1. Scope of application
All sales of Apendics GmbH & Co. KG (Apendics) are subject to these terms and conditions of sale, which you accept with your order. Conditions which deviate from our terms and conditions are only valid if they have been confirmed by us in writing.
2. Conclusion of the contract
Our offer applies exclusively to industry, trade, authorities, craft trade, commerce and the self-employed. With your order, you confirm that the goods will be used within the framework of your commercial / official activities. Our offers are subject to confirmation, i.e. your order will only be binding after we have accepted it. Apendics’ products are subject to technical and qualitative improvements, as well as errors resulting from possible printing or communication errors. For products which we purchase from suppliers, we reserve the right to withdraw from the contract if and insofar as the upstream supplier is released from its obligation to deliver. We will notify you immediately if this occurs. The law of the Federal Republic of Germany applies exclusively. The validity of the UN purchasing law is excluded. The place of jurisdiction is Lingen.
Unless otherwise agreed, Apendics ships free house (transportation to location behind the first lockable door) without installation and without decorative material. The place of fulfilment is the location where the goods are dispatched . The risk is transferred to the customer as soon as we have handed over the goods to the forwarder, carrier or any other person responsible for the execution of the shipping. Unless otherwise agreed, delivery shall take place as quickly as possible. All delivery dates are approximate. Compensation for damage due to delivery being made early or late is excluded. Partial performances are allowed.
4. Retention of title
Apendics retains the title to the delivered goods until the invoice is settled. In the event that you sell, process or transform the products delivered by Apendics in the course of ordinary and proper business, you assign to Apendics already now the resulting receivables or claims against a third-party, though without giving rise to any obligations of Apendics. Apendics shall pursue the receivables or claims stemming from assigned rights in its own name.
On receiving the goods, please check that they are intact, as is legally required. For obvious defects Apendics must be notified immediately in writing, and for hidden defects within one week from their discovery. In the event of shipping damage which is apparent upon delivery, this must immediately be confirmed by the delivery person in writing.
Apendics provides a warranty for the absence of faults in the material and workmanship, but not for wear and tear or careless handling, for a period of two years from delivery. If a longer warranty period is explicitly specified for individual products, this will of course apply. In the case of a justified complaint, Apendics will, at its own discretion, carry out repairs or provide a supplementary performance. We can only recognise claims for damages against us in the event of wilful misconduct, gross negligence, and culpable violation of an essential contractual obligation or in the event of non-compliance with an explicitly provided warranty. With the exception of intentional breaches of an obligation, our liability is limited to the foreseeable, typically occurring damage. Beyond this, the statutory warranty regulations apply.
If an individual provision of these terms and conditions of sale is invalid, this will not affect the validity of the remaining provisions and those which apply to the entire transaction.
Note on data storage: under the provisions of the German Privacy Act, we would like to point out that we store customer data received in connection with the business relationship.