Delivery and payment conditions are an important part of all dealings with our customers. Contradictory purchasing conditions are inefficient, even when not directly opposed. Should a part of the contractual agreements made with our customers become invalid, all other agreements and conditions will remain valid. The invalid part of the agreement shall be altered in a way as to reach and comply with the general terms of agreement.
Our offers are, unless otherwise specified, non-binding. All contracts are legally binding after the receipt of a written confirmation, or with the completion of delivery. We reserve the right to correct errors and mistakes. There is no liability for errors in writing, printing and miscalculations on the website and we reserve the right to withdraw from the contract at any time.
All prices are net prices in Euro/USD and are granted ex-works, including packing excluding the legally valid taxes. The minimum purchase order value per order amounts to 100 Euro or 200 USD. If the order value is less than the minimum order value so a processing fee of 20 € or 40 USD will need to be paid.
Price changes based on cost increases which arise after order placement and before delivery are the reserved right of ic audio. This is also applicable for print and publishing errors or other mistakes in price calculation. With the publishing of a new price list, previous lists loose validity
Delivery is made ex-works, on behalf and at risk of the recipient. The delivery date is the warehouse departure. In cases of superior forces also including material failures, operating disturbances, strikes or other official measures, also from our suppliers as well as late and incorrect deliveries from our suppliers, ic audio reserves the right to dissolve parts of the relevant contract or the contract itself, or to delay the shipment for an estimated amount of time. If the delivery requires more than 8 weeks than the agreed time, the customer has the right to annul the contract. Compensation claims are non-applicable in this case for both parties. Damages occurring during transport must be reported to the postal service, the shipping service or the train service immediately.
All invoices are payable within 10 days less 2% discount or within 30 days net, from invoice date. Starting 1st March 2012 all payments are to be made to our factoring company, abcfinance GmbH, Kamekestr. 2-8 in 50672 Köln if accepted by abcfinance. Checks are accepted upon cashing, bills of exchange are not accepted as a method of payment.
Orders from abroad can only be accepted by payment in advance. We reserve the right to levy interest on overdue payments. The buyer is not allowed to withhold the purchasing price based on individual terms of trade, or through non-agreed return demands.
Following contract closure, if situations arise which question the financial stability of the purchaser; we reserve the right to demand immediate payment of all open invoices. We reserve the right to demand pre-payment or debit note for current delivery con-tracts. A collecting agency can be employed should a customer not fulfil his pay-ments. The costs for the collections agency will be carried by the purchaser.
Return of fault free products will not be credited with a credit invoice unless previously agreed to. We calculate a processing fee of 20% on net prices of the products for agreed return of fault free products. The return shipment must be free of cost and in acceptable conditions. Special orders are non-returnable. Order changes and cancellations must be presented in writing.
7. Warranty / Customer complaint
a) Scope of warranty: ic audio guarantees that the product does not have major faults. The products have been manufactured with the greatest care and attention, but the parties are aware that, according to the state of the are, it is not possible to preclude faults under all conditions relating to the application. The statuary period of warranty is two years. Claims under the statuary warranty start upon receipt of the goods unless we accept a more extensive warranty on a case by case basis.
b) Responsibility to notify / Time limits: The Company must be notified immediately in writing of any faults recognized at the time of delivery, hidden faults immediately on identification of the fault, giving exact details of the complaint. Faults found after 10 days from the day of delivery will not be accepted (preclusion period). The faulty object must be packed carefully and sent back to us for investigation.
c) Acceptance of costs: In the case of entitled complained notified within the time period prescribed, the buyer has the right o accept either rectification of the fault or exchange of the goods at no costs providing the goods are returned to us within 2 weeks. If rectification or exchange of the goods is not possible or equitable, the buyer can cancel the contract or have the purchase price reduced. In the event of rectification, ic audio will accept the labor costs. All other costs of the rectification as well as those auxiliary costs connected with the supply of replacement goods, especially transportation costs for the replacement object, will be charged to the customer, unless these costs are excessive. All other claims by the customer or claims not included in the conditions of this contract, irrespective of the legal rights, are excluded, unless recourse is specified by these conditions.
d) Warranty exclusion: The following faults and damages are not covered by the warranty: normal operation and wear, incorrect use, operational errors and careless handling by the customer, operation with the wrong type of current or voltage as well as connection to unsuitable power sources, Fire, lightning or explosion, mains-related over voltage, moisture of any kind, wrong or faulty programs - software or processing data as well as any form of non-repairable items, unless the customer can prove that these situations were not caused by the fault complaint about. The guarantee will also not apply if the serial number, type description or similar identification features are removed or made unreadable.
e) Special orders: Goods not offered by us through our catalogue are classed as special orders. They are treated in the same way as catalogue items as far as the guarantee is concerned, further claims for damages however are excluded, unless we can be accused of gross carelessness or intent. Special orders can only be handled / produced based on a written order and written acceptance of the sample.
8. Reservation of Title
a) All deliveries are subject to reservation of title. Until payment is received for a product, this product remains property of ic audio. The reservation of title is our security of payment for orders per invoice. In case of check payment, the goods are property of ic audio until the check is cleared.
b) Property acquisition through the purchaser use in mixed goods is not permitted until the payment of the product is made, according to §950 BGB. Use in such manner through the purchaser does not change the reservation of title. Through adaptation with products not belonging to ic audio, we reserve the right of partial ownership of the new object. following the value relation of the ic audio product and the other adapted products at the time of the adaptation. The new product arising from the adaptation of ic audio products is also regulated by the reservation of title as expressed above.
c) The purchaser is entitled to further sale of the object, as long as the business dealings have been absolved correctly.
d) The payment demands of the purchaser arising through the further sale of the products will be due to ic audio, regardless of the status of the product. In the case that the reserved articles are sold, whether altered or not, together with products not belonging to ic audio, the payment demands of ic audio shall be made according to value relation of the ic audio products. The value relation is calculated at the time of purchase of our property or partial ownership in regard to the partial ownership rights of the newly created product. The purchaser is permitted to collect the payment demand of the further sale despite of the cession. Our collection rights are not influenced by the collection activities of the purchaser. We shall not collect payment ourselves, as long as the purchaser has fulfilled the payment conditions correctly. On our demand, the purchaser must inform us of the transferred demands and must inform the new debtor of the reservation of title belonging to ic audio.
e) Reservation of title is applicable until the products are paid for in full, after which the reservation of title shall be passed on to the purchaser, and all demands made by ic audio are no longer applicable.
f) If the value of the given deposit is exceeding our total payment demands by more than 20%, ic audio is required to return the difference on request of the purchaser.
g) Should the payment be overdue for ic audio products, we reserve the right to demand the return of the product. This action does not indicate a break of contract. In the case of overdue payment, we reserve the right to demand the return of previously sold products, should the original products no longer be in the possession of the purchaser. This return demand is also irrelevant for current contracts.
The orderer has been fully informed by the ic audio GmbH of the type, extent, locality and purpose of the necessary person-related data collection, handling and usage. This data is used for the processing of orders and the e-mail information service (see ‘impressum’ on the ic audio homepage.) The orderer has explicitly accepted this collection, handling and usage of this person-related data.
10. Domicile, Venue and Applicable Law
Domicile and venue is Mannheim for both parts. Applicable is the law of the Federal Republic of Germany. In legal matters, the German version of the General Terms of Business is applicable.
ic audio General Terms of Business
ic audio GmbH
D-68307 Mannheim Germany
Fon: + 49 (0) 6 21 / 77 09 6 - 0
Fax: + 49 (0) 6 21 / 77 09 6 - 26
Ust.-IdNr.: DE 111 640 178
Geschäftsführer: Heinz Pfannenschmidt, Registergericht Mannheim HRB 6697