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AGBs

General Terms and Conditions of Delivery of KTX GmbH

  1. General information

1.1 These Terms and Conditions of Delivery apply exclusively to all our deliveries and services. We do not recognize any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing.

1.2 These terms of delivery shall also apply to all future transactions with the customer, even if we do not expressly refer to them again.

1.3 Amendments or supplements to these Terms and Conditions of Delivery require the written confirmation by us. Verbal collateral agreements are not valid.

1.4 Our offers are always subject to change. A contract is only concluded with our written order confirmation or by the delivery of the goods.

 

  1. Prices and terms of payment

2.1 Our prices are quoted in Euro (€) ex works (EXW, Incoterms® 2020)plus the applicable statutory value added tax.

2.2 If no other agreements have been made, our prices valid at the time of the order shall apply.

2.3 Price changes are permissible if, between conclusion of the contract and delivery Significant cost increases in particular due to increased material, energy or labor costs.

2.4 Payment must be made within 30 days net from the invoice date. In the event of late payment, we shall be entitled to charge interest on arrears in the amount of 9 percentage points above the prime rate as well as reminder fees.

2.5 Bills of exchange and checks are only accepted after special agreement and always accepted only on account of performance.

 

  1. Delivery, delivery periods and delay

3.1 Delivery dates are only binding if they have been expressly confirmed by us as binding. binding were confirmed.

3.2 Compliance with our delivery obligation presupposes that the customer submits all necessary documents in good time, issues approvals and fulfills his obligations to cooperate.

3.3 Our delivery obligation is subject to the reservation of correct and timely self-delivery.

3.4 Force majeure or unforeseeable events (e.g. material shortages, strikes, pandemics, official measures) shall extend the delivery periods by the duration of the hindrance.

3.5 If the customer is in default of acceptance of the goods, we may invoice him for the additional costs incurred.

3.6 Partial deliveries are permissible if they are reasonable for the customer.

 

  1. Transfer of risk

4.1 Delivery shall be made FCA (Incoterms® 2020) ex works.

4.2 The risk of accidental loss or deterioration of the goods shall pass to the customer when the goods are handed over to the carrier.

4.3 Transport insurance shall only be taken out at the express request and expense of the customer.

 

  1. Notification of defects and liability for material defects

5.1 The customer must inspect the goods immediately upon receipt. Obvious defects must be within 10 days in writing be reprimanded.

5.2 In the event of justified and timely notification of defects, we shall, at our discretion Rectification or replacement delivery.

5.3 Claims for material defects are time-barred after 12 months from transfer of riskunless longer periods are prescribed by law.

5.4 Claims for defects do not exist for Wearing parts or damagecaused by improper use, installation or maintenance.

 

  1. Retention of title

6.1 We reserve title to the delivered goods until all outstanding claims have been paid in full.

6.2 The customer is entitled to resell the goods in the normal course of business. He hereby assigns the resulting claims to us by way of security.

6.3 The customer must inform us immediately of any access by third parties to the goods subject to retention of title.

 

  1. Liability and compensation

7.1 Our liability is governed by the statutory provisions, but with the following limitations:

  • No liability for slight negligence, except in the case of breach of material contractual obligations.
  • No liability for loss of profit or indirect damage.
  • Liability is limited to the foreseeable damage typical for the contract.
  • Mandatory statutory liabilities, e.g. under the Product Liability Act, remain unaffected.

 

  1. Property rights and confidentiality

8.1 If we manufacture according to drawings, specifications or models of the customer, the customer shall bear the risk that no industrial property rights of third parties are infringed.

8.2 All business and technical information from us must be treated confidentially and may only be made accessible to third parties with our written consent.

 

  1. Export controls and compliance

9.1 The customer is obliged to comply with all national and international export control regulations.

9.2 The Buyer shall procure all necessary export licenses at its own expense.

 

  1. Final provisions

10.1 The place of performance for deliveries and payments is our registered office.

10.2 The place of jurisdiction is the court responsible for our registered office. However, we are entitled to sue the customer at its registered office.

10.3 Only the Law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

10.4 Should any provision of these Terms and Conditions of Delivery be or become invalid, this shall not affect the validity of the remaining provisions.