Terms of service

1 Validity of the terms and conditions

The deliveries and offers of Airnergy International GmbH are made exclusively on the basis of the following General Terms and Conditions (GTC). By referring to the GTC without an objection by the customer, the customer recognizes the GTC. Any reference by the customer to his own terms and conditions is hereby rejected. The terms and conditions provided by Airnergy International GmbH at the time of conclusion of the contract shall apply. These can be viewed and printed on the Airnergy International GmbH website.

2 Conclusion of contract

By sending/transmitting the signed form to Airnergy International GmbH, the customer offers to conclude a contract of sale/contract for work and materials. He is bound to his request for four weeks.

The contract is concluded when Airnergy International GmbH has confirmed acceptance of the order for the specified purchase items in writing within this period or the delivery has been carried out. However, Airnergy International GmbH shall be obliged to inform the customer immediately if the order is not accepted. The information on goods and prices is subject to adjustment due to technical changes in the products offered.

3 Prices

Unless otherwise agreed, prices are ex works; statutory VAT is not included in the prices and will be shown separately on the invoice at the statutory rate on the date of invoicing. Cost estimates for repair work are always subject to a charge.

4 Terms of payment

4.1

Payment shall always be made by advance bank transfer to the account of Airnergy International GmbH. At the request of the customer, delivery can be made by cash on delivery. The costs incurred shall be borne by the customer. Airnergy International GmbH is free to choose the delivery company. Airnergy International GmbH may, at its own discretion, also deliver against invoice.

4.2

Invoices are due for payment immediately without deduction.

4.3

Payments shall be made directly to Airnergy International GmbH. Employees of Airnergy International GmbH shall only be authorized to accept payments with written authority to collect.

4.4

In the event of default in payment, Airnergy International GmbH shall be entitled to charge interest on arrears at a rate of 5% above the respective discount rate of the Deutsche Bundesbank, without prejudice to the assertion of further damages caused by default. The customer may prove to Airnergy International GmbH that no or significantly less damage has been incurred as a result of the delay in payment.

4.5

The customer shall only be entitled to offset undisputed or legally established counterclaims. If the customer is a merchant, he is only authorized to exercise a right of retention if the counterclaim is undisputed or has been legally established.

5 Delivery time/delay

5.1

Airnergy International GmbH shall endeavor to meet the stated delivery dates. However, stated delivery times are always approximate and non-binding. Partial deliveries are permissible.

5.2

Compliance with the delivery obligation of Airnergy International GmbH requires the timely and proper fulfillment of the customer's obligation to cooperate. If the customer is in default of acceptance or violates the obligation to cooperate, Airnergy International GmbH shall be entitled to demand compensation for damages, including any additional expenses. If the customer fails to comply with his obligation to take delivery even after a further written request with a grace period of 14 days, Airnergy International GmbH shall be entitled to withdraw from the contract or to claim damages.

If Airnergy International GmbH demands compensation for damages, this shall amount to a flat rate of 20% of the agreed purchase price. The compensation shall be set higher or lower if Airnergy International GmbH proves higher damages or the customer proves lower damages.

6 Shipment/Transfer of risk

6.1

Unless otherwise agreed, the place of performance shall be the delivery warehouse of Airnergy International GmbH in Hennef.

6.2

Shipment shall be at the expense and risk of the customer. Insurance of the goods against transport damage shall be at the expense of the customer.

6.3

In the event of a complaint about the goods, the customer shall bear the costs for the return transport of the goods to the place of performance and the shipment to him after repair/replacement. This regulation only applies to commercial customers. It also applies to customers with a delivery address outside the Federal Republic of Germany. In such a case, the customer must arrange transportation to the place of performance.

6.4

If the customer complains about the goods and it is determined that there is no defect for which Airnergy International GmbH is liable under liability for material defects or warranty, the customer shall in any case bear the costs of transportation. A return shipment to the customer shall also only be made after reimbursement of costs.

7 Liability for material defects/compensation for damages

7.1

The customer is obliged to inspect the goods immediately for transport damage, incorrect delivery and deviations in defects. Transport damage must be reported to the carrier. Insofar as Airnergy International GmbH has agreed to assume the risk of transportation, claims by the customer for transport damage shall be excluded if the customer fails to notify the carrier of the damage and to inform Airnergy International GmbH immediately.

The customer must notify Airnergy International GmbH in writing of any obvious defects within 2 weeks of receipt of the goods. If the customer is a merchant, the provisions of §§ 377, 378 HGB shall apply.

7.2

If there is a material defect within the meaning of § 434 BGB, Airnergy International GmbH shall be entitled to repair or replace the goods at its own discretion. This provision shall not apply if the order is a purchase of consumer goods within the meaning of §§ 474 ff. BGB. If the second attempt to repair or replace the goods also fails, the customer shall be entitled to withdraw from the contract or to reduce the purchase price.

7.3

Warranty claims shall not exist in particular if:

a) the defect is due to the fact that the customer has made changes or extensions to the object of purchase or has provided it with spare parts neither approved by Airnergy International GmbH nor supplied by it.
b) the defect is due to improper use, operation, inadequate care or maintenance or to the effects of force.
c) the defect is due to wear and tear.

7.4

Airnergy International GmbH shall only be obliged to repair or replace the goods if the customer has paid the remuneration corresponding to the value of the defective goods or services.

7.5

Only the customer shall be entitled to claims for material defects and such claims shall not be assignable. Any further claims of the customer other than the statutory claims are excluded.

7.6.1

The customer's claim for damages due to a breach of duty by Airnergy International GmbH, its legal representatives or vicarious agents, in particular for damage that has not occurred to the delivery item itself, for loss of profit or other financial losses is excluded.

7.6.2

This limitation of liability shall not apply in the event of intentional or negligent breach of a primary contractual obligation by Airnergy International GmbH, its legal representatives or vicarious agents. In the event of a slightly negligent breach of a principal contractual obligation, Airnergy International GmbH shall be liable at most up to the typically foreseeable damage, which as a rule shall not exceed the purchase price of the goods ordered. Liability is limited to damage to the goods ordered.

7.6.3

The limitation of liability with regard to secondary obligations shall also not apply in the event of an intentional or grossly negligent breach of duty by Airnergy International GmbH, its legal representatives or vicarious agents.

7.6.4

Liability is also not excluded in the case of damage resulting from injury to life, limb or health.

7.6.5

Furthermore, the limitation of liability shall not apply if the customer asserts claims for damages for non-performance due to the absence of a warranted characteristic in accordance with §§ 463, 480 para. 2 BGB.

7.6.6

The provisions of 7.6.3. and 7.6.4. shall not apply if the purchaser is a commercial customer.

7.7

The limitation period for claims arising from liability for material defects in the case of a consumer goods purchase in accordance with §§ 474 ff. BGB is 2 years, otherwise 1 year, calculated from the time of the transfer of risk. This period shall also apply to claims for compensation for consequential damage caused by defects, provided that no claims in tort are asserted.

8 Retention of title

8.1

Airnergy International GmbH shall retain title to the delivered goods until full payment of all claims to which Airnergy International GmbH is entitled against the customer and, if the customer is a merchant, further claims arising from the business relationship with him, irrespective of the legal grounds.

8.2

In the event of breach of contract by the customer, in particular in the event of default in payment, Airnergy International GmbH shall be entitled to demand the return of the goods sold. Taking back the goods shall not constitute a withdrawal from the contract unless Airnergy International GmbH expressly declares this in writing.

8.3

The customer shall be entitled to resell the goods delivered under reservation of title in the course of his business. The customer shall assign to Airnergy International GmbH in advance any claims arising from the resale of the goods or any other legal reason in the amount of the claims to which Airnergy International GmbH is entitled against the customer.

8.4

The customer is obliged to treat the goods delivered subject to retention of title with care and to insure them against destruction and loss at his own expense until the transfer of title.

9 Data Protection

The buyer agrees that personal data relating to his order may be stored electronically and processed for the purposes of the business relationship in accordance with the statutory provisions.

10 Applicable law, place of fulfillment and jurisdiction

All contractual relationships shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of performance for all claims arising from the contractual relationship is Hennef. The place of jurisdiction for all disputes shall be Siegburg, provided that the customer is a merchant.

11 Miscellaneous

11.1

Subsidiary agreements and amendments to this contract shall only be legally effective if confirmed in writing by Airnergy International GmbH.

11.2

Should a provision or part of a provision of these General Terms and Conditions or a contract referring to them be invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties undertake to reach a new agreement which comes as close as possible to the economic purpose of the invalid provision and which they would have agreed if they had been aware of its invalidity.