GTC
1. Scope of application
These General Terms and Conditions (GTC) apply to all offers, deliveries and services provided by Kraut Diamantwerkzeuge GmbH to business customers within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law.
Deliveries to private individuals or consumers are excluded.
Any deviating or supplementary terms and conditions of the customer shall only apply if we have expressly confirmed them in writing.
The German version of these GTC is legally binding. Translations are provided for information purposes only.
2. Conclusion of contract and orders
Our offers are non-binding. A contract shall only be concluded upon our written order confirmation or upon dispatch of the goods.
Orders may be placed in writing, by e-mail, by telephone or via messenger services such as WhatsApp. The customer is responsible for ensuring that all information provided is complete and accurate.
We reserve the right to process orders from new customers or customers outside Germany only against advance payment.
3. Prices and payment
All prices are quoted in euros (EUR) ex works (EXW) Sankt Oswald, in accordance with Incoterms 2020, plus statutory value-added tax.
Shipping costs are charged at cost. No separate packaging fees are applied.
For customers in Germany, Austria and Switzerland, payment is made on account, 30 days net. Early payment discounts may be agreed separately.
For all other countries, delivery is made only against advance payment.
We reserve the right to reject orders with a net order value below EUR 50 or to agree special conditions for such orders.
The goods shall remain our property until all outstanding claims have been paid in full. The customer hereby assigns to us in advance all claims arising from the resale of these goods.
4. Delivery, transfer of risk and partial deliveries
Delivery is made ex works (EXW). The risk of accidental loss or damage passes to the customer upon handover to the carrier, even in the case of carriage-paid delivery or partial deliveries.
Partial deliveries are permitted. Any remaining quantities will be delivered subsequently at no additional cost.
Delivery times are non-binding unless expressly agreed in writing. Events beyond our control, including force majeure, material shortages, supply chain disruptions or official measures, entitle us to postpone delivery or to withdraw from the contract.
5. Special orders
Custom-made products, special drillings and customer-specific items are excluded from return, exchange and warranty to the extent permitted by law.
6. Complaints and claims
The customer must inspect the goods immediately upon receipt. Obvious defects or incorrect deliveries must be reported to us in writing within 10 calendar days.
Claims can only be processed if the delivery note or equivalent documentation is provided.
Unauthorised returns will not be accepted. We reserve the right to charge return shipping and handling costs.
In the case of justified claims, we shall, at our discretion, repair or replace the goods. Further claims are excluded to the extent permitted by law.
7. Liability
Our liability is limited to intent and gross negligence.
In the case of slight negligence, we shall only be liable for the breach of essential contractual obligations, known as cardinal obligations, and only for typical and foreseeable damage.
We accept no liability for indirect damage, loss of profit or consequential damage.
These limitations shall not apply to damage resulting from injury to life, body or health, or where liability is mandatory under the German Product Liability Act.
8. Set-off and rights of retention
The customer may only set off claims or exercise rights of retention if such claims are undisputed or have been finally established by a court of law.
9. Intellectual property, documents and confidentiality
All documents, drawings, samples, trademarks and technical information provided by us shall remain our property.
They may not be reproduced, used or disclosed to third parties without our prior written consent.
Upon our request, they must be returned or destroyed if they are no longer required.
10. Export, sanctions and withdrawal
The customer is obliged to comply with all applicable export, customs and sanctions regulations.
We are entitled to withdraw from the contract if delivery would violate legal provisions or sanctions, or if delivery would expose us to an unreasonable legal risk.
11. Governing law and jurisdiction
These GTC shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction and place of performance shall be Passau, Germany.
For international disputes, we reserve the right to initiate arbitration under the Rules of the International Chamber of Commerce (ICC). The place and language of arbitration shall be determined by us.
12. Severability clause
Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the original provision.
Status: January 2025