Terms and Conditions FlightLife Kruger
5000 Aarau, Suisse
Date: 02. March 2018
Art. 2 Offer and conclusion of contract
All offers from FlightLife are always non-binding. All orders are binding and can not be canceled (see also Art. 7, returns of goods). Contracts and other agreements become binding only upon written confirmation by FlightLife.
The details of the object of delivery or service (for example, weight, mass and technical data) and the illustrations thereof (for example, drawings and illustrations) are only approximate. They do not constitute a guarantee of quality or durability, but descriptions or identifications of the delivery or service. Commercial deviations and deviations, which take place due to legal regulations or represent technical improvements, are permissible, as far as they do not affect the usability for the contractually intended purpose.
Art. 3 Delivery times, delayed delivery and non-delivery
Warehouse items are delivered immediately to the buyer. The estimated delivery date for items that are not immediately available will be communicated to the buyer in an appropriate form. FlightLife makes every effort to comply with the delivery deadlines it has specified, but can not assume any liability for this, as FlightLife itself depends on the appointment details of its suppliers. The deadlines specified by FlightLife are non-binding and to be understood as average delivery times. If an order is delivered outside of the specified deadlines, there is no claim for damages.
In cases of force majeure and other events unforeseeable at the time of conclusion of the contract which FlightLife is not responsible for and which would make the delivery considerably more difficult or impossible, FlightLife shall be entitled to withdraw, provided the hindrance is not only temporary. Insofar as the buyer can not reasonably be expected to accept the delivery as a result of the delay, he can withdraw FlightLife from the contract by means of an immediate written declaration. Claims for damages are excluded in all cases.
Delivery periods and dates are extended by the period in which the buyer is in default with his contractual obligations. This also applies if the buyer is in default of his contractual obligations under other contracts in an ongoing business relationship.
FlightLife reserves the right to deliver the goods only on prepayment in case of suspected fraud.
As a subcontracted order on the part of the customer makes an open claim for FlightLife – the open invoice will of course be requested even if the delivery is reserved.
Art. 4 Shipping and transfer of risk
Unless otherwise agreed, the shipping route and means are left to FlightLife. If the shipment is delayed due to the fault of the buyer, the goods are stored at the expense and risk of the buyer. In this case, the display of readiness for shipment is the same as shipping.
Incidentally, the risk passes to the buyer when the goods are handed over to a freight forwarder, the carrier or the person or company otherwise responsible for carrying out the shipment. Deviating from this, the risk passes to the buyer at the latest at the time when the goods leave the warehouse of FlightLife or its suppliers.
Art. 5 Loss and transport damage, notice of defects
No deliveries by FlightLife are insured against theft and transport damage. The buyer is obligated to record open transport damages as well as missing delivery items immediately upon receipt of the goods and have them confirmed by the company or person commissioned with the delivery. Hidden damages must be reported to FlightLife in writing by the buyer within a period of 6 days.
If these specifications are omitted by the buyer, then any insurance cover is void, and all costs for repair, repair or replacement of the delivered goods shall be borne by the buyer. FlightLife and the company or person entrusted with the delivery can not be held liable in such cases.
Notification of defects must be reported by the buyer to FlightLife within 6 days, otherwise the delivery is considered approved.
Returns are only allowed if the bulletproof glass has been returned with the packaging in perfect and original packaging (packaging also unused).
If the bulletproof glass has already been used, we also reject a return.
Art. 6 Transport costs
Ordinary delivery to the buyer’s address is subject to a charge. Extraordinary deliveries and express deliveries will be charged according to expenses. In the case of an unfounded refusal of acceptance, the transport costs will be charged to the buyer.
Art. 7 Goods returns
All orders that the Buyer makes in writing via FlightLife, via the electronic order platform www.flightlife.de, by e-mail or orally, are binding and can not be canceled. Goods can not be returned.
We reserve the right to approve redemptions from grace.
However, orders over 100 francs will not be taken back.
It is absolutely necessary to contact our team before a goods return can take place.
Art. 8 Prices and Payment
All prices are always plus value added tax in the respectively valid amount as well as the advance disposal fee (VRG) or other legal charges valid for the corresponding product category.
The terms of payment according to the valid frame purchase agreement between FlightLife and the buyer always apply.
If, after conclusion of the contract, FlightLife becomes aware of circumstances which significantly affect the creditworthiness of the buyer, FlightLife is entitled to execute or deliver outstanding deliveries or services only against advance payment or security.
In case of incorrect information (wrong name or address), the buyer is liable for the misconduct.
Art. 9 Retention of title
Until full payment of the purchase price, all goods remain the property of FlightLife. FlightLife is entitled at any time to register a reservation of title for products delivered to the buyer. The buyer is obliged to assist in the registration, if necessary. In particular, the buyer agrees and agrees that FlightLife can register unilaterally with the relevant retention of title register and also after delivery.
Art. 10 Warranty
In principle, the warranties of the manufacturers of the individual products always apply. For deliveries of goods ex warehouse Dulliken FlightLife a warranty of 2 years (for production failures) from the date of sale to the end consumer, but at the latest 36 months from the date of purchase at FlightLife. A warranty claim must always be confirmed by means of a copy of the invoice.
Repair shipments must always be made to the repair center designated by the individual manufacturer, and not to FlightLife. An overview of the respective repair locations is provided by FlightLife in a suitable form.
Art. 11 Liability for damages
The liability of FlightLife and its employees is excluded. This exclusion does not apply if intentional or grossly negligent action is involved or if the violation of essential contractual obligations is involved.
As far as FlightLife is basically liable according to Art. 1, this liability is excluded
a) for claims for damages for non-performance, as far as compensation for indirect or consequential damages is required
b) for non-contractual, foreseeable damages;
c) for damages that can be controlled by the buyer;
d) for damages that exceed 10 times the remuneration for the delivery and / or performance of the seller.
Insofar as in the branch of the buyer the causal risk for the occurred damage is usually insured by this, the liability of the seller is excluded.
The foregoing exclusions and limitations of liability apply to the same extent to the benefit of legal representatives, other bodies, senior and non-executive employees and other employees of FlightLife.
Art. 12 Validity
For the purchase contract always valid at the time of the conclusion of the contract valid version of the General Terms and Conditions.
Art. 13 Place of performance, court status
Place of performance and exclusive place of jurisdiction for deliveries and payments as well as for all disputes arising between the parties is Dulliken. At the option of FlightLife, however, the latter may also claim the buyer at his general place of jurisdiction.
The relations between the contracting parties are governed exclusively by Swiss law.
Art. 14 Severability clause
If individual provisions of these terms and conditions are or become invalid in whole or in part, this shall not affect the validity of the remaining part or the remaining provisions. In place of the invalid provision or the invalid part of the provision, the legally valid provision that comes closest to the purpose of the ineffective provision shall apply.
Art. 15 Customer data / marketing
Once customers order from FlightLife, FlightLife may use your customer information for marketing purposes.
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