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General Terms and Conditions of Business:

Contract relating to work, service and the supply of materials in the

e-commerce business

 

 

Preliminary note

 

The following terms of delivery and payment form the basis of the delivery and service level agreements of the contractor (user) as a completion of the existing law.

 

Divergent regulations of the customer are obligatory for the contractor only if they were confirmed by the contractor particularly and in writing.

 

1. Completion of a contract

 

The delivery and service level agreement takes place only by a written order confirmation of the contractor.

 

2. Prices

 

(1) An obligatory pricing regulation is made only by a written order confirmation of the       contractor and under the reservation that the dates of order based on the order confirmation remain unchanged. The prices of the contractor are ex works in EURO plus the legal sales tax being valid at the time of the delivery unless other details are made.

 

(2) Packing, postage, insurance and other transportation costs are not included and are billed     for in addition.

 

(3) Alterations on the factory object carried out after confirmed order and having been carried out on request of the customer are charged to the customer.

 

(4) Design drawings, tools, sample and similar preliminary works which are arranged by the customer, are invoiced even if the order is not placed. These conditions are in this respect already valid before placing of the order.

 

3. Quantity delivered, delivery period

 

(1)       Production conditional increase or shortages up to 10% of the ordered quantity are permitted.

 

(2) The contractor is entitled to partial deliveries.

 

(3) The delivery times given by the contractor refer to the shipping date of the product. They are regarded as being kept if the product leaves the work at this time or the customer is informed about the readiness for delivery.

 

(4) The delivery period agreed on is always valid after clarification of all technical and business details. In this respect these are non-committal delivery periods, in principle. Obligatory delivery dates are those which have been confirmed in writing to the customer as being obligatory.

 

(5) If for the production of the work or for the execution of the delivery an action of the customer is required, then the delivery period starts only with the complete execution of this action by the customer.

 

(6) The customer has to grant an adequate extension which may not fall for three weeks when exceeding the delivery period.

 

(7) If the delivery period is not met including the adequate extension, the contractor is at most liable exclusively for the invoice value of the goods quantity which was not delivered in due time in height of the negative interest.

 

(8) Acts of god, breakdowns and similar circumstances being unforeseeable and not caused by the contractor release the contractor from the compliance with the delivery periods for the duration of the breakdown. In these cases the customer is not authorized particularly to withdraw from the contract and/or to assert compensation.

 

4. Guarantee

 

(1) The guaranteed period is two years for things produced newly and one year for used, reworked ones.

 

If the customer is a contractor, a legal entity of the public law or separate property under public law, then the guaranteed period is one year.

 

(2) The customer immediately has to check the product on receipt to be free from defects. Obvious defects have to be acquainted to the contractor immediately, at least in writing within a week after receipt of the product, however. If obvious defects are reproached not, not on time or not correctly, the guarantee is then dropped in this respect.

 

(3) Other defects have to be shown to the contractor within a week since notice.

 

(4) The contractor is liable for advertising messages or failings in the manual with respect to customers only who are consumers.

 

(5) Insignificant faults which fundamentally affect neither the value nor the suitability or the usability of the product are excluded from the guarantee.

 

(6) The contractor is authorized to carry out supplementary performance according to his choice. This means that he decides, whether a correction of faults or a new delivery is carried out.

 

If the supplementary performance fails, the contractor is entitled to repeat the supplementary performance. Also in the case of a repeated supplementary performance the contractor decides between a new delivery or a correction of the faults.

 

(7) The customer is only then entitled to the resignation of the contract and/or to the assertion of compensation if the repeated supplementary performance has failed. There is only claim to compensation as far as the contractor is responsible for a gross negligence or firm intention. The compensation is restricted to the negative interest in every case. Compensation for defect resultant damages is excluded as far as they are not based on firm intention.

 

5. Breaches of duty

 

(1) The liability for breaches of duty of the contractor confines itself to roughly negligent or deliberate duty violations.

 

(2) In principle, the contractor is not liable for breaches of duty which result from work performances which were, were rendered in accordance with this one of the customer of checked drawings, setting copies or sample, opened by the customer as production documents. The contractor is not liable for the constructive arrangement and correctness of the reproduced presentations.

 

However, the contractor has the duty to point out the impossibility of the technical putting into action of the presentations immediately as far as recognizable to the customer.

 

(3) The liability for the breach of protective rights of third parties particularly is excluded at the provision of work performances following the example of the customer. There is not an obligatory inspection on the part of the contractor with regard to protective rights of third parties.

 

6. Postage and packing costs

 

(1) For postage and packing a lump-sum price of 8.00 EUR is invoiced. For deliveries outside Germany but within the European Union 15.00 EUR are charged in addition. For deliveries outside the EU the product is sent by package service and against cash on delivery plus a lump-sum price of 3.50 EUR.

 

(2) If the order value is above EUR 150,-- net, the delivery is franco domicile carried out within the Federal Republic of Germany. At consignment within the European Union the consignment costs 8.00 EUR.

 

(3) If the consignment is carried out by cash on delivery, a lump-sum price of 3.50 EUR is invoiced.

 

(4) The contractor has alternatively the right to calculate dispatch and freight including

      packing costs on basis of actuals. If such a calculation takes place, then the contractor     

      has to inform the customer about it in the order confirmation.

 

7. Terms of payment

 

(1) Provided that nothing else is agreed, all invoices of the contractor are due immediately and without discounts on receipt of delivery. The contractor reserves the right to ask cash in advance of the customer for the total performance to be produced by him or for partial performances.

 

(2) If the period of payment is exceeded the contractor is justified to claim default interests in the amount of 4% above the base interest rate of the German Federal Bank, and, as far as the customer is not a consumer,  of 5% above the base interest rate of the German Federal Bank, for which the proof of a higher damage caused by delay is possible at any time.

 

(3) Drafts are not accepted and checks are accepted only for processing and under the provision of the credit note.

 

(4) If the customer is behind schedule with the payment, the further fulfillment of the contract is up to the contractor.

 

If endangering the pecuniary claim considerably, then the contractor is authorized to demand cash in advance or sufficient safety.

If the customer refuses cash in advance or safety, then the contractor can withdraw from contract and assert compensation.

 

(5) In-payments pay off always costs, then interests and at last the key demand respectively always the older at several next to demand regardless of a contrary regulation of the customer.

 

8. Reservation of title

 

(1) The delivered product remains the property of the contractor until all demands to the date of invoice are settled by the customer.

 

(2) In the case of processing goods subject to retention of title the (co-) property is entitled to the contractor in the value of the condition of the goods subject to retention of title at the thing arising from it before processing.

 

A sale of the goods subject to retention of title is only permitted in the proper commercial traffic of the customer. If the customer further sells the goods subject to retention of title, he hands over the demand against the buyer on the contractor at the time of the sale. The customer has to oblige the buyer to make payments in the context of the duty of payment resulting from the resale directly to the contractor. Exceptions require the previous written agreement between contractor and customer.

 

(3) For the rest, dispositions about the goods subject to retention of title are invalid, particularly security transfer of the title or pledge.

 

(4) If the execution in the assets of the customer is carried out and the goods subject to retention of title are concerned the contractor has to be informed in writing and under detail of all required data (execution organ, reference code) with the enclosure of execution protocols, if necessary.

 

(5) Things which were provided to the customer by the contractor and which were not part of the work performance (e.g. outlines, design drawings, tools etc.), remain in the property of the contractor.

 

9. Place of performance and place of jurisdiction

 

(1) Place of performance is the seat of the branch office of the contractor.

 

(2) As far as the customer is a businessman, a legal entity of the public law or estate in severalty under public law, place of jurisdiction is the seat of the branch office of the contractor.

 

10. Concluding provisions

 

The ineffectiveness of single regulation does not touch the effectiveness of the other regulations. The ineffective determination is valid if replaced by an economically equal determination.

 

All explanations which touch the effectiveness of the contractual relationship must be in writing. A change of the written form requirement requires the written form in turn.

 

11. Information about the Distance Selling Act

 

Due to an existing legal obligation (Distance Selling Act) to inform about sales which take place exclusively by the use of means of distance communication the following is noticed:

 

a) supplier identification

 

The offer mentioned due to the internet address www.werkzeugservice24.de is a product of the company:

 

KILOWERK-Schneidwerkzeugmechnik

prop. Gerhard Pfundt

Hasenheide 9

D-10967 Berlin

Tel. +49(0)30/ 392 000 88

Fax  +49(0)30/ 392 000 90

 

 

b) completion of a contract:

 

The buyer (customer) does without the receipt of a declaration of acceptance (§ 151 1 BGB). After dispatch of the order by click on the corresponding key “send”, “send order” or a similar wording the customer receives an e-mail immediately showing the order. With receipt of this confirmation the order of the customer gets effective, at the latest, however, with receipt of the delivery.

 

c) subject to change of delivery

If an article ordered by the buyer (customer) should be undeliverable for once sometime or is four weeks over the delivery period since confirmation, then the seller (contractor) informs the buyer about the exact delivery date as quickly as possible, alternatively that the delivery cannot be carried out.

 

d) prices and additional costs

 

All mentioned prices are end consumer prices in EURO and already include the legal sales tax. The prices are always valid at the time of the order. For postage and packing a lump-sum price of 8.00 EUR is invoiced. For deliveries outside Germany but within the European Union 15.00 EUR are charged in addition. For deliveries outside the EU the product is sent by package service and against cash on delivery plus a lump-sum price of 3.50 EUR. If the order value is above 150,-- EUR net, the delivery is franco domicile carried out within the Federal Republic of Germany. At consignment within the European Union the consignment costs 8.00 EUR. If the consignment is carried out by cash on delivery, a lump-sum price of 3.50 EUR is invoiced. The contractor has alternatively the right to calculate dispatch and freight including packing costs on basis of actuals. If such a calculation takes place, then the contractor has to inform the customer about it in the order confirmation.

 

e) right of return

 

The seller grants the legal right of return of two weeks without detail of reasons exclusively for legal transactions which an individual person makes for purposes which can be classed with neither their commercial nor her independent occupation. The period starts as of the receipt of the delivery and is observed by mailing the product to the seller (seat of the branch office) in due time. The sales contract gets effective only after expiry of the 14-day period.

 

Excluded from the right to return and objection are articles which the customer has ordered but the seller does not have in stock and services which were obtained on a special customer wish.

 

At return of damaged or faulty goods the seller is authorized to assert claims for compensation opposite the buyer.

The price of the returned product and the postage costs (according to the rates of Deutsche Post AG) are refunded by the seller (contractor) in every case. Costs for other transport operators are not refunded by the seller (contractor). Deliveries not returned with postage paid are not accepted by the seller (contractor) and are returned to the buyer (customer) at his charge. It is special to take care to stamp the shipment sufficiently.

 

f) protection of data privacy

 

The data required for the carrying out of the order are saved and dealt with confidentially under compliance with the regulations of the Federal Data Protection Law. The seller (contractor) reserves, however, for himself to transmit data to other enterprises such as credit enquiry agencies for the purpose of a credit check.