GTC
1. Scope of Application
These General Terms and Conditions (GTC) apply to all offers, deliveries and services of Kraut Diamantwerkzeuge GmbH to business customers as defined by Section 14 of the German Civil Code (BGB), legal entities under public law and special public-law funds.
Deliveries to private individuals (consumers) are excluded.
Any deviating or supplementary terms 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 by dispatch of the goods.
Orders may be placed in writing, by e-mail, telephone or messenger services (e.g. WhatsApp). The customer is responsible for ensuring that all information provided is complete and accurate.
We reserve the right to process orders from new or foreign customers 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 price; no separate packaging fees are applied.
For customers in Germany, Austria and Switzerland: payment on account, 30 days net, early payment discounts by agreement.
For all other countries: delivery only against advance payment.
We reserve the right to reject or agree special conditions for orders with a net value below EUR 50.
Until full payment of all outstanding claims has been made, the goods remain our property. The customer hereby assigns to us, in advance, all claims arising from the resale of these goods.
4. Delivery, Transfer of Risk, Partial Deliveries
Delivery is made ex works (EXW). 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 shipments.
Partial deliveries are permitted. Shortages will be delivered subsequently at no additional cost.
Delivery times are non-binding unless expressly agreed in writing. Events beyond our control, such as force majeure, material shortages, supply chain disruptions or official measures, entitle us to postpone delivery or 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 fees.
For justified claims, we will, 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. For slight negligence, we are only liable for the breach of essential contractual obligations (cardinal obligations) and only for the typical, foreseeable damage.
We accept no liability for indirect damages, loss of profit or consequential damages.
These limitations do not apply to damages resulting from injury to life, body or health, or where liability is mandatory under the German Product Liability Act.
8. Set-off and Retention Rights
The customer may only set off or exercise retention rights if their 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 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 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 it poses an unreasonable legal risk to us.
11. Governing Law and Jurisdiction
These GTC are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of jurisdiction and performance is 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 will be determined by us.
12. Severability Clause
Should any provision of these GTC be invalid, the remaining provisions shall remain in effect. The invalid provision shall be replaced by one that most closely reflects the economic intent of the original.
Status: January 2025