General Terms and Conditions of Sale and Delivery (GTCS), for contracts outside the WebShop

1. Scope, Form

1.1

These General Terms and Conditions of Sale and Delivery (hereinafter “GTC”) apply only if the purchaser is an entrepreneur (Section 14 of the German Civil Code (BGB)), a legal entity under public law, or a special fund under public law. The Supplier does not deliver to Purchasers who are consumers within the meaning of § 13 BGB. These are natural persons who enter into legal transactions for purposes that are predominantly neither attributable to their commercial nor to their self-employed professional activities.

1.2

The GCS apply in particular to contracts for the sale and/or delivery of movable goods (hereinafter: “Goods”), regardless of whether the Supplier manufactures the Goods itself or purchases them from suppliers (Sections 433, 650 BGB) . Unless otherwise agreed, the GTC in the version valid at the time of the Customer’s order or, in any case, in the version last communicated to the Customer in writing shall apply as a framework agreement also for similar future contracts, without the Supplier having to refer to them again in each individual case.

1.3

The GTC are binding and apply exclusively provided they are declared applicable in an offer or in the order confirmation. Any deviating, conflicting, or supplementary general terms and conditions of the Purchaser shall only be valid to the extent that they have been expressly accepted in writing by the Supplier.

1.4

Individual agreements (e.g., framework supply contracts, quality assurance agreements) and information contained in the Supplier’s order confirmations take precedence over these GTC. In case of doubt, trade terms shall be interpreted in accordance with the Incoterms® published by the International Chamber of Commerce in Paris (ICC) in the version valid at the time of contract conclusion.

1.5

All agreements and legally relevant declarations by the contracting parties must be made in writing. “In writing” within the meaning of these GTC includes written and text form (e.g., letter, email, fax). Statutory formal requirements and further evidence, particularly in cases of doubt regarding the legitimacy of the declarant, remain unaffected.

1.6

References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions therefore apply insofar as they are not directly amended or expressly excluded in these GTC.

2. Offers and Order Placement

2.1

The Supplier’s offers, including the presentation and promotion of goods in the Supplier’s online store, are subject to change and non-binding and do not constitute a binding offer to conclude a purchase contract. This also applies if the Supplier has provided the Purchaser with catalogs, technical documentation (e.g., drawings, plans, calculations, cost estimates, references to DIN standards), other product descriptions, or documents—including in electronic form—to which the Supplier reserves its ownership and copyright.

2.2

The order signed by the buyer constitutes a binding offer to enter into a contract. The contract is deemed accepted when the supplier, upon receipt of an order, has confirmed its acceptance in writing (e.g., by means of an order confirmation) or has conclusively declared acceptance by delivering the goods to the buyer.

2.3

By submitting an order via the online shop by clicking the “Place order with obligation to pay” button, the customer places a legally binding order.

2.4

The customer will immediately receive an email from the supplier confirming receipt of the order via the online shop. This confirmation of receipt does not yet constitute acceptance of the offer, unless acceptance is expressly stated in the email.

2.5

Orders for delivery are only possible for the countries listed here:

Belgium, Denmark, Germany, France, Great Britain, Italy, Luxembourg, the Netherlands, Austria, Poland, Sweden, Spain, Hungary, Switzerland.

 

2.6

Payment for an order must be made via PayPal or by prepayment upon receipt of the order confirmation. Payment on account is only available to registered customers with an active account.

2.7

The supplier holds the copyrights to all images, videos, and texts published in the online store, in print media (e.g., catalogs), or on social media. Use of this content is not permitted without the supplier’s express consent.

2.8

Since the customer is exclusively a business entity within the meaning of § 14 BGB, there is no statutory right of withdrawal—

3. Scope of Delivery

3.1

The order confirmation is decisive for the scope and execution of the delivery and services. Materials or services not included therein will be billed separately.

3.2

Any changes or additions to the agreed scope of services by the Customer require the Supplier’s written consent. The Supplier shall immediately inform the Customer of the implications of such a change (e.g., timeframe, additional costs, etc.). Changes made by the Customer without the Supplier’s prior consent are not binding on the Supplier. In this case, the Customer shall bear all resulting additional costs as well as any delivery delays.

3.3

Partial delivery is permitted provided that it does not place an unreasonable burden on the Customer.

3.4

We reserve the right to make technical changes to the products provided that they do not constitute a deterioration of the agreed performance.

4. Delivery Period / Delay in Delivery / Obstacles to Delivery

4.1

The delivery period begins upon the Supplier’s acceptance of the order and after all technical issues have been fully resolved. The delivery period is deemed met if, by its expiration, the delivery has left the factory or the Purchaser has been notified that the goods are ready for shipment.

4.2

If, for reasons beyond the Supplier’s control, the Supplier does not receive deliveries or services from its sub-suppliers or subcontractors despite proper congruent procurement—i.e., despite a contractual agreement with the subcontractor prior to concluding the contract with the Purchaser—in accordance with the quantity, quality, and performance period, the Supplier fails to receive such deliveries or services from its subcontractors or suppliers—despite proper congruent coverage, i.e., despite a contractual agreement with the subcontractor prior to the conclusion of the contract with the Customer—or if events of force majeure occur, i.e., obstacles to performance for which the Supplier is not at fault and which last for more than 14 calendar days, the Supplier shall inform the Customer in writing in a timely manner and simultaneously notify the Customer of the expected new delivery period. In this case, the Supplier is entitled to postpone the delivery or service for the duration of the hindrance or to withdraw from the contract in whole or in part with respect to the unfulfilled portion, provided that the Supplier has fulfilled its aforementioned duty to inform and the Supplier is not obligated to procure the goods or services in the specific case; the Supplier shall immediately refund any consideration already paid by the Purchaser. Cases of force majeure include, in particular, or are equivalent to: war, civil war, acts of terrorism, natural disasters, currency and trade restrictions, embargoes, sanctions, pandemics, strikes, lockouts, government and official interventions, energy and raw material shortages, transport bottlenecks through no fault of the supplier, operational disruptions through no fault of the supplier (e.g., due to fire, water damage, or machinery damage), and all other disruptions that, viewed objectively, were not culpably caused by the supplier.

4.3

If the Purchaser is in default of acceptance, fails to provide cooperation, or if the Supplier’s delivery is delayed for other reasons attributable to the Purchaser, or if shipment is delayed at the Purchaser’s request, the Supplier reserves the right to charge the Purchaser for the costs incurred by storing the goods, beginning with the delivery period or—in the absence of a delivery period – from the notification that the goods are ready for shipment. The right to prove higher damages as well as the Supplier’s statutory claims (in particular reimbursement of additional expenses, reasonable compensation, termination) remains unaffected; however, the lump sum shall be offset against any further monetary claims. The purchaser is entitled to prove that the supplier has incurred no damage at all or only significantly less damage than the aforementioned flat rate.

4.4

The occurrence of a delay in delivery is determined in accordance with statutory provisions. In any case, however, a reminder from the purchaser is required.

5. Delivery, Transfer of Risk, Transport, and Insurance

5.1

Delivery is ex works (ICC Incoterms® 2020), which is also the place of performance for the delivery and any subsequent performance. At the purchaser’s request and expense, the goods will be shipped to a different destination (sale with shipping). Unless otherwise agreed, the supplier is entitled to determine the method of shipment (in particular the carrier, route, and packaging) at its own discretion.

5.2

The products will be carefully packaged by the supplier. The packaging will be charged to the purchaser at cost. Special requests regarding shipping and insurance must be communicated to the supplier in a timely manner. The risk of accidental loss and accidental deterioration of the goods passes to the purchaser no later than upon handover, even if partial deliveries are made or the supplier has undertaken other services, e.g., assumption of shipping costs, delivery, or assembly. In the case of sale by delivery to a place other than the place of performance, however, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, passes to the buyer upon delivery of the goods to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If shipment is delayed due to circumstances for which the purchaser is responsible, the risk shall pass to the purchaser on the day of notification that the goods are ready for shipment. Complaints regarding transport must be directed by the purchaser to the last carrier immediately upon receipt of the delivery or the shipping documents.

5.3

Insurance against damage of any kind is the responsibility of the buyer. Even if it is to be taken out by the supplier, it shall be at the buyer’s expense.

6. Inspection and Acceptance of the Delivery

6.1

The buyer must inspect the delivery immediately upon receipt of the shipment. If a defect is found, it must be reported to the supplier immediately and in specific terms.

6.2

The notice period is one week from the date the delivery is received by the purchaser; the date the written notice is received by the supplier is decisive. If the defect becomes apparent only later, the notice must be given in writing immediately upon discovery of the defect. If the purchaser fails to conduct a proper inspection and/or give notice of defects, the supplier’s liability for the unreported defect is excluded.

6.3

The purchaser’s warranty rights shall lapse to the extent that the purchaser fails to fulfill its obligations under Sections 6.1 and 6.2.

6.4

The purchaser must return the goods subject to complaint to the supplier in the original or equivalent proper packaging, freight prepaid and at the purchaser’s risk.

7. Prices and Installation Costs

7.1

Unless otherwise agreed in individual cases, the Supplier’s prices current at the time of contract conclusion shall apply, ex works, plus statutory sales tax (excluding packaging, transport, insurance, assembly, installation, and commissioning).

7.2

After the conclusion of the contract, the Supplier is entitled, at its reasonable discretion, to adjust the prices to be paid by the Purchaser under the respective contract in line with changes in the costs relevant to the price calculation. A price increase may be considered and a price reduction must be granted if, for example, the costs of procuring energy or raw materials increase or decrease, or if other changes in the energy industry or legal framework lead to a changed cost situation and the Supplier is not responsible for such changes. Increases in a particular cost category, e.g., the costs of purchasing electricity and gas, may only be used to justify a price increase to the extent that they are not offset by any declining costs in other areas, such as the procurement costs of raw materials. In the event of cost reductions, e.g., in the procurement costs of energy, the supplier shall reduce prices to the extent that these cost reductions are not fully or partially offset by increases in other areas. The supplier shall, in exercising its reasonable discretion, select the respective dates for a price change in such a way that cost reductions are not taken into account according to standards less favorable to the purchaser than cost increases; that is, cost reductions shall affect prices to at least the same extent as cost increases.

7.3

In the case of sale by delivery (Section 5.1 of these GTC), the Purchaser shall bear the transportation costs ex works and the costs of any transportation insurance requested by the Purchaser. Any customs duties, fees, taxes, and other public charges shall be borne by the Purchaser.

7.4

Installation costs will be invoiced separately. Any necessary tools and assistants must be made available to the Supplier’s installers free of charge. If a cost estimate is provided, the Supplier assumes no liability for the prices quoted in the estimate.

8. Terms of Payment

8.1

Unless otherwise agreed in individual cases, the purchase price is due and payable immediately upon invoicing and delivery or acceptance of the goods to the bank account details provided to the buyer. However, the supplier is entitled at any time, even within the context of an ongoing business relationship, to make a delivery in whole or in part only against advance payment. The supplier shall declare a corresponding reservation no later than upon order confirmation.

8.2

Payments must be made without deduction of any expenses, taxes, or fees of any kind.

8.3

In the event of a delay in payment by the Purchaser, the Supplier reserves the right, in addition to its statutory claims, to immediately suspend planned deliveries and to amend the terms of payment.

8.4

The Purchaser shall only be entitled to set-off or retention rights to the extent that its claim has been legally established or is undisputed.

8.5

If, after the conclusion of the contract, it becomes apparent (for example, through a petition to open insolvency proceedings) that the Supplier’s claim to the purchase price is jeopardized by the Purchaser’s inability to pay, the Supplier is entitled, in accordance with statutory provisions, to refuse performance and—if necessary, after setting a deadline—to withdraw from the contract (Section 321 of the German Civil Code (BGB)). In the case of contracts for the manufacture of non-fungible goods (custom-made items), the Supplier may declare withdrawal immediately; the statutory provisions regarding the dispensability of setting a deadline remain unaffected.

9. Retention of Title

9.1

The Supplier retains title to the goods sold until all of its current and future claims arising from the purchase contract and an ongoing business relationship (secured claims) have been paid in full. This retention of title secures all claims that the supplier may acquire against the purchaser in connection with the delivery, e.g., due to repairs, installation, delivery of spare parts, or other services, even subsequently.

9.2

The goods subject to retention of title may neither be pledged to third parties nor transferred as security prior to full payment of the secured claims. The purchaser must immediately notify the supplier in writing if an application for the opening of insolvency proceedings is filed or if third parties (e.g., through attachments) seize the goods belonging to the supplier.

9.3

During the term of the retention of title, the purchaser is obligated to take the measures necessary to protect the supplier’s property and to notify the supplier immediately in the event of damage. Furthermore, the purchaser must repair any damage at its own expense in a proper and professional manner.

9.4

In the event of conduct by the purchaser in breach of contract, in particular failure to pay the purchase price due, the supplier is entitled, in accordance with statutory provisions, to withdraw from the contract and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not simultaneously constitute a declaration of withdrawal. Rather, the Supplier is entitled merely to demand the return of the goods and to reserve the right to withdraw from the contract. If the Purchaser fails to pay the purchase price due, the Supplier may only assert these rights if the Supplier has previously set the Purchaser a reasonable deadline for payment without success or if setting such a deadline is dispensable under statutory provisions.

9.5

Unless revoked in accordance with section c), the buyer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply in addition.

  • The retention of title extends to the products created through processing, mixing, or combining the Supplier’s goods to their full value, whereby the Supplier is deemed the manufacturer. If, in the event of processing, mixing, or combining with third-party goods, the third party’s right of ownership remains in effect, the Supplier acquires co-ownership in proportion to the invoice values of the processed, mixed, or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under retention of title.
  • The purchaser hereby assigns to the supplier, as security, all claims against third parties arising from the resale of the goods or the product, either in full or in the amount of the supplier’s share of co-ownership pursuant to the preceding paragraph. The supplier accepts the assignment. The purchaser’s obligations set forth in Section 9.2 also apply with respect to the assigned claims.
  • The Purchaser remains authorized to collect the claim alongside the Supplier. The Supplier undertakes not to collect the claim as long as the Purchaser meets its payment obligations to the Supplier, there is no impairment of its ability to pay, and the Supplier does not assert the retention of title by exercising a right pursuant to Section 9.4. If this is the case, however, the Supplier may demand that the Purchaser disclose the assigned claims and their debtors to the Supplier, provide all information necessary for collection, hand over the relevant documents, and notify the debtors (third parties) of the assignment. Furthermore, in this case, the Supplier is entitled to revoke the Purchaser’s authority to further sell and process the goods subject to retention of title.
  • If the realizable value of the security exceeds the Supplier’s claims by more than 10%, the Supplier shall, at the Purchaser’s request, release security at the Supplier’s discretion.

9.6

The purchaser, for its part, undertakes to retain title to the purchased item if its customer does not pay in full by the time of delivery of the goods at the latest.

10. Warranty and Claims for Defects

10.1

The Supplier warrants that the products delivered by it are free from manufacturing and material defects. The statutory provisions shall apply to the Purchaser’s rights in the event of material defects and defects of title (including incorrect or short deliveries as well as improper assembly/installation or defective instructions), unless otherwise specified below.

10.2

The basis for liability for defects is primarily the agreement regarding the quality and intended use of the goods (including accessories and instructions). Product descriptions designated as such, which were provided to the Purchaser prior to their order or incorporated into the contract in the same manner as these GTC, shall be deemed the agreement regarding the quality of the goods. Guaranteed characteristics are only those expressly designated as such in the order confirmation or instructions for use. The guarantee shall apply at the latest until the expiration of the warranty period. To the extent that the quality has not been agreed upon, the determination of whether a defect exists shall be made in accordance with statutory provisions (Section 434(3) of the German Civil Code (BGB)). Public statements made by the Supplier or on its behalf, in particular in advertising or on the product label, take precedence over statements made by other third parties.

10.3

For goods containing digital elements or other digital content, the Supplier is obligated to provide and, if applicable, update the digital content only to the extent that this is expressly stipulated in a quality agreement pursuant to Section 10.2. The Supplier assumes no liability for public statements made by the manufacturer of the digital elements or content or by other third parties.

10.4

The Supplier shall generally not be liable for defects of which the Purchaser is aware at the time of conclusion of the contract or of which the Purchaser is unaware due to gross negligence (Section 442 of the German Civil Code (BGB)). Furthermore, the Purchaser’s claims for defects presuppose that the Purchaser has fulfilled its statutory obligations to inspect and give notice of defects (Sections 377, 381 of the German Commercial Code (HGB)). If the Purchaser fails to conduct a proper inspection and/or report defects, the Supplier’s liability for defects not reported, or not reported in a timely or proper manner, is excluded in accordance with statutory provisions. In the case of goods intended for installation, fitting, or assembly, this also applies if the defect only became apparent after the relevant processing as a result of a breach of one of these obligations; in this case, in particular, the purchaser shall have no claim for reimbursement of corresponding costs (“removal and installation costs”).

10.5

In the event of material defects, the supplier shall be entitled, at its discretion, to subsequent performance by remedying the defect (repair) or by providing a replacement delivery. The supplier shall be granted a reasonable period of at least 20 working days for repair. To the extent this is reasonable for the purchaser, the supplier is entitled to make several attempts at repair. In the event of a replacement delivery, the purchaser must return the defective item to the supplier upon the supplier’s request in accordance with statutory provisions; however, the purchaser has no right of return. Subsequent performance shall not include the removal, dismantling, or uninstallation of the defective item, nor the installation, fitting, or mounting of a defect-free item, if the Supplier was not originally obligated to perform these services; the Purchaser’s claims for reimbursement of corresponding costs (“removal and installation costs”) remain unaffected. If the type of subsequent performance chosen by the supplier is unreasonable for the purchaser in a specific case, the purchaser may reject it. The supplier’s right to refuse subsequent performance under the statutory conditions remains unaffected.

The above provisions also apply to the extent that the supplier has undertaken to perform work services for the purchaser within the meaning of § 631 et seq. BGB.

10.6

The expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor, and material costs, as well as any removal and installation costs, shall be borne or reimbursed by the Supplier in accordance with statutory provisions and these GTC if a defect actually exists. Otherwise, the Supplier may demand reimbursement from the Purchaser for the costs incurred as a result of the unjustified request for rectification of the defect if the Purchaser knew or, through negligence, failed to know that no defect actually existed.

10.7

If the Purchaser elects to rescind the contract due to a defect following failed subsequent performance, the Purchaser shall not be entitled to any additional claim for damages arising from the defect. Section 325 of the German Civil Code (BGB) is hereby excluded in this respect. However, there is no right of rescission in the case of a minor defect.

10.8

The warranty shall expire prematurely if the purchaser or third parties make improper modifications or repairs, fail to follow the supplier’s operating or maintenance instructions, or if, in the event of a defect, the purchaser fails to immediately take all appropriate measures to mitigate damage and give the supplier the opportunity to remedy the defect.

10.9

The warranty period is one year from delivery of the item.

All cases of breach of contract and their legal consequences, as well as all claims by the purchaser, regardless of the legal basis on which they are asserted, are conclusively governed by these terms and conditions. In particular, all claims for damages, reduction in price, rescission of the contract, or withdrawal from the contract that are not expressly mentioned are excluded. Liability for consequential damages is excluded, unless mandatory provisions of product liability law preclude this.

11. Other Liability

11.1

Unless otherwise provided in these General Terms and Conditions, including the following provisions, the Supplier shall be liable for breaches of contractual and non-contractual obligations in accordance with statutory provisions.

11.2

The supplier is liable for damages—regardless of the legal basis—under the principle of fault-based liability in cases of intent and gross negligence. In cases of simple negligence, the supplier is liable, subject to statutory limitations on liability (e.g., due care in its own affairs; minor breach of duty), only

  • for damages resulting from injury to life, limb, or health,
  • for damages resulting from a breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party regularly relies and is entitled to rely); in this case, however, the Supplier’s liability is limited to compensation for foreseeable, typically occurring damage.

11.3

The limitations of liability arising from Section 11.2 also apply to third parties and in the event of breaches of duty by persons (including for their benefit) for whose fault the Supplier is responsible under statutory provisions. They do not apply if a defect was fraudulently concealed or a guarantee regarding the quality of the goods was assumed, nor do they apply to claims by the Purchaser under the Product Liability Act.

11.4

In the event of a breach of duty that does not consist of a defect, the Purchaser may only rescind the contract or terminate it if the Supplier is responsible for the breach of duty. A free right of termination on the part of the Purchaser (in particular pursuant to Sections 650, 648 of the German Civil Code (BGB)) is excluded. In all other respects, the statutory requirements and legal consequences apply.

11.5

The Supplier assumes no responsibility for the use of its products in connection with devices, processes, or systems protected by patent law. Responsibility for such use lies with the Purchaser or the end user.

11.6

The Purchaser indemnifies the Supplier against all claims asserted on the basis of the use of the products in connection with devices, processes, or systems protected by patent law. This includes, in particular but not exclusively, claims for damages, injunctions, and license claims.

11.7

The Supplier provides no advice regarding the suitability of its products in connection with existing patents or intellectual property rights. It is the responsibility of the Purchaser to ensure, prior to using the Supplier’s products, that no third-party rights—in particular patents, trademarks, or designs—are infringed.

11.8

To the extent applicable, any information regarding areas of application and possible uses contained in the product documentation, packaging, or other accompanying materials shall not be construed as legal advice. Such information is provided solely for general informational purposes and does not constitute a recommendation for any specific use, particularly with regard to any patented use of devices, processes, or systems for load securing.

12. Export Control / Re-export Clauses

12.1

The Customer undertakes to comply with all relevant national and international export control regulations.

12.2

Based on the provisions of Art. 12g of Regulation (EU) No. 833/2014 and Art. 8g of Regulation (EU) No. 765/2006, the purchaser undertakes to comply with the re-export clauses listed below:

a) The Buyer shall not sell, export, or re-export, either directly or indirectly, to the Russian Federation / Belarus or for use in the Russian Federation / Belarus, goods that are delivered under or in connection with these General Terms and Conditions of Delivery and Sale (GTC) and fall within the scope of Article 12g of Regulation (EU) No. 833/2014 or Article 8g of Regulation (EU) No. 765/2006 of the Council of the European Union.

b) The Purchaser shall use its best efforts to ensure that the purpose of paragraph 12.2a) is not thwarted by third parties in the downstream supply chain, including potential resellers.

c) The Purchaser shall establish and maintain an appropriate monitoring mechanism to detect conduct by third parties in the downstream supply chain, including potential resellers, that would frustrate the purpose of paragraph 12.2a).

d) Any breach of paragraphs 12.2a), 12.2b), or 12.2c) constitutes a material breach of an essential element of these General Terms and Conditions of Delivery and Sale (GTC), and the Supplier is entitled to demand appropriate remedies, including but not limited to:

(i) termination of the affected agreements; and

(ii) a contractual penalty to be determined in accordance with Hamburg custom.

e) The Purchaser shall immediately notify the Supplier of any issues regarding the application of paragraphs 12.2a), 12.2b), or 12.2c), including any relevant activities by third parties that could frustrate the purpose of paragraph 12.2a). The Purchaser shall provide the Supplier with information regarding compliance with the obligations under paragraphs 12.2a), 12.2b), and 12.2c) within two weeks of a request by the Supplier.

12.3

The load-securing products supplied by the Supplier (e.g., lashing equipment, securing systems, aids, and accessories) are generally intended for civilian use. Nevertheless, in individual cases, they may be subject to the provisions of the EU Dual-Use Regulation (Regulation (EU) 2021/821) as well as, where applicable, national and international export control regulations. Accordingly, the Purchaser undertakes:

a) prior to any export, transfer, or re-export of the delivered products, to independently verify whether a licensing requirement exists and—if necessary—to obtain the relevant licenses from the competent authorities. A licensing requirement may exist in particular if products are to be used in security-related or military fields or if the end recipient is based in a sanctioned country, and

b) to inform the supplier immediately in the event of planned special uses or end-uses (e.g., military, security-related, or outside the EU).

12.4

The Purchaser shall indemnify the Supplier against all claims resulting from a violation of export regulations by the Supplier and shall reimburse the Supplier for all resulting damages and expenses.

12.5

The Supplier’s obligation to deliver is subject to the condition that no national or international foreign trade regulations preclude the delivery.

13. Confidentiality

The Purchaser and the Supplier undertake to maintain confidentiality, in particular with regard to confidential information arising from Section 2(1) of the Trade Secrets Act (GeschGehG)

14. Governing Law

This contract is governed by German law. The application of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG), is excluded.

15. Place of Jurisdiction

The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the Supplier’s registered office. However, the Supplier is also entitled in all cases to bring an action at the place of performance of the delivery obligation in accordance with these General Terms and Conditions or a prior individual agreement, or at the general venue of the Purchaser. Prevailing statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.

 

16. Severability Clause

Should any of the foregoing provisions or parts thereof be or become invalid, void, or unenforceable, the remaining provisions shall remain valid, and the invalid provisions shall be replaced either by the statutory provision or (in the absence of such a statutory provision) by a provision that the contracting parties would have lawfully agreed upon in good faith had they been aware of the invalidity.

General Terms and Conditions of Sale and Delivery (GTC) as of September 1, 2025

 

allsafe GmbH & Co. KG

Gerwigstraße 31

D-78234 Engen

Only the German version of the GTC is legally binding. As of May 18, 2026.