Terms and Conditions

§ 1 Scope

These Terms and Conditions apply to all business relationships between BATROSAL GmbH and its customers. Customers within the meaning of these Terms and Conditions are exclusively entrepreneurs pursuant to Section 14 BGB (B2B business).

Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing.

Provider

BATROSAL GmbH

Address

Am Wolfspfädchen 45, 53859 Niederkassel, Deutschland

Commercial register

HRB 19050, Amtsgericht Siegburg

VAT ID

DE458520166

E-mail

[email protected]

§ 2 Conclusion of contract

Our offers are subject to change and non-binding unless expressly marked as binding. Customer orders constitute a binding contractual offer. The contract is concluded by our written order confirmation or by delivery of the goods.

Unless otherwise stated, offers are valid for 30 days from the offer date.

§ 3 Prices and payment terms

All prices are net prices plus statutory VAT unless expressly stated otherwise. Shipping costs are shown separately.

Unless otherwise agreed in writing, payments are due within 14 days from the invoice date without deduction. In the event of late payment, we are entitled to charge default interest pursuant to Section 288 (2) BGB (9 percentage points above the base interest rate).

§ 4 Delivery and delivery times

Delivery dates are non-binding estimates unless expressly designated as binding. Partial deliveries are permitted provided they are reasonable for the customer.

Delivery is ex works (EXW according to Incoterms 2020) unless otherwise agreed in writing. Risk passes to the customer when the goods are handed over to the forwarding agent or carrier.

Force majeure, industrial action and other unforeseeable events entitle us to postpone delivery for the duration of the impediment plus a reasonable restart period.

§ 5 Retention of title

The delivered goods remain our property until all claims arising from the business relationship have been paid in full (reserved goods).

The customer is entitled to process or resell the reserved goods in the ordinary course of business. However, the customer hereby assigns to us all claims in the amount of the invoice value arising from resale against a third party. We accept this assignment.

§ 6 Notice of defects and warranty

The customer must inspect the goods for defects immediately after receipt. Obvious defects must be reported in writing within 7 working days after receipt of the goods. In the case of hidden defects, the complaint period begins when the defect is discovered.

In the event of a justified defect complaint, we shall, at our discretion, provide repair or replacement delivery. If subsequent performance fails, the customer may choose to reduce the price or withdraw from the contract.

The warranty period is 12 months from the transfer of risk unless a longer period is mandatory by law.

§ 7 Limitation of liability

We are liable without limitation only in cases of intent and gross negligence and in the event of injury to life, body or health. In cases of slight negligence, we are liable only for breaches of material contractual obligations (cardinal obligations) and only for foreseeable damage typical of the contract.

Liability for indirect damage, lost profit or consequential damage is excluded to the extent permitted by law.

§ 8 Place of jurisdiction and applicable law

The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from or in connection with this contract is Siegburg, Germany, to the extent legally permissible.

§ 9 Severability clause

Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.