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AGB
General Terms and Conditions of Business
 
1. Validity of the General Terms and Conditions of Business The following general terms and conditions of business apply exclusively to all supplies and services provided by the Kreutzkamm GmbH. The Kreutzkamm GmbH does not recognise the purchaser's general terms of business, unless it had expressly agreed to their validity. This is also the case if the Kreutzkamm GmbH unconditionally performs its services in the full knowledge that the purchaser's terms of business are opposed to its own or differ from them.

In business dealings, the general terms and conditions of business also apply to future business relations with the purchaser without any need for an explicit reference to this fact.

2. Completion of the Contract
Once the goods are ordered by the purchaser, the contract takes effect, based on the Kreutzkamm GmbH's current price list at the time when the order is placed.

The order may be placed in person, by telephone or (if possible, using the order form) by fax, e-mail or post. No confirmation of the order will be given.

3. Prices
The prices in force according to the Kreutzkamm GmbH's current price lists at the time the order is placed apply in each respective case. Invoices are presented in euros, and the relevant legal rate of value added tax and packing and shipping charges are added.
The purchaser bears responsibility for any customs duty or any other fees that are due.

4. Shipment
If the goods are to be dispatched, the Kreutzkamm GmbH has the right to use its discretion in selecting a transport company. Goods are normally sent by parcel post, or by a transport company on euro pallets when goods are dispatched to bulk purchasers.

The purchaser bears the costs of transport, unless some other arrangement is expressly agreed.

5. Delivery Times - Part Deliveries
No delivery deadlines apply to deliveries, if no other arrangement has been expressly agreed. The Kreutzkamm GmbH is not bound by deadlines set unilaterally by the purchaser.

The Kreutzkamm GmbH is entitled to make part deliveries - if this is a reasonable proposition for the purchaser

6. Passing of Risk
In business dealings, the risk that goods may deteriorate accidentally or perish passes to the purchaser once they are handed over to the transport company.

7. Acceptance of Goods
The purchaser is obliged to take delivery of the goods once they are delivered by the transport company. If the goods cannot be delivered to the stated delivery address by the transport company for reasons for which the Kreutzkamm GmbH is not responsible, or if the purchaser or consignee refuses to take delivery of the goods, the Kreutzkamm GmbH is entitled to charge the purchaser the full purchase price. The purchaser is responsible for the cost of returning the goods and other expenditure which arises because of the failure to take delivery of the goods.

The purchaser does not have any right of withdrawal or a right to return the goods in line with paragraphs 355 and 356 of the German Civil Code, as the goods may perish quickly (paragraph 312 d, section 4, point 1 of the German Civil Code).

8. Payment
In the case of orders placed in Germany, payment may be made in cash, by credit card, by direct debit or by invoice. Payment may only be made by credit card in the case of orders placed from abroad.
The Kreutzkamm GmbH accepts Eurocard/Mastercard and Visa credit cards.

The sum on the invoice must be paid without any deductions. If payment is made by invoice, payment must be made within 10 days of receipt of the invoice. If the purchaser does not meet its deadlines in making payments, the Kreutzkamm GmbH has the right, following the first letter of demand, to transfer the demand for payment to a debtcollection agency (e.g. Creditreform) to ensure recovery of the debt.

The Kreutzkamm GmbH is entitled to charge the purchaser for any letter of demand and debt collection costs, expenditure incurred by the reversal of expenditure transactions or any other costs incurred by the purchaser's failure to pay in a proper fashion.

9. Retention of Title
The goods remain the property of the Kreutzkamm GmbH until full payment has been made.

10. Damage to Goods in Transit - Imperfections
The goods must be inspected by the purchaser when they are delivered by the transport company. Visible damage to goods in transit must be confirmed in writing by the transport company. Notification of obvious imperfections in the goods must be made to the Kreutzkamm GmbH in writing or by fax immediately, at the latest within 10 calendar days after they have become visible, and the goods must be returned to the Kreutzkamm GmbH for inspection. The inspection of the returned goods to determine whether imperfections or faults are present is the responsibility of the persons authorised by the Kreutzkamm GmbH to inspect the goods.

11. Liability
The Kreutzkamm GmbH is liable to pay compensation and indemnify any superfluous expenditure in the sense of paragraph 284 of the German Civil Code (hereafter referred to as "compensation") for imperfections in the goods supplied or its performance or for violating other contractual or non-contractual obligations, especially as a result of unauthorised action, but only if this occurs intentionally and through gross negligence. The above mentioned restriction on liability does not apply to injury to life, body or health, when assuming responsibility for a guarantee or a risk associated with purchasing goods, the violation of essential contractual obligations and in liability issues laid down in the product liability law. Compensation for violating essential contractual obligations is restricted to indemnifying such claims as the Kreutzkamm GmbH could have envisaged when signing the contract, based on the circumstances that were evident to the Kreutzkamm GmbH (typical contractual claims), as long as intention or gross negligence do not apply or the liability pertains to injury to life, body or health or when assuming responsibility for a guarantee or a risk associated with purchasing goods. All the restrictions on liability also apply to vicarious agents to the same degree. Any alteration of the burden of proof to the disadvantage of the purchaser is not linked to the above mentioned provisions.

12. Note on out-of-court online dispute resolution (ODR Platform)
The European Commission ODR platform, which shall act as a point of contact for out-of-court online resolution of disputes concerning obligations arising from online agreements, is available at the following address:
http://ec.europa.eu/consumers/odr
You can contact us by email at versand@kreutzkamm.de

13. Offsetting - Assignment
The purchaser may only offset payments to the Kreutzkamm GmbH with counter-demands, if these are uncontested or legally binding.

The assignment of claims against the Kreutzkamm GmbH is only possible following the latter's prior written agreement. No claim may be made that such an agreement exists. Paragraph 354 a of the German Commercial Code is unaffected by this.

14. Applicable Law - Place of Jurisdiction
The contractual relations between the Kreutzkamm GmbH and the purchaser are exclusively subject to the substantive law of the Federal Republic of Germany. Munich is the place of performance for all supplies and services in business dealings.
 
Munich is the place of jurisdiction for traders, legal entities or persons or special funds governed by public law.

Kreutzkamm GmbH

 

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