GENERAL TERMS AND CONDITIONS

1. Scope of application

Contractual relations between Alu Löffel and its customers shall be based exclusively on these General Terms and Conditions. These shall also apply to subsidiary agreements, assurances or subsequent amendments to the contract. Deviations from our terms and conditions shall only become part of the contract if they have been recognized and confirmed by us in writing.

Otherwise, the customer’s general terms and conditions are expressly rejected.

The General Terms and Conditions shall also apply to future business relationships, even if they have not been expressly agreed again.

Customers within the meaning of the General Terms and Conditions can be both consumers and entrepreneurs.

Natural persons as customers must be at least 18 years old and have legal capacity.

2. Offer/acceptance

Our offers are subject to change and non-binding with regard to price, quantity, design and shipment.

By placing an order, the customer makes a binding declaration that he wishes to conclude a contract for work. The customer’s offer in this respect can be accepted within 2 weeks of receipt. The contract is only concluded upon our written order confirmation. Where provided for by law, consumers are informed of their right of withdrawal with the order confirmation.

Collateral agreements, assurances or amendments to the contract also require our written confirmation to be effective.

If the material, quantity or quality of the workpieces supplied deviate from the customer’s specifications and if the costs on which our offer is based increase as a result, we shall be entitled to adjust the price. The customer shall be sent an amended price offer for this purpose. If this is not immediately confirmed by the customer, we shall be entitled to terminate the contract for good cause.

We also reserve the right to terminate the contract for good cause if the workpieces handed over are unsuitable for the contractually agreed processing, contrary to the information provided by the customer on request. This may result from a lack of processing capability or other circumstances that make it impossible for us to perform the service.

In the event of termination for good cause, the services rendered to date shall be remunerated. The right to assert further claims for damages remains reserved.

3. Delivery/performance time

The delivery and performance deadlines specified by us are non-binding. The commencement of the performance owed by us under the contract requires the clarification of all technical details and the testing of the workpieces for their suitability after receipt of the workpieces.

In the case of contracts with consumers, the performance period shall not commence before the expiry of the withdrawal period or before submission of the consumer declaration.

If price adjustments are asserted in accordance with point 2 of the General Terms and Conditions, the performance period shall not commence before the customer’s price confirmation.

If the customer fails to cooperate after placing the order, such as sending the workpieces to be processed, sending illustrations, drawings or plans or confirming necessary contract amendments, the customer shall be in default of acceptance no later than 1 week after a written request for cooperation. The risk of accidental loss or accidental deterioration of workpieces already handed over shall pass to the customer upon default of acceptance by the customer. We reserve the right to claim additional expenses after the customer’s default of acceptance.

In addition to delays in delivery and performance due to force majeure, all contractual deadlines are subject to unforeseeable production disruptions, subject to timely self-supply and subject to the timely performance of external contracts. Such circumstances, of which the customer must be notified, shall not constitute grounds for default in the absence of fault. In the event of a delay in delivery for which we are responsible, the customer’s claims shall be subject to our limitations of liability.

4. Acceptance/transfer of risk

Acceptance by the customer must take place immediately after notification of completion at our place of business or a differently agreed place of performance concurrently against payment of the agreed remuneration.

Upon handover to the customer, the customer shall bear the loading risk. Even if the customer collects the goods himself, the goods shall be made available to the customer for his own loading. Insofar as we are to assist with loading, we act exclusively as the customer’s vicarious agent at the customer’s risk.

The risk of loss or deterioration shall pass to the customer upon acceptance.

If the goods are dispatched, the risk shall pass to the customer upon dispatch.

If the customer is an entrepreneur, he must fulfill his obligation to inspect the goods upon acceptance in accordance with § 377 HGB.

5. Prices/shipping

Our prices are quoted in euros, in each case net plus the applicable value added tax.

In the case of an agreed shipment of the goods, the customer shall bear the costs for packaging, transportation, freight, insurance and any customs costs. Packaging and shipping costs shall be charged separately.

The customer bears the transportation risk.

If defects or damage that could be attributed to transportation are discovered after the workpieces have been sent to our company, the customer shall be informed immediately. Otherwise, liability claims arising from transport damage when the workpieces are sent to our company are excluded.

6. Warranty

We are liable for the professional execution of the contractually agreed work services on the workpieces provided by the customer.

The customer is responsible for the accuracy and completeness of the information provided when the contract is initiated.

If the processing does not lead to success for reasons for which we are not responsible, e.g. due to incorrect information from the customer or the condition of the workpiece, liability is excluded.

No liability is assumed for a specific purpose of the workpieces or a specific suitability determined by the customer.

If special features with regard to the use of the workpiece have to be taken into account during processing, we shall only be liable if the customer has expressly pointed out special features when the contract was concluded. A desired quality, deviating from the generally recognized rules, is only owed if this has been contractually agreed.

Minor deviations in quality, dimensional and design tolerances are to be accepted by the customer. In particular, minor deviations are unavoidable for material and process-related reasons.

If there is a defect in the work performance for which we are responsible, the customer must give us the opportunity of subsequent performance. Furthermore, the statutory provisions shall apply.

If the customer asserts claims for damages based on a negligent breach of contract, these shall be limited to the foreseeable typical damage. The limitation of liability then refers to the damage to the workpiece.

Any further liability for damages is excluded. This applies in particular to claims arising from culpa in contrahendo, other breaches of duty or tortious claims. The limitation shall also apply if the customer demands compensation for useless expenses.

Insofar as liability is excluded or limited, this shall also apply with regard to the liability of our employees or other vicarious agents.

The exclusion of liability shall not apply in the event of grossly negligent or intentional breach of duty or culpable injury to life, limb or health.

The exclusion of liability does not affect any claims under the Product Liability Act.

7. Guarantees/Assurances

We do not provide any guarantees for the service to be provided beyond the agreed warranty.

We cannot give any assurance as to the suitability of the processing procedures with materials provided by the customer. This would require extensive preliminary tests, which are not part of the contract. Only a visual inspection of the workpieces provided by the customer will be carried out in order to check possible suitability and quality.

8. Payment/Lien

The invoiced services are to be paid within 14 days to the specified account. We reserve the right to exercise a lien on the processed workpieces until our invoice has been settled. In this respect, the customer warrants that there are no reservations of title or liens of third parties on the workpieces handed over.

If, upon conclusion of the contract or thereafter, we become aware of circumstances which call into question the creditworthiness of the customer, we shall be entitled to demand payment on account or the provision of security. In the event of refusal of a corresponding request, we shall be entitled to terminate the contract without notice.

Offsetting against counterclaims of the customer is only permissible if the counterclaims have already been legally established, are undisputed or have been recognized by us.

The exercise of a right of retention is only permissible if the customer’s counterclaim results from the same contractual relationship.

An assignment of contractual claims or warranty claims requires the written consent of the other contracting party.

9. Final provisions

Should any provision of these General Terms and Conditions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. Rather, an invalid or unenforceable provision shall be interpreted taking into account the intended purpose or the statutory provisions.

The place of performance for all obligations resulting from the contractual relationship is the location of our registered office.

The law of the Federal Republic of Germany shall apply.

Status: 17.02.2025