Terms and Conditions

Note (remove before publication): These Terms and Conditions are a non-binding template and do not constitute legal advice. Before publication, they must be reviewed by a lawyer and adapted to your actual business processes (e.g. using the IONOS legal text assistant or through a law firm). Complete all details in square brackets. Only the German version is legally binding.

§ 1 Scope of Application

(1) These General Terms and Conditions apply to all contracts between Helmut Zerrle Schweißtechnik-Großhandel GmbH, Meierweg 6, 86154 Augsburg (hereinafter the “Seller”) and its customers concerning the delivery of goods and the provision of service, repair and installation work.

(2) These Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. [If sales are also made to consumers, this clause must be amended and consumer protection provisions must be added.]

(3) Any conflicting terms or terms of the customer deviating from these Terms and Conditions shall not be recognised unless the Seller expressly agrees to their validity in writing.

§ 2 Offers and Conclusion of Contract

(1) Offers made by the Seller are subject to change and non-binding unless they are expressly designated as binding.

(2) The contract is concluded upon the Seller's written order confirmation or upon execution of the delivery or service.

§ 3 Prices and Terms of Payment

(1) The prices agreed at the time the contract is concluded shall apply, plus statutory value added tax and, where applicable, shipping and packaging costs.

(2) Invoices are due for payment without deduction within [insert payment term, e.g. 14 days], unless otherwise agreed. [Add or delete early payment discount provision.]

(3) In the event of late payment, the statutory provisions apply (Section 288 BGB).

§ 4 Delivery, Shipping and Transfer of Risk

(1) Delivery dates and deadlines are only binding if they have been expressly agreed in writing. Partial deliveries are permitted insofar as they are reasonable for the customer.

(2) The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover to the carrier (sale by dispatch, Section 447 BGB).

(3) Force majeure, operational disruptions or delayed delivery by the Seller's own suppliers shall extend the delivery period by a reasonable amount of time.

§ 5 Retention of Title

(1) The delivered goods remain the property of the Seller until full payment of all claims arising from the business relationship.

(2) The customer is entitled to resell the goods subject to retention of title in the ordinary course of business; the customer hereby assigns to the Seller all claims arising therefrom. [Have extended/prolonged retention of title drafted by a lawyer.]

§ 6 Warranty and Notification of Defects

(1) The statutory warranty rights apply, subject to the following: Obvious defects must be reported in writing without delay, at the latest within [insert period, e.g. 7 days] of delivery (Section 377 of the German Commercial Code (HGB) remains unaffected).

(2) In the case of justified notifications of defects, subsequent performance shall be provided, at the Seller's discretion, by rectification or replacement delivery.

(3) The warranty period is [insert period, e.g. 12 months] from delivery, to the extent permitted by law. For used goods, [insert provision] applies.

§ 7 Liability

(1) The Seller shall be liable without limitation for intent and gross negligence as well as for injury to life, body or health and under the German Product Liability Act.

(2) In cases of ordinary negligence, the Seller shall be liable only for the breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract. Any further liability is excluded.

§ 8 Service, Repair and Installation Work

(1) For repair, maintenance, inspection and installation work, the terms agreed in the individual case shall apply in addition. Cost estimates are non-binding unless expressly agreed otherwise.

(2) Replaced parts become the property of the Seller unless otherwise agreed.

§ 9 Data Protection

Information on the processing of personal data can be found in our Privacy Policy.

§ 10 Governing Law and Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from the business relationship is – to the extent permitted by law – Augsburg.

§ 11 Final Provisions

Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

Last updated: [insert date]