General Terms & Conditions

Terms of Service

Terms of AutomotiveHarnessElements

1. General
a) The AutomotiveHarnessElements Inh. Stefan Koch, hereinafter referred to as "AHE" is active in the field of sales and trade in goods Harness.
b) The following terms and conditions between AHE and its client apply to all services, unless other terms are agreed
c) Any terms and conditions of the client are also not part of the contract if AHE does not expressly object to them again, and especially not tacitly acknowledged. Changes and additions to the contract must be in writing
d) Should individual provisions of the contract are or become invalid, the validity of the remaining provisions shall not be affected. The Parties undertake to replace invalid provisions with a valid provision which comes as the ineffective the next
e) changes and additions to the contract must be in writing

2. Contract Scope
a) Our written offers are non-binding with regard to price, delivery and other content and have from the offer date is valid for 90 days.
b) Orders shall only be deemed accepted if they are confirmed in writing or executed.
c) If no written confirmation, delivery or invoice confirming the order.
d) Telephone orders are accepted only at the risk of the client.
e) the nature and extent of the services required to effect the AHE are described in the offer. The special offer is based on a made by the principal functions and specifications of the product / contract, which must be complete and correct. Takes AHE with the consent of the client work results of third parties as a basis or part of your services, so they can be based on these results of its further performance, unless the principal instructs AHE in writing the order to check these acquired results.
f) AHE is entitled to engage third parties in the processing of orders.

3. Vergütung- and payment
a) The remuneration is receipt of the invoice, payable upon production of a work with the acceptance, without deduction. If a fixed price was agreed, based this on the preliminary information of the client and the scope then determined. Should give extra power requirements or change requests changes in the scope of work, so they are writing to confirm, stating the estimated costs of AHE, and are billed separately.
b) Unless otherwise determined by contract, AHE can already provide rendered partial services invoiced.
c) The agreed prices are ex works excluding packaging, plus. the currently applicable VAT. The prices are in (EUR / €), unless otherwise agreed.
d) For performance or currency changes valid on the date of receipt of the contract prices or exchange rates shall be charged. Price adjustments are reserved on invoices and delivery notes due to obvious error.
e) When providing AHE services in countries outside the European Union, the customer has to teach the tax export certificate required. If this evidence is not provided by the client or a third party, the customer must immediately pay for services within the Federal Republic of Germany import Umsetzsteuer the invoice amount.

4. Performance periods, dates
a) orders of the purchaser are binding by the written confirmation of the AHE. As far as a firm order is not complied with by the principal, the downtime will be charged with 75% of the contract price of AHE. This does not apply if an agreed to original order adequate replacement job in terms of turnover and volume utilization within 4 weeks.
b) If it becomes evident during the order execution, that dates from AHE due to reasons (for example, breakdowns, delays by suppliers and force majeure) can not be complied with, the agreed dates extended accordingly. This is especially true if the client extends the scope during the contract period, other requests for changes or delays has shown are based on inaccurate or incomplete addressing or other improper acts of cooperation of the principal. AHE is it possibly vote resulting postponements with the client immediately.

5. participation of the client
a) The customer bears the costs for the additional costs caused by the fact that works of AHE due late, incorrect or incomplete information or other improper acts of cooperation have to be repeated or delayed. AHE is also entitled at agreeing a binding fixed or maximum price, additionally settle such additional expenditure incurred.
b) AHE provides no compensation for damages or expenses caused by deficient or incomplete wholesale or incomplete cooperative acts of the client / possibly product manufacturer and / or product Verwenders are.
c) The customer is obliged, for those who shall bear AHE, immediately report any damage or loss, and leave at their request by AHE self or take a determined by him third.

6. acceptance
a) If the contract to manufacture a product based on the acceptance of the agreed services after the transfer of the result by AHE must be sent to the client.
b) If the principal after the handover of the result this service for a reason other than a defect or incompleteness or for any other reason not legal from, so the benefits are at least 2 weeks after the handover as accepted.

7. complaints and warranty
a) AHE is providing services on the basis of the refund applicable to the versions generally accepted rules of technology and in compliance with the industry-standard care. Considering this fact, AHE assumes the responsibility for the proper management and documentation of agreed with the client performance without guaranteeing that AHE thereby identify any product or system errors or deviations. As far as the client are known during the contract period and warranty period product or system errors or deviations or, they are immediately AHE writing.
b) The warranty rights of the Customer presuppose that this is his obligation under § 377 HGB and complain properly fulfilled. If a defect the customer may initially only demand rectification of the agreed services. Proposes amendment fails, especially if the defect can not be eliminated or for AHE further attempts are unreasonable, the customer can of
AHE demand instead of repair, price reduction (reduction) or withdraw from the contract. Possible claims for damages exist only within the scope of paragraph 8 (liability). A claim for performance of the services against AHE no longer exists
c) We are not liable for the deadline notified defects, based on an incorrect installation by the customer or third parties, faulty or negligent treatment and unsuitable or improper use.
d) To the extent that the cost of the repair costs increase because the amount owed to a place other than the place originally agreed (of performance) is to be provided, they shall be reimbursed by the client.
e) The deadline for submission of claims for defects is one year.

8. liability
a) AHE is liable for damages insofar as intent or negligence can be proven, within the framework of legal provisions, however, limited to the foreseeable, typically occurring damage. If the damage is covered by the principal for the claim concerned insurance (for example, machinery, assembly, Elementarschaden-, fire or transport insurance but not sum insurance), AHE is only liable for any related disadvantages of the client, for example, higher insurance premiums or interest disadvantages until the claim is settled by the insurance
b) To the extent liable AHE for damages to the client by law even without fault, the above-mentioned limitations of liability shall apply mutatis mutandis
c) The liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.
d) Unless stipulated above not otherwise, liability is excluded. If the liability of the AHE excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and agents

9. Copyright, ownership, exploitation rights
a) All copyrights, Miturheber- and ownership of of AHE developed procedures, documentation, programs, calculations, other illustrations and the like shall remain the property of AHE
b) The client receives the results obtained under the contract an exclusive right of exploitation for the purposes intended as agreed, otherwise the production and / or distribution of corresponding products without restriction of production and sales territory
c) The cost of registration of property rights, which arise during the performance, wearing each Party for notified of their rights themselves. This also applies to the invention remuneration to each employee. About submitting an application for protection and in which countries it is deposited, the Parties will inform each immediately
d) Are in inventions that arise from the provision of services agreed upon, the client's employees and the AHE involved, the parties shall agree immediately who conveniently works out the common Patent message. The application of joint inventions is then shared by both; the costs, both Parties, in equal parts.
e) If one of the parties is no longer interested in pursuing a patent and it will offer the other party your share to takeover.

10. Third party rights
a) If AHE by a third party due to the violation of which rights to claim and AHE has executed the order as specified by the client, the client is obliged AHE from these claims, including all expenses, the AHE are necessarily incurred in connection therewith, indemnify
b) If a third party rights, which were not known AHE is, AHE in coordination with the client either purchase a license for the client to attack the existing law or modify the result of the services so that the alleged right of the third party no longer get hurt. Costs incurred by these measures are to be borne by the client

11. termination
a) If the customer provides the required for performance participation not sure the information or data provided by the Client, product manufacturers and / or product users are incomplete, inadequate, incomplete or require change requests an additional not factored labor whose costs are not borne by the principal, so AHE is entitled to terminate the contract without notice.
b) The customer has to reimburse costs, the AHE from the immediate termination adult.

12. Jurisdiction and applicable law
a) performance and jurisdiction for all claims arising from the contractual relationship is the headquarters of AHE, unless the client is a merchant, legal entity under public law or public law special fund.
b) The law of the Federal Republic of Germany.