General terms and conditions
As is generally the case, this should actually contain well-formulated terms and conditions of sale. However, we know – just as you do – that these are usually not taken into consideration and that they are, moreover, often opposed to your terms and conditions of purchase, which may contain contradictory provisions because – as usual – the two have not been harmonized.
Therefore, we expressly object to any General Terms and Conditions of yours as the buyer that deviate, conflict with, or supplement the following terms and conditions. This is unless they do not contain any provisions that deviate from the provisions of German substantive German Law, in particular the German Civil Code (BGB) and the German Commercial Code (HGB). Such deviating General Terms and Conditions shall not apply even if we deliver without reservation or do not expressly object to them.
All our offers, order confirmations, deliveries, and services, are governed exclusively by the following Terms and Conditions. They are supplemented by the legal provisions of German Substantive Law - in particular the BGB and HGB.
The technical documents enclosed as well as the ones provided in the future are our exclusive property. They may only be used for the purpose expressly agreed upon. Any other commercial use, reproduction, or disclosure to third parties is prohibited without our prior written consent.
Unless otherwise agreed, we deliver ex works (Germany, 83093 Bad Endorf, Handwerkerpark 21) (Intercoms 2020), excluding packaging and insurance. The delivered goods remain our property until the purchase price has been paid in full.
In the event of any defects, we may, at our discretion, either remedy the defect or supply a non-defective item. Normal wear and tear of machine parts does not constitute a defect in this regard. We exclude claims for damages, in particular for production downtime, lost profits, and other consequential damages, unless they are based on an intentional or grossly negligent breach of duty by us or we have given a corresponding guarantee. We are also liable if we have fraudulently concealed a defect.
Furthermore, our liability for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty on our part, liability under the Product Liability Act, and liability for damages resulting from a slightly negligent breach of essential contractual obligations (so-called cardinal obligations) remain unaffected. In the latter case, however, our statutory liability is limited to the foreseeable damage, typically arising in such circumstances.
A breach of duty on our part shall be deemed equivalent to a breach of duty by our employees, staff, managing directors, or other agents whom we engage to fulfil our obligations toward you. The exclusion or limitation of liability stipulated herein also applies to any potential personal liability of these individuals. To the extent that liability is excluded or limited as described above, claims shall become time-barred one year from the date of delivery.
Should you or we seek judicial assistance to resolve any disputes arising from this contract, the courts of Germany, 83278 Traunstein (in the area of our registered office) shall have exclusive jurisdiction. We reserve the right to take legal action at your general place of jurisdiction as an option.
German law applies, excluding the United Nations Convention of Contracts for the International Sale of Goods (CISG).