Delivery & Payment Terms
I. Validity
1. The following terms of payment and supply apply, so far no other written terms have been expressly agreed upon between Rosenkranz Elektronik GmbH. The following terms also apply even if not having been expressly referred to.
II. Order / Reservations
1. All offers, price lists etc. are in principally non-binding and place non-obligatory offers for the conclusion of a contract. If Rosenkranz-Elektronik GmbH assures to keep itself bound for a limited period, Rosenkranz-Elektronik GmbH is nevertheless entitled to reject the order if Rosenkranz-Elektronik GmbH cannot or can only be supplied at higher costs.
2. A customer contract becomes valid with the written confirmation of the order. Preceding customer explanations and in particular confirmation letters are only considered as offers to the conclusion of a contract.
3. The fulfillment of the order on the part of Rosenkranz-Elektronik GmbH can be cancelled after examination of the devices, if the equipment is no longer reparable. In this case Rosenkranz-Elektronik GmbH will strive to find a replacement and provide a new offer.
4. Reservations will be made for a maximum of 28 days. Thereafter reservations expire automatically. Rosenkranz-Elektronik GmbH reserves itself the right to intermediate sales.
III. Prices
1. All Prices are understood net-worth in EURO from Darmstadt, Germany. The costs of packaging & shipping are not included and will be billed separately. Costs for customs will be likewise billed separately. Deviating agreements require written confirmation by Rosenkranz Elektronik GmbH.
2. Rosenkranz-Elektronik GmbH cannot be made liable for writing errors and misprints in our offers, printed products and/or Web shop.
3. If the contract does not specify a delivery date, the supply takes place in an appropriate period, usually 7 working-days.
IV. Delivery and Delay
1. All delivery dates indicate the approximate time of delivery, unless the supply was assured to a certain date. After excess of the approximate date of delivery, the customer can set a limit of 9 weeks for fulfillment. Thereafter the customer has the right to withdraw from the contract under the exclusion of all other rights.
2. If delay or failure of delivery is due to circumstances not in the responsibility of Rosenkranz Elektronik GmbH, the customer has the sole right to withdraw from the contract and forfeits all means of compensation and all other rights.
3. When disturbances due to higher force or other inevitable events extend the time of delivery, latter is extended appropriately, whereby Rosenkranz-Elektronik GmbH cannot be obligated to deliver.
4. Rosenkranz-Elektronik GmbH is justified to the partial delivery and to the compilation of appropriate partial deliveries. Construction-and form changes are reserved, as far as the object of the purchase is not substantially changed and the changes can be expected from the customer.
V. Place of delivery, delivery and risk
1. If the customer does not specifically declare special instructions, Rosenkranz-Elektronik GmbH selects an appropriate shipping method and means of transportation according to its experiences.
2. Danger and risk turns to the customer upon handout to the carrier. Former also applies to partial deliveries and is independent of a freight-free supply agreement.
3. Transport insurance applies only upon express desire of customer. The cost therefore will be billed separately.
4. If the customer does not take the delivery, he will be charged 5% of the purchase price for expenses thereof. This also accounts for cases of dislikes, etc. in which the customer sends the shipment back. The amount will be deducted from payback.
VI. Guarantee
1. Rosenkranz-Elektronik GmbH ensures that new equipment (devices from running manufacturing) is free of material-and manufacturing faults which reduce the value or usability substantially. Rosenkranz-Elektronik GmbH cannot account for or guarantee suitability of the device for a specific purpose.
2. Rosenkranz-Elektronik GmbH takes over an underwriting guarantee for used equipment. Complaints can only be considered within 8 days. The customer is only entitled to repairs within 8 days after receipt of the commodity. A right on contract-transformation does not exist on the part of the customer. Thereafter Rosenkranz-Elektronik GmbH is eligible to bill the customer for required parts and service fees. Return of equipment does not entitle to payback. The amount will be credited to further purchases. A right for reimbursement exists only with the prior and written consent of Rosenkranz-Elektronik GmbH.
3. Rosenkranz-Elektronik GmbH offers retailers a 30-day guarantee.
4. The guarantee expires, if the commodity is exposed to corporate-or environmental conditions which do not correspond to its specifications. Guarantee also expires in cases of incorrect use, storage, transportation, installation or if the equipment is opened without the prior and written consent of Rosenkranz-Elektronik GmbH. In cases of faulty commodities, Rosenkranz-Elektronik GmbH can chose between repair or replacement.
5. The customer is obligated to send in the faulty parts or articles carriage paid. In cases of guarantee Rosenkranz-Elektronik GmbH will refund shipping costs. In all other cases Rosenkranz-Elektronik GmbH will ship carriage forward.
VII. Payment
1. Payments are due immediately, unless agreed upon otherwise.
2. Shipment takes place, unless otherwise agreed, only cash on payment or prepayment. Cash on payment fees may apply.
3. Payments are to be made in every case within 30 days without deduction. If payments are delayed, Rosenkranz-Elektronik GmbH is entitled to 5% interest from due-date from private customers and 8% from due-date from business-customers above the respective rate of discount of the German Federal Bank plus value added tax.
VIII. Reservation of Ownership
1. Any delivered products and/or parts remain property of Rosenkranz-Elektronik GmbH until the due amount is fully paid.
2. The customer is allowed to process and realize the reserved commodities as far as this is part of his usual business. Assignment of security or pawning is prohibited. Foreclosure attempts and other impairments through third parties have to be declared immediately. If payment is delayed or the commodities have been pawned from third parties Rosenkranz-Elektronik GmbH is permitted to take back the commodities as a security without forfeiting the contract.
3. If the customer delays or ceases payment, his right to process and sell the reserve commodities as well as the right to collect debts expires. In such a case Rosenkranz-Elektronik GmbH is entitled to take back the reserved commodities even if Rosenkranz-Elektronik GmbH has not resigned from the contract. The taking back or seizure of the commodities by Rosenkranz-Elektronik GmbH does validate a resignation from the contract without written consent. Rosenkranz-Elektronik GmbH is entitled to realize the reserved commodities on account of the outstanding debts.
IX. Liability
1. Rosenkranz-Elektronik GmbH is not obliged to indemnity for any reasons.
2. Any kind of liability even by negligence is ruled out. Rosenkranz will not assume liability for any initial damage or damage resulting from deficiency.
X. Assignment of rights
The customer may only surrender rights from a contract with Rosenkranz-Elektronik GmbH with prior written consent thereof.
XI. Severability Clause
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
Rosenkranz-Elektronik GmbH has the right to substitute the void provisions by determining new provisions which come closest to the former intent. The contractual relationship is subject to the laws of the Federal Republic of Germany. Place of jurisdiction for all disputes concerning this agreement or its underlying contracts is in any case Darmstadt.
Last updated 16th march 2026