General terms and conditions

1 General
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(1) These General Terms and Conditions shall apply to all contracts concluded between the company JUTEC Biegesysteme GmbH & Co.KG (the "Supplier"), Ottostr. 22, 65549 Limburg, and its customers. A conclusion of the contract under deviating conditions is not possible, any general terms and conditions of business or purchase of the customers are rejected.
(2) The general terms and conditions in the version valid at the time of the conclusion of the contract shall apply.

‍2. Conclusion of thecontract

‍(1) The offers of the supplier are subject to change and non-binding.
(2) The order of the goods by the customer shall be deemed a binding offer of contract. The legally binding acceptance of the customer's order is effected by an order confirmation of the supplier.
(3) The documents provided by the supplier, such as illustrations and drawings, serve solely to inform the customer and do not constitute a legally binding offer.
(4) The supplier reserves the right to make changes in design or form during the delivery period that are due to improvements in technology or to requirements of the legislator, provided that the delivery item is only insignificantly changed and the changes are reasonable for the customer.

‍3. Prices and Terms of Payment

‍(1) If the customer is a natural person who concludes the purchase contract for a purpose that is neither attributable to his commercial nor independent commercial activity(consumer), all prices are gross prices including VAT.
(2) If the customer is an entrepreneur, the prices are net ex works, unless otherwise stated in the order confirmation. The prices do not include packaging and shipping costs as well as the costs of transport insurance. Transport insurance shall only be taken out at the express written request of the Customer.
(3) The due date of the purchase price shall be determined by the Customer's method of payment: In the case of advance payment and direct debit, the purchase price is due for payment immediately after completion of the order by the provider, in the case of purchase on account after receipt of the invoice by the provider and, unless expressly stated otherwise on the invoice, without deduction.
(4) In the event of non-payment of the purchase price, the customer is automatically in default 14 days after the due date. If the customer is in default of payment, the provider is entitled from the relevant date to charge interest at a rate of 8 percentage points above the respective prime rate to customers who are entrepreneurs and at a rate of 5 percentage points above the prime rate to customers who are consumers.
(5) The provider is always entitled, even in the case of contrary provisions of the customer, to offset payments first against older debts of the customer. If costs and interest have already been incurred, the Provider shall be entitled to offset the payment first against the costs, then against the interest and finally against the main service.

4. agreement on the bearing of costs in the event of revocation

‍(1) If the customer is a consumer, the customer shall be entitled to a right of revocation in accordance with the statutory provisions.
(2) If the customer as a consumer makes use of his right of revocation in accordance with item 4.1 of these General Terms and Conditions, the customer shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return is free of charge for the customer.

‍5. Delivery, Transfer of Risk
‍(1) If the customer is a consumer, the goods that the provider has in stock are regularly shipped within 5 business days after the purchase price has been received on the specified account of the provider. If the goods are not in stock, the estimated delivery time is indicated on the order confirmation.
(2) If the customer is an entrepreneur, the estimated delivery time is indicated on the order confirmation.
(3) The goods are delivered to the delivery address specified by the customer. The supplier is entitled to partial deliveries and partial services. The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest when the goods are handed over to the customer. § 447 BGB remains unaffected.
(4) If the customer is in default of acceptance, fails to cooperate or delays the delivery of the provider for other reasons for which the customer is responsible, the provider is entitled to claim compensation for the resulting damage, including additional expenses.
(5) If the Provider is unable to meet binding delivery deadlines vis-à-vis a Customer who is an entrepreneur for reasons for which the Provider is not responsible (non-availability of the performance), the Provider shall inform the Customer of this without delay and at the same time notify the Customer of the expected new delivery deadline. If the service is also not available within the new delivery period, the provider is entitled to withdraw from the contract in whole or in part; any consideration already paid by the customer will be refunded immediately. As a case of non-availability of the performance in this sense is considered in particular the not timely self-delivery by suppliers of the provider, if the latter has concluded a congruent hedging transaction and neither the provider nor its supplier is at fault or the provider is not obliged to procure.

6. copyrights
‍(1) The supplier reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. These may neither be reproduced nor made accessible to third parties without the written consent of the supplier.
(2)Insofar as software is included in the scope of delivery of the goods, the customer shall be granted a non-exclusive right, unlimited in time and space, to use the software supplied, including the associated documentation, for his own use within the scope of his business operations.
(2) The Customer shall not be entitled to reverse engineer, decompile or disassemble, reproduce, edit or modify the Software, except to the extent permitted by applicable law, in particular for the purpose of making backup copies (Section 69d (2) UrhG) or for the purpose of establishing interoperability (Section 69e UrhG), notwithstanding this limitation.2

‍7. Retention of Title

‍(1) The delivered goods (reserved goods) shall remain the property of the Supplier until the purchase price has been paid in full and may neither be pledged to third parties nor assigned as security. In case of access of third parties to the goods subject to retention of title, the customer has to point out the ownership of the provider. The Customer shall immediately notify the Provider in writing if and to the extent that third parties seize the goods belonging to the Provider.
(2) If the Customer is an entrepreneur, the Customer may use the reserved goods and resell them in the ordinary course of business as long as the Customer is not in default of payment.The Customer hereby assigns to the Provider by way of security the claims arising from the resale or any other legal reason with respect to the reserved goods in the amount of the outstanding claim at the time of their respective accrual. The supplier accepts this assignment. The Customer may collect the aforementioned claims on its own account in its own name on behalf of the Provider as long as it is not in default of payment.If the realizable value of the securities exceeds the Provider's claims by more than 10%, the Provider shall release securities of its choice at the Customer's request.
(3) The Provider does not agree to a resale of the reserved goods in the event of the opening of judicial insolvency proceedings.

8. rights of the customer in case of defects

‍(1) The rights of the customer in case of defects to subsequent performance, withdrawal from the contract or reduction of the purchase price shall be determined in accordance with the statutory provisions. For any claims for damages in addition to and in lieu of performance, the provisions of Section 9 shall apply in addition.

(2) The Customer's rights in the event of defects shall not apply if

a) the defect is due to improper use, operation or care or defective maintenance, faulty assembly and commissioning, violation of or non-compliance with the Supplier's operating, operating and assembly instructions or to the effects of force or other external influences (e.g. e.g. chemical, electromagnetic, electrical, water damage etc.), insofar as the supplier is not responsible for them;

b) the defect is based on an improper modification of the delivery item, in particular the use of unsuitable spare parts, and the damage is causally connected with the modification or use.

Natural wear and tear (including fading of fabrics or other materials as well as abrasion) or damage resulting from negligent or improper operation or handling shall be excluded from the Customer's rights in case of defects.

(3) If the Customer is an entrepreneur and the Supplier has not manufactured the goods sold to this Customer itself but has purchased them from sub-suppliers, the Supplier shall fulfill the Customer's rights in case of defects by hereby assigning to the Customer all rights in case of defects to which it is entitled vis-à-vis the sub-supplier. The customer accepts this assignment on account of performance. In case of unenforceability or failure, the customer is entitled to assert his rights in case of defects against the supplier. For this case, the customer assigns the rights assigned to him according to this paragraph 3 against the pre-supplier again to the supplier. The latter hereby accepts the assignment.

(4) If the Customer is an entrepreneur, all claims for damages or reimbursement of expenses based on defects shall become statute-barred within one year; other claims for damages or reimbursement of expenses shall become statute-barred within two years after they arise. The provision of this paragraph 3 shall not apply3in the event of intentional acts or grossly negligent conduct or in the event of injury to life, limb or health. In these cases, the statutory provisions shall apply.

‍9. Liability

‍(1) The Provider shall be liable, without prejudice to the following limitations of liability, in the event of intent, claims under the Product Liability Act or fraudulent concealment of a defect, as well as in the event of injury to life, limb or health, exclusively in accordance with the statutory provisions.

(2) In the event of gross negligence, the Provider's liability shall be limited to compensation for the typical foreseeable damage. This limitation shall not apply if the damage was caused by executives or legal representatives of the Provider.

(3) In the event of slight negligence, the Provider shall only be liable if it breaches a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the fulfillment of which the Customer may regularly rely on (so-called cardinal obligations). In these cases, the liability of the provider is limited to typical and foreseeable damages. In all other cases, the provider is not liable for slight negligence.

‍10. Offsetting, Right of Retention

‍(1) The customer may not offset any counterclaim unless the counterclaim is (i) legally established, acknowledged or undisputed or (ii) directed to costs of remedying defects or completion arising from the same purchase contract.

(2) The customer shall only have a right of retention if the counterclaims arise from the same purchase contract.

‍==== IMPORTANT =============================================================

11. Cancellation Policy ======================================================

Right of Cancellation

You may cancel your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons or, in the case of delivery of goods - if the goods are delivered to you before the end of this period - by returning the goods. The time limit begins after receipt of this notification in writing, but in the case of delivery of goods not before receipt of the goods by the consignee (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery), in the case of provision of services not before conclusion of the contract, and in all cases not before we have fulfilled our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period. The revocation is to be sent to:

JUTEC Biegesysteme GmbH & Co.KG
Ottostr. 22
65549 Limburg
Fax: +49 (0) 6431 934925
E-Mail: info@jutec.de

‍Cancellation Consequences

In the event of an effective cancellation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. In the case of services, this may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. In the case of the delivery of goods, you must pay compensation for the deterioration of the item and for any use made of it, insofar as the use or deterioration is due to handling of the item that goes beyond the testing of its properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary in a retail store.

Goods that can be shipped by parcel are to be returned at our risk. You shall bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of EUR 40.00 or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.

Special notes

In the case of a service, your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.

==== End of the cancellation policy ============================================

‍The right of cancellation does not apply to distance contracts
- for the delivery of goods made to customer specifications, or
- clearly tailored to personal needs, or
- which are not suitable for return due to their nature, or
- for the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the customer.

‍12. Final Provisions

‍(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The applicability of mandatory standards of the state in which the customer has his habitual residence at the time of conclusion of the contract remains unaffected by this choice of law.

(2) If the customer is a merchant, the exclusive place of jurisdiction is the registered office of the provider.

(3) If one or more provisions of these General Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining terms and conditions.