CONDITIONS OF SALE AND DELIVERY
1. The field of application and the handling of our products (called "ABS") follow from the brochure and the product information and instructions for use enclosed with each device. We would like to explicitly emphasize that upon resale, it is to be pointed out to the consumer that our product does not prevent avalanche or snow slab release, and that the risk of a release is not altered by using it. Thus, even with an ABS avalanche airbag there is danger to life in any avalanche. The customer commits to pass on the subsequent directions for use upon handing on or reselling the products to his customers and/or a third party, as well as to oblige these to observe the product information and instructions for use and to commit third parties accordingly in turn when handing on the product.
2. The customer undertakes to deploy ABS devices only in ABS backpack models for reasons of safety. The authorization is substantiated by the ABS logo on the carrying facility. Upon handing on or resale of the product to third parties, the customer must also commit the third party accordingly.
3. The customer commits furthermore to comply with the following directions for use and to pass on that obligation to third parties in the case of handing on or reselling the product: ABS cartridges may be used exclusively in ABS tapping and filling systems. When used in third-party devices, there is the risk of faulty activation. In ABS tapping and filling systems, merely original ABS cartridges may be used. When using third-party cartridges, there is the risk of faulty activation and damage to the system. In case of non-compliance, we disclaim all warranties and product liability for damages resulting from such improper use.
4. Anyone using an ABS is obligated to comply with the instructions for use. If an ABS is handed on, the recipient has to be committed to observe these instructions for use. If an ABS is stored, carried or prepared or used contrary to the instructions for use, the functionality of the ABS may be impaired. ABS is not liable for damages caused by improper use and/or storage contrary to the instructions for use. If the customer neglects to further commit a third party with regard to compliance and committing in turn with respect to the directions and instructions for use, the customer has to exempt ABS from any third party claims arising.
5. For the quality of the materials used for the ABS and for the mode of processing, reference values from comparable fields of requirements were used as a basis. These values form the requirements profile of the material and functional tests by the TÜV Produktservice GmbH (Product Service of the Technical Control Board, company with limited liability, in Germany) as part of the GS-seal test (Safety Tested) and according to the PPE (Personal Protective Equipment) guidelines 89/686 EEC. Especially in avalanches, forces and circumstances may occur that exceed these values. We would therefore like to explicitly emphasize that the ABS in its entirety and in individual areas (balloon material, fastening material, backpack, bags, etc.) cannot withstand all potential strains and loads occurring in connection with avalanches.
6. The manufacturers of the ABS are liable for material exclusively in the context of the values of the material and functional tests by TÜV Produktservice GmbH. This liability is expressly limited to intact, functional, non-modified ABS devices, ABS gas cartridges and accessories, applied according to the instructions for use. If the product is defective, we shall be given the opportunity to replace the goods supplied by us, free of charge. If supplementary performance fails, the customer can reduce the purchase price. ABS is liable under the legal provisions for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by ABS or a legal representative or vicarious agent of ABS. Furthermore, ABS is liable under the legal provisions for other damages resulting from an intentional or grossly negligent breach of duty by ABS or a legal representative or vicarious agent of ABS. ABS is also liable for damages resulting from an intentional or negligent infringement of essential contractual obligations. Otherwise, liability of ABS for damage is excluded; no further claims for damages or reimbursement of futile expenditure can be made by the customer. The legal product liability under the Product Liability Act remains unaffected by this limitation of liability. Complaints or notifications of defects must be filed immediately in writing - but within 30 days at the latest - after receipt of the goods. This does not apply to hidden defects. In the case of prolonged periods of storage or application, the functional performance can be limited owing to material fatigue. There is the possibility of having the ABS devices reviewed by the manufacturer for a fee and having parts renewed if necessary so that the functional performance is guaranteed once again. The customer undertakes to expressly include this in his sales literature and, if applicable, his GTC, and upon passing on the ABS, to provide for a corresponding commitment of third parties in turn.
7. Our quotations are non-binding with respect to price, quantity, delay of delivery and availability. Sale, delivery, packaging and service shall take place exclusively according to our conditions. Conditions by the customer do not constitute an obligation to us, even if they are not expressly rejected by us, or if the conditions by the customer stipulate that deviant conditions by the supplier shall not apply or do so only following written acknowledgment. Our conditions are accepted by the customer upon ordering, and any conflicting conditions shall be dropped. Supply contracts, amendments, supplements and collateral agreements of the agreements made with our purchasers shall only become binding to us after written confirmation. The customer is not entitled to derive any claims against us from any obvious errors with respect to potential deviations in the catalogue and illustrations, typing and calculation errors. Our prices are ex works, excluding packaging and plus the respectively applicable legal VAT, unless otherwise agreed in writing with the customer. If the goods are shipped to the customer upon his request, the risk of accidental loss or of accidental deterioration of the goods will pass on to the customer with the dispatch of the goods to the customer.
8. The goods delivered by us shall remain our property until full payment of the invoice amount as well as of all of our outstanding debits from our business relationship, including all collateral charges (in case of payment by cheque or by bill of exchange until the cheque or bill of exchange have been cashed). The purchaser is not entitled to pledge the goods supplied by us to third parties or to assign them for security purposes. The purchaser commits to immediately notify us in case of seizure of goods still in our property or of any outstanding debits assigned to us, payable by his customers, and to advance the cost of a potential intervention lawsuit; he will have to ultimately bear these costs, if the opposing party fails to refund them. The customer can assert a set-off or right of retention only on the basis of undisputed or legally valid, established claims.
9. Should individual provisions of these conditions be ineffective or unenforceable, the parties will replace the ineffective or unenforceable provision without delay by an equivalent effective and enforceable provision which is closest to the purpose intended to be achieved by the invalid or unenforceable provision. § 139 BGB (German Civil Code) is hereby waived. No verbal agreements have been made. Any amendments or supplements must be in writing.
10. The exclusive venue and place of fulfilment is Munich. The place of fulfilment for any potential supplementary performances shall also be Munich. German law applies, excluding the UN purchasing law. These Conditions of Sale and Delivery shall also apply to all future contracts with the customer.