1. General

Deliveries, services and offers from Argrarluft are provided exclusively in accordance with these terms and conditions. Orders are to be placed in writing if possible and confirmed by Argrarluft. Argrarluft will endeavour to meet deadlines that are not expressly designated as binding, but these are not binding. Agrarluft will only provide waste disposal services (e.g. of operating materials, waste oil, spare parts and old equipment) and transport of contaminated material on the basis of a separate agreement and against payment.

2. Prices

The prices according to the current price list of Agrarluft apply. All prices are exclusive of the statutory value added tax.

3. Work preparation times

The time required for work preparation (necessary preparatory and processing work) will be invoiced by Agrarluft according to the principles and prices applicable to working hours.

4. Warranty

The warranty period is twelve months. There is no warranty for insignificant breaches of duty and insignificant defects. Otherwise, the warranty is based on the statutory provisions. Unless otherwise agreed, the warranty period for new devices is 24 months and for used/refurbished devices it is a maximum of 12 months. In order to maintain the warranty period, machines or machine parts must be put into operation and logged by a specialist company. Furthermore, machines or machine parts must be regularly serviced. If damage is caused by third parties, knowingly or unknowingly, Agrarluft cannot be held liable. Unless a maintenance agreement has been expressly made, this is governed by the terms and conditions of Agrarluft. If a guideline is violated under ‘4. Warranty’, the warranty expires with immediate effect. Guarantees of the manufacturer apply independently of this.

5. Compensation

Agrarluft is liable in accordance with the statutory provisions insofar as claims for damages are asserted that are based on intent or gross negligence, including intent and gross negligence on the part of our representatives or vicarious agents. Insofar as there is no intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.
Agrarluft shall continue to be liable in accordance with the statutory provisions if it culpably breaches a material contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage. The liability for culpable injury to life, body or health remains unaffected; this also applies to the mandatory liability under the Product Liability Act.

6. Retention of title

Agrarluft retains ownership of the delivered items or spare parts, even if they have already been installed, until all claims against the customer to which Agrarluft is entitled for any legal reason have been satisfied.

7. Place of jurisdiction

If the customer is a merchant within the meaning of the German Commercial Code, the place of jurisdiction shall be Munich.

8. Maintenance

Unless otherwise expressly agreed, the maintenance and the maintenance interval shall be as follows:

Maintenance is to be carried out every year or after 2000 operating hours at the latest.

Additional terms and conditions for machine rental contracts:
The rented machine is to be returned without special request after the end of the rental period and, unless otherwise expressly agreed, to the business premises of Agrarluft. If the machine is not returned after the agreed end of the rental period, the agreed rental fee shall be increased by 50% from that point in time until the rented machine is returned. If the customer does not return the rented item after exceeding the agreed rental period and after setting a deadline for return,
Agrarluft may, after expiry of the deadline, demand as compensation the amount required to purchase a replacement machine.

9. Default of payment

Unless otherwise expressly agreed, each invoice amount is due immediately. A payment reminder will be sent after 7 days at the latest. A reminder will be sent after 14 days at the latest. A final reminder with €5 reminder fees will be sent after 21 days if no payment has been received. If no payment has been received after this, the invoice will be passed on to a collection agency. The customer will be liable for any further costs incurred. Agrarluft cannot be held liable for these.

10. Transport damage

The customer is obliged to check all goods sent to him for transport damage and to report any damage to the carrier. Agrarluft is to be informed immediately.

 

11. Return

It is generally possible to return items. In the case of mail order purchases, the customer must return the goods at his own expense. A return is only possible if the goods are unused, not damaged and still in their original packaging. If this is not the case, Agrarluft can refuse to take them back. If it is a special order or a customer-specific product, the customer may be charged a reasonable fee for the additional costs of the return shipment. The customer must pay for any additional costs.