General Terms and Conditions of LEO COMPONENTS AKTIENGESELLSCHAFT
I. General / Scope
II. Offers
III. Prices
IV. Warranty / Compensation / Limitation period
V. Liability limitation
VI. Reservation of title
VII. Payment
VIII. Prohibition of assignment and offsetting
IX. Applicable law, place of performance, place of jurisdiction
X. Severability clause
XI. Oral collateral agreements
XII. Data protection
I. General / Scope
All offers, orders, commissions and deliveries shall be performed exclusively in accordance with the General Terms and Conditions ( “GTCs”). The catalogue and the offers of the company LEO COMPONENTS AG are intended only for buyers who use the goods exclusively within the framework of their independent commercial activity as resellers. By placing the order the buyer confirms the corresponding utilisation of the goods. The GTCs apply to all contractual and business relationships between LEO COMPONENTS AG and the respective contractual and business partners. Of relevance is the respective version valid at the time of the conclusion of the contract. These GTSs are exclusively applicable. Insofar as the GTCs of a business partner contradict or are in opposition to these GTCs, these provisions shall now be contradicted. Such GTCs shall be valid only if the respective provisions have been specifically confirmed in writing. Insofar as the GTCs of the business partner contradict the GTCs of LEO COMPONENTS AG, only the GTCs of LEO COMPONENTS AG shall be valid. The business partner expressly agrees that his GTCs shall have subsidiary force.
II. Offers
Our offers are essentially non-binding. A commission shall be considered binding only following our written confirmation. As a rule, offers made by customers shall be made by means of a completed order form. This offer with the delivery and the presentation of an invoice shall be considered to have been accepted if the goods are dispatched within a period of 4 weeks following the receipt of the customer offer. If a customer orders a large number of goods, and if only a part of these can be delivered, then an agreement pertaining to the purchase of these goods shall be established upon the dispatch of the deliverable part of the goods, unless the partial delivery is clearly nonsensical for the customer, or if the customer indicated in writing at the time of the order that he was interested only in a complete delivery.
III. Prices
Prices are applicable ex the company LEO COMPONENTS AG as net individual prices in CHF plus the respective applicable value added tax and forwarding costs. If the prices shown in the catalogue cannot be maintained until the delivery of the ordered goods, then the changed price information shall be reported to the customer together with the delivery and forwarding of the invoice. In the event of a price increase of this nature, the customer may reject the goods without delay and may send these back to the company LEO COMPONENTS AG at its expense if the increased net price exceeds the price printed in the most recent catalogue by at least 10%.
IV. Warranty / Compensation / Limitation period
The customer must report any evident defects – in particular transport damage suffered by the goods – to the company LEO COMPONENTS AG in writing without culpable delay. The report must be sent at the latest within a period of 1 week following receipt of the goods. In the event of there being a defect, the company LEO COMPONENTS AG shall first be entitled to rectify or to provide a replacement delivery, whereby the subsequent delivery shall be performed without forwarding charges. If two attempted rectifications or replacement deliveries prove unsuccessful, then the customer may demand either the cancellation of the sale or a price reduction.
Any possible claims for compensation brought against LEO COMPONENTS AG shall essentially be statute-barred within six months following knowledge of the damage and the cause of the damage, although in every case after the expiry of two years following presentation.
V. Liability limitation
The company LEO COMPONENTS AG shall not be liable vis- à-vis the business partner for damages on the grounds of minor negligence. Liability shall be limited to wilful intent and gross negligence. Insofar as the customer brings a claim of wilful intent or gross negligence, the customer must provide prove thereof. This consequently means that the company LEO COMPONENTS AG shall not be required to prove that it did not act wilfully or with gross negligence. Insofar as the damage is covered by an insurance policy taken out by the customer for the respective claim, then the company LEO COMPONENTS AG shall be liable only for any possible associated disadvantages suffered by the customer, e.g. higher insurance premiums or interest disadvantages until the claim has been settled by the insurer. The personal liability of the statutory representatives, vicarious agents and employees of the company LEO COMPONENTS AG for losses caused by minor negligence shall be excluded.
VI. Reservation of title
The delivered goods shall remain the property of the company LEO COMPONENTS AG until the claims to which the company LEO COMPONENTS AG is entitled on the grounds of the purchase agreement have been settled. The reservation of title shall also be maintained for claims of the company LEO COMPONENTS AG against the customer arising out of the current business relationship until the claims associated with the business relationship have been settled. At the request of the customer, the company LEO COMPONENTS AG shall be obliged to waive the reservation of title if the customer incontestably fulfils all of the claims associated with the object of the purchase, and provides reasonable security in respect of the other claims arising out of the ongoing business relationship. So long as the reservation of title exists, the customer may neither dispose of the goods, nor may he extend a contractual utilisation entitlement to any third party.
VII. Payment
The company LEO COMPONENTS AG shall deliver to regular customers on an invoice basis. Claims arising out of invoices are payable 14 days following receipt of the invoice and of the goods and without deduction. Default shall be deemed to have occurred once the aforementioned 14 days expire. In this case, 12% default interest shall be deemed to have been agreed.
VIII. Prohibition of assignment and offsetting
The business partners of LEO COMPONENTS AG are not entitled to offset any possible claims vis- à-vis LEO COMPONENTS AG. The business partners are likewise not entitled to assign any possible claims vis-à-vis LEO COMPONENTS AG to third parties. Any such claim assignment shall be legally invalid vis-à-vis LEO COMPONENTS AG.
IX. Applicable law, place of performance, place of jurisdiction
The entire legal relationships between the contracting parties shall be governed exclusively by Liechtenstein law. The place of performance is FL-9494 Schaan. The exclusive place of jurisdiction for all disputes between LEO COMPONENTS AG and its business partners shall be agreed to be FL-9494 Schaan, whereby LEO COMPONENTS AG shall also be entitled to choose any other responsible place of jurisdiction – including those located abroad.
X. Severability clause
Should any of the provisions of these GTCs be or prove to be invalid, then this shall not affect the remaining provisions. In place of the possible invalid provision, a new provision shall be deemed to have been agreed which approximates as closely as possible to the provision, taking account of the economic interests of LEO COMPONENTS AG.
XI. Oral collateral agreements
All communications, notifications, impositions of deadlines, complaints, etc. in particular including agreements which deviate from these GTCs must be made in writing in order to be valid. If the written form requirement has not been adhered to, then the respective collateral agreements shall not be binding for LEO COMPONENTS AG and shall consequently be legally invalid. This shall also apply in particular to the waiver of this written form requirement.
The use of your personal data is based on the applicable legal provisions. In connection with our privacy statement, we provide additional information regarding data protection as well as on the scope, type and purpose of our collection and use of personal data. We attach great importance to the protection of your personal data as well as to the security and confidential treatment of these data. Therefore, we process your data exclusively in compliance with the statutory provisions (GDPR, Telecommunications Act 2003). The following information on data protection explains the most important aspects of data processing in relation with the website of LEO Components AG.