General terms and conditions

§ 1 Application

Deliverables and performances from ALLEGRA Trocknungstechnik are always carried out by this general terms. These terms apply exclusively, as far as nothing else has been agreed between seller and customer. With acceptance of  goods and performaces this terms are considered as accepted. We shall not acknowledge any conflicting or deviating terms and conditions of customer.

§ 2 Offers and conclusion

1. The design of the products in our online shop are not legally binding offers, it represents for information only and without responsibility. By pressing the button “sending order” you place a binding order for all goods in shopping basket. We affirm and accept your order immediately by sending you an automatically email.
2. Section 2.1. does not obtain by auctions on online markets, where it is possible to buy by highest bit or prompt buy. It also does not obtain if the customer takes his legal right of withdrawal.
3. Sales are currently performed by German law. Salesmen of the seller are authorized for collect, but they are not authorized to make oral additional agreements or confirmations , which are not included in contract.
4. By cancelation of the contract in distance selling the customer payes the costs for reshipment, if the goods are less then 40,00 € or the customer didn´t  payed the total or partial amount (§§ 312d, 355, 356 ff. BGB). It doe not apply when the delivered goods are not ordered by customer.
5. Offers are subject to change and without obligation.

 § 3 Terms of payment

1. All prices are ex stock Berlin without deductions plus delivery costs unless otherwise noted.
2. Is the customer in default – if  paying by installments  with two installments – and after setting a period of grace the seller reserves the right to rescind the contract or claim damages for non-performance.
3. The seller is authorized with payments of the customer balance older bills receivable, if no other is agreed between seller and costumer. Any outstanding interests and costs will be allocate with payments at first.The seller informs the customer about the kind of allocating. If the sellers learns that the custumer is not creditworthy he is authorized to demand the total amount
4. If the customer is default the seller is authorized to charge interest.
5. If customer pays by direct debit money will be collected on day of  shipment.

§ 4 Delivery

1. Agreed delivery dates shall be in writing only.  Even if deadlines or dates have been bindingly agreed upon, contractor shall not be responsible for force majeure events or any other events which make the delivery essentially difficult or even completely impossible for the seller. These include particularly strike, lockout, official directive, unfavourable weather or road conditions, and the like, even if occurring to suppliers or sub-suppliers.

§ 5 Transfer of risk

1. The risk is transfered to the customer when the goods  leave stock. If it is impossible to deliver goods without sellers fault the risk is transfered by telling the customer the readiness for shipment.
2. (1) does not suppy for sale of consumer goods.
3.  With delivery of the selled goods the risk of accidental deterioration and perishing he customer.

§ 6 Warranty 

1. If the delivered goods are faulty or become become defective within warranty time the seller has to repair or deliver replacement at his own option and excluding other warranty claimes. It is possible to repair several times.
2. The warranty period is 24 month and begins with passing of risk. If the costumer does not follow the operating instruction, makes modifications, changes parts or uses not original consumables the warranty claim expires.
3. In a case of a sale to a distributor apparent defects have to told directly after receiving goods, otherwise warranty claims expires. In all cases the customer has to proof the goods directly after receipt.
4. If repair failes the customer can ask for reduction of  prices or reversal of the transaction.
5. Liability for normal wear and tear is excluded.
6. The seller reserves the right for minor modifications of construstion, if the goods will not be modified significantly and if it is reasonable for customer.

§ 7 Secret lien

1. The goods remain property of the supplier until fully paid.
2. If the customer is distributor the goods remain property of the seller until all outstandig debits against the csutomer are fully payed. If the customer is contrary to contract , espacially default of payment, the seller is authorized to take bake the subjected goods. The exercise of our reserved title of the attachment of the item delivered shall not be considered as a rescission of contract. The seller shall release securities at the request of  the customer to the extend as their value shall be exceeded by more than 10% of all aggregate of claims to be secured.
3. If the Customer is distributor he is authorized to sell the goods if he is not in default. Pledge or assign as security are not allowed. Customer hereby assigns to contractor by way of security any and all future claims (including without limitation all balance claims from current account) resulting from the resale and/or from any other legal basis thereof (insurances, tort) with respect to the goods sold under retention of title. The customer irrevocably licences the seller to collect the assigned receivables for costumers account an in sellers name. The customer can only revoce this direct debit authorization if he discharges his payment obligations.

§ 8 Limitation of liability

Claims of damages in the case of impossibility of performance, positiv violation of contractual duty,  default by contract conclusion and in tort against the seller and his assistants are excluded, unless delibertate or grossly negligent acting or death and injury to body and health are existent.

§ 9 Delivery to foreign countries (not EU Member)

1. By delivery to customers in foreign countries duty, tax and charges will arise. For more information about duty: http://ec.europa.eu/taxation_customs/dds/cgi-bin/tarchap?Lang=DE , for more information about importation TAX: http://auskunft.ezt-online.de/ezto/Welcome.do (only for Switzerland: http://xtares.admin.ch/tares/login/loginFormFiller.do )

§ 10 Severability clause

1.      We only sell according to German law. Should any clause of this agreement be invalid, this shall not affect the validity of the remaining clauses.

2. In case the customer is a merchant, legal entity under public law or a federal special fund under public law the place of jurisdiction, or has no general place of jurisdiction in Germany, for both parties shall be Berlin, unless a place of jurisdiction because of Art 16 EuGVVO is founded.