Terms and Conditions

§ 1. Formation and content of the contract

The following terms and conditions apply exclusively to all our contracts, including future contracts. They are acknowledged by the customer at the latest upon acceptance of the delivery. Any deviating terms and conditions of purchase of the customer are hereby expressly and finally rejected. Our offers and price lists are non-binding and subject to our written order confirmation. Assurances, collateral agreements and amendments to the contract must be made in writing to be effective. The same applies to changes to this written form clause.

§ 2. Prices, execution, defects

Unless otherwise agreed in writing, our prices are ex our warehouse in Fridolfing excluding packaging and shipping costs. The applicable sales tax is added to the prices. Our sales prices apply to deliveries made within 4 months of conclusion of the contract. Should our purchase prices and/or manufacturing costs change significantly after conclusion of the contract, we shall be entitled to adjust our sales prices accordingly after expiry of this period. Prices for special services will be charged separately. We reserve the right to make changes to the design and shape of the goods during the delivery period, provided that the goods and their appearance do not undergo any unreasonable changes for the customer as a result. In all other respects, all quantities, dimensions and similar characteristics are subject to the tolerances customary in the trade.

§ 3. Delivery

Our delivery times are ex works. They shall commence on the day the order is placed, but not before all details have been clarified and, in the case of exports, not before any import license that may be required has been obtained and any agreed letter of credit has been opened. In any case, compliance with the delivery time presupposes the fulfillment of the contractual obligations on the part of the customer. Subsequent requests for changes or additions by the customer shall extend the delivery time to a reasonable extent. In the event of non-compliance with delivery dates, the client may only withdraw from the contract if it has set a reasonable grace period and this has expired without success. Instead of rescission, damages may only be claimed after the grace period has expired; the use of unforeseeable damages is excluded. § Section 287 sentence 2 BGB remains unaffected. Events of force majeure entitle us to postpone delivery for a reasonable period of time or to withdraw from the contract insofar as it has not yet been fulfilled. Circumstances (e.g. in the supply of raw materials or in operations) which make delivery considerably more difficult or impossible for us shall be deemed equivalent to force majeure. Claims for damages, covering purchase or subsequent delivery are excluded.

§ 4. Place of fulfillment

The place of performance for both parties is Fridolfing, provided the customer is a registered trader. Unless otherwise agreed, we deliver carriage forward and uninsured ex warehouse Fridolfing. If delivery free place of receipt is agreed, we shall be entitled to invoice the costs incurred effectively or as a lump sum. We can also insure the goods against transportation damage at the customer’s expense. The risk shall pass to the customer from the day on which the goods are ready for shipment. In the event of transport damage, the customer must immediately arrange for a report of the facts to be made to the competent authority, as otherwise any claims against the transport agent and against an insurance company may lapse.

§ 5. Terms of payment

Invoices under EUR 100 are payable immediately without deduction. Invoices over EUR 100 are payable within 10 days of the invoice date with a 2% discount or within 30 days of the invoice date without any deduction. If the due date is exceeded, the usual bank interest on arrears will be charged. We reserve the right to assert further claims for damages caused by default. We shall only accept discountable bills of exchange or checks on the basis of an express agreement and only on account of payment. Expenses and costs are to be paid immediately upon delivery of the bill of exchange or check. Bills of exchange and checks will only be credited after receipt of the net proceeds and only in the amount of the same. All our claims shall become due immediately, irrespective of any payment period or the term of any bills of exchange or other documents accepted, if the terms of payment are not complied with by the customer or if we become aware of other circumstances (e.g. protest of a bill of exchange, payment arrears) which, in our opinion, are likely to reduce the creditworthiness of the customer. We may also demand immediate advance payments and appropriate security for any deliveries or services still outstanding from us or withdraw from the contract or demand compensation for non-performance. Similarly, we may also prohibit the resale and further processing of goods delivered by us and demand that they be returned to us at the customer’s expense. If the customer ceases to make payments, becomes bankrupt or files for composition proceedings, all discounts, bonuses and other possible concessions granted by us shall be deemed not to have been granted.

§ 6. Offsetting and retention

Rights of retention of the client, insofar as they are not based on the same contractual relationship, as well as offsetting against a disputed or not legally established claim are excluded.

§ 7. Retention of title

Until full payment of all our claims arising from the business relationship, all goods delivered by us to the customer shall remain our property, even if the purchase price for specially designated claims has been paid. In the event of breach of contract by the customer, in particular in the event of default in payment, we shall be entitled to take back the goods and the customer shall be obliged to surrender them. The costs arising from the repossession shall be borne by the customer. If the value of the securities held for us exceeds our claims by more than 20%, we shall be obliged to release securities of our choice at the request of the customer. If the goods subject to retention of title are processed, combined, mixed or blended with other goods not belonging to us, we shall be entitled to the resulting co-ownership share in the new item in the ratio of the value of our goods subject to retention of title to the other processed goods at the time of processing, combining, mixing or blending. If the customer acquires sole ownership of the new item, he shall grant us co-ownership of the new item in proportion to the value of our goods subject to retention of title and shall store them for us free of charge. If the goods subject to retention of title are resold together with other goods, irrespective of their condition, the assignment of title agreed above shall only apply to the value of the goods subject to retention of title which, together with the other goods, are the subject of the delivery transaction. The customer may only resell the goods delivered by us and the items resulting from the processing in the ordinary course of business. The customer hereby assigns to us any claims arising from the resale or for any other legal reason as security for our claims. The customer is authorized to collect the assigned claims as long as he meets his payment obligations to us in accordance with the contract. The customer shall not be entitled to dispose of the goods subject to retention of title in any other way (e.g. pledging, assignment as security). At our request, the customer shall be obliged to provide information on all claims assigned in accordance with this clause, in particular to provide a list of the debtors with their names and addresses, the amount of the claim and the date of issue of the invoice. All costs of collection and any interventions shall be borne by the client. The customer must inform us immediately of any seizure or other interference by third parties. We have the right to enter the client’s premises as the immediate possessor of the reserved goods.

§ 8. Warranty and liability

The goods must be inspected with the care of a prudent businessman immediately upon arrival at the destination, even if samples were sent. Obvious defects must be reported to us in writing within 8 days of delivery, otherwise the delivery shall be deemed approved. Non-obvious defects must be reported to us in writing within 8 days of their discovery. We shall not be liable for damage caused by improper use or wear and tear. Any repair work or other interventions carried out by the customer or third parties without our consent shall exclude any warranty on our part. In the event of a defect, the customer may demand rectification of the defect or, alternatively, a replacement delivery. Replaced parts shall become our property. We are entitled to make the repair or replacement delivery dependent on an appropriate partial payment, taking into account the defect. If the repair or replacement delivery fails, the customer may demand a reduction in payment or rescission of the contract. The client must give us a reasonable amount of time and opportunity to carry out the rectification or replacement delivery. If this is not done, our warranty obligation shall lapse. We shall only be liable for damage to the delivery item. Claims against us and our vicarious agents or assistants for other damages incurred by the client or a third party, in particular also those arising from positive breach of contract. Claims based on negligence at the time of conclusion of the contract and negligent tort are excluded to the extent permitted by law.

§ 9. Non-acceptance

If the client is in default of acceptance, we shall be entitled to demand either acceptance of all or part of the order or withdrawal from the contract or compensation for non-performance after the fruitless expiry of a grace period of 14 days. In the latter case, we are entitled to demand 20% of the agreed price as compensation without further proof, unless the client proves that we have only suffered a significantly lower loss.

§ 10. Place of jurisdiction

The place of jurisdiction shall also be Traunstein for bill of exchange and cheque proceedings, insofar as the client is a registered trader, a legal entity under public law or the holder of a special fund under public law or has no general place of jurisdiction in Germany. In all cases, we are also entitled, at our discretion, to take legal action against the customer at the customer’s place of business. German law shall apply exclusively.

! IMPORTANT !

The prices are per piece or per set (complete lever handle set), excluding VAT, from our warehouse in Fridolfing without packaging and shipping costs.
From a single order value of EUR 125,- net we deliver free of charge within Germany.
We charge a flat-rate freight and packaging fee of EUR 10.00 for individual orders under EUR 125.00 net. (abroad EUR 14,-)
Return of goods / goodwill returns: Returns can only be accepted after prior written approval and free domicile. To cover our costs, we charge 25% of the value of the goods as a handling fee. Shipment is at the risk of the sender. Damaged parts, custom-made products or items that are no longer in the current sales range cannot be returned.
Individual part deliveries outside this price list are generally possible in packaging units.
Door handles, rosettes and substructures are loose and are each packed as a complete set.
All orders shall be executed exclusively on the basis of our terms of delivery and payment. Deviating specifications will not be accepted. By placing an order, the customer recognizes our terms of delivery and payment.
This price list replaces all previous price lists.

We accept no liability for any printing errors. Status: January 2025,

Qolibri GmbH