General Terms and Conditions

I. Scope of application

The following General Terms and Conditions (hereinafter referred to as GTC) apply to contracts

zwischen Krugatech GmbH, vertreten durch den Geschäftsführer Steffen Gattermann, Tiroler Straße 1, 83435 Bad Reichenhall, Telefon: 0049-(0)1753521886, Mail: info@krugatech.de (im Folgenden kurz Krugatech

GmbH) and their customers (consumers and entrepreneurs).

Conflicting terms and conditions or terms and conditions of the customer that deviate from or supplement these GTC

are not recognized.

A consumer according to § 13 BGB is any natural person who enters into a legal transaction for the purposes of a legal transaction,

which are predominantly attributable neither to their commercial nor their independent professional activity

can be used.

An entrepreneur pursuant to § 14 BGB is a natural or legal person or a legal entity with legal capacity.

Partnership which, when concluding a legal transaction, acts in the exercise of its trade, business or profession.

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 of this separately.

III General Terms and Conditions of Sale and Delivery

1. conclusion of contract

1.1 Orders placed by the customer with Krugatech GmbH merely constitute an offer to Krugatech GmbH.

GmbH for the conclusion of a contract. The order confirmation is not an acceptance of the

Contract by Krugatech GmbH.

1.2 Offers to companies are always subject to change.

1.3 Krugatech GmbH shall accept the order with a separate order confirmation or with

Delivery of the goods.

2nd delivery

2.1 Krugatech GmbH delivers to the address in Germany specified by the customer. If the customer

entrepreneur, the risk shall pass to the customer upon handover of the goods to the carrier or upon collection of the goods.

by the customer, to the customer when the goods are ready for shipment.

3 Prices, terms of payment and retention of title

3.1 All prices are in Euro incl. 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, provided that no

deviating agreement or deviating payment deadlines on the invoice.

were recognized.

3.4 The delivered goods remain the property of Krugatech GmbH until full payment has been received

(hereinafter: reserved goods).

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 have been fulfilled.

Krugatech GmbH against the customer, even if the individual goods

has been paid.

4.2 The business customer is authorized to use the reserved goods in the ordinary course of business.

business operations to third parties if it is ensured that the payment is made to a third party.

Krugatech GmbH and that ownership is only transferred to the third party when the third party

has fulfilled its payment obligations.

4.3 For its part, the Business Customer may resell the goods subject to retention of title without

that this transfers the reserved ownership to the third party.

4.4 Without the consent of Krugatech GmbH, the business customer may not use the reserved goods

pledge the goods or assign them as security. Any processing or transformation of the

goods subject to retention of title by the business customer is carried out exclusively in the name and on behalf of

interest of Krugatech GmbH. In the event of seizures, confiscations or other

The business customer must immediately inform Krugatech GmbH of any dispositions or interventions by third parties.

to be notified.

4.5 The entrepreneurial customer assigns his claims from the resale of the

reserved goods including all ancillary rights already now in full in advance

to Krugatech GmbH by way of security, which accepts this assignment. Until further notice and

As long as the entrepreneurial customer is not in default, the entrepreneurial customer is

entitled to collect the claims assigned to Krugatech GmbH himself; however, he is

not entitled to dispose of them in any other way, e.g. by assignment.

4.6 At the request of Krugatech GmbH, the Contractor Client must

the customer concerned and to provide Krugatech GmbH with the information required to

assert their rights against the customer, e.g.

invoices and to provide the necessary information. Krugatech GmbH

shall release the securities to which it is entitled at the request of the customer insofar as their value

exceeds the receivables to be secured by more than 20%.

5. warranty

5.1 The statutory warranty rights shall apply. The rights arising from any guarantee

are neither excluded nor limited by these GTC.

5.2 If the customer is an entrepreneur, Krugatech GmbH shall decide on the type of subsequent performance and

Section 377 of the German Commercial Code (HGB) also applies; in the case of a replacement delivery, the costs of removing the

the defective item and the costs of installation of the defect-free replacement item from the

claim for subsequent performance is not covered.

5.3 Krugatech GmbH is liable for material defects and defects of title in accordance with the provisions of the BGB, the customer

must, however, first assert the rights to subsequent performance. If this fails, the

the customer's further rights in respect of defects (self-remedy, withdrawal, reduction,

compensation for damages).

5.4 Claims for defects by the customer who is an entrepreneur shall become time-barred one year after delivery.

6. liability

Claims for damages by the customer are excluded. Krugatech GmbH is liable for

Damage caused by defective work - regardless of the legal grounds,

only if it or its vicarious agents have caused the damage through willful or gross negligence.

negligent breach of duty. This also applies to damages caused by Krugatech GmbH

caused during preparation, execution or commissioning, as well as for damage,

which have arisen after subsequent performance. § Section 639 BGB remains unaffected. All above

Any further claims for damages are excluded.

IV. General conditions of manufacture, repair and assembly

The provisions under III of these GTC shall apply accordingly, unless otherwise agreed below.

agreement has been made. The terms and conditions shall not apply if manufacture and/or repair

be carried out within the scope of the contractual partner's claims for defects.

1. costs

1.1 If the expected price of the services is not stated when the contract is concluded, the

Customer set cost limits.

1.2 Binding cost estimates shall only be provided at the express request of the customer.

Customers created.

1.3 A cost estimate requested by the contractual partner is only binding if it has been approved by us.

is submitted in writing and designated as binding. For the information required to submit the

The contractual partner shall be invoiced for the services required in accordance with the cost estimate,

if the manufacture and/or repair is not carried out or it is not carried out at the

cannot be recycled during manufacture and/or repair.

1.4 If it becomes apparent during manufacture and/or repair that the expected costs of the

manufacture and/or repair exceed the non-binding estimated costs and

not in an economically justifiable relationship to the current value of the item to be repaired

we will inform the contractual partner of this immediately. The same applies to

defects which we only discover on the occasion of manufacture and/or repair and which

were not previously included in the scope of the manufacturing repair order.

1.5 The item shall be returned to us after a discontinuation of a production process for which we are not responsible or/and

Repair only at the express request of the contractual partner against reimbursement of the

The resulting costs will be returned to the original condition.

1.6 When calculating the manufacture and/or repair, the prices for the parts used are to be taken into account,

materials and special services as well as the prices for labor, travel and transport costs.

Transportation costs must be shown separately in each case. If the manufacture and/or repair

executed on the basis of a binding cost estimate, a reference is sufficient

to the cost estimate, whereby only deviations in the scope of services are particularly

are to be listed.

2. termination/termination

If the customer exercises his right of termination in accordance with § 649 sentence 1 BGB, Krugatech may

GmbH may demand 15 percent of the agreed remuneration as a lump-sum payment if the

execution has not yet begun. If execution has already begun, 80 percent of the

of the agreed remuneration.

3. payments

Payments are due immediately after acceptance and without deduction, unless otherwise agreed in writing.

has been agreed. In individual cases, partial payment can be agreed. Krugatech GmbH can

demand an appropriate advance payment when placing the order.

4. duties to cooperate

4.1 The customer is obliged to cooperate. The customer has the obligation to

necessary information and, if necessary, parts and to provide appropriate

working conditions and safety at the place of repair or assembly.

4.2 The customer is obliged to provide the required energy, including the necessary

connections at its own expense. He must provide all materials and supplies

and to carry out all other actions necessary for testing.

4.3 If the customer does not fulfill his obligations, Krugatech GmbH is entitled, but

not obliged to carry out the actions in its place and at its expense.

4.4 The statutory rights and claims of the customer shall otherwise remain unaffected.

5. deadline for the execution of manufacture, repair or assembly

5.1 The information provided by Krugatech GmbH on production, repair or installation deadlines is based on

are based on estimates and are not binding.

5.2 In cases of unforeseeable operational hindrances (e.g. work stoppages,

difficulties in procuring components, spare parts, delays in delivery or performance on the part of

suppliers) as well as in the event of official intervention, force majeure and labor disputes.

binding deadlines are also appropriate.

6. acceptance of the manufactured products, repair or assembly, takeover by the

Customers

6.1 The customer is obliged to accept the work as soon as he has been notified of its completion.

Acceptance cannot be refused due to insignificant defects.

6.2 If the customer defaults on acceptance, acceptance shall be deemed to have been completed after twelve months.

working days after notification of completion. If the customer has accepted the system without

the acceptance is deemed to have taken place after the expiry of two working days after the start of the

use as having taken place. In such cases, the customer must make reservations due to recognizable defects.

at the latest by the dates specified above.

7. extended lien

Krugatech GmbH is entitled to a lien on its claims arising from the contract for work and services.

the manufactured products, repair and maintenance work that have come into its possession on the basis of the contract.

or assembly object to the customer. The right of lien may also be exercised for claims arising from

previously performed work, spare parts deliveries and other services.

made to the extent that they are related to the subject matter of the order. For

other claims arising from the business relationship, the right of lien only applies insofar as these

claims are undisputed or have been legally established.

8. warranty

Krugatech GmbH shall be liable for material defects and defects of title in accordance with the provisions of the BGB for the

contract for work and services, but the customer must first assert the rights to subsequent performance.

If this fails, the client shall be entitled to further rights in respect of defects (self-remedy,

withdrawal, reduction, compensation).

The customer must notify Krugatech of any defect in the services supplied, repair or installation.

GmbH without delay. If the customer has without the consent of Krugatech GmbH

corrective, repair or assembly work is carried out improperly by the customer or by

by a third party, Krugatech GmbH shall not be liable for this work.

work. The same applies if, at the customer's request, the replacement of

parts in need of replacement.

9. copyright

The services of Krugatech GmbH are subject to the protection of intellectual property. The

Passing on or presentation of written elaborations or results from Krugatech

GmbH to third parties require the prior consent of Krugatech GmbH.

V. Final provisions

Krugatech GmbH is not willing or obliged to participate in a dispute resolution procedure before a court.

consumer arbitration board.

After a dispute has arisen between Krugatech GmbH and a consumer-customer, the

not through negotiations with the consumer-customer, for example within the framework of our

customer complaint system could be settled, consumer customers can in principle use the

General Consumer Arbitration Board of the German Federal Court of Justice responsible for general consumer problems

Center for Conciliation.

VI Contact:

General Consumer Arbitration Board of the Center for Arbitration e.V.

Straßburger Straße 8,

77694 Kehl on the Rhine

mail@verbraucher-schlichter.de

Phone: 07851 / 795 79 40

Fax: 07851 / 795 79 41

Applicable law, contact

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.