General Terms and Conditions (GTC)
§ 1 Scope
(1) The following conditions apply to all offers and sales by CoolPak, Mert Kaan Pak.
Any terms and conditions of the buyer are not applicable.
§ 2 Offer and conclusion of contract
If an order is to be regarded as an offer in accordance with Section 145 of the German Civil Code (BGB), we can accept it within two weeks.
§ 3 Documents provided
We reserve ownership and rights to all documents provided to the customer in connection with the order, such as calculations, drawings, etc.
These documents may not be made available to third parties unless we give the customer our express written permission to do so.
Consent. If we do not accept the customer's offer within the period specified in Section 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.
(2) Payment of the purchase price must be made exclusively to the account specified overleaf. Deduction of discounts is only permitted by special written agreement.
(3) Unless otherwise agreed, the purchase price is payable within 10 days of invoicing. Interest on arrears will be charged at a rate of 8% above the respective
Base interest rate pa calculated.
§ 5 Set-off and retention rights
The customer is only entitled to set off if his counterclaims have been legally established or are undisputed. 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 period specified by us requires the timely and proper fulfilment of the customer's obligations. The objection of non-
fulfilled contract remains reserved.
(2) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we shall be entitled to claim the damages incurred by us in this respect,
including any additional expenses. Further claims remain reserved. If the above conditions are met, the
The risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser at the time when the purchaser is in the position to accept or
debtor has defaulted.
§ 7 Transfer of risk upon dispatch
If the goods are sent to the customer at the customer's request, the risk of accidental damage passes to the customer upon dispatch to the customer, at the latest upon leaving the factory/warehouse.
loss or accidental deterioration of the goods to the purchaser. 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 goods until all invoice amounts have been paid in full. We are entitled to return the goods
to withdraw the goods if the customer acts in breach of contract.
(2) The purchaser 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
own expense against theft, fire and water damage to the replacement value. If maintenance and inspection work must be carried out,
the customer must carry out these at his own expense in a timely manner. As long as the ownership has not yet been transferred, the customer must immediately inform us in writing
if the delivered item is seized or subject to other interventions by third parties. If the third party is not able to provide us with the legal
and to reimburse the 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.
(3) The purchaser is entitled to resell the reserved goods in the normal course of business. The purchaser's claims from the resale of the
The purchaser hereby assigns to us the reserved goods in the amount of the invoice amount agreed with us (including VAT). This assignment applies regardless of
regardless of whether the purchased item was resold without or after processing. The purchaser remains authorized to collect the claim even after the assignment.
Our right to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer fails to pay.
obligations arising from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been made
or payment has been suspended.
§ 9 Warranty and Notice of Defects
(1) Claims for defects expire 12 months after delivery of the goods supplied by us to our customer. The warranty period for used goods is excluded.
(2) If, despite all due care, the delivered goods have a defect that was already present at the time of transfer of risk, we will, at our discretion, repair the goods or deliver replacement goods, 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 provision without restriction.
(3) If the subsequent performance fails, the customer may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.
(4) Claims for defects do not apply in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences that are not assumed under the contract. If the customer or third parties carry out improper repair work or modifications, there are also no claims for defects for these and the resulting consequences.
(5) This only applies to refrigeration systems :
- spare parts guarantee
Our products come with a 1-year manufacturer's warranty on spare parts from the invoice date. This warranty is free of charge and does not involve any additional costs.
- full guarantee
We optionally offer a full 1-year guarantee, which is valid from the invoice date. This guarantee also covers the costs of tradesmen for work carried out by technicians commissioned by us within the guarantee period. The costs for this are 10% (1-year full guarantee) of the net value of the goods plus VAT.
§ 10 Miscellaneous
(1) This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany.
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office, unless otherwise stated in the order confirmation.
(3) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
(4) Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected. The parties
undertake to replace the invalid provision with a legally permissible provision that comes closest to the economic purpose of the invalid provision or fills this gap.