General Terms and Conditions of Sale and Delivery

AMI Förder- und Lagertechnik GmbH

Valid unless expressly agreed otherwise in writing. The
terms and conditions apply to entrepreneurs (Section 14 BGB) and consumers (Section 13 BGB), unless expressly limited to entrepreneurs.

1. offers and conclusion of contract
1. Offers from AMI Förder- und Lagertechnik GmbH (“AMI”) are subject to change and are valid for 14 days from the date of the offer.
2. A contract shall only come into effect upon written order confirmation from AMI.
3. Verbal collateral agreements or changes to the agreed services require written confirmation from AMI to be effective.
4. We reserve the right to prior sale of the goods offered.

2. technical documents and industrial property rights

1. drawings, plans, calculations, samples, brochures, catalogs and other documents (“documents”) remain the property of AMI and may not be reproduced, made accessible to third parties or used in any other way without prior written consent.
2. technical data, illustrations and descriptions in catalogs, brochures or other documents are non-binding unless they are expressly designated as binding. We reserve the right to make changes.

3 Prices, terms of payment, shipping and packaging

1. all prices in the online store are net prices in euros, plus statutory value added tax, which is shown separately in the shopping cart.
2. the delivery clause DAP (Incoterms® 2020) applies, unless expressly agreed otherwise. Transport and insurance costs shall be borne by the customer.
3. Packaging costs shall be borne by the customer. Packaging material will be charged at a flat rate and will not be taken back.
4. Unless otherwise agreed, the purchase price is due immediately and payable without deduction.

4. delivery time, force majeure and delay in delivery

1. the delivery period begins on the date of the written order confirmation and assumes that all technical and commercial details have been clarified, the customer has fulfilled his obligations to cooperate and agreed payments or securities have been made.
2Force majeure: Events of force majeure and other unforeseeable, extraordinary circumstances for which AMI is not responsible – in particular natural disasters, epidemics, pandemics, war, strikes, lockouts, official orders, shortages of energy or raw materials, operational disruptions or delays in delivery by upstream suppliers – shall extend the delivery period by the duration of the hindrance plus a reasonable start-up period. This shall also apply if such events occur during a delay in delivery.
3. Delays in delivery due to force majeure or comparable circumstances shall not entitle the customer to withdraw from the contract, demand compensation or assert other claims.
4. In the event of a delay for which AMI is responsible, liability shall be limited to the verifiable, typically foreseeable damage. Indirect damage, loss of profit or loss of production shall not be compensated.
5. If the hindrance lasts longer than six months, both AMI and the customer shall be entitled to withdraw from the part of the contract that has not yet been fulfilled. Services already rendered shall be invoiced.

5. retention of title and insurance obligation

1. The delivered goods remain the property of AMI until full payment of all claims – including future claims – arising from the business relationship.
2. The customer is entitled to resell the reserved goods in the ordinary course of business, but hereby assigns to AMI all claims arising from the resale in the amount of the invoice value of the reserved goods.
3. Pledging or transfer by way of security of the reserved goods is not permitted. In the event of seizure by third parties, the customer must notify AMI immediately in writing.
4. The buyer is obliged to insure the goods subject to retention of title at his own expense at replacement value against fire, water, theft and other damage. The buyer shall assign claims arising from the insurance to AMI in the amount of the outstanding invoice amount.

6. notice of defects, warranty and exclusions

1. the statutory warranty periods shall apply unless they have been contractually shortened in the B2B relationship.
2. the customer is obliged to inspect the delivered goods immediately and to report defects in text form. Obvious defects must be reported within 7 calendar days of delivery, hidden defects immediately after their discovery. If the complaint is not made in good time, the delivery shall be deemed to have been approved.
3. Transport damage must be reported to the carrier and AMI immediately in writing.
4. In the event of a justified complaint, AMI shall, at its own discretion, repair or replace the goods. If the subsequent performance fails or is unreasonable, the customer may demand a reduction in price or – in the case of significant defects – withdraw from the contract.
5. The warranty does not cover in particular Normal wear and tear and wearing parts, damage caused by improper use, inadequate maintenance, installation without AMI authorization, external influences or unsuitable operating materials.

7. liability

1. AMI shall be liable without limitation in the event of intent, gross negligence, injury to life, limb or health, under the Product Liability Act and to the extent of a guarantee assumed.
2. In the event of simple negligence, AMI shall only be liable for breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical of the contract.
3. Liability for indirect damage or consequential damage, in particular loss of production, business interruption, loss of profit, loss of use, contractual penalties or other financial losses, is excluded to the extent permitted by law.

8. special conditions for complete systems, installations and project cancellations

1 For the delivery and assembly of complete systems, the respective valid special terms and conditions for the delivery and assembly of systems of AMI Förder- und Lagertechnik GmbH shall apply in addition or in deviation.
2. Cancellation or amendment of the order by the customer requires the written consent of AMI.
3.If cancellation is accepted, the customer shall bear all costs incurred up to that point, including planning, design, material, third-party service and production costs, as well as a processing fee of 10% of the net order value.
4. Partial services that have already been started or completed shall be invoiced at the agreed price.
5. The right to withdraw for good cause remains unaffected.

9 Applicable law and place of jurisdiction

1. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of jurisdiction for all disputes is – as far as legally permissible – the Montabaur Local Court.