General Terms and Conditions of KRAFTWERK Industry GmbH & Co.KG

All previous terms and conditions lose their validity

  1. General

1.1. All offers, orders and orders are based exclusively on our following General Terms and Conditions. They shall be deemed to have been accepted by placing an order, accepting an order, placing an order or accepting the delivery.

1.2. Deviating terms and conditions of purchase, delivery and payment are hereby expressly rejected – they do not oblige us even if we do not expressly object to them at the time of conclusion of the contract. Any other terms and conditions shall only apply if they have been agreed in writing.

  1. Offers and orders

2.1. Our offers are subject to change and non-binding until receipt of our written order confirmation.

2.2. Unless expressly stated, our offers are exclusive of packaging, shipping, delivery, assembly or training. Delivery is usually ex works in Staßfurt.

2.3. For the sketches, drawings, illustrations, weights, dimensions, etc. belonging to the offer, the general and customary tolerances apply, unless they are expressly stated as binding.

2.4. If offers are prepared according to the documents, plans, drawings, descriptions, parts lists, etc. provided by the customer or orders are executed, this information shall be deemed binding. We assume no liability for errors contained in this case.

2.5. Changes must be communicated in writing in good time before the order is executed and confirmed by us.

2.6. We reserve the right to make technical changes to our products. Our product images in the catalogue are non-binding. Furthermore, any liability for printing errors is excluded. Duplication and reprinting of the catalogue, including excerpts from it, are only permitted with the written permission of KRAFTWERK Deutschland GmbH.

  1. Prices and terms of payment

3.1 Payments must be made directly to us.

3.2. The prices are in EURO plus the statutory value added tax. In principle, payment must be made in the invoice currency.
If no special agreements have been made, our prices are ex works. All shipping costs, freight, packaging, customs duties, fees or similar are at the expense of the client.

3.3. Invoices are payable without deduction within 2 weeks of issue. The invoiced amount is to be paid to us undiminished. Deductions require prior written agreement. The terms of delivery and payment confirmed in writing by KRAFTWERK Industry GmbH & Co.KG apply. If partial payments have been agreed and the buyer remains in arrears with his installment for more than 10 days, the total price is due immediately. In the event of default in payment, we shall be entitled to charge default interest at the rate of 8% above the respective base interest rate from the first day.

3.4. The withholding of payments or the set-off of disputed or not legally established counterclaims of the client is not permitted.

3.5. If material and wage cost increases occur after acceptance of the offer until completion, we are entitled, unless the delivery is to take place within 4 months after conclusion of the contract, to demand price adjustments. If the offer price cannot be met for reasons for which we are not responsible, price increases of up to 10% per position are possible. Higher adjustments must be communicated to the client in writing. If no rejection is received after 7 days, the price increase shall be deemed accepted.

3.6. If, after conclusion of the contract, circumstances become known that are likely to impair the creditworthiness of the customer, all our claims shall become due immediately. Circumstances that objectively determine the lack of creditworthiness entitle us to perform outstanding services only against advance payment or security or to withdraw from the contract. Furthermore, we are entitled to discontinue production or assembly and to discontinue our
services rendered with immediate due date.

  1. Delivery and delivery time

4.1. Delivery takes place within the agreed delivery time. This presupposes that all technical questions have been clarified. However, if unexpected faults or technical problems occur, we are entitled to extend the delivery time. We are not obliged to inform the client of this.

4.2. If the agreed delivery date of an order is postponed by the customer by more than 2 weeks, or if an order with a fixed delivery date is converted into a call-off order / a call-off order, we are entitled to issue interim or advance invoices or to demand advance payments.

4.3. Acceptance shall be deemed to be both the physical seizure upon delivery and the acceptance by the customer or his representatives after completion in our company.

4.4. If completed orders are not accepted by the customer within one week of completion notification, the agreed price is due for payment immediately. We are free to charge storage fees. This also applies to agreed partial services.

  1. Default

5.1. If we are unable to fulfil the contract as a result of force majeure, industrial action or the like, we reserve the right of withdrawal if the maintenance represents an unreasonable hardship.

5.2. Withdrawal for the above-mentioned reasons releases us from any liability for damages for delayed or unexecuted performance.

5.3. Claims for damages arising from impossibility of performance, from positive breach of claims, from fault at the time of conclusion of the contract and from tort are excluded both against us and against our vicarious agents or vicarious agents, unless intentional or grossly negligent action exists.

  1. Risk

The risk shall pass to the customer as soon as the delivery or the object of the order has been loaded, handed over to the forwarder or the delivery or the object of the order has not been accepted within one week after completion notification.

  1. Warranty, Warranty, Notices of Defects

7.1. The statutory warranty claims apply.

7.2. Unsuitable or improper use, natural wear and tear, incorrect or negligent treatment, both excessive stress and the use of unsuitable equipment, as well as chemical, electronic or electrical influences exclude a warranty. The same applies to defects that only insignificantly reduce the value and suitability of the goods.

7.3. The goods delivered by us must be inspected and treated immediately after arrival at the place of destination with the care of a prudent businessman. If the inspection is omitted, we are not liable for defects in the goods. Notices of defects must be notified to us in writing within 8 days of receipt of the goods. If this is not done, the notice of defects cannot be taken into account. At our request, the goods must be returned.

7.4. KRAFTWERK Industry GmbH & Co.KG assumes no liability for parts or products purchased or provided by the customer. Any liability is excluded for hidden defects that cannot be traced back to our fault and are only discovered after acceptance or delivery of the work by the customer.

7.5. In the event of a timely notification of defects, we must be given the opportunity to carry out an inspection on the spot and, if necessary, to carry out rectification.

7.6. If the notice of defects is recognized by us as justified, free rectification will take place within a reasonable period of time. In the event of failed rectification, the client may either demand a reduction in price in accordance with the provisions of a neutral expert or rescission. Further claims are excluded, in particular also consequential damages.

  1. Ownership

8.1. Delivery is made exclusively under extended retention of title. The goods remain our property until full payment has been made. We are entitled to demand the surrender of the delivery in the event of non-compliance with the set payment deadline.

8.2. The customer may neither pledge the delivery item nor assign it to third parties as security until full payment has been made. The customer must notify us immediately of any seizure, confiscation or other dispositions by third parties.

8.3. The customer is only entitled to resell the reserved goods in the ordinary course of business, but only as long as he reserves the right to sell us. The customer's claim from the resale of the reserved goods is hereby assigned to us as security for all our claims, including balance claims against him, regardless of whether it was resold without or after processing and the like, in the amount of the invoice value together with ancillary costs of the goods delivered by us to him.

  1. Final provisions

9.1. Both parties are obliged to maintain the secrecy of the documents and any business secrets that have become known to them in the context of the business relationship. The violation allows termination or cancellation of the contract without notice, with which
As a result, the other part is obliged to pay damages.

9.2. We are entitled to store, process and transmit data of goods and payment transactions with the customer within the company in accordance with the Federal Data Protection Act. Personal and company-related data will only be stored and processed by us to the extent necessary to carry out the orders.

9.3. Should individual provisions of these terms and conditions be or become invalid, the remaining provisions shall remain unaffected. These provisions are then to be interpreted or, if necessary, supplemented in such a way that they do not conflict with statutory provisions.

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

10.1.Place of performance for all contractual services, unless expressly agreed otherwise, is the registered office of KRAFTWERK Industry GmbH & Co.KG. The place of jurisdiction is the district court of Stendal.

10.2. The terms of delivery and the entire legal relationship between us and the buyer shall be governed by the law of the Federal Republic of Germany. The application of international sales law is excluded as far as possible.

10.3. Ancillary agreements, changes and additions to the contract are only binding for us with the written confirmation of KRAFTWERK Industry GmbH & Co.KG.

Staßfurt, February 2022