Imprint
The company responsible for the content of the website (https://www.khanalytics.de), in particular for the use and presentation of images and graphics, is (mandatory information in the imprint):
Information according to § 5 TMG:
KHAnalytics GmbH
Zeppelinstraße 8
48301 Nottuln
Contact:
Tel. +49(0)2509 994861
Fax. +49(0)2509 994862
www.khanalytics.de
info@khanalytics.de
Managing Director:
Mathias Hiesel
VAT identification number:
DE262313578
Register number:
District court: Coesfeld HRB7226
Responsible for the content according to § 55 para. 2 RStV:
KHAnalytics GmbH
Mathias Hiesel
Zeppelinstraße 8
48301 Nottuln
dispute resolution
The European Commission provides a platform for online dispute resolution (OS):
http://ec.europa.eu/consumers/odr
You can find our email address above in the imprint. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Liability for Content
As a service provider, we are liable for our own content on these pages in accordance with Section 7, Paragraph 1 of the German Telemedia Act (TMG). However, according to Sections 8 to 10 of the German Telemedia Act (TMG), as a service provider we are not obligated to monitor submitted or stored information or to search for evidences that indicate illegal activities. Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. If we become aware of any such violations of law, we will remove this content immediately.
Liability for Links
Our offer contains links to external third-party websites over whose content we have no influence. We therefore cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent control of the content of the linked pages is not reasonable without concrete evidence of a legal violation. If we become aware of any legal violations, we will remove such links immediately.
copyright
The content and works on these pages created by the site operators are subject to German copyright law. Duplication, processing, distribution and any type of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. Insofar as the content on this page was not created by the operator, the copyrights of third parties are observed. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, we ask you to notify us accordingly. If we become aware of any infringements, we will remove such content immediately.
GENERAL TERMS AND CONDITIONS
§ 1 Scope
1. These terms and conditions of sale apply exclusively to entrepreneurs, legal entities
under public law or special funds under public law within the meaning of § 310
paragraph 1 of the German Civil Code (BGB). We only accept terms and conditions
of the customer that conflict with or deviate from our terms and conditions of
sale if we expressly agree to their validity in writing.
2. These terms and conditions of sale also apply to all future transactions with the customer, provided that they are legal transactions of a similar nature (as a precaution, the terms and conditions of sale should always be included in the order confirmation).
3. Individual agreements made with the buyer in individual cases (including ancillary agreements, additions and changes) always take precedence over these terms and conditions of sale. The content of such agreements is determined, subject to proof to the contrary, by a written contract or our written confirmation.
§ 2 Offerand conclusion of contract
If an order is to be regarded as an offer in accordance with § 145 of the German Civil Code (BGB), we can accept it within two weeks.
§3 Documents provided
We reserve ownership and copyright to all documents provided to the customer in connection with the order - including in electronic form - such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the customer's offer within the period specified in § 2, these documents must be returned to us immediately.
§ 4 Prices and payment
1. Unless otherwise agreed in writing, our prices are ex works, excluding packaging and plus VAT at the applicable rate. Packaging costs will be invoiced separately. The purchase price must be paid exclusively to the account specified overleaf. The deduction of discounts is only permitted with a special written agreement.
2. Unless otherwise agreed, the purchase price must be paid within 30 days of delivery.
Interest on arrears will be charged at a rate of 8% above the respective base
interest rate per annum. The right to claim higher damages for delay remains reserved.
3. Unless a fixed price agreement has been made, reasonable price changes due to changes in
wage, material and distribution costs remain reserved for deliveries that take
place 2 months or later after the conclusion of the contract.
§ 5 Rights of retention
The customer is only entitled to exercise a right of retention to the extent that
his counterclaim is based on the same contractual relationship.
§ 6 Delivery time
1. The start of the delivery time specified by us requires the timely and proper fulfillment
of the customer's obligations. The objection of non-fulfillment of the contract
remains reserved.
2. If the customer is in default of acceptance or culpably violates other obligations to
cooperate, we are entitled to demand compensation for the damage incurred by
us, including any additional expenses. Further claims remain reserved. If the
above conditions are met, the risk of accidental damage or accidental
deterioration of the purchased item passes to the customer at the time at which
the customer defaults on acceptance or payment.
3. In the event of a delay in delivery that was not caused by us intentionally or through
gross negligence, we are liable for each completed week of delay within the
framework of a flat-rate compensation for delay amounting to 3% of the delivery
value, but not more than 15% of the delivery value.
4. Other statutory claims and rights of the customer due to a delay in delivery remain
unaffected.
§ 7 Transfer of risk upon dispatch
If the goods are dispatched to the customer at the customer's request, the risk of
accidental damage or accidental deterioration of the goods passes to the
customer upon dispatch to the customer, at the latest when the goods leave the
factory/warehouse. This applies regardless of whether the goods are dispatched
from the place of performance or who bears the freight costs.
§ 8 Retention of title
1. We retain title to the delivered item until all claims arising from the delivery
contract have been paid in full. This also applies to all future deliveries,
even if we do not always expressly refer to this. We are entitled to take back
the purchased item if the customer acts in breach of contract.
2. The customer is obliged to treat the purchased item with care as long as ownership
has not yet passed to him. In particular, he is obliged to insure it at his own
expense against theft, fire and water damage to the value of the item as new.
If maintenance and inspection work has to be carried out, the customer must
carry it out in a timely manner at his own expense. As long as ownership has
not yet been transferred, the customer must notify us immediately in writing if
the delivered item is seized or subject to other interventions by third
parties. If the third party is unable to reimburse us for the legal and
extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of
Civil Procedure, the customer is liable for the loss incurred by us.
§ 9 Warranty and notification of defects as well as recourse/manufacturer's recourse
1. The customer's warranty rights require that the customer has properly fulfilled his
inspection and notification obligations under Section 377 of the German
Commercial Code.
2. Claims for defects expire 12 months after the goods delivered by us have been
delivered to our customer. The statutory limitation period applies to claims
for damages in the event of intent and gross negligence as well as injury to
life, body and health based on an intentional or negligent breach of duty by
the user.
3. If, despite all due care, the goods delivered have a defect that was already
present at the time of transfer of risk, we will repair the goods or deliver
replacement goods at our discretion, subject to timely notification of defects.
We must always be given the opportunity to remedy the defect within a
reasonable period of time. Recourse claims remain unaffected by the above
regulation without restriction.
4. If the remedy fails, the customer can - without prejudice to any claims for damages -
withdraw from the contract or reduce the remuneration.
5. Claims by the customer for the expenses required for the purpose of remedying the
defect, in particular transport, travel, labor and material costs, are excluded
to the extent that the expenses increase because the goods delivered by us were
subsequently transported to a location other than the customer's branch, unless
the transport corresponds to their intended use.
6. The purchaser's recourse claims against us only exist to the extent that the
purchaser has not made any agreements with his customer that go beyond the
legally mandatory claims for defects. Paragraph 5 also applies accordingly to
the scope of the purchaser's recourse claim against the supplier.
§ 10 Miscellaneous
1. This contract and all legal relationships between the parties are subject to the law
of the Federal Republic of Germany, excluding the UN Convention on Contracts
for the International Sale of Goods (CISG).
2. The place of performance and exclusive place of jurisdiction for all disputes
arising from this contract is our place of business, unless otherwise stated in
the order confirmation (note: the use of the clause is not permitted if at least
one of the parties is a company not registered in the commercial register)
3. All agreements made between the parties for the purpose of executing this contract
are set out in writing in this contract.
KHAnalytics GmbH HRB: 2788
Zeppelinstr.8 district court: Coesfeld
48301 Nottuln Vat ID No.: DE262313578
Tel. +49 (0)2509-994861 Bank: Volksbank Nottuln
Mail: info@khanalytics.de IBAN:DE05 4016 4352 5104 3502 00