General Validity

The following conditions apply both to the present order and to all future transactions with the customer. Our conditions
contradictory provisions of the customer in the order forms, etc. are only binding for us if we have acknowledged this in writing.

Written Form

Verbal agreements require written form to be valid.

Offer and Contract Conclusion

Offers are always non-binding unless they are time-limited. Orders require written confirmation for legal validity, the content of which is decisive for the contractual relationship. For accepted orders, the prices are fixed; however, the seller reserves the right to adjust prices in the event of wage, freight, or tax increases, as well as price increases from subcontractors. Estimates for repair work are made as accurately as possible but are non-binding. Installation prices are always non-binding. Prices are generally understood to be ex works, plus VAT and other expenses, including installation prices. The buyer is entitled to object within 8 days of receiving the order confirmation if they do not agree with the delivery and payment terms. Otherwise, the above conditions apply.

Delivery Times, Delay

The specified delivery times are non-binding; exceeding them does not entitle the buyer to withdraw from the contract. After exceeding the specified delivery times, the buyer can only withdraw from the contract if he has set the seller a written additional delivery period of at least one month. The assertion of any claims for damages is excluded. If the buyer withdraws from the contract before the expiration of the additional delivery period granted, the seller is entitled to charge 30% of the purchase price for administrative costs and loss of earnings. We are entitled to partial deliveries. A return of used goods is not possible. This also applies to devices that have only been used briefly, e.g., for installation purposes. Special designs, including installation kits and partition walls, are excluded from exchange or return.

Shipping

Shipping is done freight collect from the factory. With the handover to the freight forwarder or carrier, but at the latest with the departure from the factory, the risk, which also includes the risk of seizure, passes to the client or buyer. The choice of transport route and means of transport is made at our discretion in the absence of special instructions, without any liability for the cheapest and fastest transport. In the event of transport damage, the recipient must request a damage report from the respective transport company. All claims against the federal railway or another carrier are hereby assigned to the seller in advance. In addition, the recipient must provide a declaration of assignment so that the damage case can be reported to the federal railway or the insurance of the carrier.

Warranty and Complaints

The seller is liable, excluding any further claims, for defects in the goods in such a way that he must repair or, at his discretion, replace free of charge all parts that have become defective or unusable within 24 months after delivery due to demonstrable material or workmanship defects, provided that these defects are reported to the seller immediately after they become known, along with the warranty certificate and a written warranty claim. Warranty is only provided to the first buyer. Complained goods must be sent to the seller free of postage or freight, indicating the name and address of the buyer. The buyer must grant the seller the necessary time and opportunity to make the replacement delivery. Replaced parts become the property of the seller. Complaints can only be considered if they are communicated to the seller in writing within one week of receiving the goods. The obligation to replace is excluded for damages caused by normal wear and tear, negligent or improper handling, as well as the use of unsuitable materials. Also excluded from the obligation to replace are parts that are not manufactured by the supplier. Only the warranty provided by the manufacturers of these items to the seller is accepted. Liability for loss of earnings or for costs of temporary replacement procurement, such as rental car costs, is excluded. Necessary adjustments of the car for the wheelchair, such as removing the trunk cover, folding down the rear seat bench, cutting out coverings, etc., are to be made at the seller's discretion and do not constitute grounds for complaint. Cancellation of the purchase contract, reduction of the purchase price, or claims for damages of any kind are excluded. Preferably, the original power socket of the car is used as the connection source, regardless of whether the car manufacturer uses terminal 15 or terminal 30, if possible. Otherwise, it will be connected directly to the car battery. The warranty obligation expires if repairs or modifications are made by anyone other than the seller or the supplying company.

Crash safety

We exclude any claims for property and personal damages, including consequential damages, arising from our devices or the associated installation, as well as for damages that are not directly related to our devices or the installation. In particular, we assume no liability for damages of any kind in the event of traffic accidents, regardless of whether an inspection by TÜV or other testing bodies has already taken place or will take place. We explicitly point out that no crash tests have been or will be conducted with our devices or installations. In our opinion, the safety corresponds to the use of loose cargo of the same type in passenger cars.

Payment terms

Unless otherwise stated in our offer, payment must be made within 14 days of the invoice date without any deductions, net. In case of exceeding the payment deadline, 3% above the federal discount rate will be charged, subject to further claims. Non-compliance with the payment terms or circumstances that become known to us after the respective contract and that are likely to reduce the creditworthiness of the buyer will result in the immediate due date of all our claims, regardless of the term of any accepted bills of exchange. They also entitle us to execute outstanding deliveries only against advance payment or security, as well as to withdraw from the contract after a reasonable grace period or to demand compensation for non-fulfillment, without prejudice to the right to reclaim the goods delivered under retention of title at the buyer's expense. Replacement deliveries and repairs are payable immediately upon receipt of the invoice, net, without any deductions. We expressly reserve the right to deliver against cash on delivery. The retention of payments, including offsetting against counterclaims of the buyer, is excluded unless these are recognized by us or legally established. For an invoice amount of €3000 or more, we only deliver by cash on delivery or advance payment.

Retention of Title

Ownership of the delivered goods remains with us as security for our respective and all – including conditional or time-limited – claims arising from the business relationship.

The buyer's claims from the resale of the goods subject to retention of title are hereby assigned to us. The buyer is entitled to collect the assigned claims as long as he fulfills his obligations to us.

Otherwise, he is obliged to provide the addresses of the buyers and the amount of the claims along with invoice copies upon request. The buyer expressly authorizes us to inform the buyer of the assignment at our discretion. If the value of the collateral exceeds our claims by more than 25%, we are obliged, at the buyer's request, to release collateral of our choice up to the amount of the excess value.

Disclaimer beyond the terms

Our liability is exclusively governed by the agreements made in the preceding sections. All claims not expressly granted there – including claims for damages – regardless of the legal basis, including breaches of contractual ancillary obligations, pre-contractual obligations, and tortious acts are excluded; this does not apply in cases of intent or gross negligence or in the absence of guaranteed properties where mandatory liability applies.

Product liability

If there are differing, particularly stricter product liability or product safety regulations in the states where the customer will resell our products compared to German law, the customer must inform us of this when placing the order. In this case, we are entitled to withdraw from the contract within one month. If the customer fails to provide this information, we can withdraw from the contract within one month after we have learned of the relevant legal situation. In the latter case, the customer is obliged to indemnify us against claims from third parties that exceed our performance obligations in a comparable product liability case in Germany. This also applies if we adhere to the contract. The law of the Federal Republic of Germany, which governs the legal relationships of domestic contracting parties, shall apply without exception; the application of UN sales law or US law is hereby expressly excluded.

Information, Consultation

All oral and written statements regarding the suitability and application possibilities of our goods are made to the best of our knowledge. The purchaser is not relieved of the obligation to verify the suitability of the goods for the intended purpose through their own examination.

Place of Performance and Jurisdiction

The place of performance and jurisdiction is Balingen. German law applies to the contractual relationships.

Producer Liability

It should be noted that stricter legal provisions apply to custom-made products. Changes and constructive interventions are only possible if they comply with safety requirements and the written approval of the management of Rausch Technik GmbH has been expressly obtained.

General

If any provisions of the above delivery and payment terms are invalid or non-binding for any reason, the validity and binding nature of the remaining provisions shall not be affected.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the order.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email).

To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.