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Terms and Conditions of Sale, Delivery and Payment

of Kern & Sohn GmbH




04.07.2013
 
 
 






























     1. General  










 









 
Our quotations and deliveries are based exclusively on the terms and conditions set out below.
 
 


 

















     2. Conclusion of contract  






 









 
2.1   Your contracting partner will be Kern & Sohn GmbH, Ziegelei 1, 72336 Balingen, Germany.



2.2   The presentation of goods and services on our websites or in our catalogues and prospectuses shall not represent a binding offer.



2.3   Your order to us shall constitute a binding offer to conclude a contract with us. The contract shall materialise when you take delivery of our order confirmation.
 
 
 

















     3. Prices  






 









 
Our prices are ex works Balingen – Frommern. You will bear the costs of packaging, freight, postage, customs duties and insurance.
 
 
 

















     4. Right of revocation for consumers  






 









 
If you have ordered the goods as a consumer, i.e. not for commercial purposes or as an independent trader, you shall have a right of revocation:



Explanation of your right of revocation:



Right of revocation



You may revoke your contractual declaration within 14 days, without giving reasons, in writing (for example by letter, fax or e-mail), or, if you are given the item in question before this period expires, by returning that item. This period shall commence when the recipient of the product has received this written notification, albeit not before receipt of the product. The timely dispatch of the notice of revocation or of the item in question by the end of this period shall constitute sufficient notice. The notice of revocation must be sent to:



Kern & Sohn GmbH

Ziegelei 1

72336 Balingen

Germany






Consequences of revocation




In the event of valid revocation, the goods already received by both parties must be returned and any benefits that may have been received (e.g. interest) must be handed over. If you are unable to return to us all or some of the goods received, or can only return them in an impaired state, you may be required to reimburse us their value. In the event of deterioration of the item in question, you need only reimburse us its value inasmuch as the deterioration is due to handling of the item beyond an examination of its features and method of functioning. "Examination of its features and method of functioning" shall mean testing and trying out the goods in question, such as is possible and customary in a retail outlet. Physical items that are able to be sent by parcel delivery must be returned at our expense and risk. We will collect from you any items that cannot be sent by parcel delivery. Payment refund obligations must be fulfilled with 30 days. For your purposes, this period shall commence when you send your declaration of revocation, and for our purposes, it shall commence when we receive it.

 
 
 

















     5. Special instructions in relation to returns  






 









 
If you have to return the product ordered, please affix sufficient postage to it, in order to avoid increased costs. We will be forced to invoice you for any shipments that are sent with insufficient postage. We cannot accept delivery of non-prepaid shipments.



Please send the product to the following address:



Kern & Sohn GmbH

Ziegelei 1

72336 Balingen

Germany




If you are required to make a return without charge, we will happily collect the product from you. In order to agree a collection, please contact us at the following e-mail address: info@kern-sohn.com or by phone on: 0049-[0]7433-9933-0.



Where possible, you should restore the as-delivered condition by using the original packaging. Please note that all documents, such as operating instructions, guarantee card etc. must also be returned.



Otherwise, please return the product to us in packaging that is secure enough for transportation, including sturdy outer packaging.



Devices which have been put on the market with initial verification may not – by law - be subject to initial verification again. If these devices are returned, the residual value of such devices is very low. So there is greater economic loss, as the value may be between half of the original device value and the full value. When accepting returns, this loss of value will be deducted by KERN.
 
 
 

















     6. Claims in the event of defects  






 









 
Statutory rules shall apply.



If you have ordered the product for commercial purposes or as an independent trader, the right to make claims in relation to defects shall become time-barred 12 months after delivery of the product in question.
 
 
 

















     7. Reservation of title  






 









 
We shall reserve title to the products delivered until the purchase price has been paid in full.
 
 
 

















     8. Liability  






 









 
We shall carry unrestricted liability for intentional damage or damage caused through gross negligence and where there is mandatory liability under the Produkthaftungsgesetz [German Product Liability Act]. In the event of simple negligence, we shall only be liable for a breach of material contractual obligations that compromises the purpose of the contract. Material contractual obligations shall be those obligations that actually enable fulfilment of the contract and upon fulfilment of which you may rely in all honesty. In this case, the basis and amount of damages shall be limited to those losses that we could reasonably have predicted at the time of conclusion of the contract, on the basis of the circumstances known to us at that time. Indemnification of pure financial losses (such as failed production or lost profit) shall be limited by the general principles of good faith, for example, in circumstances in which there is a disproportionate difference between the amount of the payment and the amount of the loss. We shall not be liable for default and breaches of obligation if we could not have affected the causes thereof through reasonable effort. The provisions under this clause shall apply accordingly in the event of competing claims in tort. We can accept no additional liability. Product risks must be reported to KERN.
 
 
 

















     9. Other matters  






 









 

You may only claim a right of setoff or retention in relation to claims that are either uncontested or have been the subject of final judicial approval.



The governing law shall be German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction shall be Balingen.


Obtaining approvals in non-EU countries is the responsibility of the distributor.