reserves the right to assert it in case of exceptionally high damage. For the duration of the acceptance delay of the buyer Rangee is entitled to store the delivery items at the risk of the buyer with himself, with a forwarding agent or a storekeeper. During the period of default of acceptance, the buyer has to pay Rangee for the resulting storage costs without further proof per month lump sum 15 â‚¬. The flat-rate compensation is reduced to the extent that the customer can prove that expenses or damage have not occurred. In the event of exceptionally high storage costs, we reserve the right to assert them.
Â§13 Withdrawal in the event of asset deterioration
Rangee may withdraw from the contract if a cessation of payments, the opening of bankruptcy or judicial settlement proceedings, refusal of bankruptcy for lack of assets, or check protests or other specific indications of deterioration in the financial circumstances of the purchaser become known.
Â§14 Contractual terms
All ancillary agreements and contract amendments are only valid in written form. Should one of the previous agreements be invalid, the validity of the contract remains unaffected. The ineffective provisions shall be replaced by the legally permissible regulation or handling which corresponds or which comes closest to the intended economic purpose. The sales conditions in the latest version apply. Other conditions than these, in particular purchase conditions of the purchaser, do not apply even if they are not expressly rejected in another form. With the acceptance of the goods, the customer waives the application of its terms and conditions even if they claim exclusivity.
According to Â§26 (1) Data Protection Act, we point out that all customer and supplier-related data are stored and processed by us with the help of electronic data processing .
The contracting parties accept the unsolicited sending of product information and advertising material in any form (eg mail, e-mail and fax).
Â§17 Place of fulfillment and jurisdiction
Place of performance for delivery and payment as well as the place of jurisdiction is Aachen. All legal relationships based on the contractual relationship are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Sales Convention.