§1 Scope

The business relationship between us (ALANKO GmbH) and the customer shall be governed exclusively by these General Terms and Conditions in the version valid at the time of the order. You acknowledge this with your order. General terms and conditions of the customer shall only apply insofar as we have expressly agreed to them in writing. The language available for the conclusion of the contract is German.

§2 Conclusion of Contract / Purchase Processing

a) You can place orders with us by phone, fax, email or via our webshop. The products and services offered by us do not constitute a binding offer to us. All offers are subject to change.

You can place your order with us by phone, fax, email or through our online ordering system. The products and services offered by us do not constitute a binding offer to us. It is only an invitation to you to submit a binding offer to us. Your order by telephone, fax, email or through our online ordering system, therefore, constitutes an offer to conclude a purchase contract with us. The purchase contract is only concluded with our order confirmation or at the latest with the delivery of the goods. The contract text will be sent to you separately or with the goods.

b) Data and information provided by ALANKO about the subject of sale are always non-binding. Deviations of the ordered or delivered sales item from the order, particularly regarding design and material, are reserved within the scope of standard tolerances.

c) In the event of errors in the online ordering system, catalogs or price lists or other offers, order documents and print media, ALANKO shall be entitled to correct such errors at any time. ALANKO is not obligated to provide prior notification in this case.

§3 Prices

a) The prices are always in EURO without value-added tax. Value-added tax is not included and will be charged separately. It is possible to take another currency for order processing after a written agreement.

b) Any price lists issued by ALANKO shall not constitute a binding offer. The prices valid at the time of the order are to be asked at the time of the order. The prices valid at the time of the order can also be requested via an access set up for the customer via our online ordering system.

c) If there is a period of more than 4 months between the conclusion of the contract and the agreed delivery date, ALANKO is entitled to pass on price increases resulting from increases in purchase prices, wage costs, changes in exchange rates, customs duties, taxes and levies.

§4 Liability for material defects, warranty

a) Obvious defects must be notified to ALANKO in writing 3 days after receipt of the goods by the customer. Non-obvious defects within 2 weeks after the defect has been detected. This shall not affect the customer's obligation to immediately inspect the goods and give notice of defects as described in the Commercial Code (HGB). Non-compliance leads to the loss of the warranty claim.

b) In the event of a justified and timely complaint, the warranty claim shall be limited to the rectification of defects or replacement delivery. ALANKO has the right to choose between rectification of defects or replacement delivery. If 2 attempts to rectify the defect or deliver a replacement fail, the customer may demand a reduction in payment or withdraw from the contract. Incidental expenses incurred will not be reimbursed.

c) The warranty claim shall not apply if the defect is due to a violation of installation instructions, unsuitable or improper use, incorrect handling, natural wear and tear or tampering with the object of purchase.

d) The customer shall only be entitled to claims for damages due to defects of the delivered goods
in accordance with §10 of these General Terms and Conditions.

§5 Payment, Shipping and Delivery Terms

a) ALANKO's receivables are due immediately upon receipt of the invoice by the customer without deduction. Discount agreements are only valid for invoice amounts over €100. Cash discounts are not available for amounts settled by offsetting against credit memos.

b) ALANKO is entitled to dispatch the goods only against cash on delivery or payment in advance. Should the contracting party (customer) purchase/have purchased goods on account (trade credit), this shall not constitute a permanent right to trade credit.

c) ALANKO is entitled to refuse checks or bills of exchange as means of payment. Cheque payments are not deemed to have been effected until they have been credited.
d) ALANKO's sales representatives are authorized to accept payments only with a written power of attorney.

e) If the contracting partner (customer) does not pay the claims of ALANKO in time, ALANKO reserves the right to charge €10 per reminder.

f) ALANKO reserves the right to determine which shipping service provider or freight forwarding company will be contracted to deliver the order.
The risk passes to the customer as soon as we hand over the goods to the shipper or a person authorized by us hands over the goods to the shipper. The handover shall be deemed to have taken place if the customer is in default of acceptance.

g) ALANKO is entitled to make partial deliveries.

§6 Retention of Title

The delivered goods remain the property of ALANKO GmbH until payment has been made in full.

§7 Set-off and right of retention

The purchaser shall only have the right to set off if its counterclaims have been legally established or are undisputed.
The exercise of a right of retention by the customer shall only be considered insofar as its counterclaim is based on the same contractual relationship.

§8 Liability

According to the statutory provisions, ALANKO GmbH shall be liable for intent and gross negligence as well as for breach of essential contractual obligations (cardinal obligations). ALANKO GmbH is liable, subject to limitation, for typical contractual damages foreseen at the time of contract formation resulting from a slightly negligent breach of cardinal obligations by it or one of its legal representatives or vicariously liable agents. ALANKO GmbH shall not be liable in the event of a slightly negligent breach of ancillary obligations that are not cardinal obligations. Liability for damages falling within the scope of protection of a guarantee or warranty given by ALANKO GmbH as well as liability for claims based on the Product Liability Act and damages arising from injury to life, body or health shall remain unaffected.

§9 Note on vehicle compatibility of spare parts

Even with identical vehicle types and identical KBA key numbers, motor vehicles are often equipped with different variants of the same component at the factory. The different variants of the component are often not interchangeable. If a component is listed in the online ordering system after specifying the vehicle type or key number, this merely means that the corresponding part may have been installed. However, it is always possible that a component not incompatible with the listed spare part is installed on the vehicle. This would result in the listed spare part not being usable in the vehicle. In this respect, the vehicle type and key number only provide an initial guide to the selection of a spare part.

In its own best interest, the workshop installing the spare part must ensure that the ordered spare part is unquestionably a suitable replacement for the existing part. If doubts cannot be resolved with absolute certainty, the installation must not be carried out, if only for traffic safety reasons.

§10 Applicable law

The legal relationship between the parties shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

§11 Place of jurisdiction

If the purchaser is a merchant and the transaction is a commercial one, Bonn shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

§12 Severability

If any of the aforementioned clauses or provisions of the purchase agreement are invalid, this shall not affect the validity of the remaining provisions.

§13 Supplier identification

ALANKO GmbH
Kranzweiherweg 22
53489 Sinzig
Germany

Tel: 02642/99990-0
Fax: 02642/99990-16

Email: info@alanko.de 
Web: www.alanko.de

VAT No.: DE254891533
Jurisdiction: HRB 20689 District Court Koblenz
Tax No.: 01/677/0106/3