General Terms and Conditions

General terms and conditions of Aerne Analytic GmbH

1. General
   • Our general terms and conditions refer to all deliveries and performances as well as for future ones. In addition to that given terms of a license added to the products of the manufacturer on which we refer obtain.
   • Deviations from these general terms and conditions, supplementary agreements and subsidiary agreements must be in writing or expressly confirmed in writing.
   • Our offers and information regarding the devices and product descriptions we sell are subject to change unless an express written assurance is given. In view of the constant technical development and improvement of our products, we reserve the right to make changes in design and execution compared to the information provided in our various publications, provided this does not affect the value of the products we offer. This also applies to changes that serve to maintain the ability to deliver the products we offer.
   • Contracts of purchase only come off by a written order confirmation or the acceptance of the sent goods by the customer.
   • Transfer of rights and duties of the contract of purchase require a written acceptance by Aerne Analytic GmbH.

2. Prices, terms of payment
   • For delivery the current scheduled prices on the assignment of a mission or order confirmation apply.
   • Our prices are net plus VAT and shipping costs, excluding special accessories or installation and other additional services, unless another agreement has been made in writing.
   • Our invoices are payable within 30 days except agreed otherwise. A payment is regarded as occurred as soon as Aerne Analytic GmbH can dispose of it. In case of a default of payment we are entitled to charge default interests of 3%. The enforcement of a furthermore damage for delay stays reserved. Cheques are only accepted after an agreement and first apply as payment after its honor. Discount and entry expenses are for the account of the customer. We do not assume liability for the submission in time.
   • If the customer does not take the goods we are entitled to demand on the acceptance or charge 10% of the purchasing price as generalized compensation. Aerne Analytic GmbH preserves the right to charge a detectable higher damage. During the period of default of acceptance Aerne Analytic GmbH is at the customers risk entitled to store the delivery item at their own stock, at a dispatch department or at an external warehouse keeper. For the duration of the delay in acceptance, the buyer must pay Aerne Analytic GmbH a flat rate of 1% of the net value of the goods per month for the storage costs incurred without further proof. If there accumulate higher costs Aerne Analytic GmbH can claim the costs from the buyer against verification. The across-the-board compensation reduces as the customer verifies that expenses or damages did not accumulate.
   • Rights of retention are only entitled to the customer if the counterclaim only is based on the same contractual relationship. A summation of the buyer is excluded but for the rights of retention of the customer are valid decided and are acknowledged by us.

3. Terms of delivery
   • Binding delivery times must be agreed in written form. The agreed term of delivery begins by the date of the order confirmation. The term is maintained if the delivery item was sent before expiring date.
   • The term of delivery extends until the purchaser gave us all for the execution necessary data and documents.
   • All agreed terms of delivery apply subjected to the right and in time delivery of the data and documents.
   • The delivery time extends adequate at arrangements because of work accidents, specially strike and lockout, as well as not substituted circumstances by us like legal or regulatory instructions (e. g. import and export restriction) or in cases of delay of delivery by acts of nature beyond control. The before named circumstances are also not substituted by Aerne Analytic GmbH if the delay forms during an already given delay. We inform the purchaser of beginning and ending of such obstacles as soon as possible.
   • If we default with the delivery our liability in case of ordinary negligence is restricted at an amount of 50% of the predictable damage. Further claims for damages only exist if the delay is based on culpable negligence.

4. Delivery, dispatch, transfer of perils
   • We are entitled to partial deliveries if not explicit agreed otherwise. Partial deliveries apply for obligations to pay, transfers of perils and warranty deeds as self-dependent delivery. The purchaser is not entitled to reject partial deliveries self-employed.
   • We can determine the shipping method, the shipping route and the company responsible for shipping at our discretion, unless the customer gives express instructions.
   • The danger exchanges to the purchaser as soon as the delivery leaves our stock. This applies regardless of who bears the costs.

5. Exchange or return
   • Exchange/ redemption only occurs from demonstrable wrong delivery. An ex-gratia payment must be agreed in written form from Aerne Analytic GmbH and is charged with a service fee of 10% of the value of the goods. This also applies if Aerne Analytic GmbH disposes the pickup to check the redemption. An exchange or redemption is excluded by opened or damaged original packaging.

6. Reservation of proprietary rights
   • We reserve the property of the goods until the complete payment of all receivables of the delivery contract included all other receivables like costs of financing, interest rates etc. In breaches of contracts of the purchaser we are entitled to reclaim the goods. In reclaim, as well as in execution, there is no retirement of the contract.
   • In case of executions or other interventions of third parties the purchaser must inform us immediately in written form.
   • Any processing or transformation of the purchased item by the purchaser is always carried out on our behalf. Will be the purchased item processed with other items that do not belong to us, we acquire co-ownership of the new item Ratio of the value of the purchased item to the other processed items at the time of processing.
   • If the purchased item is mixed with other items that do not belong to us, we acquire joint ownership of the item new item in the ratio of the value of the purchased item to the other mixed item at the time of mixing. If the purchaser’s item is to be viewed as the main item the purchaser must transfer proportional co-ownership to us.
   • The purchaser is entitled to resell the goods in a prober course of business. The purchaser resigns all receivables adverse the buyer or third parties of the resale in the amount of the final amount.

7. Guarantee/ disclaimer of warranty
   • Aerne Analytic GmbH guarantees for a period of 12 months from the delivery date that the delivery items will be delivered after current state of the art is free of errors. Warranty claims do not apply for spare and wear parts. Unessential deviations of color, dimensions and/ or other quality and performance features do not justify requirements of the buyer, in particular not warranty. Used devices are sold without warranty.
   • We assume no liability for defects and damage resulting from unsuitable or improper use, non-observance of application instructions or incorrect or negligent handling. This particularly applies for the operation of the devices with the wrong kind of current or voltage as well as the connection on improper power sources. The same applies for deficits and damages that occur because of fire, lightning stroke, explosion or electricity overvoltage, all kinds of humidity, wrong or missing software and/ or data unless the customer verifies that this circumstance is not causal for the reproved lack.
   • Any claim of warranty expires if the customer conducts any intervention and/ or repairs at the devices without explicit confirmation from Aerne Analytic GmbH in written form or through not from us authorized persons.
   • For the customer does not exist any reduction, rescission of the contract or supplementary performance if Aerne Analytic e. K. decides to accept repair transmittals at the end of the warranty. In this case Aerne Analytic GmbH transfers the repair to their supplier to enable the claim of an eventual longer warranty.
   • Obvious lacks need to get reported in written form immediately but at the latest 3 days after reception of the goods. Else any claim is excluded. In the commercial market the paragraphs 377 and 378 HGB come into operation.
   • Insofar as there is a lack of the product substituted by Aerne Analytic GmbH we are referred to § 439 BGB entitled to remedy the defect or to deliver a new device. A change into a superior product applies as accepted by now. Proceeded rights, especially a rescission of the contract of sale, can only be enforced after an adequate deadline to supplementary performance or twice failure of the supplementary performance. After one year expired after delivery date the warranty of remedy of defects or credit for the actual cash value confines at our own options. The buyer is bounded to perform a data protection at his own expense before deliver the device to repair or inspection.
   • An exchange within the scope of the warranty/ guarantee does not result in any new warranty of guarantee periods in force.
   • In cases where there is no purchase of consumer goods within the supply chain for our buyer, they will be found regulations § 474-479 BGB do not apply. If the buyer purchases the goods as part of a purchase of consumer goods resell, reimbursement of expenses incurred in accordance with section 478 of the German Civil Code (BGB) can only be demanded if for the proof of the origination of the expenses is provided. Reimbursement for such expenses will only be made up to a maximum of 2% of the net value of the goods granted. Further claims based on section 478 of the German Civil Code (BGB) are covered by the agreed 24-month period warranty in accordance with 7.1 of these general terms and conditions will be compensated as equivalent compensation in accordance with section 478 IV S. 1 BGB.
   • Unless otherwise agreed further claims, irrespective of legal basis, of the buyer are excluded. Because of that we are not liable for damages that did not result directly from the delivery item, especially we are not liable for loss of profit or other financial losses of the buyer. This existing release from liability does not apply if the damage was done with intent, culpable negligence or because of missing of a warranted property, breach of contractual obligations, failure to meet an obligation, impossibility to performance as well as claims that refer to § 1 and 4 of the law on product liability. We are not liable for restoration of data unless we determined the loss premeditated or grossly negligent and the buyer ensured that a data protection followed, so that the data can be reconstructed with passable effort.
   • In all cases claims of damages, as well as in remediation of the defect or additional supply, only can be used against us if we noticed intent or culpable negligence or there are missing warranted properties. Insofar our warranty is excluded that also applies for our employees, staff, representative and agents.

8. Retirement and compensations of unimplemented orders
   • We can resign from the contract if there emerges bankruptcy proceedings or composition proceedings, refusal of the bankruptcy in the absence of mass, acts of protest or other concrete informative basis about a worsening in the financial circumstances of the purchaser.
   • If we resign from the contract or do not perform the order because of reasons the customer substitutes the customer has to pay a flat rate compensation of 10% of the purchasing price for the expenditures and lost profit. We reserve the right to charge a demonstrable higher damage. The flat rate compensation derogates as the customer proves that the expenditures or a damage have not occurred.

9. Use of customer data
   • We are entitled to work with all data that concern the business connection referred to the Federal Data Protection.

10. Handling customer property
    • We, Aerne Analytic GmbH, are committed to providing all repair equipment that customers use in our company submitted for repair must be stored properly in our repair warehouse. This includes proper storage in accordance with applicable regulations and safety guidelines. In the event of a fall or otherwise we assume full liability for damage to the repair equipment during its stay in our repair warehouse for any damage or loss. Our liability extends to the repair or replacement of the damage devices. This statement is intended to provide our customers with the assurance that their devices are adequately protected during the repair process at our facility and that they are fully covered in the event of damage.
    • Additional we undertake to also keep all other customer property during its stay at our company to treat with care and take appropriate measures to prevent damage. We make all necessary arrangements to avoid damage, whether through safe storage, carefully transport or appropriate use of protection gear.
    • We place the highest priority on protecting our customers’ personal data and documents. All information provided by our customer is treated with strict confidentiality and used solely for its intended purpose. We implement appropriate technical and organizational measures to safeguard our customers’ data and documents from unauthorized access by third parties. Customer data will not be disclosed to unauthorized third parties or used for any purpose other than those agreed upon, unless we are legally required to do so. By using our services, our customers agree to these terms.

11. Export permit
    • For the export of the delivered goods required consent of the federal office for industrial economy in Eschborn/ Taunus need to be caught by the customer and on his own expense. The rejection of such an export permit does no entitle the customer to resign from the contract.

12. Place of performance, place of jurisdiction, severability clause, law applicable
    • As place of performance for all owing efforts of the contract, included reimbursements, Neu-Ulm is agreed for both sides.
    • In business connections with traders and corporate bodies under public law the place of jurisdiction for all lawsuits that result from the contract, included actions on a bill, is Neu-Ulm. We are also entitled to sue at the place of business of the customer.
    • In invalidity of particularly terms of the delivery contract or this conditions and terms the left terms stay active. In the cross-bordered shipping traffic the German law applies.

General terms and conditions of Aerne Analytic GmbH, as of September 2024