General Terms and Conditions of RVA Energietechnik GmbH & Co. KG (as of 01/01/2018)
The offers, deliveries, and services of RVA-Energietechnik are provided exclusively on the basis of these terms and conditions. Any deviating terms and conditions of our business partners are hereby objected to.
Offers are non-binding. All offer documents (including drawings and cost estimates, etc.) are the property of RVA-Energietechnik and may not be made accessible to third parties.
Valid contracts are only concluded once RVA-Energietechnik has confirmed the order in writing. The same applies to additions, changes, and side agreements. The written order confirmation is exclusively decisive for the type and scope of the delivery/services.
Drawings, illustrations, dimensions, weights, and other performance data are only binding if expressly agreed.
Unless otherwise agreed, all prices are ex works of the supplier. The applicable statutory value-added tax is added to this.
Deadlines for deliveries/services begin at the earliest upon receipt of the written order confirmation and are only binding if this has been expressly agreed.
In the event of delivery and performance delays due to unforeseen events beyond the control of RVA-Energietechnik (material procurement difficulties, operational disruptions, strikes, lockouts, etc., including at suppliers), the delivery period is extended appropriately.
In the event of delivery delays for which RVA-Energietechnik is responsible and which are not based on at least gross negligence, the customer may claim compensation – provided proof of the damage incurred. Excluding further claims, the compensation amounts to 0.5% of the affected partial or total net order value for each full week of the delay, but no more than 5% in total.
Partial deliveries and partial services are permissible at any time.
The risk of accidental loss or accidental deterioration of the delivery item passes to the customer as soon as the shipment has been handed over to the person carrying out the transport, or at the latest when it leaves the warehouse of RVA-Energietechnik or the manufacturer's plant for the purpose of dispatch.
Delivered items, even if they have minor defects, must be accepted by the customer without prejudice to their rights.
Transport damage is borne by the recipient. It must be established upon arrival of the shipment and asserted by the recipient with the carrier.
RVA-Energietechnik retains title to all delivery items until all claims arising from the entire business relationship with the customer have been settled. In the case of a current account, the entire retained goods serve to secure the balance claim. If the estimated value of the retained goods exceeds the outstanding claims by more than 30%, RVA-Energietechnik is obliged, at the customer's request, to release securities to that extent.
The customer may not sell, encumber, pledge, process, transfer as security, rent out, etc. the retained goods. If a third party acquires rights to the secured goods, the customer assigns to RVA-Energietechnik all rights arising therefrom, which RVA-Energietechnik accepts. Any processing is carried out for RVA-Energietechnik as manufacturer, but without obligation for RVA-Energietechnik. In the event of third-party access, the customer must point out RVA-Energietechnik's ownership and notify RVA-Energietechnik immediately. Intervention costs are borne by the customer.
In the event of the customer's conduct in breach of contract, as well as in the event of any risk to RVA-Energietechnik's rights, RVA-Energietechnik is entitled to collect and secure the retained goods at the customer's expense without further ado. For this purpose, the customer grants RVA-Energietechnik or third parties commissioned by RVA-Energietechnik the right of access to the storage locations.
All payments must be made in cash and without deduction upon delivery/acceptance. Payment orders, checks, and bills of exchange are only accepted following special written agreement and only on account of payment, subject to the charging of all collection and discount fees. Incoming payments are, at the discretion of RVA-Energietechnik, offset against claims (in the order of costs, interest, principal), unless the customer has made its own payment designation.
In the event of non-compliance with the payment terms, or if RVA-Energietechnik becomes aware after the conclusion of the contract that the payment claim is jeopardized by the customer's insufficient ability to pay, RVA-Energietechnik is entitled to carry out outstanding deliveries and services only against advance payment or security.
Employees of RVA-Energietechnik are not authorized to collect payments without express collection authority.
The customer falls into default at the latest upon expiry of 30 days after receipt of the invoice and due date. If a reminder is issued by RVA-Energietechnik before the expiry of 30 days, this already triggers the consequences of default. The amount of default interest is determined in accordance with Section 288 of the German Civil Code (BGB).
In the case of an installment payment agreement, the entire remaining debt becomes immediately due for payment if the customer is in arrears with an installment, in whole or in part, for more than ten days.
For each reminder issued after default has occurred, the customer must reimburse the administrative costs in the amount of EUR 15.00 each.
The withholding of payments or the offsetting of claims by the customer that are disputed by RVA-Energietechnik and have not been legally established is excluded.
Complaints must always be raised in writing and without delay by entrepreneurs; those relating to obvious defects within eight days, in the case of repair work within three days of delivery; otherwise the assertion of warranty claims is excluded.
In the event of defective delivery/service, the customer may demand rectification or, if this is insufficient, impossible, or unreasonable, replacement delivery. If the rectification or replacement delivery fails, or if RVA-Energietechnik culpably allows a reasonable written grace period set for this purpose to expire, the customer may withdraw from the contract, demand a reduction in price, or claim damages.
If operating or maintenance instructions are not followed, changes are made to the delivery item, it is handled improperly, normal wear and tear is present, or if, during an ongoing repair, the customer or a third party has worked on the contractual object without consent, all warranty is void.
For new delivery items, a limitation period of 12 months from delivery of the goods applies with regard to the customer's claims for material defects as an entrepreneur, unless the defect was fraudulently concealed or RVA-Energietechnik has guaranteed its absence. This does not apply to consumer goods purchases pursuant to Sections 474 et seq. BGB.
Used delivery items are sold to entrepreneurs with the exclusion of any liability for material defects. This does not apply to consumer goods purchases pursuant to Sections 474 et seq. BGB. In this case, a limitation period of 12 months applies for the consumer.
Further claims by the customer only exist to the extent that RVA-Energietechnik is guilty of gross negligence, in the event of injury to life, body, or health, in the event of a breach of material contractual obligations insofar as the achievement of the purpose of the contract is jeopardized, with regard to the typical foreseeable damage for the type of contract, in cases in which liability is assumed under the Product Liability Act for defects in the delivery item, in the absence of characteristics that were expressly warranted, if the warranty was specifically intended to protect the customer, and in the case of defects that were fraudulently concealed or whose absence was guaranteed.
In the event of legal defects, the above provisions apply accordingly.
Statements regarding the condition of an item never constitute a guarantee.
By placing the repair order, the customer's permission for test drives and test operations is granted at the same time.
Cost estimates are only binding if this has been expressly agreed in writing. Otherwise, a cost estimate may be exceeded by up to 20% if this is necessary for the execution of the work. In the event of an excess of more than 20%, the customer will be notified. If the customer objects, RVA-Energietechnik will in any case be reimbursed for all expenses, including a reasonable profit margin.
Repair deadlines are only binding if this has been expressly agreed. In the event of an extension of the order, the deadline is extended appropriately.
The risk passes to the customer in any case as soon as RVA-Energietechnik has notified the customer of completion. Invoicing counts as notification. The customer must accept the contractual object within three days; otherwise RVA-Energietechnik will store it at the customer's risk and charge storage costs.
Ownership of installed units, spare parts, and accessories remains with RVA-Energietechnik until full payment has been made. Until then, RVA-Energietechnik also has a lien and right of retention over the repaired item. The lien also exists for claims arising from work previously carried out, as well as other claims against the customer. In the event of the customer's default and the fruitless expiry of a reasonable grace period, RVA-Energietechnik is entitled to sell the object of the order by private sale or otherwise realize it.
Old parts that become available as a result of the repair carried out will be scrapped by RVA-Energietechnik, provided the repair is carried out in RVA-Energietechnik's workshops. Should the customer wish to dispose of the old parts otherwise, they must notify RVA-Energietechnik of this in writing immediately upon receipt of the order confirmation.
With regard to liability for the object of the order in the case of a repair order issued, the corresponding provision of the foregoing terms and conditions applies.
For the customer's claims in the event of defective repair, a limitation period of 12 months applies, unless the defect was fraudulently concealed or its absence was guaranteed. This does not apply to consumers.
German law applies exclusively to all legal relationships between RVA-Energietechnik and its customers. The place of performance is the registered office of RVA-Energietechnik in Nordhausen.
The exclusive place of jurisdiction for all disputes with merchants, legal entities under public law, and persons who do not have a general place of jurisdiction domestically, is Nordhausen. The same applies to disputes with persons who do not disclose their domicile or habitual residence after the conclusion of the contract.
Should individual provisions of this contract, or parts thereof, be or become invalid, the validity of the remainder shall not be affected. Invalid provisions shall be replaced by valid provisions that come as close as possible to the invalid provision and the intent of the contract. The same applies to any unforeseen gaps.
