AGB

• § 1 Scope of Application

• (1) These terms and conditions apply exclusively to entrepreneurs pursuant to § 14 BGB, legal entities under public law, or special public assets pursuant to § 310 para. 1 BGB.

  (2) All deliveries, services, offers, and sales are carried out exclusively on the basis of these terms and conditions. They form an integral part of all concluded contracts and also apply to future business relationships, even if they are not expressly agreed again.

  (3) By placing an order, but at the latest upon acceptance of the delivery or service, the customer acknowledges these GTC. Deviating or opposing terms of the customer shall not be recognized unless KOMITZ has expressly agreed to their validity in writing.

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• § 2 Offers and Conclusion of Contract

(1) Offers made by KOMITZ are non-binding and without obligation, unless they are expressly designated as binding.

(2) A contract is only concluded upon written order confirmation by KOMITZ.

(3) Employees of KOMITZ are not authorized to make binding commitments unless these are confirmed in writing by management.

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• § 3 Prices and Payment

(1) All prices are stated net, plus statutory VAT, packaging, transport, and insurance costs.

(2) Payments shall be made exclusively to the account specified in the order confirmation. The invoice amount must be paid within the agreed period.

(3) If the customer defaults on payment, KOMITZ is entitled to charge statutory interest and to make all outstanding receivables immediately due.

• § 4 Delivery and Transfer of Risk

(1) Delivery periods and dates result from the order confirmation.

(2) Deliveries are made ex works or warehouse (Incoterms® 2020 EXW unless otherwise agreed). Risk transfers to the customer upon handover to the carrier or upon leaving the warehouse.

(3) KOMITZ is entitled to make partial deliveries if such deliveries are reasonable for the customer.

(4) KOMITZ is not liable for delivery and performance delays due to force majeure or comparable events (e.g., natural disasters, pandemics, strikes, official measures, IT attacks, export or trade restrictions).

(5) If the customer does not pick up the goods in time or violates cooperation obligations, KOMITZ is entitled to claim compensation for the resulting damage.

• § 5 Retention of Title

(1) The delivered goods remain the property of KOMITZ until full payment of all receivables arising from the business relationship.

(2) Pledging or transferring ownership of goods by way of security before full payment is not permitted. The customer must immediately notify KOMITZ of third-party access.

(3) In the event of contractual violations (e.g., payment default), KOMITZ is entitled to… (continues in the next section of your document)

• KOMITZ GmbH

  Welterstraße 72, 57076 Siegen, Deutschland
  Telefon: +49 271 80917035
  E-Mail: info [at] komitz.de
  CEO: Dr. Hamidreza Ahmadian
  USt-IdNr.: DE319048127 | HRB 11576 (Registered at Amtsgericht Siegen)