Terms & Conditions
Sound Net UG (limited liability )
15234 Frankfurt Oder
§ 1. General information
§ 1.1 The following terms and conditions of business apply to all current and future business, contracts, deliveries and other services. Our general terms and conditions of business apply at the latest with the acceptance of the goods as binding.
§ 1.2 Deviating provisions of the contracting party are hereby expressly rejected for future business. They are for us also not binding if they are of the order is based and we have not expressly opposed them.
§ 1.3 The invalidity of a clause or part thereof shall not affect the effect of the remaining part.
§ 2 Offers, condition, written form
§ 2.1 All our quotations, information, recommendations and agreements are non-binding.
§ 2.2 Our offers may not be made accessible to third parties.
§ 2.3 All additional agreements must be in writing form.
§ 3 Prices
§ 3.1Only the prices valid on the delivery day can be applied. Unless a special fixed price has been agreed before.
§ 3.2 For further and new orders, the agreements made at previous orders are not binding, unless they are in turn confirmed by written order confirmation.
§ 4 Delivery Transfer of risk
§4.1 Commercial shortfalls or excess deliveries of the sold quantity are considered as contract fulfillment. We shall be entitled to partial deliveries to a reasonable extent.
§4.2 All our offers are non-binding. Deliveries are made in accordance with our operating conditions.
§4.3 Delivery dates are only binding on the basis of our written confirmation. Delivery dates are deemed to have been met if the goods leave the delivery point in time to arrive at the consignee at the pointed time. Claims for damages due to exceeding of agreed delivery dates are excluded.
§4.4 The transfer of risk to the customer takes place with provision of the goods for collection, at the latest with loading into the means of transport. We are not obliged to expressly inform the customer about the provision of the goods.
§4.5 If the delivery or collection is delayed for reasons for which the customer is responsible, the costs of storage and the risk shall pass to the customer.
§4.6 If the acceptance of the delivery by the customer is refused, then all resulting costs shall be borne by the customer.
§ 5 Delivery disruptions
§ 5.1 If we are prevented by non of us represented conditions (force majeure, catastrophes, strikes), we are exempted from our obligation to deliver for the duration of the effects. If an agreed delivery date is exceeded by more than 4 weeks, the customer is entitled to set us a reasonable grace period. If delivery is not executed until the expiration of the grace period, the customer has the right to cancel the contract. The resignation must be declared to us in writing form after expiry of the grace period.Until the receipt of the cancellation, we are entitled not to supply.
§ 6 Notice of Defects
§6.1 Obvious damage in transit must be reported in writing form without delay and must be documented by the transport company. Hidden transport damage must be reported to us in writing within 3 days after receipt of the goods and documented with a picture.
§6.2 False deliveries or shortages are to be reported immediately in the sense of § 377 HGB in writing form. At the latest, the complaint must be made within one week after receipt of the delivery.
§6.3 Recognized as defective goods will be rectified by us or replaced with faultless goods. We are also entitled to compensate for the reduction in value instead of replacement or repair. Any further claims, regardless of the legal reason are excluded.
§6.4 If we have to pay damages on the basis of the contract, or for any other contractual or non-contractual legal basis, then we only have to compensate the immediate damage, but never any further damage. We are also not liable for consequential damages. If we are obliged to pay compensation, our liability shall remain limited to the amount of the respective purchase price.
§ 7 Terms of payment
§7.1 If no other agreements have been made, all payments must be made free of charge within 14 days of invoicing.
§7.2 It is extended retention of reservation of title
§7.3 In case of seizure of our goods the customer is obliged to notify us of this without delay.
§7.4 Deliveries abroad are made without exception only against advance payment or irrevocable letter of credit.
§ 8 Payment Disruption
§ 8.1 In case of late payment, all benefits, discounts and other benefits granted will lapse.
§8.2 If the customer does not fulfill his payment obligations or circumstances, which question the creditworthiness of the customer, eg. if you have to cancel your payments, make direct debits or other circumstances, we are entitled to pay the entire remaining debt. In this case we are entitled to demand advance payments or security deposits, and also we are free to keep supplies wholly or partly or reject it and request the immediate payment of all accounts still outstanding.
§ 9 Prohibition of assignment
§9.1 Claims accruing to the customer against us, he can only give up with our consent, pledge or beyond in any other way.
§ 10 Exchange and return of the good
§10.1 Return of goods, exchanges are only possible after prior approval by us. The return of the goods must be free. Return, exchange is excluded for goods specially made for the customer. For handling and restocking, we charge 15% of the value of the goods.
§ 11 Choice-of-law Clause and Legal Venue
§11.1 For all present and future claims from the business relationship with the customer, exclusive jurisdiction is 15234 Frankfurt (Oder).
§11.2 Our business is exclusively subject to German law, under the exclusion of the UN law on the international sale of goods (CISG).
§ 12 Severability
§12.1 The contract remains binding even if individual points of these general terms and conditions are ineffective.