Terms and Conditions
Richter Instruments Borsigstr. 1, Tor 16 68723 Schwetzingen
1. Scope of Conditions
Our deliveries, services, and offers are made exclusively on the basis of these terms and conditions. These shall also apply to all future business relationships, even if not expressly agreed upon again.
2. Conclusion of Contract
2.1. Offers contained in brochures, advertisements, etc. are – including pricing – non-binding and without obligation. We shall be bound for 30 calendar days by specially prepared offers such as custom-made musical instruments, amplifier systems, pickup systems, etc.
2.2. The buyer is bound by their order for 4 weeks. Orders require our written confirmation to become legally effective. If we do not reject acceptance within two weeks of receiving the order, confirmation shall be deemed granted.
2.3. All agreements made between us and the buyer shall be set down in writing in this contract.
3. Prices, Price Changes
3.1. Prices include the statutory value-added tax.
3.2. Prices are ex our premises. They do not include any packaging and shipping.
3.3. Where we provide our own packaging and transport means, standard commercial packaging conditions shall apply.
3.4. In the case of any agreed freight-free delivery, our quoted prices are based on the freight and ancillary charges valid at the time of the offer.
4. Delivery Times
4.1. Delivery dates or deadlines that are bindingly agreed upon must be in writing.
4.2. We assume no liability for delays resulting from late deliveries of third-party goods required for manufacturing or repair.
4.3. In the event of delivery delays attributable to us, the grace period to be set by the buyer as required by law shall be fixed at four weeks, commencing upon receipt of the notice setting the grace period.
5. Shipping and Transfer of Risk
5.1. If the goods are shipped, risk shall pass to the buyer as soon as the shipment has been handed over to the person carrying out the transport or has left our premises for the purpose of shipping. If shipping is delayed at the buyer's request, risk shall pass to the buyer upon notification of readiness for dispatch.
5.2. At the buyer's request, deliveries shall be insured in their name and at their expense.
6. Warranty
6.1. All information regarding the quality, suitability, processing, and application of our products, technical advice, and other information is provided to the best of our knowledge but does not release the buyer from conducting their own inspections and tests.
6.2. The buyer shall inspect the received goods immediately upon receipt for defects in quality and fitness for purpose; otherwise, the goods shall be deemed accepted.
6.3. Complaints shall only be considered if they are made in writing within eight days of receipt of the goods – in the case of hidden defects, after their discovery, but no later than 6 months after receipt of the goods – accompanied by the sales receipts.
6.4. Our warranty obligation is limited, at our discretion, to replacement delivery, rescission, reduction, or repair. Complained-about goods may only be returned with our express consent.
6.5. Clauses 6.1 and 6.3 do not apply to used goods and repairs. Any warranty for these is excluded in all cases.
7. Damages
7.1. To the extent permitted by law, our obligation to pay damages, regardless of the legal basis, is limited to the invoice value of the quantity of goods directly involved in the damaging event. This does not apply insofar as we are subject to unlimited liability under mandatory legal provisions due to intent or gross negligence.
7.2. Right of Withdrawal for Custom Products: Pursuant to § 312g para. 2 no. 1 of the German Civil Code (BGB), consumers have no statutory right of withdrawal for contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer's personal needs. This means that no right of withdrawal exists for custom products from our production.
8. Retention of Title
8.1. The sold goods shall remain our property until full payment of our claims from the business relationship with the buyer. The buyer is authorized to dispose of the purchased goods in the ordinary course of business.
8.2. Any access by third parties – in particular bailiffs – to goods and claims belonging to us must be communicated to us immediately by the buyer via registered letter. Insofar as the third party is unable to reimburse us for the judicial and extrajudicial costs arising in this connection, the buyer shall be liable for these.
9. Payments
9.1. Sales and technical personnel are not authorized to collect cash payments; excepted are amounts up to 500 euros in cash against issuance of a cash sales receipt. Otherwise, payments with discharging effect may only be made directly to the managing director or to a bank or postal checking account specified by them.
9.2. The seller's invoices are payable without deductions within 14 days from the invoice date. Invoices for used goods are payable immediately.
9.3. We expressly reserve the right to refuse cheques or bills of exchange. Acceptance is always on account of payment only. Discount charges and bill-of-exchange expenses are borne by the buyer and are immediately due.
9.4. We are entitled, notwithstanding any instructions to the contrary by the buyer, to apply payments first to the buyer's oldest debts, and shall inform the buyer of the manner of settlement. If costs and interest have already accrued, we are entitled to apply the payment first to the costs, then to the interest, and lastly to the principal.
9.5. The buyer is only entitled to set-off if the counterclaim is undisputed or has been established by final court judgment. The buyer is, however, also entitled to exercise a right of retention on account of counterclaims arising from the same contractual relationship.
Alternative Dispute Resolution pursuant to Art. 14 para. 1 ODR Regulation and § 36 VSBG: We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.