GENERAL TERMS AND CONDITIONS OF KOLK DESIGN & PRODUCTION GMBH & CO. KG.
Scope of application
The following terms and conditions apply exclusively to all present and future business relations, offers, deliveries and services of KOLK Design & Production GmbH & Co.KG. Deviating, conflicting or supplementary terms and conditions will not become part of the contract.
Offer, offer documents
The offers of KOLK Design & Production GmbH & Co.KG. are subject to confirmation. They are intended exclusively for industry, trade, commerce, service providers and freelancers. By placing an order, the customer confirms the use and application of the goods within the scope of commercial activity.
Customer orders are accepted by dispatch of the goods or by an order confirmation from KOLK Design & Production.
KOLK Design & Production GmbH & Co. KG. KOLK Design & Production GmbH & Co. KG. reserves the property rights and copyrights. The customer requires the express written consent of KOLK Design & Production GmbH & Co.KG before passing them on to third parties.
Delivery time, transfer of risk
Information on the delivery date on the part of KOLK Design & Production GmbH & Co.KG. is to be regarded as non-binding information only. Transactions for delivery by a fixed date must be agreed separately with KOLK Design & Production GmbH & Co.KG. in writing. An agreed delivery period begins on the day the order confirmation is issued. In the event of a delay in delivery, KOLK Design & Production GmbH & Co.KG. must be granted a reasonable period of grace. Damages as well as possible consequential damages due to non-compliance with delivery deadlines cannot be claimed by the customer.
If the failure to deliver within an agreed delivery period is due to force majeure, industrial dispute, fire, illness, breakdown of machinery, lack of necessary raw and auxiliary materials, etc., KOLK Design & Production GmbH & Co.KG. is already in default of delivery when such an event occurs.
In case of a duration of the hindrance of performance in the sense of No. 2 of more than 3 months, the customer is entitled to withdraw from the contract with regard to the delayed delivery.
KOLK Design & Production GmbH & Co.KG. is entitled to deliver at any time, including partial deliveries.
If the customer is in arrears with the acceptance deadlines agreed in the order confirmation, KOLK Design & Production GmbH & Co.KG. is entitled to charge the customer in full for the goods not accepted and, if a reasonable period of grace is not observed, to take the goods into storage or store them elsewhere at the expense and risk of the customer.
Prices and method of payment
All prices are net prices plus the statutory value added tax. Insofar as products made of precious metals are concerned, these are subject to the daily price and shall be invoiced separately.
If the price at the time of the provision of the service has increased due to a change in the market price or due to an increase in the fees charged by third parties involved in the provision of the service, the higher price shall apply. If this is 20% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be asserted immediately after notification of the increased price.
Invoices will be issued according to agreement. KOLK Design & Production GmbH & Co.KG. is also entitled to demand advance payment.
Shipping costs, transport insurance, export formalities – Incoterms 2012: Ex works
Any costs incurred for shipping, transport insurance and export formalities are to be borne by the customer.
Warranty, obligation to give notice of defects
The assertion of warranty claims in the case of companies presupposes that the customer has properly fulfilled his obligation to inspect the goods and give notice of defects in accordance with § 377 of the German Commercial Code (HGB). Warranty claims of the customer due to improper use do not exist. The instructions for use enclosed as an appendix to these General Terms and Conditions shall be decisive for proper handling.
If there is a defect for which the customer is responsible, the customer shall be entitled to a replacement delivery. The customer is obliged to return the defective goods to KOLK Design & Production GmbH & Co KG. If the customer does not fulfil this obligation, all warranty claims against KOLK Design & Production GmbH & Co.KG will be forfeited.
Retention of title
KOLK Design & Production GmbH & Co.KG. retains ownership of the delivered goods until all claims against the customer have been met in full, even if the specific goods have already been paid for.
Liability and limitation of liability
KOLK Design & Production GmbH & Co.KG. is liable in Germany, Austria, and Switzerland only for claims for damages arising from gross negligence or intent. Otherwise, all claims for damages are excluded as far as legally possible.
As far as KOLK Design & Production GmbH & Co.KG. is liable on the merits, the claim for damages will be limited to the actual damage incurred, taking into account the customer’s obligation to mitigate damages. Compensation for indirect damage, consequential damage and loss of profit is excluded.
All claims for damages due to a defect from the handover of the item.
As far as the liability of KOLK Design & Production GmbH & Co.KG. is excluded, this also applies to the case of personal liability for damages of the employees, representatives, and vicarious agents of KOLK Design & Production GmbH & Co.KG.
All illustrations of products may differ in colour from the original. No claims on the part of the customer can be derived from the representations of the products and the corresponding illustrations.
10 Place of performance, choice of law, place of jurisdiction
The place of performance and payment for all claims arising from the contract between the customer and KOLK Design & Production GmbH & Co.KG. is the registered office of KOLK Design & Production GmbH & Co. KG.
The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court responsible for the place of business of KOLK Design & Production GmbH & CO. KG’s place of business.
The law of the Federal Republic of Germany shall apply exclusively. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
Amendments and supplements to the provisions contained in these terms and conditions must be made in writing to be effective.
Should one or more provisions be invalid, this shall not affect the validity of the other provisions.