General Terms and Conditions
These terms and conditions apply to all contractual relationships between LiTech Power GmbH and its customers. Different terms and conditions of the customer are not valid, even if LiTech Power does not contradict in individual cases.
2. OFFER AND SERVICE / DELIVERY
Our offers, in particular those through IT systems, are subject to change with regard to price and delivery options and are non-binding and are subject to timely delivery and availability of the products.
Orders are only considered accepted for us when we have acknowledged the acceptance in writing by means of an order confirmation. Order confirmations created and sent by IT systems are not legally binding for us. Paying in advance before delivery does not constitute an acceptance of an order or an obligation to deliver. If we reject an order in whole or in part, we will immediately reimburse the customer for amounts paid in advance.
Our prices for companies within the meaning of Section 14 of the German Civil Code are non-binding. We expressly reserve the right to change prices due to exchange rate, sea and air freight fluctuations. Unless otherwise agreed, our prices are ex our warehouse in Hamburg, excluding packaging. In principle, the prices that were displayed to the customer on the respective Internet pages or the price list at the time of the order apply. We expressly reserve the right to improve obvious errors. In these cases the customer has the right to withdraw from the contract in whole or in part. Further claims are excluded.
Our order confirmation is decisive for the scope of the services.
Subsidiary agreements, changes to the contract and additions, illustrations, drawings, dimensions and weights or other performance specifications as well as the assurance of properties or the like are only deemed to have been given if they have been confirmed in writing by an order confirmation.
In the case of orders via commercial agents, auction houses, intermediaries and internet dealers, only the conditions agreed between the buyer and LiTech Power GmbH apply to the purchase and purchase.
The prices are exclusive of the VAT rate currently valid in Germany (19%). The prices apply plus the calculated shipping costs, which can be displayed depending on the possibilities of the selected type of contract.
3. SHIPPING OF GOODS
We determine the route and means of transport, provided the buyer does not require a special type of dispatch.
4. TRANSFER OF RISK
The risk is transferred to the buyer at the start of loading, at the latest when the goods are handed over to the carrier. If the delivery for transport is delayed by circumstances in the area of the buyer, the risk is already transferred at the time of our readiness for delivery. We must be notified in writing of any failure to receive an ordered shipment no later than 3 days after receipt of the invoice. Returns are at the expense and risk of the buyer, unless the return is due to a justified defect, complaint due to incorrect delivery, (manufacturing or material defects) or unsolicited goods.
5. PRICES AND PAYMENT
Deliveries are only packed and (transport) insured upon confirmation and at the expense of the buyer. If a delivery period of more than 4 months is agreed, LiTech Power GmbH is entitled to pass on any increases in costs (fluctuations in exchange rates, material, production, personnel, delivery, etc.) to the buyer to the appropriate extent. In this case, the prices set by LiTech Power GmbH on the day of delivery apply as agreed. In all cases in which the material / design is changed because the documents and samples provided by the buyer did not correspond to the actual circumstances / were incomplete, LiTech Power GmbH can change the prices appropriately according to the costs incurred, even after the contract has been concluded.
Invoices are payable at the contractually agreed times, at the latest within 14 days after the due date and receipt of the invoice, equivalent payment schedule or receipt of the delivery or services in cash or by bank transfer without deduction. At the end of these 14 days, default occurs automatically. If payment is delayed, especially if the buyer is in default of payment, without proof being required, interest of 7% above the applicable base rate is due. The default interest is due immediately. The assertion of further damage by LiTech Power GmbH is not excluded. The buyer can only offset claims that have been legally established or are undisputed. The same applies to the exercise of the right of retention. If the buyer defaults on a payment, all claims of LiTech Power GmbH against the buyer are due immediately.
6. RESERVATION OF TITLE FOR DELIVERY OF GOODS
The delivered products remain our property (reserved goods) until payment of all claims, including future claims, from our business relationship with the buyer (contractual partner). This also includes claims that we have placed in a current account. The buyer may sell the reserved goods in the ordinary course of business, against immediate payment or with retention of title. The buyer is not entitled to other dispositions, in particular for security transfer and pledging.
The buyer already now assigns his claims from the resale of the reserved goods including the corresponding claims from bills of exchange with all ancillary rights to LiTech Power GmbH. If the reserved goods are sold by the buyer together with other goods that do not belong to us at a total price, the assignment is only made in the amount that we have charged the buyer for the reserved goods including value added tax.
Claims for damages and insurance that the buyer acquires due to loss of or damage to the reserved goods are hereby assigned to LiTech Power GmbH. Until further notice, the buyer is entitled to collect the claims assigned to us. An assignment or pledging of these claims is only permitted with our written permission. If circumstances arise with the buyer which in our opinion no longer justify the granting of a target, the buyer must, at our request, inform the debtors of the assignment in writing and authorize them to provide us with all necessary information and documents.
The buyer must grant us access to our reserved goods that are still in his possession, give us a detailed list of the goods, sort out the goods and return them to us. If the value of these secured goods exceeds the amount of our claims by more than 25%, we will release the security at our discretion at the request of the buyer.
The buyer has to inform us immediately in writing about the access of third parties to our reserved goods or the claims assigned to us and to support us in every way with the intervention.
The buyer bears the costs of fulfilling the aforementioned obligations to cooperate in compliance with all of our rights from the retention of title as well as all uses made for the purpose of preserving and storing the goods.
7. LIABILITY FOR DAMAGES
Claims for damages by the buyer based on a slightly negligent breach of our contractual or legal obligations are excluded regardless of their legal basis or the type and scope of the damage that has occurred.
For damage caused by gross negligence, our liability for services to merchants is limited to compensation for the damage foreseeable when the contract was concluded.
8. THIRD COUNTRY COPYRIGHT
We point out that the export of our goods may conflict with copyrights or related property rights of third parties in other countries. We do not accept any liability if claims are made against the buyer by the holders of such foreign rights.
9. FOREIGN BUSINESS
The provisions of the Hague Conventions on international sales contracts do not apply.
As our intellectual property, our suggestions and ideas may not be used in any other way without our consent. We will assert claims for damages in the event of non-compliance and violation.
11. PLACE OF PERFORMANCE, PLACE OF JURISDICTION
The place of performance for all obligations arising directly or indirectly from this contractual relationship - including the obligation to pay - is Hamburg. If both parties to this contract are merchants, the district court of Hamburg is agreed as the place of jurisdiction.
12. LONG TERM CONTRACTS
In the case of contracts that are fulfilled at least six months after the conclusion of the contract, we reserve the right to pass on a price increase on the part of our suppliers and due to exchange rate fluctuations to the buyer. In the event of a disproportionate price increase, the buyer is entitled to withdraw from the concluded contract. Any costs and fees already incurred will be borne by the buyer.
13. SAMPLE DELIVERIES
Up to 10 samples will be sent to you free of charge for a period of up to 2 weeks. Afterwards, these will automatically become your property for a fee of 35.00 euros, for which you will receive an invoice. Samples must be delivered to us carriage paid.
14. SEVERABILITY CLAUSE
The ineffectiveness of one or more provisions of this contract does not affect the effectiveness of the rest of the contract. The parties are obliged to retrospectively replace the ineffective provisions with effective provisions that come as close as possible to the economic purpose pursued by the ineffective provision.
LiTech Power GmbH
22177 Hamburg, Germany
Tel .: +49 040 6000 98 96
Register court: Hamburg
VAT ID no .: DE 300 764 008
HRB no .: 137 117
Managing director: Heng Zhang
WEEE reg. No. DE 50558857
UBA No. 21006903
IBAN: DE93 2004 0000 0629 6123 00
China Factory ShenZhen 1: Building 3, Fulian Industrial Park, Jianhui Rd # 82, Longhua, Shenzhen, China
China Factory ShenZhen 2: Block 9-10, BaoShan # 4 Industrial Park, PingShan New District, ShenZhen, China.
China Factory Dongguan: 4F, Bldg B, RuiXin HengYe Industrial Park, TaiXing Rd # 18A, ShiGu District, TangXia Town, DongGuan, China