General terms and conditions
Rausch Technik GmbH
The following terms apply both to the present order and to all future transactions with the customer. Provisions of the customer that contradict our terms, for example in order forms, are only binding on us if we have acknowledged them in writing.
Verbal agreements are only valid if confirmed in writing.
Unless they are limited in time, our offers are always non-binding. Orders are only legally valid after written confirmation, the content of which is decisive for the contractual relationship. For accepted orders the prices are fixed. However, the seller reserves the right to apply a corresponding surcharge in the event of an increase in wages, freight or taxes, as well as price increases by subcontractors. Estimates for repair work are prepared as accurately as possible but are non-binding. Installation prices are always non-binding. Prices are in principle ex works, plus VAT and other expenses, including installation prices. The buyer is entitled to object within 8 days of receiving the order confirmation if he does not agree with the delivery and payment terms. Otherwise, the above terms apply.
The delivery periods stated are non-binding, and exceeding them does not entitle the buyer to withdraw from the contract. After the stated delivery periods have been exceeded, the buyer may only withdraw from the contract if he has set the seller a written grace period for delivery of at least one month. Any claims for damages are excluded. If the buyer withdraws from the contract before the end of the grace period to be granted, the seller is entitled to charge 30 % of the purchase price for administrative costs and loss of earnings. We are entitled to make partial deliveries. Used goods cannot be returned. This also applies to devices that have only been used briefly, e.g. for installation purposes. Special versions, including installation kits and partitions, are excluded from exchange or return.
Shipping is carried forward ex works. Upon handover to the forwarder or carrier, and at the latest when leaving the works, the risk, including the risk of seizure, passes to the client or buyer. In the absence of special instructions, the route and means of transport are chosen at our best discretion, without any liability for the cheapest or fastest freight. In the event of transport damage, the recipient must request a damage report from the transport company concerned. All claims against Deutsche Bundesbahn or another carrier are hereby assigned to the seller in advance. In addition, the recipient must provide a declaration of assignment so that the damage can be reported to the railway or the carrier’s insurance.
The seller is liable for defects in the goods, to the exclusion of further claims, in such a way that he must repair free of charge or, at his option, replace all parts that become defective or unusable within 24 months of handover as a result of demonstrable material or workmanship defects and that have been reported to the seller in writing immediately after the defect became known, enclosing the warranty certificate and a warranty claim. A warranty is only granted to the first buyer. Goods complained about must be sent to the seller carriage paid, stating the name and address of the buyer. The buyer must give the seller the necessary time and opportunity to carry out the replacement delivery. Replaced parts become the property of the seller. Complaints can only be considered if they have been notified to the seller in writing within one week of receipt of the goods. Excluded from the obligation to replace are: damage caused by natural wear and tear, negligent or improper handling, and the use of unsuitable materials. Likewise excluded from the obligation to replace are parts that the supplying works does not manufacture itself. For these, only the warranty granted to the seller by the manufacturers of these items is assumed. Liability for loss of use or for the costs of temporary replacement, such as rental car costs, is excluded. Necessary adaptations of the car to the wheelchair, such as removing the boot cover, folding down the rear seat, cutting out trim, etc., are to be carried out at the seller’s discretion and do not constitute grounds for complaint. Rescission of the purchase contract, reduction of the purchase price or claims for damages of any kind are excluded. Preferably, the car’s original power socket is used as the connection source, regardless of whether the car manufacturer uses terminal 15 or terminal 30 here, if possible. Otherwise, the connection is made directly to the car battery. The warranty obligation lapses if repairs or modifications are carried out by anyone other than the seller or the supplying company.
We exclude any claims for damage to property and personal injury, including consequential damage, caused by our devices or their installation, and also for damage not directly connected with our devices or the installation. In particular in the event of traffic accidents, we accept no liability whatsoever for damage in any form, regardless of whether an inspection by the TÜV or other testing bodies has already taken place or will take place. We expressly point out that no crash tests have been or will be carried out with our devices or installations. In our opinion, the safety corresponds to the carriage of loose goods of the same kind in a car.
Unless different payment terms are specified in our offer, payment must be made within 14 days of the invoice date, net, without deduction. If the due date is exceeded, we charge 3 % above the Bundesbank discount rate, subject to further claims. Failure to comply with the payment terms, or circumstances that become known to us after the respective conclusion of the contract and that are likely to reduce the customer’s creditworthiness, result in all of our claims becoming immediately due, regardless of the term of any bills of exchange accepted. They also entitle us to carry out outstanding deliveries only against advance payment or the provision of security, and, after a reasonable grace period, to withdraw from the contract or demand damages for non-performance, without prejudice to the right to take back, at the customer’s expense, goods delivered under retention of title. Replacement deliveries and repairs are payable net without any deduction immediately upon receipt of the invoice. We expressly reserve the right to make deliveries cash on delivery. The withholding of payments, including set-off against counterclaims of the customer, is excluded unless these have been acknowledged by us or finally determined by a court. For invoice amounts of €3,000 or more, we deliver exclusively cash on delivery or against advance payment.
The goods delivered remain our property as security for all our present and future claims arising from the business relationship, including conditional or time-limited claims.
The buyer’s claims arising from the resale of the goods subject to retention of title are hereby assigned to us. As long as he fulfils his obligations to us, the buyer is entitled to collect the assigned claims.
Otherwise, he is obliged, upon request, to provide the addresses of the customers and the amount of the claims, with copies of invoices. The buyer expressly authorises us to notify the customer of the assignment at our discretion. If the value of the securities exceeds our claims by more than 25 %, we are obliged, at the buyer’s request, to release securities of our choice to the extent of the excess value.
Our liability is governed exclusively by the agreements made in the preceding sections. All claims not expressly granted there, including claims for damages, regardless of the legal basis, including for breach of ancillary contractual obligations, pre-contractual obligations and in tort, are excluded. This does not apply where liability is mandatory in cases of intent, gross negligence or the absence of warranted characteristics.
If, in the countries in which the customer will resell our products, product liability or product safety regulations apply that differ from German law, in particular stricter ones, the customer must point this out to us when placing the order. In this case we are entitled to withdraw from the contract within one month. If the customer fails to provide this information, we may withdraw from the contract within one month after we learn of the relevant legal situation. In the latter case, the customer is obliged to indemnify us against third-party claims that go beyond our liability in a comparable product liability case in Germany. This also applies if we adhere to the contract. The law of the Federal Republic of Germany applicable to legal relationships between domestic contracting parties applies without exception; the application of the UN Convention on Contracts for the International Sale of Goods or US law is hereby expressly excluded.
All verbal and written information on the suitability and possible applications of our goods is given to the best of our knowledge. The customer is not released from the obligation to satisfy himself, by his own testing, of the suitability of the goods for the intended purpose.
The place of performance and jurisdiction is Balingen. German law applies to the contractual relationships.
Please note that stricter statutory provisions apply to custom-made products. Changes and structural interventions are only possible if they meet safety requirements and the express written approval of the management of Rausch Technik GmbH has been obtained.
If, for any reason, individual provisions of the above delivery and payment terms are invalid or not binding, the validity and binding nature of the remaining provisions are not affected.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the order.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or an email).
To meet the withdrawal deadline, it is sufficient that you send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.