Standard terms and conditions
1. Application domain
The present Standard Terms shall apply exclusively. Any standard terms that differ from these Standard Terms in any manner whatsoever shall be excluded from the contract. The application or validity of any advisory or indication regarding any customer standard terms shall be excluded.
2. Deductions
The customer shall be entitled to make deductions from an amount due only insofar as the customer’s claim is uncontested, has been upheld in a court of law, or has been accepted by us.
3. Retention of title
The following shall apply to customers:
We shall retain title to all products that are delivered to the customer (hereinafter referred to as “the Product” or “Products”) until such time as payment for the Products has been effected in full. Insofar as any Product is subject to third-party seizure, the customer shall notify us accordingly without delay and in so doing shall submit to us all documentation that is necessary for us to take appropriate measures.
The following shall apply to vendors:
The vendor shall be entitled to resell the Products via a duly executed business transaction. The vendor hereby assigns to us all receivables arising from any such resale in the amount of any unpaid receivables that are owed to the vendor, and without prejudice to the vendor’s right to itself collect any such receivable. We shall refrain from collecting any such receivable insofar as the vendor is not in arrears on any payment due us and no petition has been filed with a court to initiate an insolvency and/or bankruptcy proceeding in respect to the vendor’s assets.
We shall be entitled to process or convert the Products at any time. Insofar as any Product is mixed with any element that is not owned by us, we shall acquire joint title to the newly created product in the following ratio: the ratio of the Product value (as per its final invoiced amount plus tax) to the value of the new product. Insofar as the Product is mixed inseparably with any element that we do not own, we shall acquire joint title to the newly created product in accordance with the following ratio: the ratio of the Product value (as per its final invoiced amount plus tax) to the value of the mixed elements at the time of mixing.
4. Right of cancellation
We shall grant customers a right of cancellation.
5. Cost of return shipping in the event of a cancellation
The customer shall assume the cost of shipping the Product back to us insofar as (a) the Product that was delivered is the same as the Product that was ordered; and (b) the price of the Product that is to be returned is 40 euros or less; or (c) payment in full or any contractually agreed partial payment for a Product that costs 40.01 euros or more that has not been effected at the time of the cancellation.
6. Warranty
The following shall apply to customers:
Warranty claims for used items shall become statute-barred 12 months following delivery of the Product.
The following shall apply to vendors:
Warranty claims for both new and used items shall become statute-barred 12 months following delivery of the Product, without prejudice to the stipulations of sections 478 and 479 of the German Civil Code (BGB). Any warranty for used items shall be excluded.
The following shall apply to both vendors and customers:
Any curtailment of the statue-barred period shall not apply to any warranty claim that is attributable to gross negligence, wilful intent or the breach of any essential contractual duty. An essential contractual duty shall mean any duty whose fulfilment is indispensable for due performance of the contract, i.e. any duty that either party could have reasonably expected the other party to fulfil as a matter of course. The foregoing shall be without prejudice to any claim for loss or damage arising from (a) any injury to life, limb or health; (b) any violation of Germany’s Product Liability Act; or (c) any breach of any contractual duty by any of our agents.
Liability arising from any negligent breach of an essential contractual duty shall be limited to the loss or injury that is typically associated with, and foreseeable for, the contract.
7. Limit of liability
Any liability on our part shall be excluded in any of the following cases: (a) any liability attributable to minor negligence that does not entail any breach of an essential contractual duty whose fulfilment is indispensable for due performance of the contract, i.e. any duty that either party could have reasonably expected the other party to fulfil as a matter of course; (b) any loss or damage attributable to any injury to life, limb or health; (c) any claim arising from Germany’s Product Liability Act; and (d) any breach of any contractual duty by any of our agents.
Liability arising from any negligent breach of an essential contractual duty shall be limited to the loss or injury that is typically associated with, and foreseeable for, the contract.
8. Final provisions
This contract shall be subject to the laws of Germany to the exclusion of the UN Sales Convention.
Insofar as the customer is a merchant, business, legal person under public law, or a special fund under public law, the place of jurisdiction hereof shall be Berlin-Wedding. The foregoing shall be without prejudice to our right to bring legal action against the customer at the place of jurisdiction for the customer’s domicile.