General Conditions

    Terms and Conditions of ALOIS KOBER GMBH

    Here you will find all legal documents, information, general terms and conditions (GTC), delivery terms, disclaimers, etc. If you have any questions, you can contact us at any time.

    ALOIS KOBER GMBH
    Ichenhauser Str. 14
    89359 Kötz

    Contact:
    Telephone: + 49 (8221) - 970
    Fax: + 49 (8221) - 97 8393
    Email: info@alko-tech.com

    You can find the current purchasing conditions here.

    Gender-neutral wording – For the sake of readability, gender-specific distinctions (e.g. employee(s); worker(s)) have been omitted in personal terms. Wherever only one of the gender-specific variants is used in the following text, both genders are always intended in terms of equal treatment.

    AL-KO VT reserves all rights to texts, images, graphics, sound files, and animations used in the design of these internet pages. These elements are largely protected by copyright and other protective laws. Some elements used for design purposes are also subject to the copyrights of third parties. Without prior approval from AL-KO VT, the content of the AL-KO websites may not be copied, distributed, modified or made accessible to third parties for commercial purposes. The only exceptions are files that AL-KO VT explicitly provides on the websites for download and publication.

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    The word and figurative trademarks on AL-KO VT websites are mostly protected by trademark law. This applies in particular to logos, product names, and model designations.

    All AL-KO VT websites have been created with the greatest possible care. Nevertheless, AL-KO VT cannot guarantee the flawless nature or accuracy of the information contained. AL-KO VT excludes all liability for damages, whether direct or indirect, that arise from the use of this website, unless they are due to intent or gross negligence of AL-KO VT or its agents. Downloading files and entering personal data is at the user's own risk.

    By judgement of 12 May 1998, the Hamburg Regional Court decided that anyone who creates a link may share responsibility for the contents of the linked site. According to the court, this can only be avoided by explicitly distancing oneself from these contents. We have included a number of links to other sites on our websites.
    We explicitly state that we have no influence over the content of the linked sites. Therefore, we distance ourselves from all content on these sites and do not adopt any of their content as our own.
    This declaration applies to all links and to the contents of all sites to which our links lead.

    You can find the security declaration for Authorised Economic Operators (AEO) here

    Terms and Conditions of AL-KO Vehicle Technology Electronics S.r.l.

    Here you will find all legally relevant provisions: documents, notifications, general terms and conditions (GTC), delivery times, disclaimers, etc. If you have any questions, we are happy to help.

    AL-KO Vehicle Technology Electronics S.r.l.
    Via Vienna 4
    38121 Trento

    Contact:
    Telephone: +39 0461 991598
    Fax: +39 0461 960009
    Email: cbe@cbe.it

    1. These General Terms and Conditions of Sale (the "General Terms and Conditions") exclusively govern the sales by AL-KO Vehicle Technology Electronics S.r.l. (hereinafter referred to as the "Seller") to its customers (hereinafter referred to as the "Customer(s)" – and collectively, the Seller and the Customers, the "Parties") of electronic devices and wiring harnesses (hereinafter referred to as the "Products"). These General Terms and Conditions take precedence over any general or special purchasing conditions of the Customer and are an integral and essential part of all orders confirmed by the Seller, unless expressly agreed otherwise for a particular order. In such cases, the specific agreements made between the Parties shall apply, unless expressly agreed otherwise.

    2. The Customer waives the application of their own general and special purchasing conditions, which shall in all cases be deemed void between the Parties.

    3. Any other, differing, or additional conditions shall be invalid, as shall any amendment and/or addition to these terms by the Customer, unless the Seller has expressly agreed to them in writing. If, by way of exception during the business relationship, the Seller consents in writing to any amendments and/or additions to these terms, such amendments and/or additions shall apply only to the specific order for which they were agreed.

    4. These terms also apply even if they are not expressly mentioned and confirmed in the order confirmation. They can be found on the Seller’s website at www.alko-tech.com

    5. These terms apply until they are expressly revoked by the Seller or replaced by new General Terms and Conditions.

    6. Unless otherwise provided in these General Terms and Conditions, the provisions of the Italian Civil Code relating to sales contracts shall apply.

    1. Every offer made by the Seller to a potential Customer shall be valid for the period stated in the offer (hereinafter the "Offer"). This Offer is non-binding for the Seller and is subject to the Seller’s confirmation after receipt of the Customer’s order. Orders are only valid and effective if placed in writing. The individual sales contract (hereinafter the "Contract") is concluded when the Seller accepts the order with a written communication by email or via the Customer’s platform (hereinafter the "Order Confirmation"). Non-acceptance of an order placed by the Customer does not create any liability for the Seller, nor does it entitle the Customer to make any claims of any kind against the Seller.
    2. If the order is accepted but does not conform to the order conditions, this shall be deemed a counter-offer, which shall be considered accepted by the Customer unless it is objected to in writing within 7 days of receipt; after this period, the Customer may raise no objections or complaints for any reason.
    3. Any amendments to the Contract proposed by the Customer shall not apply, not even in part, unless expressly accepted in writing by the Seller.
    4. Once the order has been accepted by the Seller, cancellation by the Customer is not permitted; however, the Seller reserves the right to accept cancellation requests after this point, provided that the Customer compensates the Seller for any damages incurred, as properly documented.
    5. In the event of amendments to the Products agreed between the Parties after the Contract has been concluded, the delivery time will automatically be extended by the time necessary to implement such amendments.
    1. The technical specifications in catalogues, price lists, brochures, on websites, or in similar documents are for information purposes only and are not binding on the Seller unless expressly included in the Contract. The Seller reserves the right, in all cases, to amend the technical and dimensional parameters of the Products at any time, even after the Order Confirmation, and/or to make any improvements and changes, including visual changes, that it deems appropriate or necessary, without the Customer being able to raise any objections in this respect.
    2. The Customer for whom customised products are manufactured guarantees and undertakes to indemnify and hold the Seller and/or its employees, managers, and agents harmless, upon first request and after waiving all defences, from any burden, costs and/or expenses incurred by the Seller arising from claims of third parties for unfair competition or violation of industrial or intellectual property rights (including but not limited to trademarks, patents, designs, copyright, or know-how).
    3. Unless otherwise expressly agreed in writing with the Customer, the Seller is the sole owner of any improvements and/or adaptations and/or additions it may make to any designs or plans provided by the Customer. Unless otherwise agreed, these improvements and/or adaptations and/or additions may not be used by the Customer, either directly or indirectly.
    1. The delivery dates stated in the Order Confirmation are to be understood as approximate only and are not binding on the Seller unless otherwise agreed in writing. Unless there is intent or gross negligence, any claim for damages due to delayed or non-delivery of Products is expressly excluded.
    2. In any case, the Seller cannot be held liable for delays due to reasons outside its control (e.g. supplier delays, difficulties in obtaining raw materials and components, etc.).
    3. The delivery dates refer to working days and start from the date of the Order Confirmation. Unless otherwise agreed, the Products will be delivered in standard commercial packaging in accordance with the trade practice for such products.
    4. Unless otherwise agreed in writing between the Parties, delivery will take place in accordance with the delivery terms specified in the Order Confirmation. Any delivery term mentioned in the Order Confirmation, the Contract, or in the General Terms and Conditions has the meaning given to it in the applicable version of Incoterms® of the International Chamber of Commerce at the time of conclusion of the Contract, including the rights and obligations associated with it. The passing of risk of loss, duties, and costs from the Seller to the Customer is governed by the applicable Incoterms®.
    5. If, according to the Contract, transport is to be organised by the Customer, the Customer must ensure that its appointed carrier provides the Seller with all documents needed for customs or tax purposes (import invoices, freight documents, etc.) within three days of delivery, if requested by the Seller.
    6. In all cases where the Customer fails to accept the Products on time for reasons not attributable to the Seller, as well as in all cases where delivery is not possible for reasons attributable to the Customer, all related and resulting costs and the associated risk are borne exclusively by the Customer. The Customer shall reimburse the Seller for any costs incurred for the possible storage of the goods not collected, without prejudice to the Seller’s right to claim higher damages and without prejudice to the Seller’s right to demand dissolution of the Contract.
    7. The Products must be inspected for conformity with the Order Confirmation upon receipt. Any discrepancies in quantity, nature, or type of Products delivered must always be reported in writing, including by email, within 7 days of receipt, specifying all details necessary for prompt verification. After expiry of this period, the Products are deemed to have been accepted in all respects. In addition, use of Products with obvious defects excludes the possibility of complaints or claims in respect of such defects.

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    1. The Customer undertakes not to directly or indirectly disclose any technical information, prototypes, formulas, or technical or business know-how received from the Seller and to treat such items as confidential even after the Contract expires.
    2. All printed materials and other documents (price lists, catalogues, or similar documents, including in electronic and digital form) relating to the Products are the exclusive property of the Seller. Any reproduction, even partial, is prohibited without the prior written consent of the Seller.
    3. The Customer acknowledges and agrees that the Seller is the owner of all intellectual property rights in relation to the Products as defined below. Except for the right to use the Seller’s intellectual property in connection with the purchase and use of the Products, the Customer does not acquire any rights or licenses regarding the Seller’s intellectual property.
    4. For the purposes of these General Terms and Conditions, "intellectual property" means all patents, know-how, trademarks, internet domain names, and copyright-protected material, including, for example, technical data sheets and technical support manuals.
    1. The price of the Products corresponds to the price listed in the price list valid at the time the order is placed or to the price negotiated between the Parties and stated in the Order Confirmation.
    2. The list prices may be changed from time to time at the discretion of the Seller. All prices in the price list are in euros, excluding VAT and any applicable duties, levies, and taxes. All other costs/services, such as transport, packaging, insurance, inspections, certificates, and other documents, are borne by the Customer, unless otherwise agreed in writing between the Parties. Unless otherwise agreed, prices are for Products packaged in accordance with customary commercial practice for the agreed means of transport, with all other costs and expenses to be borne by the Customer. The price is to be paid by the due date agreed between the Parties.
    3. The payment terms are also set out in the Order Confirmation. If the issuance of bank receipts (RIBA) is agreed as a method of payment, the costs associated with this, including bank charges for collection, administrative costs, and costs incurred as a result of any payment default, are always borne by the Customer. Payment of the purchase price for the Products shall only be deemed to have been made when the corresponding amount has actually been credited to the Seller’s bank account.
    4. If the Customer is late with payment of the agreed payment dates, the Seller shall, without separate notification, charge the Customer default interest at the rate set out in Art. 5 of Italian Legislative Decree No. 231/2002.
    5. The Customer may neither suspend nor delay payment, even in the event of complaints (solve et repete). The possibility of offsetting the Seller’s claim for the price of the Products against any current or future claims by the Customer against the Seller is also excluded, and the Customer may not raise any objections in this respect for any reason.
    6. If the Customer fails to perform or improperly performs any of these General Terms and Conditions and/or the Contract, or in the event of payment difficulties or a change or loss of credit guarantees on the part of the Customer, the Seller is entitled, at its sole discretion:
      1. to suspend delivery and make delivery of the Products subject to appropriate payment guarantees; or
      2. to cancel ongoing orders; or
      3. to demand immediate payment for delivery in accordance with Art. 1186 of the Italian Civil Code, without prejudice to the Customer’s liability for damages caused and without prejudice to any other remedies provided by law
    1. The Seller warrants that the Products are free from defects in design, materials, and/or workmanship for a period of 12 (twelve) months from the date of delivery (hereinafter the "Warranty Period").
    2. The warranty applies exclusively to the Customer and covers, at the Seller’s option, free replacement or free repair of the defective Products, which will be carried out in accordance with the procedures and timeframes specified by the Seller and within the time usually required for such technical matters, unless objectively impossible.
    3. Without prejudice to the provisions of Article 4.7, defects in the Product must be reported in writing to the Seller by the Customer within 3 days of their discovery, but in any event at the latest within the above-mentioned warranty period. If notification is not made within this period, the Customer’s right to claim for defects is forfeited. After expiry of the warranty period, no further claims may be made to the Seller. Each complaint must include a detailed description of the defect found; the product(s) in question must always be made available to the Seller’s staff responsible for inspection.
    4. The Seller is not liable for the Product not meeting the above warranty in any of the following cases (hereinafter "Warranty Exclusions"):
      1. If the Customer continues to use the Product after reporting a defect under the above provisions;
      2. If the defect is due to the Customer not following the oral and/or written instructions of the Seller that are included in the documentation provided with the Product regarding transport, storage, installation, use, and maintenance of the Products, or (if such instructions are missing) not following customary practice;
      3. If the defect is due to the Seller following a design or specification provided by the Customer;
      4. If the Customer, directly and/or via third parties, uses products that are not compatible with the Products or modifies the Product without the prior written consent of the Seller;
      5. If the defect is due to normal wear and tear, including oxidation, deliberate damage, negligence, or unusual storage, working, or environmental conditions, including but not limited to temperature or humidity, improper use, or installation in environments that do not meet the specifications communicated by the Seller, or due to force majeure events (as defined in section 9).
    5. The Customer cannot assert any warranties, whether express or implied, other than those provided for in section 7, as the Seller’s obligation to replace Products in the circumstances and under the conditions set out herein fully replaces the statutory warranties or liabilities. Therefore, any liability of the Seller is expressly excluded, except in cases of intent or gross negligence. In particular, no claims can be made for compensation or damages for direct or indirect damages of any kind arising from failure or limited use of the Products.
    1. Subject to mandatory statutory provisions, the Seller’s total liability to the Customer for any damages, losses, costs, expenses, claims, or actions arising from or in connection with the performance or non-performance of any provision of these General Terms and Conditions or the Contract is
      1. limited to actual damages that are a direct and immediate result of the performance or non-performance of any provision of these General Terms and Conditions or the Contract by the Seller; therefore, the Seller shall not be liable for loss of profit, loss of goodwill, business interruption, loss of business opportunities, indirect damages, and/or consequential damages and
      2. the total amount shall in no case exceed the purchase price under the specific contract which is the subject of the claim.
    1. Without prejudice to the Customer’s payment obligations, which must always be fulfilled by the contractually agreed dates, no event that constitutes a breach of these General Terms and Conditions shall entail contractual liability or claims for damages if it is due to force majeure or fortuitous events (for example, by way of illustration but not limitation: strikes, accidents, epidemics, pandemics, embargoes, armed conflicts, governmental measures or actions by other national or supranational authorities, interventions by military and civil authorities, terrorist acts, riots and civil unrest, sabotage, fires, even if intentional, and any other cases of force majeure or chance events provided for by the applicable regulations), the effects of which occur in a manner that exceeds the limits of foreseeability and control reasonably attributable to the Parties, and without negligent conduct on the part of the Party unable to perform that contributed to the occurrence of such an event. The Party claiming exemption from liability must inform the other Party in writing as soon as possible after becoming aware of the obstacle and its effects on their ability to fulfil their obligations. Notice must be given when the grounds for exemption from liability cease to exist.

    2. If an event of force majeure or an unforeseeable circumstance preventing fulfilment of the existing contractual relationship continues for more than 24 weeks, either Party shall have the right to withdraw from the said contract by sending written notice by registered letter with return receipt or international courier to the other Party.
    1. The General Terms and Conditions and all sales contracts concluded between the Seller and the Customer in accordance therewith are governed by Italian law, excluding conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods of 1980.
    2. For all disputes arising from or related to the General Terms and Conditions and/or the sales contracts, the exclusive place of jurisdiction is the court in Trento (Italy).
    1. The Customer is aware that the export of the Seller’s Products from the customs territory of the European Union and/or to certain recipients or destinations may be subject to control by the competent authorities and undertakes to take all necessary measures to comply with the applicable Italian, European, British, and/or US regulations relating to export controls and international economic sanctions (hereinafter collectively referred to as "Export Control Regulations") in respect of the Products.
    2. The Customer undertakes, declares, and guarantees not to sell, supply, deliver, export, re-export, transfer, or otherwise make available, either directly or indirectly (including via representatives, agents, dealers, or third parties), and for any reason or also free of charge, the Products or technical information received from the Seller, whether independently or by incorporating them into other products:
      1. in areas and/or for use in areas that are subject to export bans or restrictions according to the applicable Export Control Regulations, including, but not limited to, the Russian Federation, Belarus, Iran, or the Ukrainian regions of Crimea and Sevastopol, Donetsk, Kherson, Luhansk, and Zaporizhzhya, as well as in the special economic, innovation, or preferential zones of the Russian Federation listed in Article 5a-h and Annex LII of EU Regulation No. 833/2014 (hereinafter "SEZ"); and/or for use in any of these areas; and/or
      2. to natural or legal persons, entities, or bodies listed as subject to bans, restrictions, or sanctions by Italian or EU authorities or any foreign government or international organization (e.g. United Nations, United Kingdom, and/or United States), and/or owned or controlled by or acting directly or indirectly on behalf of any such person or entity (hereinafter "Sanctioned Persons"); and/or
      3. to any legal entity, institution, or organisation registered or established in any of the special economic zones or with its registered office, place of business, or permanent establishment located in one of the special economic zones; and/or
      4. to any legal entity, institution, or organisation outside the special economic zones that is owned or controlled by any legal entity, institution, or organisation as set out in (iii) above. Furthermore, transit of the Products through any of the areas mentioned in (i) above is prohibited.
    3. The Customer undertakes to ensure that all contracts with third parties relating to the Products include similar restrictions and obligations as set out in paragraph 11.2, and to inform the Seller in writing immediately of any breaches of the aforementioned agreements, declarations, and assurances.
    4. Without prejudice to the foregoing, the Customer is obliged, at the Seller’s request, to provide the Seller with all information and/or evidence necessary to:
      1. verify and/or check compliance with the obligations provided for under the above provisions; and
      2. verify compliance with the Export Control Regulations, including but not limited to information about the end user, end use, carrier, transport route, and country of destination for the Products supplied by the Seller, in the format specified by the Seller. The Customer also undertakes:
        1. to notify the Seller immediately of any breach, suspected breach, or risk of breach of the obligations set out in this clause;
        2. to cooperate fully with the Seller in the event of audits, inspections, or requests from the competent authorities.
    5. If the Customer breaches any of the above obligations, declarations, or assurances at any time, the Seller shall be entitled to terminate the sales contract(s) existing between the Parties with immediate effect by giving written notice pursuant to Article 1456 of the Italian Civil Code, without prejudice to the Seller’s right to retain any payments already received, claim damages, and/or take legal action.
    6. The Seller reserves the right to suspend delivery of the Products and performance of the corresponding sales contract between the Seller and the Customer in accordance with the General Terms and Conditions and/or cancel any order, without incurring any liability, if the delivery of the Products is prevented by changes to the applicable Export Control Regulations and/or by their application, further implementation, guidance and/or interpretation, and/or if a Sanctioned Person is directly or indirectly involved in the transaction and/or if continuing with the delivery could expose the Seller to criminal or administrative liability.
    7. At the Seller’s request, the Customer undertakes to indemnify and hold the Seller, its directors, and/or employees harmless from and against any claims, liabilities, damages (including reputational damage), losses, costs (including court costs and fees), or other adverse consequences that may result from non-compliance with the obligations relating to export control set out in this clause and/or from violations of export control regulations in connection with the Products supplied by the Seller.



    1. The fact that the Seller does not exercise the rights provided for in the General Terms and Conditions or in individual contracts does not constitute either implied consent or a waiver of the right to assert the infringed right or provision, and it also does not prevent these rights or claims or any other rights or claims provided for in the General Terms and Conditions for its benefit from being exercised at a later date.
    2. The Parties expressly acknowledge that continuous or repeated sales of the Products by the Seller to the Customer shall under no circumstances, even by implication, grant the Customer an exclusivity right or give rise to a distribution, dealership, or any other form of cooperation agreement.
    3. These General Terms and Conditions have been drawn up in the original in Italian and are legally binding in that language; any versions in other languages shall be deemed informal translations. In case of disputes regarding the content or effectiveness of any of the provisions herein, only the Italian version shall be legally binding.
    4. If, at any time, one or more provisions of these General Terms and Conditions prove invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected, and they will remain fully valid and effective.