Términos y condiciones

General Terms and Conditions of Trading for plc-mall.com (referred to as PLCM in the following)

I. General Information and scope of validity

(1) Deliveries and services provided by PLCM - including those in the future - are exclusively subject to the following terms and conditions. Any other conditions are invalid unless they have been agreed upon by PLCM expressly and in writing. Counter confirmations by the buyer with reference to his own conditions of trading or purchasing are herewith expressly denied.

(2) These terms and conditions of PLCM are only valid towards residents in the United States acting in their professional capacity.

II. Formation of the contract

(1) By checking out, the buyer enters into a binding contract of the purchase. This purchase can only be made and transmitted if the buyer has read and accepted these terms and conditions. PLCM only sells to responsible buyers over the age of 18.

(2) PLCM will then send the buyer an automated acknowledgment by email. The automated acknowledgment only documents that the buyer’s order has been received by PLCM and does not constitute an acceptance of the offer. The contract will only be formed when delivery takes place or when PLCM confirms the order by email.

III. Deliveries and services

(1) Unless agreed otherwise, delivery dates are non-binding.

(2) Binding delivery dates are considered to have been complied with if the goods have been handed over to the carrier by the agreed date.

(3) Deliveries are subject to unforeseen circumstances such as force of nature, official sanctions, industrial action, interruptions of operations or traffic interruptions etc. as well as subject to the availability of supplies and raw materials.

(4) Should the buyer fail to accept receipt of the goods, PLCM is entitled to make a claim for the resulting damages including possible additional expenses.

IV. Prices and payment conditions

(1) PLCM’s prices do not include the necessary sales tax. The sales tax will be listed separately in the invoice.

(2) Unless stated otherwise in the order confirmation or the invoice, the purchase price becomes due immediately and without any deductions when the goods or services are handed over. Should the buyer be in default of payment, PLCM is entitled to charge an insufficient funds fee of $25 and a minimum interest rate of at least 10% of the amount owed.

V. Transfer of risk

(1) All risks will be transferred to the buyer when the goods are handed over to a carrier. This also applies when PLCM agreed to provide services such as courier costs.

(2) PLCM ensures that goods are packaged appropriately for transport and arranges transport by courier. PLCM has no further obligations relating to the dispatch of the goods.

(3) Should the buyer expressly and in writing request transport insurance, PLCM will insure the goods at the buyer’s expense.

VI. Warranty

(1) On receipt of the goods the buyer is asked to notify PLCM in writing and immediately, of any discrepencies of the parts or documentation with the contract. These defects need to be described explicitly. Further, the buyer is asked to examine the goods and/or the documentation without delay, at the very latest within one week of receipt. The buyer must notify PLCM in writing within one week of the time he noticed or should have noticed the discrepency, describing the discrepency in detail, otherwise the buyer loses the right to be compensated for the discrepency. The buyer’s reasons for failure to comply with these requirements are irrelevant. The buyer’s written notification of defects must be sent by the buyer within the one week deadline from acceptance of the goods or, if applicable, from the establishment of the discrepency of goods with the contract; additionally, receipt of the notification of defects by PLCM has to be ensured.

(2) If the parts or the documentation fail to comply with the contract, PLCM is entitled to resolve the discrepency through subsequent rectification or replacement delivery even following the agreed delivery deadline. Unless the contract or the circumstances of the contract formation indicate otherwise, there will be no breach of contract if the goods fail to comply with any technical or other applicable standards.

(3) If the non-compliance of the parts or documents cannot be resolved within a suitable amount of time either by subsequent repairs or replacement delivery, the buyer can demand a reduction of the purchase price in relation to the reduced value of the goods.

(4) In the case of a discrepency of the parts or documentation with the contract, the buyer is not entitled to demand a cancellation of the contract, unless the discrepency represents a fundamental breach of contract. No fundamental breach of contract is present if PLCM resolves the discrepency within a suitable amount of time, no more than 6 weeks, set by the buyer.

(5) No warranty issues arise if the parts are used or operated incorrectly, escpecially if the wrong type of current or voltage is used, or in the case of fire, lightening strike, damp areas or explosion.

(6) The buyer’s right to make claims under the warranty will expire 12 months after the goods have been accepted by the customer.

(7) Warranty rights become void when markers such as serial numbers or classifications are removed or made illegible, unless the buyer proves the goods were received in this manner from PLCM.

VII. Limitation of Liability

(1) PLCM’s liability for damages - in particular for ensuing asset loss due to late delivery or discrepencies of the goods or documentation with the contract - is excluded, unless it is based on at least gross negligence or intent.

(2) PLCM’s liability in line with the applicable and contractually unchangeable statutory product liability regulations remains unaffected.

(3) If PLCM’s liability is restricted or excluded due to the aforementioned regulations, the same also applies to the personal liability of PLCM’s employees, representatives and subcontractors.

VIII. Retention of title

(1) The supplied parts will remain the property of PLCM until the purchase price has been paid in full.

PLC-Mall, 2023