Terms and Conditions

§ 1. Formation and content of the contract

The following terms and conditions shall apply exclusively to all of our contractual agreements, including future ones. These General Terms and Conditions apply solely to business entities. Any deviating purchasing conditions of the client are hereby expressly and conclusively rejected. Our offers and price lists are non-binding and subject to our written order confirmation. Assurances, ancillary agreements, and modifications of the contract must be made in writing to be effective. This also applies to any amendment of this written form clause.

§ 2. Prices, Performance, Defects

Unless otherwise agreed in writing, our prices are ex works Fridolfing, excluding packaging and shipping costs. The applicable statutory VAT will be added to the prices. Our sales prices apply to deliveries made within 4 months of the conclusion of the contract. Should our purchase or production costs change significantly after contract conclusion, we shall be entitled to adjust our sales prices accordingly after the expiry of the stated period. Prices for special services will be charged separately. We reserve the right to make design and shape modifications to the goods during the delivery period, provided these do not entail unreasonable changes for the client. All quantity, dimension, and similar specifications are subject to customary commercial tolerances.

§ 3. Delivery / Insurance

Stated delivery times are non-binding unless otherwise agreed in the contract. Delivery times generally apply ex works. They commence on the date of the order confirmation, but not before all details are clarified and, in the case of export, not before an import license is obtained and any agreed letter of credit is opened. Compliance with delivery times presupposes fulfillment of contractual obligations by the client. Changes or additions requested later by the client will appropriately extend the delivery time. If delivery deadlines are not met, the client may only withdraw from the contract after setting a reasonable grace period and its unsuccessful expiry. Claims for damages are only permissible after the grace period and are limited to foreseeable, typical damages; unforeseeable damages are excluded. § 287 sentence 2 BGB remains unaffected. Force majeure entitles us to postpone delivery or withdraw from the contract if not yet fulfilled. Circumstances significantly impeding or preventing delivery (e.g., raw material shortages, operational disruptions) are treated as force majeure. Claims for damages, cover purchases, or substitute deliveries are excluded.

Unless otherwise agreed, delivery is ex works Fridolfing, uninsured. If delivery free to destination is agreed, we may charge the actual or a flat rate cost. We may insure goods against transport damage at the client’s expense. Risk passes to the client from the date of dispatch readiness. In the event of transport damage, the client must promptly initiate an official report; otherwise, claims against carriers or insurers may lapse.

Partial deliveries and partial performance are permitted.

Deliveries are subject to correct and timely self-supply.

§ 4. Place of Performance

The place of performance for both parties and all contractual obligations is Fridolfing.

§ 5. Terms of payment

Invoices below EUR 100.00 are payable immediately without deduction. Invoices of EUR 100.00 or more are payable within 10 days from the invoice date with 2% discount or within 30 days without deduction. Default interest in accordance with standard bank rates applies after due date. Further claims for delay remain unaffected. Bills of exchange or checks are accepted only by express agreement and only on account of payment. Associated fees and charges must be paid upon delivery. Credit is only granted upon receipt of net proceeds. All claims become immediately due if payment terms are breached or if circumstances arise (e.g., bill protest, payment arrears) that may jeopardize the client’s creditworthiness. We may demand advance payment, adequate securities, or withdraw from the contract or claim damages for non-performance. We may prohibit resale or processing of delivered goods and demand their return at the client’s expense. In case of insolvency or composition proceedings, all granted rebates or other benefits are

deemed revoked.

§ 6. Set-off and Retention

The client’s rights of retention are excluded unless based on undisputed or legally established claims. This applies equally to commercial rights of retention. Offsetting with claims that are not undisputed or legally established is excluded.

§ 7. Retention of Title

All goods remain our property until full payment of all claims arising from the business relationship, even if certain claims are settled. In case of contractual breach by the client, especially default, we may reclaim goods, and the client must return them. Costs incurred are borne by the client. If the value of our securities exceeds our claims by more than 20%, we shall release securities at the client’s request. In case of combination or mixing of retained goods with others, we acquire co-ownership proportionate to the value. The client stores such goods for us free of charge. In resale, the client assigns claims to us up to the value of our goods. The client is authorized to collect such claims as long as they fulfill payment obligations. Disposals beyond resale (e.g., pledges) are not permitted. Upon request, the client must provide lists of assigned claims, debtors, amounts, and invoice dates. Costs of collection or intervention are borne by the client. The client must inform us of any third-party access to the goods. We may enter the client’s premises to enforce our rights.

§ 8. Warranty and Liability

Each delivery must be inspected immediately upon arrival with the care of a prudent merchant, even if samples were provided. Defect notices must be in text form within 2 days. We are not liable for damages due to improper use or wear.

Used goods are sold without any warranty.

Unless otherwise provided, the parties are liable in accordance with statutory provisions.

Liability for damages caused intentionally or by gross negligence, or resulting in injury to life, body, or health, is unlimited.

In all other cases, liability is limited to breaches of essential contractual obligations and to foreseeable, typical damages.

Warranty claims expire one year after delivery.

Declarations of withdrawal must be in writing.

§ 9. Non-acceptance

If the client delays acceptance, we may, after a 14-day grace period, demand acceptance of full or partial delivery, withdraw from the contract, or claim damages for non-performance. In the latter case, we may demand 20% of the agreed price as compensation unless the client proves significantly lower damages.

§ 10. Jurisdiction / Governing Law / Language

Jurisdiction, including for bill and check proceedings, lies with the competent courts at our registered office, provided the client is a fully qualified merchant or legal entity under public law or has no general jurisdiction in Germany. Internationally, the courts at our registered office shall have jurisdiction if the client is a business entity. We may also bring proceedings at the client’s place of business. German law applies exclusively, excluding the CISG (UN Sales Law).

In case of multiple language versions, the German version shall prevail.

! IMPORTANT INFORMATION !

Prices are per piece or set (complete handle set), excluding VAT, ex works Fridolfing without packaging and shipping.
For orders of EUR 125.00 net or more, delivery within Germany is free of charge.
For orders under EUR 125.00 net, we charge EUR 10.00 flat for freight and packaging (EUR 14.00 for international orders).
Returns require prior written approval and must be sent free of charge. A handling fee of 25% of the value will be charged. The sender bears shipping risk. Damaged parts, custom-made items, or obsolete products cannot be returned.
Partial deliveries outside this price list must conform to packaging units.
Door handles, escutcheons, and substructures are packed separately as part of the complete set.
All orders are executed exclusively under our terms and conditions. Deviations are not accepted. By placing an order, the client acknowledges our terms.
This price list replaces all previous versions.

We do not accept liability for printing errors. Version: February 2024, scoop Beschläge Produktion GmbH