Terms of delivery & payment

§ 1 Validity of the terms and conditions
1.1 The deliveries, services and offers of AKTUELL are made exclusively on the basis of these terms and conditions. They shall therefore also apply to all future business relations, even if they are not expressly agreed again. These terms and conditions shall be deemed to have been accepted at the latest upon acceptance of the goods or services. Counter-confirmations by the buyer and reference to his terms and conditions of business or purchase are hereby rejected.
1.2 Deviations from these terms and conditions are only effective if AKTUELL confirms them in writing.

§ 2 Offer and conclusion of contract
2.1 The offers of AKTUELL are subject to change and non-binding. Declarations of acceptance and all orders require written or telex confirmation from AKTUELL to be legally valid. The same applies to supplements, amendments or subsidiary agreements.
2.2 The sales employees of AKTUELL are not authorized to make verbal collateral agreements or to give verbal assurances that go beyond the content of the written contract.
§ 3 Prices
3.1 Unless otherwise stated, AKTUELL shall be bound by the prices contained in its offers for 30 days from the date of the offer. The prices stated in the order confirmation of AKTUELL plus the respective statutory value added tax are decisive. Additional deliveries and services shall be invoiced separately.
3.2 Unless otherwise agreed, the prices are free domicile.
§ 4 Delivery and performance time
4.1 Delivery dates or deadlines, which can be agreed as binding or non-binding, must be made in writing.
4.2 AKTUELL shall not be responsible for delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for AKTUELL – this includes in particular strikes, lockouts, official orders etc., even if they occur at AKTUELL’s suppliers or their subcontractors – even in the case of bindingly agreed deadlines and dates. They entitle AKTUELL to postpone the delivery or service for the duration of the hindrance plus a reasonable period of time or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
4.3If the hindrance lasts longer than three months, the buyer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if the buyer is released from his obligation, the buyer cannot derive any claims for damages from this. AKTUELL can only invoke the aforementioned circumstances if it informs the buyer immediately.
4.4 If AKTUELL is responsible for the non-compliance with bindingly agreed deadlines and dates or is in default, the purchaser is entitled to compensation for default in the amount of 1/2 % for each completed week of default, but not more than a total of 5 % of the invoice value of the deliveries and services affected by the default. Any further claims are excluded, unless the delay is at least due to gross negligence on the part of AKTUELL.
4.5 AKTUELL is entitled to make partial deliveries and render partial services at any time.

§ 5 Transfer of risk
The risk is transferred to the buyer as soon as the consignment has been handed over to the person carrying out the transportation or has left the warehouse of AKTUELL for the purpose of dispatch. If shipment becomes impossible through no fault of AKTUELL, the risk is transferred to the buyer with the notification of readiness for shipment.

§ 6 Warranty
6.1 AKTUELL guarantees that the products are free from manufacturing and material defects. The warranty period is 6 months; it begins on the date of delivery.
6.2 The buyer must notify AKTUELL in writing of any defects immediately, but at the latest within one week of receipt of the delivery item. Defects that cannot be discovered within this period, even after careful inspection, must be reported to AKTUELL in writing immediately after discovery.
6.3 Warranty claims against AKTUELL are only available to the direct purchaser and are not transferable.
6.4 The above paragraphs conclusively contain the warranty for the products and exclude other warranty claims of any kind. This does not apply to claims for damages arising from quality warranties which are intended to protect the buyer against the risk of consequential damages.
§ 7 Retention of title
7.1 Until the fulfillment of all claims (including all current account balance claims) to which AKTUELL is entitled against the buyer now or in the future for any legal reason, AKTUELL shall be granted the following securities, which it shall release upon request at its discretion, insofar as their value exceeds the claims by more than 20% on a sustained basis.
7.2 The goods remain the property of AKTUELL.
7.3 The buyer is entitled to sell the goods subject to retention of title in the ordinary course of business as long as he is not in default. Pledges or transfers by way of security are not permitted. The claims arising from the resale or any other legal reason (insurance, unauthorized action) with regard to the reserved goods (including all balance claims from current accounts) are already now assigned by the purchaser to AKTUELL in full as security. AKTUELL revocably authorizes him to collect the claims assigned to AKTUELL for its account in his own name. This collection authorization can only be revoked if the buyer does not properly meet his payment obligations.
7.4 In the event of access by third parties to the reserved goods, the purchaser shall draw attention to the ownership of AKTUELL and inform AKTUELL immediately.
7.5 In the event of breach of contract by the purchaser – in particular default of payment – AKTUELL is entitled to take back the reserved goods or, if necessary, to demand assignment of the purchaser’s claims for restitution against third parties. The repossession or seizure of the reserved goods by AKTUELL does not constitute a withdrawal from the contract, unless the Instalment Purchase Act applies.
§ 8 Payment
8.1 Unless otherwise agreed, the invoices of AKTUELL are payable 30 days after invoicing without deduction. AKTUELL is entitled to offset payments against the buyer’s older debts first, despite any provisions of the buyer to the contrary, and will inform the buyer of the type of offsetting that has taken place. If costs and interest have already been incurred, AKTUELL is entitled to offset the payment first against the costs, then against the interest and finally against the main service.
8.2 A payment is only deemed to have been made when AKTUELL can dispose of the amount. In the case of checks, payment is only deemed to have been made when the check is cashed. If the buyer is in arrears, AKTUELL is entitled to charge interest from the relevant date at the rate charged by the commercial banks for open overdraft facilities plus the statutory value added tax. They are to be set lower if the buyer proves a lower charge.
8.3 If AKTUELL becomes aware of circumstances that call into question the creditworthiness of the buyer, in particular if he does not cash a check or suspends his payments, AKTUELL is entitled to declare the entire remaining debt due, even if it has accepted checks. In this case, AKTUELL is also entitled to demand advance payments or securities.
8.4 The Buyer shall only be entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.
§ 9 Limitations of liability
Claims for damages arising from impossibility of performance, from positive breach of contract, from culpa in contrahendo and from tort are excluded both against AKTUELL and against its vicarious agents, except in cases of willful misconduct or gross negligence.
§ 10
10.1 The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between AKTUELL and the buyer.
10.2 The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Iserlohn.
10.3 Should a provision in these terms and conditions or a provision in the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.

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