Terms and Conditions

SAX Power GmbH, Oberer Luß 12, 89155 Erbach, Germany
As of May 17, 2024

Section 1 Scope of Application
1.1 For business relationships between SAX Power and the customer – this designation is used here
in a gender-neutral manner – the following General
Terms and Conditions in their version valid at the time of the order shall apply to all orders.
1.2 Please read these conditions carefully before placing an order with SAX Power
. By placing an order with SAX Power, you agree to the application
of these conditions to your order.

Section 2 Conclusion of Contract
2.1 The presentation of SAX Power products on our website merely constitutes an
invitation to submit a contractual offer. By sending an inquiry,
the customer submits an offer within the meaning of Section 145 of the German Civil Code (BGB). The customer will receive a confirmation
of receipt of the inquiry via email.
2.2 The contract with SAX Power is concluded when we accept the customer’s offer in writing or in text form after the order has been sent.
The decisive factor in this respect is the time
at which the declaration of acceptance reaches the customer. Please note that the confirmation of
receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
2.3 If, after checking the technical conditions
at the customer’s site, SAX Power and the customer determine that the order cannot be executed under the
agreed framework conditions due to a lack of technical requirements, both parties shall have an
extraordinary right to withdraw from the contract. Alternatively, a contract amendment can be agreed upon by mutual
consent; this must be in writing.
2.4 In the event that the goods are unavailable, the customer will be informed immediately. In the event
of unavailability, any advance payment made will be refunded immediately.
2.5 Changes and additions by the customer after the written
order confirmation require separate written agreements between the
parties.
2.6 The validity of contracts for quantities larger than those customary for households, as well as the
commercial resale of the purchased item, requires the express consent
of SAX Power. This applies both to the number of products ordered within
the scope of one order and to the placement of several orders for the same
product where the individual orders comprise a quantity customary for households.

Section 3 Prices and Payment Terms
3.1 Our prices include the applicable statutory value-added tax. Prices are to be
agreed individually with the customer according to the scope of delivery.
3.2 Before delivery, the customer will be informed of the delivery date, at which point the
final payment becomes due.
3.3 The goods will only be delivered after receipt of the final payment. The prices
quoted to the customer are ex works, excluding transport costs. Only the payment methods
displayed to the customer during the ordering process will be accepted.
3.4 The customer is not permitted to pay for the goods by sending cash or checks.

3.5 Should the purchaser fall into arrears with payment, SAX Power reserves the
right to claim damages for delay.

Section 4 Delivery, Shipping Costs, Transfer of Risk
4.1 Unless otherwise agreed, delivery shall be made to the delivery address provided by the customer.
We point out that all information regarding availability, shipping, or
delivery of a product are merely estimated details and approximate guidelines.
They do not represent binding or guaranteed shipping or delivery dates.
4.2 If SAX Power determines during the processing of the order that products ordered by the customer
are not available, the customer will be informed separately via email. The
customer’s statutory claims remain unaffected.
4.3 Delivery is made at the shipping costs specified in each individual case. The
customer bears the shipping costs in addition to the purchase price. The shipping costs are
shown separately in the purchase contract.
4.4 If the customer is a consumer, SAX Power bears the shipping risk in every case,
regardless of the shipping method. If the customer is an entrepreneur, all risks and
dangers of shipping pass to the customer as soon as the goods have been handed over by us to the
commissioned logistics partner.
4.5 If the shipping or acceptance of the goods is delayed or
made impossible by the customer, all risks and dangers of shipping pass to the customer.
The customer assumes the resulting costs and liability. Further
claims or rights are reserved.
4.6 Packaging must be disposed of professionally by the customer.

Section 5 Transport Damage
5.1 Should the purchaser receive the goods with obvious transport damage,
SAX Power requests that they report this within 5 working days.
5.2 Should the purchaser fail to make a complaint, this has no consequences for the
statutory warranty rights. The purpose of the complaint is merely to enable SAX Power to
assert its own claims against the carrier.

Section 6 Retention of Title
The delivered goods remain the property of SAX Power until full payment of the purchase price.

Section 7 Liability for Defects
7.1 SAX Power is liable according to the statutory provisions for the quality of the delivered goods agreed upon in the contract and data sheet.
Changes and additions due to
technical further development do not constitute defects in the goods.
7.2 If damage or a defect occurs due to operating errors on the part of the customer,
the costs for the inspection and other services are to be borne by the customer.
7.3 Any further liability for consequential damages is excluded, regardless of the legal nature of the
asserted claim. SAX Power is not liable for damages that have not
occurred to the goods themselves, such as loss of profit and other
financial losses.
7.4 Liability for defects expires if changes to hardware or software are made to the
delivered goods by the customer.
7.5 Insofar as the customer is entitled to a claim for damages instead of performance,
SAX Power’s liability is generally limited to compensation for foreseeable, typically
occurring damage.
7.6 Insofar as SAX Power’s liability is excluded or limited, this also applies to
the personal liability of employees, representatives, and vicarious agents.
7.7 The statutory limitation period for claims for defects applies.

Section 8 Intellectual Property Rights, Software Use
8.1 SAX Power remains the owner of all copyright and exploitation rights to the documents provided to the customer
in written or electronic
form as part of the fulfillment of the order.
8.2 The customer only has the right to use the delivered software and the associated
updates in relation to the delivery item. Further use, in particular the
modification, processing, duplication, translation of the software, as well as the conversion
of object code into source code, is not permitted for the customer.
8.3 Any change to the factory-set parameters is only permitted by SAX
Power.

Section 9 Data Protection
9.1 SAX Power uses personal data of customers (e.g., name, address, email
address). SAX Power undertakes to obtain prior consent for such use.
SAX Power undertakes not to pass on any data to third parties without the
customer’s prior consent.
9.2 SAX Power points out that the transmission of data on the Internet (e.g., via email)
can have security gaps. Accordingly, error-free and trouble-free protection
of third-party data cannot be fully guaranteed. In this regard, our liability is
excluded.
9.3 Third parties are not entitled to use contact data for commercial activities
unless the provider has given the persons concerned prior written consent.

9.4 The customer has the right at any time to receive full information from SAX Power about the
data stored concerning them, free of charge.
9.5 Furthermore, the customer has a right to the correction/deletion of data or a
restriction of processing.
9.6 Our company regularly checks your creditworthiness when concluding contracts and, in certain cases
where there is a legitimate interest, also for existing customers. For this purpose, we work
with Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from
whom we receive the necessary data. For this purpose, we transmit your name and
your contact details to Creditreform Boniversum GmbH. Information according to Art. 14 of the
EU General Data Protection Regulation on the data processing taking place at Creditreform Boniversum GmbH
can be found here:
https://www.boniversum.de/eu-dsgvo/informationen-nach-eu-dsgvo-fuer-verbraucher/

or scan the QR code.

Section 10 Information for Consumers for Distance Selling Contracts and Customer Information
for Contracts in Electronic Commerce
10.1 SAX Power is not subject to any special codes of conduct not mentioned above.
10.2 The customer can identify any input errors when placing their order during the
final confirmation before sending your contractual declaration and correct them using
the delete and change function before sending the order.
10.3 The essential characteristics of the goods offered by us as well as the
validity period of limited offers can be found in the individual product descriptions within
our website.
10.4 The language available for the conclusion of the contract is German/English.
10.5 The customer can submit complaints and claims for liability for defects to the address given in the
legal notice.
10.6 The text of the contract is not stored by us and is therefore not accessible to the customer through us after
the conclusion of the contract.
10.7 Information on payment, delivery, or fulfillment can be found in the offer.

Section 11 Place of Performance, Jurisdiction, Applicable Law
11.1 The place of performance is the registered office of SAX Power GmbH.
11.2 The place of jurisdiction is the seat of SAX Power GmbH in Ulm, Germany.
11.3 The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is
excluded.