General Terms and Conditions
You can rely on us, take our word for it: open, fair, straightforward. And, fundamentally, we only think of terms when it is about the conditions that are key for the properties of our springs. But to create transparency in the complex interaction between “supplying” and “performing”, we also need the General Terms and Conditions that we present to you below:
Important Note!
We do not conclude any contracts with end consumers. Orders can only be placed by companies within the meaning of Article 14 of the German Civil Code (BGB).
Article 1 Inclusion of the General Terms and Conditions
Article 2 Concluding Contracts only with Companies within the Meaning of Article 14 of the German Civil Code (BGB)
Article 3 Quote and Concluding Contracts
Article 4 Prices
Article 5 Shipping
Article 6 Period of Delivery and Performance
Article 7 Guarantee
Article 8 Compensation/Liability Limitation
Article 9 Notice of Defects
Article 10 Payment/Default
Article 11 Retention of Title
Article 12 Patents/Other Third Party Rights
Article 13 Applicable Law, Place of Jurisdiction
Article 14 Severability Clause
Article 1 Inclusion of the General Terms and Conditions
1.1 The deliveries, services and offers from our company are made solely on the basis of these General Terms and Conditions.
1.2 They thus also apply to future business relations, even if they are not once again explicitly agreed.
1.3 These terms shall be deemed to have been accepted at the latest when the goods or services are accepted.
1.4 Confirmations to the contrary by the purchaser, with reference to their own General Business and Purchasing Terms are hereby explicitly contradicted.
1.5 Deviations from these General Terms and Conditions shall only be effective if they are confirmed in writing by our company.
Article 2 Concluding Contracts only with Companies within the Meaning of Article 14 of the German Civil Code (BGB)
2.1 The goods and services offered by Federntechnik Knörzer GmbH shall be offered only to companies within the meaning of Article 14 BGB, and not also to end consumers. The ordering party therefore explicitly confirms by placing their order that they are a company within the meaning of Article 14 BGB.
2.2 The ordering party is required to state all of their company data, including the people entitled to represent it, e.g. managing director, etc. Purchasing staff must state their first name and surname, and, where applicable, the corresponding supplements used in business correspondence. Moreover, the complete address must be stated.
2.3. If, after the contract has come into being, Federntechnik Knörzer GmbH becomes aware that the customer, contrary to their declaration, is not a company within the meaning of Article 14 BGB, it may withdraw from the contract within an appropriate period.
Article 3 Quote and Concluding Contracts
3.1 Our quotes are subject to alteration and are non-binding. Declarations of acceptance and all orders must be legally effective for written or electronic confirmation by our company. The same applies to supplements, amendments or collateral agreements.
3.2 The order is deemed to have been placed only upon its approval by our company. We reserve the right to check the company data for completeness first of all. If the data is not complete or if we need more information, the ordering party is required to supplement this information.
3.3 The product-related information in the online catalogue is non-binding and does not represent a promise of particular properties.
3.4 In the event of typing, printing or calculation errors on the website or in the catalogue, Federntechnik Knörzer GmbH is entitled to withdraw from the contract.
Article 4 Prices
4.1 The net prices stated in our company’s order confirmation, plus the relevant statutory VAT, are decisive.
4.2 Additional deliveries and services will be calculated separately.
4.3 Unless otherwise agreed, the prices are factory prices, plus the costs of packaging and shipping that are standard in the sector.
4.4 For deliveries to first-time customers, customers abroad and customers who have not paid due invoices from our company or for whom we have poor information about their credit-worthiness, we reserve the right to arrange cash on delivery or delivery against advance payment.
Article 5 Shipping
5.1 Loading and shipping is without insurance and at the recipient’s risk. The risk shall be transferred to the purchaser as soon as the consignment has been handed over to the person transporting it or has left the seller’s warehouse for shipping.
5.2 If shipping is impossible without indebting the seller, the risk shall be transferred to the purchaser upon the report of readiness for shipping.
5.3 We shall make every effort to take account of the purchaser’s wishes and interests with respect to the shipping method and route; any resultant additional costs shall be borne by the purchaser.
Article 6 Period of Delivery and Performance
6.1 Delivery dates or periods, which can be agreed to be binding or non-binding, must be agreed in writing.
6.2 Even in the case of agreed binding deadlines and dates, our company shall not be responsible for delays to delivery and services due to force majeure and due to events that make delivery difficult or impossible; in particular, this includes strikes, lock-outs, official instructions, etc., even if they occur at the seller’s suppliers’ or sub-suppliers’ premises.
6.3 They entitle our company to extend the delivery or service by the length of the delay plus an appropriate run-up time or to withdraw from the contract partially or in full due to the part not yet fulfilled.
6.4 If the resulting delays are more than a period of 6 weeks, both parties to the contract are entitled to withdraw from the contract due to the part that has not yet been fulfilled.
6.5 If the delivery time is extended or if we are exempted from our obligation to deliver, the purchaser may not derive any further claims, in particular claims for compensation, from this.
6.6 Delivery is subject to delivery on time. If such circumstances occur, we will notify the purchaser.
6.7 In the event of a late delivery for reasons for which we are not responsible, the purchaser is required to set an appropriate grace period of three weeks to exercise claims according to Article 326 BGB.
6.8 If it becomes clear when manufacturing the item that it is technically not possible to make, we are entitled to withdraw from the contract.
6.9 We reserve the right to withdraw from the contract in the event of conduct by the customer contrary to the contract, in particular submitting false information about credit-worthiness. Equally, if it is not possible to make a delivery for the foreseeable future due to a lack of self-supply.
Article 7 Guarantee
7.1 The guarantee period is one year.
7.2 We guarantee perfect manufacture of the goods supplied by us according to the technical delivery provision for springs. If Federntechnik Knörzer GmbH has to supply goods according to the customer’s samples, drawings, etc., the customer shall accept the risk of suitability for the intended use.
7.3 If the object supplied by us is defective or if it is lacking promised properties, our guarantee is initially limited to remedy or supply of a replacement, subject to our choice.
7.4 If the remedy fails after a reasonable period, the purchaser can demand a reduction in the price or reversal of the contract, as they wish.
7.5 Guarantee claims against our company are the right of the direct purchaser only and may not be assigned.
7.6 Liability for normal wear is excluded.
7.7 Finally, the paragraphs above contain the guarantee for the products and exclude any other guarantee claims. This does not apply to claims for damages arising from promised properties which are intended to protect the purchaser against the risk of consequential damage caused by a defect.
7.8 The customer is required to carefully examine the supplied goods before processing and to complain about any defects without undue delay (Article 377 German Commercial Code). If any defects can be detected in this process, the goods may not be further processed. By the same token, other parts may no longer be processed for as long as defects that are not immediately obvious occur during processing. If the goods are processed in contradiction of this obligation, guarantee and compensation claims are excluded, with the exception of the right of change or reduction.
7.9 The necessary expenses to be repaid to the purchaser in accordance with Article 439II BGB for the purposes of rectification are limited to the transport costs and a total of max. 10 percent of the goods value of the individual delivery, but no more than € 100.00.
The specific expenditure must also be itemised.
Article 8 Compensation/Liability Limitation
8.1 Our obligation to pay compensation, for whatever legal reason, is limited to the risk of harm typical to the contract (usually the invoice value of the quantity of our goods directly involved in the event that caused the damage).
8.2 This does not apply if we have unlimited liability under mandatory legal provisions due to intent or gross negligence.
8.3 Claims for compensation arising from the impossibility of performance, positive breach of obligation, culpability upon conclusion of the contract and unlawful acts are excluded, both against our company and against our vicarious agents, unless there is a case of intent or gross negligence.
8.4 The liability is limited to damage that could typically occur to transactions like the ones we conclude with our customers. Furthermore, liability is excluded, especially for damage that is not foreseeable and to the legally permissible extent for claims for compensation of any kind by the purchaser, provided that an exemption is permitted.
8.5 Otherwise, liability is excluded where legally permitted. Liability under the German Product Liability Act remains unaffected.
8.6 These liability regulations apply accordingly to the managing director and employees of Federntechnik Knörzer GmbH.
Article 9 Notice of Defects
9.1 Complaints due to weight, item quantity, quality of the goods, etc. must be made in writing without undue delay after receipt of the consignment.
9.2 This also applies to deliveries with a destination in another country.
9.3 Returns are accepted only after prior arrangement.
Article 10 Payment
10.1 Unless otherwise agreed, our company’s invoices must be paid 10 days after the invoice date with 2 % discount or 30 days after invoicing without any deductions.
10.2 We shall be entitled, irrespective of any contrary terms and conditions of the purchaser, to assign any payments first of all to any older debts of the purchaser. If costs and interest have already been incurred, we shall be entitled to offset the payment first of all to the costs, then to the interest and finally to the main sum.
10.3 A payment shall be deemed to have been made when we can dispose of the sum. In the case of cheques, the payment shall be deemed to have been made when the cheque is cashed.
10.4 Tool costs must be paid immediately, without any deductions.
10.5 In the event of default, our company shall be entitled to charge default interest in the amount of 8% above the base rate according to Article 277 II BGB.
10.6 Furthermore, we shall be entitled to charge maturity interest according to Article 353 German Commercial Code from the date payment of the invoice was due.
Article 11 Retention of Title
11.1 The sold goods remain our property until payment in full of our invoices from the business relationship with the purchaser.
11.2 The purchaser shall be entitled to use the purchased goods in the proper course of business. However, they shall not be entitled to pledge the goods supplied by us, assign them as collateral, or grant third parties other security rights to them.
If a third party nevertheless acquires rights to the collateral, the customer shall immediately assign all rights to the collateral acquired in this way to Federntechnik Knörzer GmbH. We hereby accept the assignment.
11.3 We shall release the assigned property as soon as its enforceable value permanently exceeds the claim against the customer by more than 20 per cent.
For current invoices, the securities help to secure the total balance claim.
11.4 The reservation of title also covers processing, mixing or combining products made from our goods for their full value, whereby we are deemed to be the manufacturers, but without obligations in this respect for us.
11.5 If third-party ownership rights remain after processing, mixing or combining with goods from those parties, we shall acquire joint ownership in proportion to the invoice value of those goods.
11.6 The purchaser shall assign to us claims arising from selling on to third parties in total or in the amount of our joint ownership share (as above) for security. They shall be empowered to collect them for our account until revocation or until stoppage of its payments to us.
11.7 The purchaser is also not entitled to assign such claims for the purpose of collecting the claims by way of factoring, unless the factoring party undertakes simultaneously to effect the counter-performance in the amount of the portion of our claim directly towards us as long as our claims against the purchaser continue to exist.
11.8 The purchaser must inform us in writing by recorded delivery without undue delay of seizure by a third party of goods or claims belonging to us.
The customer is required to inform us without undue delay if the collateral is pledged or confiscated or disposed of in any other way by a third party.
11.9 Exercising the reservation of title does not represent a withdrawal from the contract.
11.10 The goods and the claims in their place may not be pledged to third parties or assigned as collateral or granted as security before they have been paid for in full.
11.11 If the value of the securities exceeds our claims by more than 20 %, we will release securities of our choice at the request of the purchaser.
Article 12 Patents/Other Third Party Rights
12.1 When using the goods supplied, the protected rights of third parties must be respected.
Article 13 Applicable Law, Place of Jurisdiction, Partial Invalidity
13.1 The law of the Federal Republic of Germany shall apply to these General Terms and Conditions and for the entire legal relationship between the seller and the purchaser. At the same time, uniform international law of sales shall be excluded.
13.2 If the purchaser is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the headquarters of our company (Pfullingen) is the sole place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship.
13.3 The place of jurisdiction for deliveries and payments is Pfullingen.
Article 14 Severability Clause
14.1 If provisions in these General Terms and Conditions or a provision of a contract or a provision included in it in future is entirely or partially not legally effective, or cannot be enforced or subsequently loses its legal effectiveness or enforceability, the validity of the remaining provisions of the contract shall not be affected. The same shall apply if it emerges that the contract contains a loophole.
14.2 Instead of the ineffective of unenforceable provisions, or to close the loophole, an appropriate regulation shall apply that is as close as possible to what was intended, insofar as this is legally possible.