General Terms and Conditions of Business, Delivery and Payment of the
§ 1 Scope and provider
- These General Terms and Conditions form the basis for the conclusion of contracts between customers and CCE GmbH (hereinafter referred to as CCE GmbH), represented by the Managing Director Wolfgang Schelle, von-Behring-Straße 6 A, 88131 Lindau, Germany, registered in the Kempten Commercial Register HRB 14237, EU Tax ID: DE318310209.
- The contract language is exclusively German, unless otherwise agreed in writing.
- The currently valid General Terms and Conditions can be called up and printed out on the website (www.cce.gmbh).
§ 2 Contractual partner
- CCE GmbH only delivers to commercial buyers (B2B) who are not consumers in accordance with § 13 BGB (German Civil Code). If it is not clear from the order data that the customer is a commercial buyer, CCE GmbH reserves the right to request a corresponding business registration and to withhold the order until receipt of this confirmation or to declare its withdrawal from the contract within a reasonable period.
§ 3 Conclusion of contract & right of withdrawal
- By placing an order, you submit a binding offer to purchase (§ 145 BGB) to CCE GmbH. If the order is placed via the webshop (www.cce.gmbh), you will receive a confirmation of receipt of the order. This does not constitute acceptance of the purchase offer on the part of CCE GmbH. A contract of sale is only concluded when CCE GmbH sends you an order confirmation or sends the goods to you without prior order confirmation. 2.
- CCE GmbH delivers exclusively to customers from the commercial sector such as industry, trade, commerce and the liberal professions. The entrepreneurial buyer does not have the right of distance selling revocation according to §§ 312d, 355 BGB.
- Written offers are valid for a maximum of 30 days.
§ 4 Prices and terms of payment
- All price quotations on the website (www.cce.gmbh), in offers and price lists are exclusively net ex warehouse 88131 Lindau plus shipping costs, packaging, insurance, plus statutory VAT.
- If the purchaser defaults on a payment, the interest rate for claims for payment shall be nine percentage points above the base interest rate. CCE GmbH reserves the right to claim higher damages caused by the delay.
- If a collection agency is commissioned with the collection of overdue payments, the costs thereby incurred shall be borne by the debtor.
- CCE GmbH shall be entitled, despite any provisions of the customer to the contrary, to offset payments first against the customer's older debts. If costs and interest have already been incurred as a result of default, CCE GmbH shall be entitled to set off the payment first against the costs, then against the interest and finally against the main performance.
- A set-off or the assertion of a right of retention due to counterclaims not recognised by us or not legally established is excluded.
- The deduction of a cash discount is only permissible with the corresponding written consent of CCE GmbH.
§ 5 Transfer of risk and delivery
- All deliveries shall be made exclusively on the delivery terms of CCE GmbH, ex works / ex warehouse 88131 Lindau, unless otherwise agreed in writing.
- Partial deliveries are permissible unless otherwise agreed in writing.
- Delivered goods are to be accepted by the customer even if they show insignificant complaints.
- The ordered goods shall be shipped exclusively at the risk of the customer, unless otherwise agreed in writing. The risk shall pass to the customer when the goods are handed over to the transport company (e.g. UPS or forwarding agent).
- The customer is obliged to check the delivered goods with due care immediately after arrival for obvious defects and damage and to report these to the transport company and to CCE GmbH within 3 days of delivery to the customer. Later complaints, in particular transport damage, cannot be accepted due to insurance requirements.
- CCE GmbH shall only be liable in the event of a delay in delivery if the delay in delivery is attributable to intent or gross negligence on the part of CCE GmbH.
§ 6 Warranty / Guarantee
- CCE GmbH provides a warranty on all products as indicated in the product information on the website or on the proof of purchase of the goods from CCE GmbH.
- When registering warranty claims, the customer must present the original invoice from CCE GmbH or a dealer. The serial number must be clearly legible on the device and also printed on the dealer's invoice. If the serial number is not printed on the dealer's invoice, the date of delivery from CCE GmbH to the dealer is deemed to be the start of the warranty period.
- In the event of a warranty claim, CCE GmbH has the right to decide whether to repair the defective device, replace it completely or exchange defective parts. Further claims are excluded.
- Repairs within the warranty period or an extended warranty period must be carried out by CCE GmbH or authorised contract workshops.
- In cases of repair during the warranty period, the customer sends in the defective product at his own expense and is obliged to ensure that the products are packed properly so that no damage occurs. In the event of transport in improper packaging, the customer shall be liable for any damage caused by the improper packaging. In the event of a warranty claim, CCE GmbH will return the goods to the customer at its own expense. If it turns out during the repair that it is not a warranty case, the return and repair costs will be charged to the customer after sending an order confirmation to be signed.
- If a fault occurs with the product within 10 days of initial delivery, CCE GmbH shall collect the relevant product from the customer at its own expense and deliver the repaired or replaced device at its own expense. The customer is obliged to pack the device properly for collection so that no damage occurs. In the event of transport in improper packaging, the customer shall be liable for any damage caused by the improper packaging. If it turns out during the repair that it is not a warranty case, the return and repair costs will be charged to the customer after sending an order confirmation to be signed.
- If the customer independently commissions a company to repair the device within the warranty period or an extended warranty period, the costs shall be borne by the customer. The customer has no right to reimbursement of costs by CCE GmbH.
- If the unit is to be operated in a country other than the country for which it was originally developed and produced, any modifications must be made to the unit in order to adapt it to the technical and/or safety standards of that other country. Such modifications are not due to defects in the material or workmanship of the unit and are not covered by this warranty. The costs of such modifications as well as any damage caused to the unit as a result will not be reimbursed.
- This warranty is product-related and can be claimed within the warranty/guarantee period by any person who has legally purchased the device.
- As far as legally permissible, claims for defects are excluded. The purchaser is only entitled to the rights arising from the aforementioned warranty/guarantee.
- In the case of electronic devices that test the authenticity of banknotes or coins, a 100% guarantee for the authenticity of a note after testing by the device cannot be assumed. The statement 100% counterfeit detection for products on the website (www.cce.gmbh), as well as data sheets and other presentations, refers to the last ECB (European Central Bank) counterfeit test performed with the device. Damaged notes and coins are excluded from the test. With other counterfeit detection devices, no guarantee can be given for the authenticity test. Liability can therefore only be accepted in all cases of intent or gross negligence. It is the customer's responsibility to keep his device up to date with the latest software in order to protect himself against counterfeit money. Corresponding software can be purchased on the website (www.cce.gmbh) of CCE GmbH.
- CCE GmbH offers the possibility to be informed about updates via the free newsletter and the website (www.cce.gmbh). There is no entitlement to individual information or information obligation on the part of CCE GmbH.
- Excluded from warranty / guarantee claims are:
(1) Regular inspections, maintenance and repair or replacement of parts due to normal wear and tear,
(2) in particular due to soiling;
(3) Transport and travel costs as well as due to assembly and disassembly of the machine.
(4) Incorrect operation (e.g. coins or foreign objects in banknote counters)
(5) Misuse and improper use of the device as well as incorrect installation;
(6) Damage caused by lightning, water, fire, force majeure, war, incorrect mains voltage, inadequate ventilation or other reasons for which CCE GmbH is not responsible.
(7) Updates to new software versions or/and other currencies.
(8) Batteries, rechargeable batteries, illuminants (UV & WL tubes), consumables (e.g. chemical pens), cables
§ 7 Return and exchange
- Exchange and return of the ordered products can only take place with the express consent of CCE GmbH. The costs and risk for this shall be borne by the purchaser. CCE GmbH reserves the right to charge a restocking fee of max. 20% of the value of the goods, but at least € 25.00. Not refundable are such costs and fees which CCE GmbH had to spend in connection with the order for services rendered by third parties (e.g. shipping costs).
- The relevant items must be in absolutely resalable condition. Consumables, software and accessories are excluded from any return.
- Any claims for damages are not covered by this restocking flat rate.
§ 8 Product-related information and properties
- With regard to the illustrations, drawings and stated performances contained on the website (www.cce.gmbh), on data sheets, manuals and other presentations, in particular with regard to dimensions, colours, constructions and forms as well as other deviations which do not restrict the use for the contractual purpose, CCE GmbH reserves the right to deviations customary in the trade without the customer being able to derive any claims from this. Illustrations, drawings, mass and weight specifications as well as other technical data or information merely characterise the subject matter of the contract and do not constitute a guarantee of properties
§ 9 Obligation to update
- To be informed about software changes and updates, please register for the free newsletter on the www.cce.gmbh website. This will be sent max. 1 time per month and will include changes of software updates if necessary. Personal notification via other communication channels is not possible.
- Updates resulting from the release of new banknotes or coins are not covered by the updating and information obligation, as these do not fall within the area of responsibility of CCE GmbH, but are the responsibility of the respective central banks.
§ 10 Reservation of ownership
- The contractual product shall remain the property of CCE GmbH until all claims, including future claims, arising from this contract and beyond from the entire business relationship with the customer have been fulfilled.
- The customer is revocably entitled to pass on the goods subject to retention of title in the ordinary course of business subject to retention of title, but not to pledge or assign them as security in any form. In the event of access by third parties to the reserved goods, the customer shall draw attention to the ownership of CCE GmbH and inform CCE GmbH without delay. In the event of resale to third parties, the customer shall be responsible for ensuring that the third party takes CCE GmbH's rights into account.
- If the reserved goods are combined or mixed with goods belonging to CCE GmbH, CCE GmbH shall acquire co-ownership in proportion to the invoice value of the reserved goods to the other goods. Processing of the goods subject to retention of title shall be carried out for CCE GmbH as manufacturer without obligating CCE GmbH. CCE GmbH shall acquire co-ownership of the processed goods within the meaning of the above provisions.
- In the event of default in payment, also from other and future deliveries or services by CCE GmbH to the customer, or in the event of the customer's financial collapse, CCE GmbH shall be entitled to enter the customer's business premises in order to assert the reservation of title to the reserved goods and to take possession of the reserved goods.
- The assertion of the reservation of title or the seizure of the delivery item by CCE GmbH shall not be deemed to be a withdrawal from the contract if the customer is a merchant (as defined in § 1 Paragraph 1 of the German Commercial Code).
- The customer shall assign his claims from the transfer of the reserved goods in the respective invoice value of the reserved goods to CCE GmbH in advance already at the time of the order. CCE GmbH shall be entitled and obliged to collect in the ordinary course of business. At the request of CCE GmbH, the customer shall name the assigned claims. CCE GmbH may disclose this assignment at any time in order to secure its payment claims.
- If the value of the security exceeds the payment claims of CCE GmbH by more than 20%, CCE GmbH shall release the exceeding part of the security at the request of the customer.
- Items delivered for test and demonstration purposes shall remain the property of CCE GmbH. They may only be used by the customer on the basis of a separate agreement with CCE GmbH.
§ 11 Liability
- The Seller shall be liable in accordance with the statutory provisions, taking into account the following: In the event of injury to life, body or health, it shall be liable for any culpable act; For other breaches of duty by the Seller, its legal representatives or its vicarious agents, the Seller shall be liable for intent and gross negligence and, in the event of a breach of material contractual obligations (these are obligations the fulfilment of which makes the proper performance of the contract possible at all and on the observance of which the customer relies and may also rely), also for simple negligence. In the event of a merely negligent breach of duty by the Seller, its legal representative or its vicarious agents, the Seller's liability shall be limited to the foreseeable damage typical for the contract. Further contractual and tortious claims of the Purchaser are excluded. The Seller shall therefore in particular not be liable for damage not incurred to the delivery item itself and for loss of profit or other pecuniary loss of the Purchaser, unless the Seller or its executive employees act intentionally or with gross negligence. In the event of a breach of a pre-contractual obligation or an impediment to performance already existing at the time of conclusion of the contract (§§ 311 para. 2, 311a BGB), our obligation to pay compensation shall be limited to the negative interest.
§ 12 Security deposits
- If, after conclusion of the contract, CCE GmbH obtains facts about the person or the business circumstances of the customer which make the performance of the contract and in particular the punctual fulfilment of the claims appear to be at risk, CCE GmbH shall be entitled to demand advance payment or security or to withdraw from the contract. CCE GmbH may also refuse to fulfil the order until advance payment or provision of security.
§ 13 Other
- Order processing is carried out within CCE GmbH with the aid of automatic data processing. The customer hereby gives his express consent to the processing of data required by CCE GmbH within the framework of the contractual relationship.
- CCE GmbH is entitled to send the customer advertising or e-mail or fax advertising until the customer objects.
- According to the ElektroG law (WEEE), fees are due for the disposal of our devices in Europe. With your order you irrevocably confirm the following agreement: According to ElektroG it is agreed with the purchase of our devices that the disposal obligation in B2B business is transferred to the purchaser. For B2B customers outside Germany, the local country regulations apply. CCE GmbH does not assume any take-back obligations or costs in these countries.
- According to the EU Packaging Act, disposal fees for packaging are due. In B2B trade, proper disposal by the customer/purchaser is agreed. CCE GmbH is not responsible for the disposal fees in the individual European countries where different national regulations apply. The importer of our products is responsible for this.
§ 14 Place of performance, applicable law, place of jurisdiction
- Place of performance and jurisdiction for all claims Lindau, as CCE GmbH only delivers to registered traders.
- However, CCE GmbH is also entitled to sue the customer at any other legal place of jurisdiction.
- The law of the Federal Republic of Germany is agreed. The applicability of the Uniform Law on the International Sale of Goods (EKG), the Uniform Law on the Formation of Contracts (EAG) and the Vienna UN Convention on the International Sale of Goods (UNCITRAL) is excluded. This shall also apply if the Purchaser has its registered office abroad.
§ 15 Maintenance of contract
- Should any part of the above terms and conditions be invalid, the remaining parts shall not be affected. The parties undertake to agree on a permissible and economically equivalent provision to replace the invalid one.
§ 16 Invalidity of previous General Terms and Conditions
- These General Terms and Conditions invalidate all previous terms and conditions of CCE GmbH.
Lindau/DE © November 2021 CCE GmbH