 |
|
|
|
|
About us /
General terms of business
|
|
|
|
|
| |
1. Contracting partner, governing law
1.1 The company Kern & Sohn GmbH (hereinafter referred to as KERN) is the contracting partner of the customer and the user of these General Terms of Business.
1.2 KERN performs exclusively on the basis of these General Terms of Business. We hereby oppose the Customer's own terms of business.
1.3 These General Terms of Business and all amendments hereto are permanently accessible online on the KERN website at http://www.kern-sohn.com. It is agreed that the announcements of amendments on the website shall constitute adequate notification.
|
|
|
| |
2. Contract conclusion
2.1 Details of KERN's products/ services and their prices on all websites, in particular in connection with the ordering procedure, and on all advertising materials, do not constitute binding offers. A contract is deemed to have been concluded with KERN when the company delivers a written order confirmation.
2.2. If the Customer suffers a serious deterioration in its financial circumstances after concluding the contract, or if KERN subsequently learns of a serious deterioration in the Customer's financial circumstances that arose prior to conclusion of the contract, KERN shall be entitled to withdraw from the contract or to demand a cash payment in advance.
2.3 Right of revocation for consumers
A consumer is a natural person who concludes a contract for a purpose that cannot be attributed to either his commercial or independent professional activity (§ 13 BGB [German Civil Code]. A consumer thus defined enjoys the following right of revocation:
Right of revocation
Consumers as defined above may revoke their statement of contract within two weeks, in writing (e.g. via letter, fax or e-mail), without giving reasons, or by returning the item in question. This period shall commence at the earliest upon receipt of their instruction. 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-Frommern
Germany
Tel: 0049- [0]7433-9933-0
Fax: 0049- [0]7433-9933-149
E-Mail: info@kern-sohn.de
Consequences of revocation
In the event of effective revocation, the products/services 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 all or some of the products/services received, or can only return them in an impaired state, you may be required, where applicable, to reimburse us their value. In the case of the delivery of physical items, this shall not apply if the deterioration of the item in question is solely due to its testing, such as would be possible for example in a shop. For the rest, you can avoid the obligation to reimburse the value of a physical item by not using it as if you owned it and by refraining from doing anything that compromises its value. 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 not sent by parcel delivery.
|
|
|
| |
3. Complaints and returned goods
3.1 The KERN prices shall be ex works Balingen-Frommern plus taxes and duties payable, namely value added tax within Germany.
3.2 Where there are no special shipping instructions, KERN itself shall select the shipping method and route. The Customer shall be responsible for packaging, freight, postage, customs duties and insurance. KERN shall contract an insurance policy only in response to an explicit request to do so by the Customer. The packaging shall be charged at cost and taken back. In the event of deliveries abroad, the Customer itself shall also bear the additional taxes and customs duties.
3.3. The place of performance shall be the registered office of KERN in Balingen-Frommen. The delivery period shall commence on the date of KERN's order confirmation, albeit not before all the contract execution details have been clarified. Delivery time information shall be only approximate. Operational problems of all kinds suffered by KERN and its suppliers, and also instances of force majeure, shall entitle KERN to extend the delivery period accordingly, and if necessitated by the actual circumstances arising, shall fully or partially cancel its delivery obligation. Force majeure shall constitute circumstances that make it unreasonably difficult or impossible for KERN to deliver. Risk shall in any event transfer to the Customer when the goods are handed over to the carrier or haulier, and at the latest when they leave KERN's factory.
3.4 KERN shall be authorised to arrange part-shipments. The Customer must pay separately for each part-shipment.
|
|
|
| |
4. Warranty
4.1 The Customer must examine the items delivered as soon as they arrive, in order to ascertain any shortfalls and external defects. These must be notified in writing no later than 10 days after arrival of the goods, indicating the order and delivery note number, failing which no rights may be derived out of any defects. The statutory provisions shall apply to any hidden defects.
4.2 The warranty period shall be 24 months.
4.3 KERN shall be liable for defects as laid down by law, and may elect either to repair defective items or else to supply replacements. KERN may make at least two attempts at repair or replacement delivery. Only after two failed attempts may the Purchaser cancel the contract as laid down by law, or else elect to reduce the purchase price.
4.4 However, KERN shall not be obliged to perform under the warranty if the defect is proven to have been the result of action by the Customer or by a third party.
4.5 Goods that are subject to complaint may only be returned, at the Customer's expense and risk, subject to the approval of KERN. Notification of a defect shall not release the Customer from its payment obligation.
4.6 If the Buyer is a business entity, then in the event of a product recall by KERN the Buyer shall be obliged to make available to Kern the contact details (address, contact name, telephone number) of users of the affected products within 14 days. KERN undertakes to make no further use of provided contact details other than for execution of the recall campaign. Where the Buyer fails to comply with this obligation, the manufacturer's warranty for the affected products shall be null and void and the Buyer shall bear responsibility for any safety risk associated with the product.
|
|
|
| |
5. Payment
5.1 All invoices shall be payable net, in cash, according to the payment term agreed in the order confirmation, albeit no later than 30 days after the invoice date.
5.2 In the case of payments of all kinds, the payment date shall be the date on which KERN is able to withdraw the funds. In the event that the agreed payment dates are overrun, the consequences of default shall take effect without the need for separate formal notification, even with respect to receivables that are not yet due.
|
|
|
| |
6. Reservation of title
6.1 The goods delivered shall remain the property of KERN until payment is made in full.
6.2 KERN exclusively accepts the payment methods notified at the time of conclusion of the contract (see 5. Payment).
6.3 In the event of return of a direct debit or if a direct debit is not honoured, the Customer hereby irrevocably authorises its bank to notify KERN or its agent of its name and current address.
6.4 In the event of resale and processing of the goods, which is only permitted as part of a proper business operation, the Purchaser hereby assigns to KERN the claims due to it as a result of the resale or processing.
6.5 The Purchaser must, on request, provide detailed information in relation to the further use or processing of the goods delivered and the resulting receivables.
6.6 The Purchaser must inform KERN immediately of the seizure of, or other interference by third parties with such reserved goods or the assigned claims arising out of the resale or processing, and must send it a copy of the associated documents.
|
|
|
| |
7. Default
7.1 As soon as the Customer defaults, KERN shall be entitled to charge default interest of 8 percentage points above the base rate to companies (§ 14 BGB) and of 5 percentage points above the base rate to consumers (see 2.4 above), provided a lower loss is not proven.
7.2 KERN will levy a flat rate handling fee of EUR 10.- (incl. VAT), in addition to the bank charges incurred, for each direct debit that is returned or is not honoured, unless a lower loss is proven. This shall of course not apply at all if the failure to honour the direct debit, or its return, are the result of inappropriate behaviour by KERN.
7.3 KERN shall also be authorised to charge a handling fee of EUR 10.- (incl. VAT) per justified formal reminder, unless a lower loss is proven.
|
|
|
| |
8. Liability
8.1 KERN shall in principle only be liable for the goods/services it provides if it has acted with intent and gross negligence.
8.2 It shall not be liable in the event of minor negligence, except where there is loss of life, physical injury or impairment to health, claims under guarantee or under the Produkthaftungsgesetz [German Product Liability Act]. This shall not affect liability for breach of duties whose fulfilment allows the proper performance of the contract, and on adherence to which the other contracting party customarily relies and is entitled to rely ("material contractual obligations"). However, in such circumstances KERN shall only be liable for the predictable losses that are typical for this type of contract.
8.3 KERN shall not be liable for the infringement, due to minor negligence, of obligations other than those set out above.
8.4 Nor shall KERN be liable for problems and failures that are beyond its influence, in particular outside its physical network and databases, unless such failures have been caused there as a result of intentional or grossly negligent behaviour by KERN.
8.5 The Produkthaftungsgesetz shall apply without restriction to claims under that Act. Product risks must be reported to KERN.
|
|
|
| |
9. Set-off / right of retention
9.1 The Customer shall only be entitled to offset claims against KERN's receivables provided the Customer's counterclaims have been legally approved or have been acknowledged by KERN in writing, and provided all other legal requirements are met.
9.2 The Customer shall only have a right of retention if and inasmuch as the claims in question against KERN are based on the same contractual relationship with KERN.
|
|
|
| |
10. Place of jurisdiction
10.1 For Customers whose place of residence or normal place of abode or place of business is outside the Federal Republic of Germany, Balingen shall be the place of jurisdiction for all claims associated with this contractual relationship. However, KERN shall be entitled to sue the Customer at its general place of jurisdiction and/or to choose the latter's domestic law as the governing law of the contract.
10.2 Balingen is also agreed as the non-exclusive place of jurisdiction in all other circumstances.
|
|
|
| |
11. Severability clause / final provisions
11.1 If a provision of these terms and conditions should be invalid, this shall not affect the validity of the remaining provisions. A provision that comes as close as possible, in a legally valid manner, to the objective of the provision in question, shall replace the invalid provision.
11.2 As regards translations of its website that are published by KERN, the German version alone shall be authoritative in the event of any lack of linguistic clarity or of any other doubt.
11.3 Unless defined otherwise in these General Terms of Business or otherwise explicitly agreed, all statements made by the contracting parties may also be sent via e-mail. The written form requirement shall in principle also be deemed to be met if a signed document is sent by fax.
11.4 The content of the KERN websites is protected by copyright. The same applies in particular to these General Terms of Business.
|
|
|
| |
12. e-shop clause
The application of § 312e BGB par. 1 clause 1 no. 1 to 3 and clause 2 is excluded.
|
|
|
| |
21.04.2011
|
|
|
The Gnome Experiment
Why we so carefully calibrate our scales for local gravity
Visit the experiment
|
|
