Terms and Conditions

from

APS Crazy S.R.L. RO37774647

Str. Pelicanului nr.1, ap.55, etaj 5, 500461 Jud. Brasov

+40 799197619

for the sale of goods in the online store https:// www.load-limiter.com/ to commercial customers or other legal entities

1. Scope

The services of the provider for the online shop under the aforementioned URL are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.

These general terms and conditions apply exclusively. Any terms and conditions of the customer that deviate from these general terms and conditions are not valid unless the provider expressly agrees to

2. Exclusion of consumers

The provider does not conclude any contracts with consumers/private individuals. All prices on the website are exclusive of VAT, unless otherwise stated.

3. Contract

The provider's offers on the Internet represent an unbinding invitation to the customer to order goods. The confirmation of receipt of the order takes place immediately after the order has been sent and does not constitute acceptance of the contract. The supplier may declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or e-mail), whereby insofar as the receipt of the order confirmation by the customer is decisive, or by the supplier of the ordered goods, in which case the receipt of the goods by the customer is decisive, or

4. Payment, Default

The prices indicated on the provider's website at the time of the order apply. If the customer is in default of payment, the provider is entitled to charge interest on arrears at a rate of nine percentage points above the base interest rate of the European Central Bank. In the event that the provider asserts a further damage caused by default, the customer has the opportunity to prove that the claimed damage caused by the delay is not at all or in a lower amount has emerged.

5. Ownership

The delivered goods (reserved goods) shall remain property until all claims to which the provider is entitled to the customer now or in the future, including all balance claims from current account , have been fulfilled of the provider. In the event of breach of contract by the customer - in particular if he is in default with the payment of a payment claim - the provider has the right to to withdraw from the contract as a reasonable deadline for performance. The transport costs for the return are at the expense of the customer. If the supplier takes back the goods subject to retention of title, this is already a withdrawal from the Withdrawal from the contract shall also be deemed to have taken place if the supplier seizes the goods subject to retention of title. The supplier may continue to return the goods taken back under retention of title. The proceeds from the operation shall be deducted from the amounts owed by the customer to the provider after the supplier has deducted a reasonable amount for the cost of use has.

The customer must treat the reserved goods with care. He must insure them adequately against replacement value at his own expense against fire, water and theft damage. Should maintenance and inspection work become necessary, the customer must carry it out in good time at his own expense.

The customer may use and resell the reserved goods in the ordinary course of business as long as he is not in default of payment. However, he is not permitted to pledge or assign ownership of the goods subject to retention of title by way of security. the customer's payment claims against its customers arising from a resale of the goods subject to retention of title, and those claims of the customer with regard to the goods subject to retention of title which accrue to him or third parties against his customers or third parties for any other legal reason (in particular claims arising from tort and claims for insurance benefits), including all current account balances, are hereby transferred in full by the customer to the provider by way of security . The provider accepts this assignment.

The customer may collect these claims assigned to the provider on the provider's account in his own name for the provider, as long as the provider does not revoke this authorization. The provider's ability to collect these claims itself remains unaffected; However, the provider will not assert the claims himself and will not revoke the direct debit authorization as long as the customer duly fulfills his payment obligations.

However, in the event of breach of contract by the customer - in particular in the event of default in payment of a payment claim - the provider may demand that the customer

notifies the provider of the assigned claims and their debtors, notifies the respective debtors of the assignment and hands over all documents to the provider and provides all information that the The provider must assert the claims.

Any processing or transformation of the reserved goods by the customer shall always be carried out on behalf of the provider. If the goods subject to retention of title are processed with other goods not belonging to the supplier, the supplier shall acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title (final invoice amount including VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the new item resulting from processing as to the reserved goods.

If the goods subject to retention of title are inseparably combined or mixed with other items not belonging to the Supplier, the Supplier shall acquire co-ownership of the new item in proportion to the value of the Goods subject to retention of title (final invoice amount including VAT) to the other combined or mixed goods at the time of combination or mixing. If the goods subject to retention of title are combined or mixed in such a way that the property of the purchaser is to be regarded as the main item, the purchaser and the supplier are hereby agreed upon anig, that the purchaser transfers co-ownership of this item to the supplier on a pro rata basis. The provider accepts this transfer.

The resulting exclusive ownership or co-ownership of a product is kept in safe custody by the customer for the provider.

In the event of seizure of the reserved goods by third parties or other interventions by third parties, the customer must point out the ownership of the provider and notify the provider immediately in writing so that the provider can can assert its property rights. If the third party is not in a position to reimburse the provider for the judicial or extrajudicial costs incurred by the provider in this context, the customer shall be liable for this.

At the request of the customer, the provider is obliged to release the securities to which he is entitled to the extent that their claimable amount exceeds the outstanding claims of the provider against the customer by exceeds more than 10%. However, the provider can choose the collateral to be released.

6. Delivery

Delivery times can be found on the website. The provider will point out possible deviating delivery times on the respective product page. The commencement of the delivery period specified by the provider presupposes the timely and proper fulfillment of the customer's obligations, in particular the correct indication of the delivery address in the Frame of the order, in advance.

If, through no fault of his own, the supplier is unable to deliver the goods because the supplier's supplier fails to fulfil its contractual obligations, the supplier shall be liable to deliver the goods in

Customer immediately informed that the ordered goods are not available. Consideration already provided by the contractual partner must be reimbursed immediately. The customer's statutory claims remain unaffected.

The risk of damage or loss of the goods is transferred to the customer when the delivered goods are handed over to the transport company. If the handover or dispatch is delayed for reasons for which the customer is responsible , the risk shall be borne from the date of notification of readiness for dispatch of the delivery item the customer.

Non-Acceptance

If the customer is in default of acceptance or culpably violates other obligations to cooperate, the provider is entitled to demand compensation for the resulting damage, including any additional costs. Further claims remain reserved. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he temporarily prevents the acceptance of the offered service unless the provider has announced the service to him in good time in advance.

Interest shall be charged on the purchase price during the period of default. The default interest rate is nine percentage points above the base interest rate per year.

The customer reserves the right to prove that damage in the amount claimed did not occur at all or is in any case significantly lower. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's default.

Warranty

If the purchased item is defective, the provisions of civil liability for defects shall apply. Notwithstanding the foregoing,

an insignificant defect does not entitle the customer to claims for defects;
the provider has the choice of the type of subsequent version;
in the case of new items, the limitation period for defects shall be one year from the transfer of risk;
in the case of used goods, rights and claims due to defects are generally excluded;
The limitation period does not begin to run anew if a replacement delivery is made within the scope of liability for

The above limitations of liability and limitation periods do not apply.

for objects which are used for a building in accordance with their usual use and which cause its defects;

for damages resulting from injury to life, limb or health, which are due to an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a statutory representative or vicarious agent of the provider,
for other damages resulting from an intentional or grossly negligent breach of duty by the provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider, as well as
in the event that the provider has fraudulently concealed the defect.

The statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer does not comply with the notification obligations specified therein, the goods shall be deemed to have been approved.

7. Liability

The provider is liable to the customer for all contractual, quasi-contractual and statutory, including unjustified claims for damages and reimbursement of expenses as follows:

The provider is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, due to a Guarantee commitment, unless otherwise specified, or on the basis of mandatory liability under the Product Liability Act.

If the provider negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the provider on the basis of its content in order to achieve the purpose of the contract, the execution of which requires the proper execution of the contract and on the observance of which the customer may regularly rely.

In all other respects, the liability of the provider is

The above liability regulations also apply with regard to the liability of the provider for its vicarious agents and legal representatives.

9.2 The customer indemnifies the provider against all claims of third parties - including the costs of legal defense in the statutory amount - which are against the providers due to unauthorized or contractual actions of the customer .

8. Final provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider shall have jurisdiction , unless an exclusively competent court . This also applies if the customer is not located within the European Union. The registered office of the provider can be found in the heading of these terms and conditions.

If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall not be affected.