GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY

  1. Scope of application

1.1 These General Terms and Conditions of Sale and Delivery apply only to end consumers. The buyer is not permitted to resell the goods commercially.

1.2 We provide all our deliveries and services exclusively subject to these General Terms and Conditions of Sale and Delivery. We do not recognise any conflicting, deviating or supplementary terms and conditions of the customer unless we have expressly agreed to their validity.

1.3.
Unsere Allgemeinen Verkaufs- und Lieferungsbedingungen gelten auch für zukünftige Geschäfte, selbst wenn wir im Einzelfall nicht darauf Bezug nehmen sollten.

  1. Offer and conclusion of contract

2.1 Our offers are subject to change and non-binding, unless they are expressly designated as binding offers.

2.2 Our written order confirmation is decisive for the order. The order confirmation can also be made by sending an invoice with the goods. If the customer has objections to the content of the order confirmation, he must object to this immediately. Otherwise, the contract shall be concluded in accordance with the order confirmation.

  1. Delivery periods, delay in delivery

3.1 The deadline for delivery and performance is based on the agreements made in accordance with the order confirmation. Compliance with this deadline is subject to all commercial and technical issues having been clarified and the customer having fulfilled all obligations incumbent upon it. If this is not the case, the deadline for delivery and performance shall be extended accordingly.

3.2 The delivery deadline shall be deemed to have been met if the goods have left the factory by the time it expires.

3.3 We shall not be responsible for delays in delivery and performance due to force majeure and events unforeseeable by us and for which we are not responsible, which make delivery or performance significantly more difficult or impossible for us, even in the case of bindingly agreed deadlines and dates. They authorise us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time. If the hindrance lasts longer than three months, the customer is entitled to withdraw from the contract after setting a reasonable grace period. Claims for damages by the customer are excluded in this case.

3.4 If we are in default of delivery, we shall be liable for the damage caused to the customer by the delay in the event of gross negligence. In the event of slight negligence, our liability for proven damage caused by delay shall be limited to compensation of 0.5 % for each completed week of delay, but not more than a total of 5 % of the price for the part of the delivery that could not be used for its intended purpose due to the delay.

  1. Dispatch and transfer of risk

4.1 The goods shall be dispatched and transported at the customer’s expense and risk. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer as soon as the goods leave our factory. This shall also apply if, in individual cases, carriage paid despatch by us has been agreed. It is up to the customer to take out transport insurance. If dispatch is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer on the day on which the goods are ready for dispatch.

4.2 If we select the mode of despatch, the route or the despatch person, we shall only be liable for gross negligence in the selection in question.

4.3 We are authorised to make partial deliveries if this is not unreasonable for the customer.

  1. Prices and payment

5.1 The prices stated in the order confirmation shall apply. These prices are ex works and do not include packaging, freight, postage, insurance, customs duties, other expenses and statutory VAT.

5.2 If, after conclusion of the contract up to the execution of the order, unforeseeable cost increases occur for us, e.g. due to an increase in labour or material costs or the introduction or significant increase in taxes or customs duties, we shall be entitled to adjust the prices within the scope of the changed circumstances and without charging an additional profit. This does not apply if we are in default of delivery.

5.3 We shall be entitled to perform or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, we become aware of circumstances which are likely to significantly reduce the creditworthiness of the customer or which jeopardise the payment of our outstanding claims by the customer arising from the respective contractual relationship. In this case, we may also prohibit the resale and further processing of goods delivered subject to retention of title.

  1. Set-off and retention

The customer may only offset against an undisputed or legally established counterclaim. The customer is only permitted to assert a right of retention if it is based on the same contractual relationship.

  1. Inspection and notification of defects

7.1 Upon receipt, the customer must check each delivery for completeness and damage to the packaging. Complaints must be sent to us immediately in text form. The customer must arrange for a report of the facts to be made to the despatch person.

7.2 The customer is obliged to inspect the delivery item immediately and to notify us immediately in text form of any recognisable defects. The obligation to inspect and give notice of defects also extends to deviations in quantity and identity. Hidden defects must be reported in text form immediately after their discovery. At our request, the customer shall be obliged to return to us the delivery item in respect of which defects have been notified.

  1. Claims for defects

8.1 If there is a defect for which we are responsible, we shall be entitled to subsequent fulfilment by, at our discretion, remedying the defect or delivering a defect-free item. If we refuse subsequent fulfilment, if it has failed or is unreasonable for the customer, the customer may assert further statutory rights. An insignificant reduction in value or suitability shall not be considered. The provisions under No. 10 apply to claims for damages due to defects.

8.2 The customer shall give us the necessary time and opportunity to carry out all repairs and replacement deliveries that we deem necessary; otherwise we shall be released from liability for the resulting consequences. Only in urgent cases where operational safety is jeopardised or to prevent
the customer has the right to remedy the defect himself or have it remedied by third parties and to demand compensation from us for the necessary expenses.

8.3 Claims for defects for commercial customers shall become time-barred 12 months after delivery of the item. Claims for defects for private customers shall become time-barred 24 months after delivery of the item. However, the statutory limitation periods shall apply to items that have been used in accordance with their normal use, in the event of fraudulent concealment of a defect and in the event of recourse by the entrepreneur.

8.4 Excluded from the warranty for defects are

– improper use

Use of force, damage caused by external influences or foreign objects

– Damage due to non-compliance with the operating instructions, e.g. connection to an incorrect mains voltage or type of current;

Normal wear and tear

– partially or completely dismantled devices.

When asserting a warranty claim, the original sales receipt with the date of sale must be enclosed.

  1. Return shipments

Regularly ordered goods may only be returned after consultation with Kammerer GmbH.

  1. Liability

10.1 We are liable for intent and gross negligence. We shall only be liable for slight negligence in the event of a breach of material contractual obligations arising from the nature of the contract or whose breach jeopardises the achievement of the purpose of the contract. In all other cases of slight negligence, claims for damages by the customer are excluded, regardless of the legal grounds.

10.2 The above limitation of liability shall not apply to claims arising from the Product Liability Act or in the event of injury to life, limb or health. In the case of claims for damages due to material defects, the limitation of liability shall additionally not apply if we have fraudulently concealed a defect or assumed a guarantee.

10.3 Claims for damages in connection with material defects shall become time-barred 12 months after delivery of the item. In the cases mentioned under 8.3, in the event of intent, gross negligence, culpable injury to life, limb or health and in the event of claims under the Product Liability Act, the statutory limitation period shall apply in each case.

  1. Terms of use

11.1 Texts, images, graphics and videos are subject to copyright. Any utilisation requires the prior written consent of Kammerer GmbH. Photocopies and downloads from the website may only be made for personal, private and non-commercial use. Links to our website may not be created without the written consent of Kammerer GmbH.

  1. Retention of title

12.1 We reserve title to all goods delivered by us until all claims arising from previous contracts have been paid in full. The claims also include cheques and bills of exchange as well as claims from current accounts. If a liability arising from a bill of exchange is established for us in connection with the payment, the retention of title shall only expire when our claim arising from the bill of exchange is excluded.

12.2 If the customer is in default of payment or if it becomes apparent that our payment claims are jeopardised by the customer’s inability to pay, we shall be entitled to demand the return of the goods on the basis of the retention of title.

12.3 In the event of seizure or other interventions by third parties, the customer must notify us immediately. The customer shall bear all costs that have to be incurred for the cancellation of the seizure and for the replacement of the delivery item, insofar as they cannot be collected from the third party.

12.4 The customer is authorised, subject to revocation for good cause, to dispose of the delivery item in the ordinary course of business. In particular, transfer by way of security and pledging are not permitted. The goods subject to retention of title may only be passed on by the customer to the purchaser if the customer is not in arrears with his obligations to us. In the event of resale, the customer hereby assigns to us all claims arising from the resale, in particular payment claims but also other claims in connection with the sale, in the amount of our final invoice amount (including VAT), irrespective of whether the delivery item has been resold without or after processing. The customer is authorised to collect the assigned claims on a fiduciary basis until revocation by us, which is permissible for good cause. The resale of the receivables within the framework of genuine factoring requires our prior consent. For good cause, we shall also be entitled to notify the third-party debtors of the assignment of claims on behalf of the customer. The customer’s authorisation to collect shall expire upon notification of the assignment to the third-party debtor. In the event of revocation of the collection authorisation, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents and informs the debtors of the assignment.

Good cause within the meaning of these provisions shall be deemed to exist in particular in the event of default in payment, suspension of payment, the opening of insolvency proceedings, protest of a bill of exchange or justified indications of over-indebtedness or imminent insolvency of the customer.

12.5 If the retention of title or the assignment of claims should be invalid or unenforceable due to non-waivable foreign legal provisions, the security corresponding to the retention of title or the assignment of claims in this area shall be deemed agreed. If the co-operation of the customer is required hereunder, he shall take all measures necessary to establish and maintain the security.

  1. Place of fulfilment, place of jurisdiction, applicable law

13.1 Unless otherwise agreed, the place of fulfilment for delivery, payment and all other obligations arising from the contractual relationship shall be our registered office.

13.2 The place of jurisdiction for all legal disputes arising from the contractual relationship as well as its creation and validity shall be the registered office of our company for both parties, provided that the customer is a merchant or a legal entity under public law. At our discretion, we may also bring an action at the customer’s registered office.

13.3 The contractual relationship is subject to German law. International sales law (CISG) shall apply to transactions with customers abroad.