All our deliveries and services are subject exclusively to the following terms and conditions, unless we have made deviating written agreements in individual cases. Verbal collateral agreements require our written confirmation to be effective. Our terms of delivery and payment apply only if the contractual partner is an entrepreneur, a legal entity under public law or a special fund under public law. These terms and conditions then also apply to all future transactions between the contracting parties. Reductions in remuneration result from discount or bonus agreements. Further reductions in remuneration result from our current condition agreements.

2 Prices

The prices are in Euro, excluding sales tax, and are subject to change. Final prices apply only to acceptance of the intended quantity. We reserve the right to increase prices in accordance with incurred cost increases due to material price increases for contracts in which the period between conclusion of the contract and delivery date (delivery period) is more than four months.

3 Delivery

We deliver according to our currently valid delivery conditions with reservation of title until payment of all our claims. Delivery is only to resellers; export of our products is only permitted with our express permission. We only deliver to companies unknown to us against cash on delivery, unless corresponding references are given with the first order. Cases of force majeure, operational disruptions, strike, lockout and boycott, which affect our operations, the buyer’s operations or important sub-suppliers, delayed delivery of raw materials, transport obstacles and other circumstances over which we or the buyer have no control, are in no case our responsibility or the buyer’s responsibility; in such cases, neither we nor the buyer shall be in default of acceptance. If the impediment to performance due to force majeure or due to comparable cases lasts longer than six weeks, both we and the buyer can withdraw from the contract. If we are in default with the delivery, the buyer must set us a reasonable grace period before he can derive rights from the delay in delivery. Small orders are uneconomical. We therefore only execute orders from EUR 80,- invoice value. Subsequent orders to orders already in progress can only be considered at the agreed price if the state of production allows this without additional costs. We reserve the right to choose the shipping route, the shipping method and the suitable packaging material. For invoice amounts from EUR 125,-, delivery is free to any German station, taking into account the usual freight and postage costs. Below EUR 125,- net invoice value we charge a flat rate of EUR 5.00 for freight and handling costs. Additional costs for express freight are at the expense of the recipient. This also applies if we bear the shipping costs. Our invoices are also considered as order confirmations.

4 Complaints

Complaints regarding the number, weight, quality and condition of the goods will only be considered if a written complaint is received by us within one week after receipt of the goods. For the decision as to whether justified objections have been raised against the quality and condition of the goods, the result of an examination to be carried out in our factory after return of the goods is solely decisive. If a written complaint is received by us in due time and is justified, the buyer may withdraw from the contract or claim a reduction to that extent. Further claims of the buyer, in particular for the provision of damages, e.g. due to lost profit or damages that did not occur on the delivery item of the delivery and service itself, are excluded to the extent that our liability is also excluded according to § 5 of our terms of delivery and payment. If the buyer indicates a defect that does not exist according to the seller’s review, and the buyer had knowledge of the non-existence of the defect at the time of the notification or was in error about this due to negligence, the buyer shall compensate the seller for the damage incurred. The buyer is entitled to prove that the indicated defect does exist. Within the scope of the above provisions, the seller is in particular entitled to demand reimbursement from the buyer for the expenses incurred by the seller, for example for the examination of the item or the repair requested by the buyer. If the purchaser intends to further process the goods, he must in any case check them before the start of further processing. He must convince himself whether the goods are suitable for the intended purpose. In accordance with EU Regulation No. 524/2013 and the German Consumer Dispute Resolution Act (VSBG), we inform you that the European Commission has provided a platform for online dispute resolution. The link to the online platform of the European Commission for out-of-court online dispute resolution (ODR platform) is: https://webgate.ec.europa.eu/odr
Our e-mail address is: info@kmp.com

5 Liability

The seller is liable in cases of intent or gross negligence on the part of the seller or a representative or vicarious agent, as well as in the event of injury to life, limb or health in accordance with the statutory provisions. Otherwise, the seller is only liable under the Product Liability Act and for culpable breach of essential contractual obligations. However, the claim for damages for the breach of essential contractual obligations is limited to the contractually typical, foreseeable damage, unless at the same time one of the aforementioned exceptional cases exists. The provisions of the preceding paragraph apply to all claims for damages, regardless of the legal basis, in particular due to defects, the breach of obligations arising from the contractual relationship or from tort. They also apply to the claim for reimbursement of futile expenses. Further provisions of these terms of delivery and payment remain unaffected.

6 Payment

Payment within 10 days after invoice date with 2% discount or 30 days net. If the agreed payment periods are exceeded, the buyer is obliged to pay us default interest at a rate of 8 percentage points above the respective base interest rate (§ 247 BGB) without a special reminder being required. If the buyer is in default with a payment, the seller has the right to demand immediate payment of all open – even not yet due – invoices. Offsetting and assertion of rights of retention against the payment claim are excluded. This does not apply to undisputed or legally established counterclaims of the buyer. If, after conclusion of the contract, a significant deterioration occurs in the financial circumstances of the buyer, which endangers the payment of the purchase price, the seller can demand advance payment of the purchase price.

7 Conclusions

Deals should be completed within the set times. Acceptance is desired in as even installments as possible. Each call-off counts as a transaction in itself. If the buyer is in arrears with the acceptance of the completed quantity, we are also entitled – after setting a reasonable grace period – to cancel the completion and reclaim the granted completion discount on the deliveries made or to claim damages for non-performance. Costs incurred by us for clichés, labels, seals, etc. are then to be paid to us in full.

8 Property rights and designs

In the event that designs produced by us infringe third-party property rights and/or are regarded as violations of competition regulations, we assume no responsibility. The buyer is solely liable for infringements of third-party property rights and for violations of competition regulations that result from the contractual fulfillment of the deliveries and services by us and/or from the use of our deliveries and services by the buyer. The buyer undertakes to indemnify us against claims as a result of such infringements and violations and to compensate for any resulting damage.

9 Retention of title

The goods remain our property until full payment of all claims to which we are entitled from the business relationship. In the case of a current account, the reserved property serves as security for our respective claim balance. During the existence of the retention of title, the buyer is prohibited from pledging or assigning the goods as security. In the event of seizures, confiscation or other dispositions or interventions by third parties, the buyer must notify us immediately in writing. The resale of the delivery item or the new goods is only permitted to resellers in the ordinary course of business. If the buyer sells goods delivered by us unchanged, processed or processed, he hereby assigns to us now until the complete settlement of all our claims the claims against his customers arising from such sales with all ancillary rights. The buyer is authorized to collect such claims, but undertakes to transfer the collected amounts to us immediately. At our request, the buyer is obliged to hand over to us the documents required to assert our rights. If the realizable value of all security rights to which the seller is entitled exceeds the amount of all secured claims by more than 10%, the seller will release a corresponding part of the security rights at the request of the buyer. It is presumed that the conditions of the preceding sentence are met if the estimated value of the securities to which the seller is entitled reaches or exceeds 150% of the value of the secured claims. The seller has the choice in the release between different security rights.

10 Returns

Returns are only possible with our consent. For returned goods, the current value will be credited less the costs for reconditioning and a processing fee of 30%, unless the return is due to a justified complaint.

11 Technical changes

We reserve the right to make changes to the dimensions (width and length) that serve technical progress.

12 Quantity and weight

Delivery is only made in the quantity and packaging units listed in our catalogs. For custom-made products, we have the right to make excess or short deliveries of up to 20%. Dimensions and weights are subject to the usual tolerances in the industry.

13 Data protection

We are entitled to process, store and evaluate the data received in connection with the business relationship.

14 Place of performance and jurisdiction

Place of performance for delivery and payment is Eggenfelden. The exclusive place of jurisdiction for all contractual claims is the seller’s registered office.

15 Final provisions

This contract is governed by German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Should individual provisions of this contract be invalid, the contract remains effective in all other respects.

16 Information obligations

according to §18 para. 2 ElektroG: www.bmu.de/themen/wasser-abfall-boden/abfallwirtschaft/statistiken/elektro-und-elektronikaltgeraete/