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Conditions of Use

Conditions of sale and delivery

General terms and conditions for

Private customers
Commercial customers

General Terms and Conditions of KAMATEC GmbH for commercial customers § 1 Scope The following general terms and conditions of sale and delivery ("General Terms and Conditions") apply to all business transactions with our customers, even if they are not expressly mentioned or referred to in future contractual agreements. The inclusion of general terms and conditions of purchase or other general terms and conditions of the customer is hereby expressly rejected. This also applies if the customer refers to his own terms and conditions, even if these contain defensive and/or exclusivity clauses and we do not expressly object to them, regardless of the chronological order in which the competing terms and conditions are referred to by the contractual partners. In the event of an acknowledgment of the customer's general terms and conditions, this is limited to the respective transaction. Our acknowledgment must be in writing. The goods will only be delivered in the versions, packaging units or minimum quantities stated in the current catalog, brochure, advertising or on our website. We reserve the right to make technical changes in the sense of technical progress as well as customary deviations in shape, color and weight, provided that the quality and functionality ordered do not deviate from this. Orders are only binding for us if we confirm them or fulfill them by sending the goods. We are entitled to make partial deliveries and partial services, provided that these are reasonable for the customer. § 2 Conclusion of contract Our offers are subject to change. An order from a customer is a binding offer and must be in writing unless otherwise agreed. We can accept this offer at our discretion within four weeks by sending an order confirmation or by delivering the goods. The scope of delivery is based on our confirmation in writing. This also applies if the service owed by us is to be provided according to the customer's specifications, in particular according to a drawing provided by the customer. Any reference on our part to DIN/ISO standards and other standards is a description of the service and not a guarantee of properties. We are entitled at any time to make all or part of the delivery concurrently with payment of the purchase price or the provision of security in the amount of the outstanding purchase price. For orders from abroad, we reserve the right to only deliver the goods against advance payment. Verbal information and promises on our part are only binding if and to the extent that we confirm them in writing or comply with them by sending the goods and invoice. The statements contained in the order confirmation and/or other documents exchanged between us and the customer regarding the quality of the goods do not constitute a guarantee within the meaning of Section 276 Paragraph 1 of the German Civil Code (BGB) or an independent guarantee. This does not apply if a guarantee is expressly agreed. The order number, customer number and invoice number listed in our order confirmation or invoice should be stated by the customer when settling the invoice and in all communication with us. In the event of a modified declaration of acceptance by the contractual partner, the contractual partner is obliged to expressly point out the changes in content. If no express reference is made, our previous version shall prevail. The modified declaration of acceptance only leads to the conclusion of the contract if we confirm it with a (possibly renewed) order confirmation or comply with it by sending the goods in accordance with the modified order. The customer will provide us with any VAT evidence or information requested by us for foreign and intra-community deliveries without delay and – if requested by us – support this with suitable documentation. We are entitled to retain the goods until the aforementioned evidence or information has been sent to us in full. If we incur a customs, tax or VAT claim due to incorrect information provided by the customer, the customer undertakes to reimburse us this amount within 14 days of being invoiced. The assertion of further damages remains expressly reserved. If we withdraw from the purchase contract due to the unavailability of the goods, we undertake to inform the customer immediately of the unavailability and to reimburse any consideration received from the customer without delay. This provision also applies in the case of claims for subsequent performance. If the ordered goods are not or no longer available, we reserve the right to offer goods of equivalent price and quality before the order is binding.

Binding nature of the order, we reserve the right, in individual cases, to offer goods of equivalent price without limiting the ordered quality and functionality. If the goods are accepted, the same claims for defects, guarantee conditions and claims for damages apply to replacement items. § 3 Long-term and call-off contracts Contracts with an unlimited period of time can be terminated with a notice period of 6 months to the end of the month, unless otherwise agreed. Termination must be in writing. Otherwise, the provisions of long-term and call-off contracts take precedence over these General Terms and Conditions insofar as they do not agree with the provisions of these General Terms and Conditions. Otherwise, these General Terms and Conditions apply in addition. § 4 Prices, price changes Our prices are generally exclusive of statutory value-added tax at the applicable rate and exclusive of freight and packaging costs. Unless otherwise stated in the order confirmation, our prices are ex works. Price changes are permissible if more than four months elapse between conclusion of the contract and the agreed delivery date. If, in the aforementioned case, the prices of raw materials, other material costs, customs duties, taxes or other charges as well as freight increase or are newly introduced before the completion or delivery of the goods, we are entitled to make an appropriate adjustment of the price taking these factors into account. This also applies if a fixed price was agreed. The agreed prices only apply to the respective order. In the absence of other agreements, these prices are not binding for repeat orders. Unless expressly stated otherwise in the catalog, on our website or in advertising, the prices refer to the articles shown in each case according to the description, but not to accessories or decoration. § 5 Terms of payment, offsetting The purchase price or remuneration as well as the charges for ancillary services are to be paid within 8 days of the invoice date, unless other agreements have been made. If partial services are provided, these can also be claimed and made due by means of interim invoices within a single delivery contract. Fulfillment only takes effect when payment is received in our account. When settling an invoice by direct debit, the goods only become the property of the customer when the amount has been collected in full and without the direct debit being revoked. If the customer chooses direct debit, the regulations of the European payment system SEPA apply. The pre-notification period is reduced to five days. Costs incurred due to non-payment or reversal of the direct debit due to insufficient funds in the account or due to incorrect account details provided by the customer are borne by the customer. The customer is entitled to revoke the direct debit authorization for the future at any time. When paying by SEPA core direct debit or SEPA business direct debit, the customer authorizes us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. Cash discounts are only permissible if we grant them and also require that there are no outstanding payments from the entire business relationship. In the event of outstanding payments, advance payment is agreed until the payment is settled in full. We are entitled to initially offset payments against the customer's old debts. If costs and interest have already been incurred, we are entitled to offset payments first against costs, then against interest and finally against the main service. The customer is only entitled to offset our claims with undisputed or legally established counterclaims. If defects are discovered, the customer is only entitled to retain the purchase price to the extent that this seems appropriate in view of the defects. We are entitled to only deliver the goods or provide the service after payment by the customer if the customer has not complied with payment terms agreed for previous services or if there are still arrears in payment from these or the customer's ability to pay is in question. The customer agrees to receive invoices in electronic form (PDF). § 6 Default Unless otherwise agreed in individual cases, the payment deadline is 8 days from invoicing. In the event of default by the customer, we are entitled to charge reminder fees of €15.00 for each reminder letter, as well as interest from the due date at a rate of nine percentage points above the base interest rate. The right to assert further claims for damages remains reserved. In the event of default, we may, after notifying the customer, suspend the fulfillment of our obligations.

cease fulfilling our obligation until payment is received. § 7 Retention of Title All delivered goods remain our property (reserved goods) until all claims have been settled, in particular the respective balance claims to which we are entitled from the delivery relationship. This also applies if payments are expressly made for specific claims. Goods delivered subject to retention of title must be treated with care. The customer is entitled to resell the delivery item in the ordinary course of business as long as he properly fulfils his obligations to us. However, he hereby assigns to us all claims in the amount of the invoice amount including VAT of our claim that arise from the resale of the goods to which we have title, against his customers or third parties, regardless of whether the purchased item was resold without or after processing. We hereby accept the assignment. The customer is authorized to collect this claim after its assignment. Our authority to collect the claim ourselves remains unaffected; however, we undertake not to collect the claim as long as the customer duly meets his payment obligations. The customer is obliged, at our request, to provide us with all information necessary for the collection of these claims and to inform his debtors about the existing assignment of claims. To the extent that the customer is entitled to collect the claim in trust within the scope of the ordinary course of business or remains so with our consent, the collection must be made into a bank account separate from other business accounts and held in trust for us. The customer must take all necessary and reasonable measures to ensure that the third party payment is not made into a different account. The customer is obliged to transfer any amounts received from the assigned claims to us. Upon request, the customer is obliged to provide evidence of the establishment of a trust account for the third-party funds collected by him. The customer’s entitlement to collect the claim expires if we revoke it in writing, if the customer fails to meet their payment obligations from the proceeds received, if an application is made to open insolvency or composition proceedings against the customer’s assets, or if the customer ceases payments. In these cases, we are entitled to collect the assigned claim ourselves. The customer is obliged to provide us with all information necessary for collection and to hand over the associated documents. In this case, the customer is further obliged to inform the debtors of this assignment. If the customer does not immediately pay us any amounts collected from assigned claims, they are obliged to hold them in trust for us free of charge. In the event of a breach of duty by the customer, in particular in the event of default in payment, we are entitled to withdraw from the contract and take back the goods after the expiry of a reasonable period of time set for the customer to perform; the statutory provisions regarding the dispensability of setting a deadline remain unaffected. The customer is obliged to surrender the goods. We are also entitled to withdraw from the contract if an application is made to open insolvency proceedings against the customer. The processing or transformation of the goods by the customer is always carried out on our behalf, without any obligation arising for us. If the delivery items are processed with other items that are not our property, we acquire co-ownership of the new item in proportion to the value of the delivery items to the other processed items at the time of processing. If the delivery items are inseparably mixed with other items that are not our property, we acquire co-ownership of the new item in proportion to the value of the delivery items to the other mixed items. The customer shall hold the co-ownership for us free of charge. The customer may not pledge the delivery items or assign them as security. In the event of attachments, confiscations or other dispositions by third parties, the customer must notify us immediately and provide us with all information and documents necessary to protect our rights. Enforcement officers and third parties must be informed of our ownership. If a warehouse keeper is engaged, our ownership must be indicated before our goods are stored. We undertake to release the securities to which we are entitled at the customer's request, provided their value exceeds the claim to be secured by more than 20%. If the retention of title or the assignment is prohibited by the law applicable to the goods

re is not effective, the security corresponding to the retention of title or the assignment in this area is deemed to have been agreed. If the customer's cooperation is required, he must take all measures required to establish and maintain such rights. § 8 Delivery dates, scope of delivery The agreed delivery periods and dates are not binding unless a fixed date has been agreed in writing. The delivery period begins with the dispatch of the order confirmation, but not before all details of the execution have been clarified and all other requirements to be fulfilled by the customer have been met; the same applies to delivery dates. It is met if readiness for dispatch has been communicated or the delivery item has left the factory before the expiry of the period. The delivery period shall be extended in the event of measures taken as part of industrial disputes, strikes and lockouts, official orders, difficulties in procuring materials, production-related difficulties, rejects and rework, operational disruptions, pandemics, staff shortages and lack of means of transport, as well as in the event of unforeseen obstacles over which we have no influence, in accordance with the duration of these events. This also applies to delays in bindingly agreed deadlines and dates. This also applies if these circumstances occur with subcontractors. For the duration of the aforementioned obstacles, no consequences of default shall arise, even if we are already in default when these circumstances occur. Even if the delivery period is exceeded, the customer remains obliged to accept the goods at the price agreed for the day of delivery. Partial deliveries and services are generally permissible provided they do not unreasonably disadvantage the customer or the customer has excluded such deliveries in writing upon conclusion of the contract. Customer claims for damages and the right to withdraw due to delayed delivery or service or non-delivery or service are excluded unless they are based on gross negligence. They are limited to necessary additional expenses for a covering purchase by the customer. § 9 Shipping, packaging We generally deliver ex works. Goods are always shipped at the customer’s expense and risk, even with freight-free dispatch. Packaging, to the extent that it exists at all, becomes the property of the customer and is charged by us unless mandatory legal provisions to the contrary. Postage and freight costs, as well as packaging expenses, will be invoiced separately. The choice of shipping method is at our reasonable discretion, unless a binding agreement has been reached between the parties. In the event of a return, the customer is obligated to package the goods properly and securely for transport. § 10 Acceptance, transfer of risk The customer is obligated to accept the delivery item and to check it immediately for any defects. If the customer deliberately or grossly negligently fails to collect or accept the delivery item for more than fourteen days from receipt of the notification that it is ready, we are entitled, after setting a grace period of a further fourteen days, to withdraw from the contract and assert claims for damages. Setting a grace period is not required if the customer seriously and definitively refuses acceptance or is clearly unable to pay the purchase price within this time. If the customer notices damage to the packaging upon receipt of the delivery, they should obtain written confirmation of the damage from the transport company upon acceptance of the goods and notify us immediately that acceptance is subject to reservation due to the damaged packaging. The risk is transferred to the customer when the goods are handed over to the carrier, even if we have accepted delivery. § 11 Defects, Warranty The customer is obliged, within the framework of Section 377 of the German Commercial Code (HGB), to inspect the goods for material defects immediately, and at the latest within 7 days of receipt of the goods. He must notify the customer of the defect in writing within a further period of seven days in the case of obvious defects and within seven days in the case of hidden defects after their discovery. Any complaint about defects initially made verbally (by telephone) must be immediately followed up in writing and – where possible – with photographic evidence. Upon delivery of the goods, the customer is obliged to inspect them immediately for completeness and transport damage. If the customer uses, processes or processes the delivered goods, this shall be deemed acceptance of the goods and a final waiver by the customer of any claims for defects or other claims arising from the delivery. Until the complaint has been resolved, the defective goods may not be used without our consent.

The customer is obliged to store the defective goods carefully, to make them available for inspection and to provide us with a sample on request. The customer is not entitled to reimbursement of storage or other costs. We must be given the opportunity to determine the reported defect. Defective goods must be returned to us immediately on request; we will bear the transport costs if the complaint is justified. If the customer fails to comply with these obligations or makes changes to goods that have already been rejected without our consent, they lose any claims for material defects. If special quality conditions have been set or if the goods are sent to a different recipient or abroad on behalf of the customer, they must be inspected and accepted at our factory on behalf of the customer before dispatch. Otherwise, the goods are deemed to have been delivered unconditionally upon dispatch. If the customer wishes us to carry out any necessary inspections, they must inform us of this. The type and extent of the inspections must be agreed upon before the contract is concluded. Over- or under-deliveries due to manufacturing reasons are permissible within a tolerance of 5% of the total order quantity. The total price will change accordingly. Any warranty regarding the suitability of the goods for a specific use is excluded unless the type of use has already been designated by us as intended or has otherwise been expressly agreed between the parties. Rather, with regard to the intended use, the customer bears responsibility for proper design in compliance with any safety regulations, selection of materials and the necessary test procedures, accuracy and completeness of the technical delivery specifications and the technical documents and drawings provided to us, as well as for the execution of any production equipment provided, even if we propose changes that meet with the customer’s approval. We are not liable for material defects resulting from unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, normal wear and tear, faulty or negligent handling, nor for the consequences of improper modifications or repair work carried out by the customer or third parties without our consent. The same applies to defects that only insignificantly reduce the value or suitability of the goods. Furthermore, the customer guarantees that their information does not infringe any intellectual property rights or other rights of third parties. The customer is free to prove to us that they are not at fault for the infringement of third-party rights. To the extent that we are liable to third parties as a result, they will indemnify us against all claims arising from the use of such intellectual property rights and against all expenses that necessarily arise from or in connection with such a claim. We are not entitled to enter into any agreements, including but not limited to settlements, without the consent of the supplier. In the event of defective goods, we will choose to replace the goods or, if possible, rectify the defect. Goods that are the subject of a complaint may only be returned with our consent. Warranty rights are only available to our contractual partners. Assignment is excluded. The customer has the right to a reduction in price or to withdraw from the contract if a reasonable grace period set for us for subsequent performance (remedy of defects, subsequent delivery, procurement of spare parts) with regard to a defect within the meaning of these delivery conditions expires without result through our fault, if subsequent performance fails twice or is no longer reasonable for one of the parties. Reimbursement of costs is excluded if the expenses increase because the goods were taken to another location after our delivery, unless this corresponds to the intended use of the goods. We are liable for damages resulting from injury to life, limb or health that are based on a negligent breach of duty on our part or a willful or negligent breach of duty by a legal representative or vicarious agent, as well as for other damages that are based on a willful or grossly negligent breach of duty on our part or on a willful or grossly negligent breach of duty by a legal representative or vicarious agent, but for any fault in the case of damages that are based on a breach of essential contractual obligations. In this case, however, liability is only assumed for the typically occurring, foreseeable damage. Any further liability for damages, regardless of the legal basis, is excluded. Liability for

Compensation for damages due to the lack of guaranteed properties and under the Product Liability Act. The warranty period for new goods, provided they are used properly, is twelve months from the date the goods are handed over to the customer. For used items, the warranty is excluded. The aforementioned shortening of the warranty period does not apply if a guarantee has been agreed or if mandatory statutory provisions do not permit a limitation of liability (Product Liability Act, intentional conduct or fraudulent intent). Section 12 Total Liability Any liability for damages that goes beyond that provided for in Section 11 is excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages due to lost profits, negligence when concluding the contract, other breaches of duty or tortious claims for compensation for property damage pursuant to Section 823 of the German Civil Code (BGB). The limitation pursuant to paragraph 1 also applies if the customer demands compensation for wasted expenditure instead of performance. Insofar as liability for damages is excluded or limited towards us, this also applies with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents. The statutory provisions regarding the burden of proof remain unaffected. § 13 Samples, tools (including demonstration devices), drawings Samples and tools must be delivered to our factory by the customer, free of packaging and freight, if required. If we manufacture samples and tools required for production based on templates provided by the customer, we claim a share of the manufacturing costs from the customer, which we will communicate during contract negotiations and invoice after approval. Irrespective of the share of manufacturing costs, we remain the owner of the manufactured tools. For the samples and tools handed over to us, we only accept responsibility for proper use and storage. It is the responsibility of the owner to adequately insure samples and tools against fire and water damage as well as against theft. Samples that are kept by us for longer than five years, are not requested back by the customer and have not been used for at least four years become our property without special notification and can be destroyed by us without further notice to the customer. The customer hereby gives his express consent to this. If one contractual partner provides the other with drawings or technical documents about the goods to be delivered or their manufacture or samples, these remain the property of the submitting contractual partner. Each contractual partner will use all documents (this includes samples, models, tools and data) and knowledge that it receives from the business relationship only for the jointly pursued purposes and will keep them secret from third parties with the same care as its own corresponding documents and knowledge if the other contractual partner designates them as confidential or has an obvious interest in keeping them secret. This obligation begins when the documents or knowledge are first received and ends three years after the end of the entire business relationship. The aforementioned obligation, however, does not apply to documents and knowledge that are generally known or that were already known to the contractual partner upon receipt without them being obliged to maintain confidentiality, that are subsequently transmitted by a third party authorized to pass them on, or that are developed by the receiving contractual partner without using documents or knowledge of the other contractual partner that are to be kept secret. § 14 Place of jurisdiction, place of performance All legal relationships between the customer and us, even if the customer has its registered office abroad, are subject exclusively to German law. UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The place of jurisdiction and place of performance for all services arising from the business relationship with us is D-74858 Aglasterhausen. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to agree on a provision that most closely corresponds to the interests of both parties in place of the invalid provision. The same applies in the event of a gap in the regulations. Status: April 2022

General Terms and Conditions of Kamatec GmbH for Private Customers

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§ 1 Scope, General

The following general terms and conditions of sale and delivery ("General Terms and Conditions") apply to all business transactions with our private customers, even if they are not expressly mentioned or referred to in future contractual agreements.

The goods will be delivered exclusively in the versions, packaging units, or minimum quantities specified in the current catalog, brochure, advertisement, or on our website. We reserve the right to make technical changes in the interest of technical progress, as well as customary deviations in shape, color, and weight, provided that the ordered quality and functionality do not deviate. Orders are only binding for us if we confirm them or fulfill them by sending the goods. We are entitled to make partial deliveries and partial services, provided these are reasonable for the customer.

§ 2 Conclusion of Contract

The customer can obtain information about the goods and services offered on our website. These do not constitute an offer. We accept order inquiries by telephone, email, mail, or fax. After placing the order, the customer receives an order confirmation containing all ordered goods or services, as well as the included General Terms and Conditions. The contract language is German.

Our offers are subject to change. An order from a customer is a binding offer and must be made in writing, unless otherwise agreed. We can accept this offer, at our discretion, within four weeks by sending an order confirmation or by delivering the goods.

The scope of delivery is based on our written confirmation. This also applies if the service owed by us is to be provided according to the customer's specifications, in particular according to a drawing provided by the customer. Any reference by us to DIN/ISO standards and other standards constitutes a description of the service and not a guarantee of properties.

We are entitled at any time to make all or part of the delivery concurrently with payment of the purchase price or the provision of security in the amount of the outstanding purchase price. For orders from abroad, we reserve the right to only deliver the goods against advance payment.

Oral information and promises from us are only binding if and to the extent that we confirm them in writing or comply with them by sending the goods and an invoice.

The statements regarding the quality of the goods contained in the order confirmation and/or other documents exchanged between us and the customer do not constitute a guarantee within the meaning of Section 276 (1) of the German Civil Code (BGB) or an independent guarantee. This does not apply if a guarantee is expressly agreed.

The order number, customer number, and invoice number listed in our order confirmation or invoice must be provided by the customer when settling the invoice and in all communication with us.

In the event of a modified declaration of acceptance by the contractual partner, the contractual partner is obligated to expressly point out the changes in content. If no express reference is made, our previous version shall prevail. The modified declaration of acceptance only leads to the conclusion of the contract if we confirm it by means of a (possibly renewed) order confirmation or comply with it by sending the goods in accordance with the modified order.

If we withdraw from the purchase contract due to the unavailability of the goods, we undertake to inform the customer immediately of the unavailability and to promptly refund any consideration received from the customer. This provision also applies to claims for subsequent performance. If the ordered goods are not or no longer available, we also reserve the right to offer goods of equivalent price and quality before the order becomes binding. After the order becomes binding, we reserve the right, in individual cases, to offer goods of equivalent price without limiting the ordered quality and functionality. The same warranty claims, warranty conditions, and claims for damages apply to replacement items upon acceptance of the goods.

§ 3 Right of Withdrawal

Withdrawal Policy

Right of Withdrawal

Customers who are consumers within the meaning of § 13 of the German Civil Code (BGB) have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must contact us,

KAMATEC GmbH
Im Oberen Tal 31, 74858 Aglasterhausen
Tel: +49 6262 92605-0; Fax:

: +49 6262 92605-29;
E-mail: info@kamatec.com

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the enclosed sample withdrawal form for this purpose, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the date on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to

KAMATEC GmbH, Im Oberen Tal 31, 74858 Aglasterhausen

immediately and no later than fourteen days from the date on which you notify us of the cancellation. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.

This also applies to goods that can only be returned by freight forwarder; the costs for this are estimated at a maximum of approximately €85.00.

You are only liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning.

End of Cancellation Policy

§ 4 Prices, Price Changes

Our prices generally include VAT at the applicable rate plus freight and packaging costs.

Unless otherwise stated in the order confirmation, our prices are ex works.

The agreed prices apply only to the respective order. In the absence of other agreements, these prices are not binding for repeat orders.

Unless expressly stated otherwise in the catalog, on our website, or in advertising, the prices refer to the items shown in the respective description, but not to accessories or decoration.

§ 5 Terms of Payment, Offsetting

The purchase price or remuneration, as well as the fees for ancillary services, are due within 8 days of the invoice date, unless otherwise agreed. If partial services are provided, these can also be claimed and made due by means of partial invoices within a single delivery contract.

Performance only occurs upon receipt of payment into our account. When paying by direct debit, the goods only become the property of the customer when the amount has been collected in full and without revocation of the direct debit. If the customer chooses the direct debit method, the regulations of the European payment system SEPA apply. The pre-notification period is reduced to five days. Costs incurred due to non-payment or reversal of the direct debit due to insufficient funds or due to incorrectly submitted account details by the customer are borne by the customer. The customer is entitled to revoke the direct debit authorization for the future at any time. When paying by SEPA core direct debit or SEPA business direct debit, the customer authorizes us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

Cash discounts are only permissible if we grant them and, furthermore, require that there are no outstanding payments from the entire business relationship. In the event of outstanding payments, advance payment is agreed until they are settled in full.

We are entitled to initially offset payments against the customer's existing debts. If costs and interest have already been incurred, we are entitled to offset payments first against costs, then against interest, and finally against the principal payment.

The customer is only entitled to offset our claims with undisputed or legally established counterclaims.

In the event of defects being identified, the customer is only entitled to retain the purchase price to the extent permitted by law.

Considering the defects, we reserve the right to deliver the goods or provide the service only after the customer has paid, provided the customer has not complied with agreed payment terms for previous services, or if there are still outstanding payments from these, or if the customer's ability to pay is in question.

The customer agrees to receive invoices in electronic form (PDF).

§ 6 Default

In the event of default by the customer, we are entitled to demand reminder fees of €15.00 for each reminder letter, as well as interest at a rate of nine percentage points above the base interest rate from the due date. We reserve the right to assert further damages. In the event of default in payment, we may, after notifying the customer, suspend the fulfillment of our obligations until receipt of payment.

§ 7 Retention of Title

All delivered goods remain our property (reserved goods) until all claims, in particular the respective balance claims, to which we are entitled from the delivery relationship have been settled. This also applies if payments are expressly made for specific claims.

Goods delivered subject to retention of title must be handled with care.

§ 8 Delivery Dates, Scope of Delivery

The agreed delivery periods and dates are not binding unless a fixed date has been agreed in writing.

The delivery period begins with the dispatch of the order confirmation, but not before all details of the execution have been clarified and all other requirements to be met by the customer have been met; the same applies to delivery dates. It is met if, by the expiry of the delivery period, readiness for dispatch has been communicated or the delivery item has left the factory.

The delivery period shall be extended in accordance with the duration of such events in the event of industrial disputes, strikes and lockouts, official orders, difficulties in procuring materials, technical production difficulties, rejects and rework, operational disruptions, pandemics, staff shortages and lack of means of transport, as well as in the event of unforeseen obstacles over which we have no control. This also applies to delays in bindingly agreed deadlines and dates. This also applies if these circumstances occur with subcontractors. For the duration of the aforementioned obstacles, no consequences of default shall arise, even if we are already in default when these circumstances occur. Even if the delivery deadline is exceeded, the customer remains obligated to accept the goods at the price agreed for the day of delivery.

Partial deliveries and services are generally permitted, provided they do not unreasonably disadvantage the customer or the customer has excluded such deliveries in writing upon conclusion of the contract.

Customer claims for damages and the right to withdraw due to delayed delivery or service or non-delivery or service are excluded unless they are based on gross negligence. They are limited to the additional expenses required for a covering purchase by the customer.

§ 9 Shipping, Packaging

We generally deliver "ex works." Goods are always shipped at the customer's expense and risk, even with freight-free shipping.

Packaging, if any, remains the property of the customer and is invoiced by us unless mandatory statutory provisions to the contrary apply. Postage and freight costs, as well as packaging fees, will be invoiced separately. The choice of shipping method will be made at our reasonable discretion, unless a binding agreement has been reached between the parties.

In the event of a return, the customer is obligated to package the goods properly and securely for transport.

§ 10 Acceptance, Transfer of Risk

The customer is obligated to accept the delivery item. They are requested to inspect the delivery item immediately for any defects. If the customer notices damage to the packaging upon receipt of the delivery, they should obtain written confirmation of the damage from the carrier upon acceptance of the goods and immediately notify us that acceptance is subject to reservation due to the damaged packaging. Failure to comply with this request does not result in the loss of any claims for defects.

The risk passes to the customer upon handover of the goods to the carrier, even if we have undertaken delivery.

§ 11 Defects, Warranty

We must be given the opportunity to determine the defect complained of. Any goods complained of must be returned to us immediately upon request; we will cover the transport costs if the complaint is justified. If the customer fails to comply with these obligations or makes changes to the goods complained of without our consent, the customer loses the right to claim compensation.

Any claims for material defects are excluded.

If special quality conditions have been stipulated or if the goods are shipped to another recipient or abroad on behalf of the customer, they must be inspected and accepted at our factory prior to shipment on behalf of the customer. Otherwise, the goods are deemed to have been delivered without conditions upon shipment.

If the customer wishes us to carry out necessary inspections, they must inform us. The type and scope of the inspections must be agreed upon prior to the conclusion of the contract.

Over- or under-deliveries due to production-related reasons are permissible within a tolerance of 5% of the total order quantity. The total price will change accordingly.

A warranty regarding the suitability of the goods for a specific use is excluded unless the type of use has already been designated by us as intended or has otherwise been expressly agreed upon between the parties. Rather, the customer is responsible for proper design, taking into account any safety regulations, the selection of materials and the required test procedures, the accuracy and completeness of the technical delivery specifications and the technical documentation and drawings provided to us, as well as for the execution of any manufacturing equipment provided, with regard to the intended use, even if we propose modifications that meet the customer's approval.

We are not liable for material defects resulting from unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, normal wear and tear, faulty or negligent handling, nor for the consequences of improper modifications or repair work carried out by the customer or third parties without our consent. The same applies to defects that only insignificantly reduce the value or suitability of the goods.

In the event of defective goods, we will choose to replace the goods or, if possible, repair them. Defective goods may only be returned with our consent. Warranty rights are available only to our contractual partners. Assignment is excluded.

The customer has the right to a reduction in price or to withdraw from the contract if a reasonable grace period granted to us for subsequent performance (remedy of defects, subsequent delivery, procurement of spare parts) regarding a defect within the meaning of these Terms and Conditions of Delivery expires without result due to our fault, if subsequent performance fails twice, or is no longer reasonable for one of the parties. Reimbursement of costs is excluded to the extent that the expenses increase because the goods were transported to another location after our delivery, unless this corresponds to the intended use of the goods.

We are liable for damages resulting from injury to life, body, or health resulting from a negligent breach of duty on our part or an intentional or negligent breach of duty on the part of a legal representative or vicarious agent, as well as for other damages resulting from an intentional or grossly negligent breach of duty on our part or an intentional or grossly negligent breach of duty on the part of a legal representative or vicarious agent, but also for any fault in the case of damages resulting from a breach of essential contractual obligations. In this case, however, liability is only assumed for the typically occurring, foreseeable damage.

Any further liability for damages, regardless of the legal basis, is excluded. This does not affect liability for damages due to the lack of guaranteed properties or under the Product Liability Act.

The warranty period for new goods, subject to proper use, is 24 months from the date the goods are handed over to the customer. For used goods, the warranty period is 12 months. The aforementioned shortening of the warranty period does not apply if a guarantee has been agreed or if mandatory statutory provisions do not permit a limitation of liability (Product Liability Act, intentional conduct, or fraudulent intent).

Section 12 Total Liability

Any liability for damages beyond that provided for in Section 11 is excluded – regardless of the legal nature of the asserted claim. This applies in particular to claims for damages due to lost profits, negligence in the conclusion of the contract, other breaches of duty, or tortious claims for compensation for property damage pursuant to Section 823 of the German Civil Code (BGB).

The limitation pursuant to paragraph 1 also applies if the customer demands reimbursement of wasted expenses instead of performance.

To the extent that liability for damages is excluded or limited towards us, this also applies with regard to personal liability for damages.

of our employees, workers, staff, representatives, and vicarious agents.

The statutory provisions regarding the burden of proof remain unaffected.

§ 13 Samples, Tools (including demonstration devices), Drawings

Samples and tools must be delivered to our factory by the customer, if necessary, free of packaging and freight.

If we manufacture samples and tools required for production based on templates provided by the customer, we will claim a share of the manufacturing costs from the customer, which we will communicate during contract negotiations and invoice after approval. Regardless of the share of manufacturing costs, we remain the owner of the manufactured tools.

For the samples and tools provided to us, we only assume responsibility for proper use and storage. It is the owner's responsibility to adequately insure samples and tools against fire and water damage, as well as theft.

Samples that are retained by us for more than five years, are not requested back by the customer, and have not been used for at least four years, become our property without special notification and may be destroyed by us without further notice to the customer. The customer hereby expressly consents to this.

If one contracting party provides the other with drawings or technical documentation regarding the goods to be delivered or their production, or samples, these remain the property of the submitting contracting party.

Each contracting party will use all documents (including samples, models, tools, and data) and knowledge obtained from the business relationship only for the jointly pursued purposes and will keep them confidential from third parties with the same care as their own corresponding documents and knowledge if the other contracting party designates them as confidential or has a clear interest in maintaining their confidentiality. This obligation begins upon initial receipt of the documents or knowledge and ends three years after the end of the entire business relationship. The aforementioned obligation, however, does not apply to documents and knowledge that are generally known or that were already known to the contracting party upon receipt without the contracting party being obligated to maintain confidentiality, that are subsequently transmitted by a third party authorized to disclose them, or that are developed by the receiving contracting party without utilizing documents or knowledge of the other contracting party that are to be kept confidential.

§ 14 Final Provisions

German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a provision that most closely reflects the interests of both parties. The same applies in the event of a gap in the regulations.

§ 15 Online Dispute Resolution

Online dispute resolution pursuant to Art. 14 (1) of the ODR Regulation and Section 36 of the VSBG (German Consumer Dispute Resolution Act): The European Commission provides a platform for online dispute resolution (ODR), which you can find at www.ec.europa.eu/consumers/odr/.

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

__________________________________________________________________________

As of: April 2022

Provider identification:

KAMATEC GmbH
Im Oberen Tal 31
74858 Aglasterhausen

Represented by:
Franz Schnitzhofer
Bastian Schnitzhofer

Elena Mühlfeld

Contact:
Phone: +49 6262-92605-0
Fax: +49 6262-92605-29
Email: info@kamatec.com

Registration entry:
Registration court: Mannheim
Registration number: HRB 701700

VAT ID:
VAT ID no.: DE 814 811 135

Cancellation form

To

KAMATEC GmbH

Im Oberen Tal 31

74858 Aglasterhausen

I/we hereby revoke the contract concluded by me/us(*) for the purchase of the following product(s):

Item number:

_________________________________________

Item name:

__________________________________________________________

Ordered on/received on(*): ___________________________

Consumer's first and last name:

_____________________________________________________________

Consumer's address:

______________________________________________________________

Date, signature:

______________________________________________________________

(*) Please delete as appropriate

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