General Terms and Conditions
I. Scope of Application
The following General Terms and Conditions (hereinafter referred to as GTC) apply to contracts
between Krugatech GmbH, represented by its managing director Steffen Gattermann, Tiroler Straße 1, 83435 Bad Reichenhall, Phone: 0049-(0)1753521886, Email: info@krugatech.de (hereinafter referred to as Krugatech
GmbH) and its customers (consumers and businesses).
Conflicting, deviating, or supplementary terms and conditions of the customer
are not accepted.
A consumer according to § 13 BGB is any natural person who concludes a legal transaction for purposes,
that can predominantly be attributed neither to their commercial nor their independent professional activity
can be.
An entrepreneur according to § 14 BGB is a natural or legal person or a legal entity,
a partnership, who, when concluding a legal transaction, acts in the exercise of their commercial or
independent professional activity.
II. Right of Withdrawal for Consumers
Consumers are entitled to a right of withdrawal in certain legally regulated cases. In this case,
we will inform you separately thereof.
III. General Terms and Conditions of Sale and Delivery
1. Conclusion of Contract
1.1 Customer orders placed with Krugatech GmbH constitute merely an offer to Krugatech
GmbH for the conclusion of a contract. The order confirmation does not constitute acceptance of the
contract by Krugatech GmbH.
1.2 Offers made to businesses are generally non-binding.
1.3 Acceptance is effected by Krugatech GmbH with a separate order confirmation or with
delivery of the goods.
2. Delivery
2.1 Krugatech GmbH delivers to the address specified by the customer in Germany. If the customer is
an entrepreneur, the risk passes upon handover of the goods to the forwarder or upon collection
by the customer, when the goods are ready for dispatch.
3. Prices, Payment Terms, and Retention of Title
3.1 All prices are in Euro including VAT.
3.2 Costs for packaging and shipping are to be borne by the customer in some cases.
3.3 Payments are due immediately and without deduction upon receipt of the invoice, unless
a different agreement has been made or alternative payment deadlines are
specified on the invoice.
3.4 The delivered goods remain the property of Krugatech GmbH until full payment.
(hereinafter: goods subject to retention of title).
4. If the customer is an entrepreneur, the following also applies:
4.1 The delivered goods remain the property of Krugatech GmbH until all
claims of Krugatech GmbH against the customer have been satisfied, even if the individual item
has been paid.
4.2 The entrepreneurial customer is entitled to resell the goods subject to retention of title in the ordinary course of
business to third parties, provided that payment to
Krugatech GmbH is made and that ownership is only transferred to the third party once the latter
has fulfilled its payment obligations.
4.3 The entrepreneurial customer may, for its part, resell under retention of title, without
thereby transferring the reserved ownership to the third party.
4.4 The entrepreneurial customer may not, without the consent of Krugatech GmbH, pledge the goods subject to retention of title
or assign them as security. Any processing or transformation of the
goods subject to retention of title by the entrepreneurial customer shall be carried out exclusively in the name and in the
interest of Krugatech GmbH. In the event of attachments, seizures, or other
dispositions or interventions by third parties, the entrepreneurial customer must immediately
notify Krugatech GmbH.
4.5 The entrepreneurial customer hereby assigns its claims arising from the resale of the
goods subject to retention of title, including all ancillary rights, in full and in advance
as security to Krugatech GmbH, which accepts this assignment. Until revoked and
as long as the entrepreneurial customer is not in default, the entrepreneurial customer is
entitled to collect the claims assigned to Krugatech GmbH itself; however, it is
not entitled to dispose of them in any other way, e.g., by assignment.
4.6 Upon request by Krugatech GmbH, the entrepreneurial customer must notify the assignment of claims
to the respective customer and provide Krugatech GmbH with the necessary
necessary documents for asserting its rights against the customer, e.g.,
invoices, and to provide the necessary information. Krugatech GmbH
will release the securities to which it is entitled upon the customer's request, insofar as their value
exceeds the claims to be secured by more than 20%.
5. Warranty
5.1 The statutory warranty rights apply. Rights arising from any guarantee
are neither excluded nor limited by these General Terms and Conditions.
5.2 If the customer is a business, Krugatech GmbH decides on the type of supplementary performance, and
§ 377 HGB (German Commercial Code) also applies; in the event of a replacement delivery, the costs of removing the
defective item and the costs of installing the defect-free replacement item are not
covered by the claim for supplementary performance.
5.3 Krugatech GmbH is liable for material defects and defects of title according to the provisions of the BGB (German Civil Code); however, the customer
must first assert the rights to supplementary performance. If this fails, the customer is entitled to
the further defect rights (self-remedy, rescission, reduction,
damages).
5.4 Defect claims of a customer who is a business prescribe within one year from delivery.
6. Liability
Claims for damages by the customer are excluded. Krugatech GmbH is liable for
damages resulting from defective work – regardless of the legal basis –
only if it or its vicarious agents caused the damages through intentional or gross
negligent breach of duty. This also applies to damages that Krugatech GmbH
caused during preparation, execution, or commissioning, as well as for damages
that occurred after supplementary performance. § 639 BGB remains unaffected. All further
claims for damages are excluded.
IV. General Manufacturing, Repair, and Assembly Conditions
The provisions under Section III of these General Terms and Conditions shall apply accordingly, unless no differing
agreement has been made hereinafter. These conditions do not apply if manufacturing and/or repair
are carried out within the scope of the contractual partner's defect claims.
1. Costs
1.1. If the estimated price of the services is not specified at the time of contract conclusion, the
customer may set cost limits.
1.2. Binding cost estimates will only be prepared upon explicit request by the
customer.
1.3. A cost estimate requested by the contractual partner is only binding if it is submitted by us
in writing and designated as binding. The contractual partner will be charged for the services required to provide the
cost estimate,
to the extent that the manufacturing and/or repair is not carried out, or if, during the
execution of the manufacturing and/or repair, these services cannot be utilized.
1.4. If, during the manufacturing and/or repair, it becomes apparent that the expected costs of the
manufacturing and/or repair exceed the non-binding estimated costs and
are not in an economically justifiable proportion to the current value of the item to be repaired,
we will inform the contractual partner immediately. The same applies to
defects that we only discover during the course of manufacturing and/or repair and which
were not previously covered by the scope of the manufacturing-repair order.
1.5. In the event of a manufacturing and/or repair being discontinued for reasons beyond our control, the item will
only be restored to its original condition upon the explicit request of the contractual partner and against reimbursement of the
costs incurred thereby.
1.6. When calculating the manufacturing and/or repair costs, the prices for parts used,
materials, and special services, as well as the prices for labor, travel, and
transport costs must be itemized separately. If the manufacturing and/or repair
if executed based on a binding cost estimate, a reference
to the cost estimate is sufficient, with only deviations in the scope of services needing to be particularly
specified.
2. Termination/Cancellation
If the customer exercises their right of termination pursuant to § 649 S. 1 BGB, Krugatech
GmbH may demand 15 percent of the agreed remuneration as a lump-sum payment if the
work has not yet commenced. If work has already commenced, 80 percent
of the agreed remuneration shall be payable.
3. Payments
Payments are due immediately and without deduction upon acceptance, unless otherwise agreed in writing.
agreed. In individual cases, partial payments may be arranged. Krugatech GmbH may
request a reasonable advance payment upon order placement.
4. Cooperation Duties
4.1 The customer is obliged to cooperate. The customer has the duty to provide necessary information and, if applicable, parts for the manufacturing process,
as well as to ensure appropriate
working conditions and safety at the repair or assembly site.
4.2 The customer is obliged to provide the necessary energy, including the required
connections, at their own expense. They must provide all materials and operating supplies
and perform all other actions necessary for testing.
4.3 If the customer fails to fulfill their obligations, Krugatech GmbH is entitled, but
not obliged, to perform the actions in their stead and at their expense.
4.4 The customer's statutory rights and claims remain otherwise unaffected.
5. Deadline for Manufacturing, Repair, or Assembly
5.1 Krugatech GmbH's statements regarding manufacturing, repair, or assembly deadlines are based
on estimates and are non-binding.
5.2 In cases of unforeseeable operational impediments (e.g., work stoppages,
procurement difficulties for components, spare parts, delays in delivery or performance by
suppliers), as well as in the event of governmental interventions, force majeure, and labor disputes, binding deadlines shall also be extended
appropriately.
6. Acceptance of manufactured products, repair or assembly, takeover by the
Customer
6.1 The Customer is obliged to accept the product as soon as its completion has been notified.
Acceptance cannot be refused due to minor defects.
6.2 If the Customer defaults on acceptance, acceptance shall be deemed to have occurred after twelve
working days from notification of completion. If the Customer has taken the system into use without acceptance,
acceptance shall be deemed to have occurred after two working days from the start of
use. In such cases, the Customer must assert reservations regarding recognizable defects
no later than the aforementioned times.
7. Extended Lien
Krugatech GmbH is entitled to a lien on the
manufactured products, repair or
assembly items belonging to the Customer, that have come into its possession under the contract, to secure its claims arising from the contract for work. The lien can also be asserted for claims arising from
previously performed work, spare parts deliveries, and other services,
provided they are related to the subject of the order. For
other claims arising from the business relationship, the lien only applies insofar as these
claims are undisputed or have been legally established.
8. Warranty
Krugatech GmbH is liable for material defects and defects of title according to the provisions of the German Civil Code (BGB) for the
contract for work; however, the Customer must first assert the rights to supplementary performance.
Should this fail, the client is entitled to further defect rights (self-remedy,
to rescission, reduction, or compensation for damages).
The customer must notify Krugatech
GmbH without delay of any defect in the delivered services, repair, or assembly. If the customer, without the consent of Krugatech GmbH,
has improperly carried out corrective, maintenance, or assembly work themselves or had it carried out by
a third party, then Krugatech GmbH's liability for such
work shall be void. The same applies if, at the customer's request, the replacement of
parts requiring renewal is omitted.
9. Copyright
The services provided by Krugatech GmbH are protected by intellectual property rights. The
disclosure or presentation of written elaborations or results from Krugatech
GmbH to third parties requires the prior consent of Krugatech GmbH.
V. Final Provisions
Krugatech GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a
consumer arbitration board.
Should a dispute arise between Krugatech GmbH and a consumer customer that
could not be resolved through negotiations with the consumer customer, for instance, within the framework of our
customer complaint system, consumer customers may generally contact the
General Consumer Arbitration Board of the
Center for Arbitration e. V., which is responsible for general consumer issues.
VI. Contact:
General Consumer Arbitration Board of the Center for Arbitration e.V.
Straßburger Straße 8,
77694 Kehl am Rhein
mail@verbraucher-schlichter.de
Phone: 07851 / 795 79 40
Fax: 07851 / 795 79 41
Applicable Law, Contact
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).