General Terms and Conditions of Business and Delivery
of Uwe Kraft Reitsportgeräte & Metallbau GmbH, Frankenhardt-Honhardt

 

  1. Conclusion of contract

Our offers are non-binding. The scope of the contractual obligations of both parties shall be governed exclusively by the order or order confirmation signed by all contractual
partners and these Terms and Conditions of Sale and Delivery.
Any additions and/or amendments must be in writing.
Letters of confirmation from the customer do not obligate us, even if we do not contradict them. We reserve the right to make changes to the form and technology our products.
Following confirmation of an order, and in the event that delivery has already started, withdrawal from the contract is reserved if obtained credit information is unsatisfactory or
there is reason to consider the fulfilment of the contract by the buyer as doubtful.

 

  1. Delivery date and delivery

Specified delivery dates are not fixed dates, unless expressly agreed otherwise. We may reserve the right to make partial deliveries. The written order confirmation from the
contractor is decisive for the scope of delivery and the scope of service. Unforeseeable manufacturing hindrances, special events of force majeure, operational disruptions, strikes, lockouts and a lack of raw materials entitle us to postpone or cancel binding delivery obligations.
Subsequent changes that arise at the request of the client will be invoiced separately and may cause the delivery period to be extended accordingly. The contractor is also entitled to have services performed by subcontractors.

 

  1. Compensation, return of goods

In the event of delay in delivery and non-performance, we shall only be liable in the event of gross negligence. In the event of non-acceptance on the specified delivery date, the client instructs us to store the goods at its own expense and risk. If the buyer withdraws from the contract without us being at fault, we are entitled to charge the costs incurred by us, without the need to provide proof of these, at a minimum, 5% of the net order value. For goods that are returned voluntarily and not because we are at fault, we charge a processing fee of 10% of the invoice amount. We reserve the right to a discount for impairment of returned products. In principle, we do not take back goods that have been specially manufactured for the client.

 

  1. Terms of payment

Unless otherwise agreed, 40% of the order amount is to be paid as a down payment after receipt of the order confirmation from the client. The receipt of this payment at the same time marks the beginning of the agreed delivery period. Residual payments must be made in accordance with the payment schedule. Payments are to be made immediately without deductions by account-only cheque, or, in the case of transfers, within 8 days of the invoice date. If the agreed order amount exceeds the gross amount of €25,000, the client may demand a performance bond from the contractor.
The contractor is entitled to demand security from the client for the fulfilment of the client's payment obligations at any time after conclusion of the contract. In principle, this security is to be provided by the client in the form of a bank guarantee.
In the event of default in payment, we may demand interest at the rate of bank interest charged to us, but, at any rate, at least 7%. The client is not entitled to make offsets against our claims, unless its counterclaim has been undisputed or established by a court of law. Failure to comply with the terms of payment releases us from further performance of contractually agreed services.

 

  1. Acceptance

Formal acceptance shall take place during delivery and assembly if this is requested by one of the contracting parties within 3 days of notification of completion. In the case of any use, acceptance is deemed to have taken place once 6 days have passed since the start of use. Deliveries that are not assembled shall be deemed accepted if acceptance is not refused to the contractor in writing by fax within one working day of receipt, at the latest. Acceptance may only be refused if a significant defect significantly impairs the usability of the delivery and this impairment is attributable to the contractor or its vicarious agents.

 

  1. Warranty, liability

reserve the right to agree on a reduction of the remuneration at the request of the contractor in the event of a failed repair or replacement delivery. All defects must be reported to the client in writing. The contractor must be given the opportunity to check the justification of the notice of defects.
The shrinkage of wood caused by drying processes or the associated formation of cracks and gaps is inherently unavoidable and is not recognised as a defect.
If the claims for defects are justified, the contractor is obliged to repair or deliver faultless work. At the option of the contractor, a reduction in remuneration may be agreed.
Any further claims, in particular claims for damages, are excluded, unless the defects are based on intent or gross negligence on the part of the contractor. Liability for claims for damages is limited to foreseeable, typically occurring damages. The contractor is not obliged to remedy defects as long as the client has not fulfilled its payment obligations.
Warranty claims for buildings are subject to a statute of limitations in accordance with statutory provisions. For technical equipment and movable parts, the limitation period for
consumers is 2 years, for entrepreneurs 1 year. Damage caused by external influences is not covered by the warranty. Thus, in the event of damage to a separation grid, no
compensation is provided, since the durability of this depends significantly on the mindfulness of the operator.
If a guidance system with low current is supplied on grids, this is only based on the express request of the client. The contractor assumes no liability and warranty for accidents
resulting therefrom.

 

  1. Retention of title

The delivered goods remain the property of the contractor until all claims arising from the business relationship between the contractor and the client have been paid in full. The treatment and processing of the delivery shall be carried out for the contractor to the exclusion of the purchaser's acquisition of ownership. In the event of default in payment, the contractor shall be entitled to take back the goods after expiry of a reasonable grace period. The client shall bear any transport and assembly costs incurred. The claim for surrender of the goods shall not be deemed a withdrawal from the contract.

 

  1. Place of performance and jurisdiction

The place of performance is Frankenhardt – Honhardt.
The place of jurisdiction for all disputes arising from the contractual relationship is Crailsheim. We reserve the right to sue at the registered office of the client. The interpretation of the contract shall be governed solely by German law.

 

  1. Assembly

Before assembly, conditions necessary for set-up and the prerequisites for it must be created so that our systems can be transported smoothly to the installation site. In particular, it must be possible for all preparatory work to be started by the fitters and carried out without interruption and hindrance, and without endangering their safety.
Likewise, the appropriate current must be equipped with the prescribed residual current operated circuit breaker for the control of the control system. When installing our systems, we generally assume that the client has a building permit, insofar as this is necessary. The client is responsible for the creation of foundations. The client shall provide the installers with electricity and water free of charge.