1. General Validity
The following conditions apply both to the present order and to all future transactions with the buyer. Any provisions of the buyer that conflict with our terms and are stated in order forms or other documents are only binding if we have expressly acknowledged them in writing.
2. Written Form
Verbal agreements are only valid if confirmed in writing.
3. Offer and Conclusion of Contract
All offers are non-binding unless expressly limited in time. Orders are only legally binding upon our written confirmation, which determines the content of the contractual relationship. For accepted orders, prices are fixed; however, the seller reserves the right to apply a surcharge in the event of increases in wages, freight, taxes, or supplier prices. Estimates for repair work are prepared as accurately as possible but are non-binding. Installation prices are always non-binding. Prices are ex works and exclusive of VAT and other costs, including installation charges. The buyer has the right to object to the terms within 8 days of receiving the order confirmation. Otherwise, these conditions are deemed accepted.
4. Delivery Times and Delay
Stated delivery times are non-binding. Delays do not entitle the buyer to withdraw from the contract. Withdrawal is only permitted after a written grace period of at least one month has been granted. Claims for damages are excluded. In the case of withdrawal by the buyer before the expiration of the grace period, the seller is entitled to charge 30% of the purchase price for administrative and lost profit costs. Partial deliveries are permitted. Used items cannot be returned, even if only briefly used (e.g., for test fitting). Custom-made items, including installation kits and partitions, are excluded from exchange or return.
5. Shipping
Shipping is at the buyer’s expense, ex works. Risk transfers to the buyer upon handover to the carrier or upon leaving the factory, including the risk of confiscation. Transport method and route are chosen at our discretion unless otherwise specified, without liability for the cheapest or fastest option. In case of damage, the recipient must request a formal report from the carrier. All claims against the railway or any freight carrier are hereby assigned in advance to the seller. A declaration of assignment must also be provided by the recipient so the damage claim can be reported to the carrier or their insurer.
6. Warranty and Complaints
The seller is liable only for repair or replacement of defective parts, free of charge, within 24 months of delivery, if due to proven material or manufacturing defects. Defects must be reported in writing immediately after detection, with the warranty card and a warranty claim form enclosed. Warranty applies only to the original purchaser. Goods must be returned freight-free with the buyer’s name and address. The buyer must allow adequate time and opportunity for replacement. Replaced parts become the property of the seller. Complaints must be reported within one week of receipt. Excluded from warranty are damages due to normal wear, improper use, or unsuitable materials. Warranty for third-party parts is limited to the manufacturer’s coverage. Liability for consequential damages or costs for temporary replacement (e.g., rental vehicles) is excluded. Adjustments to the vehicle, such as removing the trunk cover or folding down seats, are not grounds for complaint. No claims for price reduction, contract cancellation, or damages will be accepted. Power is preferably drawn from the original vehicle socket regardless of terminal type, or otherwise directly from the battery. The warranty is void if unauthorized repairs or modifications are made.
7. Accident Liability
We accept no liability for material or personal damage, including consequential damage, arising from the use or installation of our products. We especially disclaim all liability in traffic accidents, regardless of prior inspection by technical authorities. Our products have not undergone crash testing. Safety is considered equivalent to transporting similar loose cargo in a vehicle.
8. Payment Terms
Unless otherwise agreed, payment is due within 14 days net from the invoice date. Interest of 3% above the base rate will apply for late payments. If payment terms are not met or the buyer’s creditworthiness becomes doubtful, all outstanding payments become due immediately, regardless of any accepted payment instruments. In such cases, we may demand prepayment or security before delivering further goods, and may withdraw from the contract after a reasonable grace period. Replacements and repairs are payable immediately upon invoicing. We reserve the right to ship COD. Offsetting with counterclaims or withholding payment is only permitted if acknowledged by us or legally established. For invoice amounts exceeding €3,000, we ship only against advance payment or COD.
9. Retention of Title
Ownership of the delivered goods remains with us as security for all current and future claims. Claims arising from resale of goods are already assigned to us. The buyer may collect such claims while fulfilling their obligations to us. If not, they must disclose debtor addresses and invoice copies. The buyer authorizes us to inform the debtors of the assignment. If the value of securities exceeds our claims by more than 25%, we will release excess securities at the buyer’s request.
10. Liability Disclaimer Beyond These Terms
Our liability is strictly limited to what is stated in these terms. Any additional claims—including for damages—are excluded, regardless of legal basis. This does not apply in cases of intent, gross negligence, or the absence of guaranteed features.
11. Product Liability
If the buyer resells our products in countries with stricter liability regulations than in Germany, they must inform us when placing the order. We may then cancel the contract within one month. If not informed, we may still cancel within a month of learning of such regulations. In that case, the buyer must indemnify us against third-party claims exceeding our liability under German law. German law applies exclusively; UN and U.S. law are expressly excluded.
12. Information and Advice
All oral and written advice on product suitability and applications is given to the best of our knowledge. Buyers are responsible for verifying product suitability for their intended use through their own testing.
13. Place of Performance and Jurisdiction
Place of performance and jurisdiction is Balingen, Germany. German law governs the contractual relationship.
14. Data Protection
We reserve the right to store and use personal data of the buyer.
15. Manufacturer’s Liability
For custom-made products, stricter legal standards apply. Modifications are only permitted if they meet safety requirements and are approved in writing by Rausch Technik GmbH management.
16. General Provisions
If any part of these terms is found to be invalid or unenforceable, the remainder remains fully valid and enforceable.