Albach GmbH & Co. KG

Privacy Policy

Protecting your privacy is of utmost importance to us. When you visit the Alco Website or fill out a contact form, your personal data may be gathered and processed by an automated system. Such personal data will be treated as confidential and will not be shared with third parties without your explicit consent. Our privacy practices are in accordance with global principles and standards on handling personal information and the privacy laws of the countries where we do business. These principles include notice of data use, choice of data use, data access, data integrity, security, onward transfer, and enforcement/oversight. You are entitled to the right of access, modification and deletion of your personal data.

Trademarks and Copyrights

All logos or trade names of Albach GmbH & Co. KG used on this website are trademarks or registered trademarks protected by law. All texts, images, graphics, audio, video and animation files are subject to copyright and other intellectual property rights. No part of this publication may be reproduced or transmitted in any form or for any purpose without the express permission of Albach GmbH & Co. KG. Our web pages may contain images owned by third parties and are protected by copyright, trademarks or registered trademarks of their respective owners.

Disclaimer and Limited Liability

Our website has been created with great care. Nevertheless, Albach GmbH & Co. KG cannot guarantee the accuracy of the information provided on the site. THE ALCO WEBSITE IS PROVIDED "AS IS" AND ALBACH GMBH & CO. KG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE OF THE ALCO WEB SITE. IN NO EVENT SHALL ALBACH GMBH & CO. KG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE USE OF THE ALCO WEBSITE.

References to other websites

The Alco website may refer to other websites. Albach GmbH & Co. KG has no influence on other websites and accepts no responsibility for their content.

Terms and conditions of business

I. General Information

1. General Information
   Contract conclusion, delivery and performance shall be subject exclusively to the following terms and conditions. Any differently worded terms and conditions of the customer are herewith rejected; they shall not be accepted either even if they are not explicitly rejected again when received. By placing an order with us, the customer shall be deemed to have accepted our terms and conditions.
2. Liability
   Unless stipulated otherwise in the foregoing, we and persons performing an obligation for us, and our vicarious agents, shall be liable for claims for compensation for damages from the customer as follows:
   
   1. Liability for personal injury shall be subject to the provisions of statutory legislation.
      
   2. Liability for damage to property shall be limited to EUR 250,000 per instance of damage and EUR 500,000 in total.
      
   3. No liability shall be accepted for financial loss.
      
   4. The limitation on liability stipulated in b) and the exclusion of liability stipulated in c) shall not apply where acceptance of liability is mandatory for typical foreseeable contractual damages in relation to damages to objects of private use in accordance with the Product Liability Law, or in the case of intent or gross negligence, or the culpable breach of material contractual duties, or the failure to provide guaranteed attributes. All claims for damages made by the customer in relation to defects shall be subject to a limitation period of one year from the date of delivery of the goods. This shall not apply if we can be legitimately blamed for fraudulent behavior.
3. Applicable Law and Place of Jurisdiction
   
   1. The laws of the Federal Republic of Germany shall apply. The provisions of the UN Sales Convention shall not apply.
   2. The respective registered office of the company shall be the place of fulfillment for delivery and for payment. Where the customer is a fully qualified merchant as defined by the German Commercial Code (HGB), a legal entity subject to domestic public law or a trustee of public funds, the respective registered place of business of the company shall be the place of jurisdiction for any disputes arising from or in connection with the delivery transaction – including actions for assertions of claims concerning payment of a bill of exchange or cheque – unless an alternative place of fulfillment or jurisdiction applies because of mandatory legal requirements. This shall also apply if the customer has no general place of jurisdiction in Germany, or if the permanent residence or habitual place of residence during the bringing of an action are unknown.
4. Severability
   The invalidity of any part of any provision in these Terms and Conditions of Delivery and Payment shall not affect the validity of any part of the remaining provisions or agreements. The invalid provision shall be replaced with a provision which comes as close as possible to the commercial intentions of the previous invalid provision.
   

II. Terms and Conditions of Sale and Delivery

1. Offers, Order Confirmations and Contract Conclusion 
   Our offers are non-binding and without obligation. All documents included with the offer and the order confirmation, such as drawings, illustrations, weights and dimensions or any other technical data, are non-binding unless explicitly described as binding. Declarations of acceptance and all orders must be confirmed by us in writing or by telex, otherwise they shall have no legal validity. The same applies to supplements, amendments and subsidiary agreements. For immediate deliveries, the invoice can be accepted as a substitute for written confirmation. Our order confirmations shall be used as the authoritative definition of the nature and scope of our obligations. This also applies where reference is made to the order.
2. Prices
   1. All prices are deemed to be ex-works, excluding packaging, freight, postage and insurance, and excluding applicable statutory Value Added Tax at the valid rate on the day of dispatch. All orders delivered to third parties on behalf of the customer shall be subject to a handling fee of 5 percent – or not less than EUR 12.00.
   2. The minimum invoice sum is EUR 200 net. No orders below this invoice sum can be accepted.
      
3. Time for Delivery
   1. Times and deadlines for delivery shall be non-binding unless explicitly agreed otherwise in writing. Compliance with any specific times and deadlines for delivery given by us shall be subject to our suppliers and sub-contractors fulfilling their duties with regard to proper and timely delivery.
      
   2. The time for delivery shall commence upon issue of our order confirmation, but not before all details relating to the execution of the order and all other conditions to be met by the customer have been fulfilled. Deliveries before the expiry of the time for delivery are permitted, as are partial deliveries.
   3. A delay in delivery or performance due to force majeure or other unforeseeable event which presents a major obstacle to our ability to complete delivery, or renders delivery impossible, and which is not in our responsibility (such events include, in particular, acts of war, war-like conditions, government order, non-issue of export, import or transit permits, national measures to restrict trade, or other interruptions to operations of any kind, irrespective of whether these events occur with us, our suppliers or their sub-contractors, we shall be entitled to receive an extension of time, corresponding to the duration of the hindrance plus a reasonable starting up time, for fulfillment of delivery or performance, or to withdraw from the contract – if not yet fulfilled – either fully or partially. Where the customer himself should be in default with regard to fulfillment of his contractual duties, the time for delivery shall also be extended by the corresponding amount of time.
   4. If the duration of the hindrance is longer than 3 months, the customer shall be entitled, after setting a reasonable further extension of time (at least 14 days), to withdraw from the contract, if not yet fulfilled, either fully or partially. Where, in accordance with Section 3. c), the time for delivery is extended or we should become freed from our duty, the customer shall not derive any entitlement to any claims for compensation for damages as a consequence. We shall only be entitled to claim relief by reason of the aforementioned circumstances if the customer was informed without delay.
      
4.  Test Procedures, Acceptance Inspection
   1. If the customer wishes us to carry out required tests, he must inform us accordingly. The type and scope of the test must be agreed before the contract is concluded.
      
   2. If an acceptance inspection is required, the scope and conditions must be specified before the contract is concluded. The acceptance inspections shall be carried out at the supplier plant, at the expense of the customer, immediately after notice has been given of readiness for the acceptance inspection. If the acceptance inspection does not take place, does not take place on time or is not fully completed, we shall be entitled to dispatch the goods or to place them in storage at the risk and expense of the customer; in this case the goods shall be deemed to have been accepted.
      
5. Deviations from Dimensions, Weights and Quantities
   Drawings, illustrations, dimensions and weights contained in catalogs, offers, promotional material, etc., are to be considered as only approximately definitive. Changes in accordance with ordinary trade usage are permissible. A quantity tolerance of plus/minus 10 percent relative to the order quantity is permissible for special productions.
   
6. Packaging
   1. The type of packaging shall be decided by the supplier, whereby it shall be based on the requirements of the Packaging Regulations. We draw specific attention to the fact that we accept the return of transportation packaging where delivery is free of charge (including truckage), but shall not pay for any costs of disposal which may be incurred.
   2. If the Collico, Bahnblätter, mesh, Euro or wooden pallets used for packaging are not returned within two weeks, the supplier reserves the right to charge for the costs incurred.
7. Delivery
   1. The customer shall pay for the costs of delivery.
   2. If no specific instructions are given otherwise, the shipping method, means of transportation and shipping route shall be decided by us, with all liability excluded.
8. Transfer of Risk/Transportation Insurance
   1. The risk shall pass to the customer upon dispatch from the factory in Frankfurt. The shipping of the goods is at the risk of the customer. We shall only arrange for transportation insurance if specifically requested to do so by the customer, and only at the expense of the customer.
   2. Where shipment is delayed at no fault of ours, the risk shall pass to the customer on the day the customer is notified by us that the goods are ready for shipment or for picking up.
9. Return Deliveries
   Where goods are returned at no fault of ours, we shall levy a fee of 20 percent of the value of the goods, or not less than EUR 15.00, for warehousing them again. The goods must be returned to us at no charge to us. Any freight, packaging, post-age or other ancillary costs incurred shall be paid for by the sender of the return delivery. All return deliveries require our express prior agreement. The return of goods with a net value of less than EUR 200 shall not be accepted.
10. Terms of Payment
    
    1. Our invoices are due for payment without deduction within 30 days after the invoice date. In the case of orders with an invoice value of more than EUR 5,000, one third of the purchase price shall be due for payment upon receipt of our order confirmation, a further one third on delivery, or no later than when notification that the goods are ready for delivery is given, and the final one third within one month of the time for payment of the second third, without any deductions in each case and regardless of whether an invoice for installation costs has been issued.
    2. Interest shall be charged on payment in arrears. Any such interest charges shall be charged at the applicable bank rates for credit, but at not less than 8 percent above the base interest rate of the European Central Bank.
       
    3. We shall be entitled, notwithstanding any stipulations of the customer to the contrary, to appropriate payments in the first instance to older debts of the customer. We shall inform the customer about the way in which the payment has been set-off. Where costs and interest have been incurred, we shall be entitled in the first instance to appropriate the payments to the costs, then to the interest, and lastly to the principal performance.
    4. Partial deliveries and partial performances can be charged separately.
    5. There shall be no entitlement to set-off or retention, unless the counter-claim has become legally effective or has been accepted by us.
    6. In the event of non-compliance with terms of payment, all of our accounts receivable, including those for which we have accepted a bill of exchange, shall become due for immediate payment.
    7. If the customer should be in default on his payment obligations, or stops payments, or a bank fails to honor a cheque, we shall be entitled, after setting a time limit, to withdraw from the supply contract and from any agreements relating to the extension of the term of payment. We shall also be entitled to exclude the customer who is in default of payment from any further deliveries, even if concomitant supply contracts have been concluded.
    8. We are entitled to assign our claims for payment.
    9. Our invoices shall be paid free of charges to us. Any bank charges or other ancillary costs associated with monetary transactions shall be borne by the customer. Invoices shall only be deemed to have been paid when the equivalent value has been credited to the full amount set out in the invoice.
11. Reservation of Title
    1. We shall retain ownership of the delivered goods until payment of all outstanding and future accounts receivable, regardless of type or legal basis, arising in connection with the business relationship with the customer, has been made in full. In the case of a running account, the reserved title shall be deemed to provide security for the account balance receivables.
       
    2. Any processing or working of the goods which have been delivered by us and which remain in our ownership shall be carried out for and on behalf of us, without giving rise to any liabilities for us.
       
    3. Where the goods are installed by the customer in goods of third parties, we shall acquire co-ownership of the resultant products in the proportion of the value of the goods supplied by us relative to the value of the goods used from third parties.
       
    4. Where the goods delivered by us are commingled with or connected to other objects, the customer herewith agrees to assign his rights of ownership/coownership of the commingled object or new object, and shall hold the object in custody for us at no charge to us and with due care.
    5. The customer shall be entitled, within the framework of the customer‘s ordinary business, to process and to sell the goods subject to reservation of title as long as he is not in default. The goods may not be pledged or ownership transferred by way of security.
       
    6. The customer shall not assign any claims accruing to him from the resale of the reserved goods supplied by us unless it is an assignment pursuant to genuine factoring of which we must be informed in advance and where the factoring proceeds exceed the value of our secured claim for payment. Our claim for payment shall become due for payment as soon as the factoring proceeds are paid.
    7. All claims for payment (including all account balance receivables from an open account) arising out of the resale of the reserved goods or arising for any other legal reason (insurance/unlawful acts) relating to the reserved goods, are assigned to us in full, here and now, as a precaution. We authorize the customer, subject to revocation, to collect on our account and in his own name the claims for payment assigned to us. The authority to collect may only be revoked if the customer should be in default of properly meeting his payment obligations.
       
    8. In the event of any attachments being made on the reserved goods by third parties, the customer shall advise the third party of our ownership and also advise us immediately, to enable us to take judicial or extra-judicial action to protect our interests. The judicial or extra-judicial costs incurred in this connection shall be borne by the customer.
       
    9. The customer shall resist attachments from third parties. Where the customer is in breach of contract – in particular where the customer is in default on payment – we shall be entitled to reclaim the reserved goods or to demand the assignment of the purchaser‘s claims for return in respect of a third party. Notwithstanding § 449 II of the German Civil Code (BGB), this shall not be subject to the condition of withdrawal from the contract.
       
    10. The reclamation or seizure of the reserved goods by us shall not constitute a withdrawal from the contract, unless a consumer is involved.
        
    11. Where a cheque is not honored, the customer undertakes to return the received goods to us on demand, for the outstanding amount, at his own risk and expense.
        
    12. On request from the customer, we shall release securities if the value of the retained securities exceeds our claim for payment by more than 20 percent; the choice of securities to be released shall be made at our discretion. The customer shall be responsible for furnishing evidence that the retained securities exceed the 20 percent figure.
12. Guarantee
    1. We guarantee that the parts as manufactured and supplied by us are free of defects in accordance with the agreed technical delivery instructions. For conformity of the condition of the goods with the contract, the time of the passing of risk shall be definitive.
       
    2. The guarantee period is 1 year from the date of dispatch of the goods.
    3. We shall, in the first instance, choose between repair and replacement to fulfill the guarantee covering defects in the goods.
       
    4. Transportation costs and traveling expenses incurred in connection with remedial performance shall be borne by the customer if these should be disproportionately high relative to the costs of repair or the replacement part(s).
       
    5. The customer must notify us in writing of the discovery of any recognizable defects immediately or within 1 week at the latest after the receipt of the object of delivery. Defects which cannot be discovered within this deadline, even after thorough examination, must be reported to us in writing immediately or, again, within 1 week after discovery at the latest. Otherwise the claim under the guarantee shall be rendered void. The deadline shall be deemed to have been met if notification is dispatched within due time. The customer is solely responsible for furnishing proof that the conditions for the claim are met, in particular proof of the defect itself, when the defect was discovered and proof that notification of the defect was given within the due time.
       
    6. The replacement of parts, sub-assemblies or whole devices shall not lead to the start of new guarantee periods. No guarantee is given for wearing parts or for the improper use, storage and handling of devices. Claims under the warranty shall be rendered void in the event of tampering by third parties.
       
    7. Where three attempts at remedial performance have been made without success, the customer shall be entitled, at his discretion, to choose between demanding a reduction in payment (lowering) or cancellation of the contract (withdrawal). However, in the case of only a minor breach of the contract, in particular only minor defects, the customer shall not be entitled to withdraw from the contract.
       
    8. If the customer chooses to withdraw from the contract as a consequence of a legal or material defect after the failure of remedial performance, he shall not be entitled to any claims for damages in relation to the defect. If the customer chooses to demand compensation for damages after the failure of remedial performance, the goods shall be retained by the customer if this can be reasonably expected from him. Compensation for damages shall be limited to the difference between the price and the value of the defective object. This shall not apply if the breach of contract was caused by fraudulent behavior.
       
    9. The customer is not given any guarantees in the legal sense. Manufacturer‘s warranties are not affected by the above provision.
       
13. Customer Service
    We have set up a customer service unit which checks all devices to ensure that they are ready for service. We only have a duty to perform tests if a written test contract has been concluded. Unless agreed otherwise in a test contract, every test performed by our technicians is subject to the following provisions: Following the test our technicians provide attestation of confirmation of readiness for service. The test fees shall be agreed separately. Replacement parts shall be charged at the list price. Where the devices listed in the test certificate should be found to be damaged or do not function properly after the issue of the test documentation and evidence is furnished that this is the result of a negligent oversight on the part of the tester, we shall replace parts at no charge or undertake repairs. If repair should not be possible or is not carried out by us within a reasonable time, the customer shall be entitled to withdraw from the contract. All other contractual or non-contractual claims arising from or in connection with completed or omitted inspections or repairs, including those arising from or in connection with contractual collateral duties, in particular claims of any kind for compensation for consequential or direct damages, shall be precluded, subject to the limits of clause 10. No liability shall be accepted if we do not receive written notification of the defect immediately after its discovery, if the device is tested or handled at any time by anyone other than one of our authorized technicians, or in the event of failure to comply with operating or handling instructions for devices or accessories.
    
14. Data Protection
    We shall be entitled to use the information received about the customer in the course of or in connection with the business relationship, regardless of whether it is received from the customer or a third party, within the terms of the German Federal Data Protection Act. This notice is provided in place of the notice required in accordance with the German Federal Data Protection Act to advise that personal information about the customer may be stored and processed in EDP systems.