General Terms And Conditions
General Terms and Conditions of Business and Delivery of KRAMPITZ Maschinentank GmbH (online)
General Terms and Conditions and Customer Information
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following Terms and Conditions of Business shall apply to contracts, which you conclude with us as a supplier (Krampitz Maschinentank GmbH) on the Internet at shop.krampitz.de, unless the Parties hereto have agreed in writing on any amendment. Any deviating or conflicting terms and conditions shall only be effective with our express consent.
(2) We offer our products for sale only to natural or legal persons or legal partnerships that engage in commercial or independent professional activities (entrepreneur) upon conclusion of the legal transaction. The conclusion of a contract with consumers shall be excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract shall comprise the sale of goods. The essential characteristics of the goods shall to be found in the pertaining quote.
(2) Our quotes provided on the Internet shall be non-binding and shall not constitute a binding offer to conclude a contract.
(3) You can submit a binding offer to conclude a contract (order) by telephone, e-mail, fax, mail or through our online shopping cart system.
When purchasing through our online shopping cart system, the goods intended for purchase are placed in the "basket". By clicking on the corresponding button in the navigation bar, you can access your " basket " and make changes at any time. After calling up the "Checkout" page and entering your personal data and selecting payment and shipping options, all order data will be displayed again on the order overview page.
Before submitting the order, you can check and change all details again (also by using the back function of your Internet browser) or cancel the purchase. By submitting your order by clicking the corresponding button, you submit a binding offer to us.
You will first receive an automatic e-mail confirming the receipt of your order, which will not yet lead to the conclusion of the contract.
(4) The acceptance of the offer (and thus the conclusion of the contract) shall take place immediately when ordering by telephone or no later than within 5 days in case of written confirmation (e.g. e-mail), in which the fulfilment of the order or delivery of the goods shall be confirmed to you (order confirmation).
If you do not receive a corresponding message within this period, you shall no longer be bound to your order. In this case, any services already performed shall be refunded immediately.
(5) Upon request, we will give you an individual quote, which will be sent to you in writing and to which we shall be bound for 5 days. You can accept the offer by sending us a written confirmation.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided us with is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Intended use
By submitting the offer, you warrant that the goods we deliver shall not be used, utilized and/or applied for nuclear, military and/or terrorist purposes.
§ 4 Prices, terms of payment and shipping costs
(1) Prices quoted shall be valid for the scope of services and deliveries listed in the order confirmations and are deemed net prices. They do not include statutory value added tax. Prices are in EURO ex works (EXW according to Incoterms® 2020): KRAMPITZ Maschinentank GmbH, Henningen 78, 29410 Salzwedel, Germany.
(2) If the Parties hereto agree to have goods delivered free carrier (FCA according to Incoterms® 2020), the costs incurred shall be charged separately, unless free delivery has been agreed. Further details can be found under an appropriately designated button on our website or in the respective offer.
(3) If goods are delivered to countries outside the European Union, further costs may be incurred for which we shall not be responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by credit institutions), which shall be borne by you.
(4) You shall be liable for any costs arising from the transfer of money (transfer or exchange rate fees charged by credit institutions) in cases where goods are delivered to an EU member state but the payment was made outside the European Union.
(5) You can select among the payment options shown under a corresponding button on our website or in the respective offer. If no other payment period is indicated for an individual payment method or on the invoice, any payments arising from the contract concluded shall be due immediately. The deduction of any cash discounts shall only be permitted if expressly stated in the respective offer or on the invoice.
§ 5 Terms of delivery
(1) The expected delivery time is stated in the respective offer. Delivery dates and times shall only be binding if confirmed by us in writing.
(2) If, contrary to expectations, a product you ordered is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the non-availability and, in the event of cancellation, any payments already made shall be refunded immediately.
(3) Delivery shall be ex works (EXW according to Incoterms® 2020): KRAMPITZ Maschinentank GmbH, Henningen 78, 29410 Salzwedel, Germany. If the Parties hereto agree that the seller shall be responsible for sending the goods, we shall deliver in accordance with the free carrier principle (FCA according to Incoterms® 2020).
(4) Partial deliveries shall be permissible and can be invoiced by us independently, provided that this shall not result in additional shipping costs for you.
(5) In case of advance payment by bank transfer, goods shall only be delivered after receipt of the full purchase price. In case of a purchase where the seller shall be responsible for sending the goods in accordance with the free carrier principle (FCA according to Incoterms® 2020), we can fulfill the shipping order for the purchaser if this has been agreed between us individually; the delivery shall then only be effected after receipt of the shipping costs.
§ 6 Warranty
(1) The warranty period shall be one year from the delivery of the item. This period may not be shortened in the following cases:
- for culpably caused damage attributable to us resulting from injury to life, limb or health and in case of other damage caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed any warranty for the quality of the item;
- in case of items that have been used for a building or structure in accordance with their usual purpose and have caused its defectiveness;
- in case of statutory recourse claims which you have against us in connection with warranty rights.
(2) With the exclusion of any other advertising, public promotions and statements by the manufacturer, only our own specifications and the manufacturer's product description shall be deemed agreed to constitute the quality of the item.
(3) In the event of defects, we shall, at our discretion, remedy a defect by repair or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The removal of the defect shall be deemed to have failed after a second unsuccessful attempt, unless something else emerges from the nature of the item or the defect or other circumstances. If defects are repaired, we shall not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.
Art. 7 Right of retention, reservation of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) We shall reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, any pledging or collateral transfer shall not be permitted.
(3) You shall have the right to resell the goods in the ordinary course of business. In this case, you shall hereby assign to us any and all claims in the amount of the invoice amount that accrue to you from the resale; we shall accept the assignment. You shall continue to be authorized to collect the claim. If you do not meet your payment obligations properly, we shall reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new product in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release any collateral to which you are entitled at your request if the realizable value of our collateral exceeds the claim to be secured by more than 10%. We shall have the right to select the collateral to be released.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) Place of performance and place of jurisdiction shall be our registered office if you are a merchant, legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or in the EU.
II. Customer information
1. Identity of the Seller
Krampitz Maschinentank GmbH
Dannenberger Str. 15
Phone: +49 (0) 39013088100
2. Information regarding the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as any correction options shall be subject to art. 2 of our General Terms and Conditions (Part I).
3. Contract language, storing the contract text
3.1 The contract language shall be German.
3.2 We shall not store the complete text of the contract. Before sending an order or inquiry, contract data can be printed out or electronically saved using your browser’s print function.
These Terms and Conditions were created by the lawyers of the Händlerbund (Merchants’ Association) specializing in IT law and are permanently assessed for legal conformity. The Händlerbund Management AG warrants the legal certainty of the texts and shall be liable in case of written warnings issued. For more information please go to: http://www.haendlerbund.de/agb-service.
Last update: 23-10-2019