§1 · Application of these Conditions:
The Seller provides deliveries, services and quotations solely on the basis of these standard terms and conditions. They therefore apply also to future business relationships, even should they have not been expressly confirmed. Deviations form these conditions of sale – particularly the application of the Buyer's purchasing terms and conditions – require the Seller's express consent. These conditions do not apply to weapons submitted for repair.
§2 · Conclusion of a contract:
The Buyer is bound by his order for a period of ten days. The purchase contract will have been concluded should the Seller confirm its acceptance of the order for the goods within this period of time in writing or should the delivery be carried out. The transfer of rights and obligations under the purchase contract requires the contractual partner's prior written consent. Side- agreements, amendments and additions are only valid when confirmed in writing by the Seller. Goods ordered which the Seller is able to deliver from stock will be reserved for the Buyer for a maximum period of three weeks. This period may be extended provided that the Buyer pays for the goods in stock within eight days.
§3 · Prices and changes to prices:
Prices are subject to change and are not binding. They are to be understood as Euro prices, ex-Kühbach plus the costs of packaging and freight. Should more than six weeks elapse between the conclusion of the contract and the agreed and/or actual delivery date, the Seller's prices at the time the goods are delivered or available for delivery will apply. The Buyer will be entitled to rescind the contract should the latter prices exceed the prices initially agreed by more than 10%.
§4 · Delivery times:
Delivery dates or delivery periods, that may be agreed as binding or non-binding, must be in writing. In the event of delivery delays for which the Seller is responsible, the grace period that the Buyer is required by law to grant will be set at two weeks, which will begin when the Seller is notified of the grace period. Force majeure, lack of raw materials, strikes, a failure by our suppliers to deliver or the like that prevent normal storage or transportation will absolve us of obligations entered into.
§5 · Warranty claims:
Should the goods delivered be defective or not of the agreed quality, the Buyer may choose between repair or a new delivery (subsequent fulfilment). In the event of subsequent fulfilment, the Seller will pay the required costs. Whether the choice is permissible will be determined by the principle of proportionality. The Buyer may therefore reject the form of subsequent fulfilment chosen by the Buyer should it entail disproportionate expense. Should subsequent fulfilment not be successful, the Buyer may rescind the contract or reduce the price or demand compensation or the recovery of costs incurred in vain in accordance with the provisions of the law. The warranty period is two years and begins with the delivery of the goods. A warranty period of five years is granted for Prommersberger STP weapons. This is conditional on no additional work on the weapon being carried out. No warranty will be granted should the weapon have been damaged due to reloaded ammunition.
§ 6 · Limitation of liability:
Claims for compensation on account of positive breach of an obligation, negligence at the time the contract is concluded and an unauthorised act both against the Seller and against its vicarious agents are excluded unless the damage was caused deliberately or through gross negligence.
§7 · Reservation of title: T
The Seller retains title to the goods delivered (reserved goods) until all claims against the Buyer to which the Seller is entitled, either currently or in the future, for whatever legal reason, are fulfilled. The Buyer may not dispose of the reserved goods. In the event of seizure of reserved goods by third parties, particularly bailiffs appointed by the courts, the Buyer will draw attention to the Seller's ownership and immediately notify the Seller. In the event of behaviour by the Buyer in breach of contract – particularly payment arrears - the Seller is entitled, after rescinding the contract, to demand the return of the reserved goods.
§8 · Payment:
As a general rule, the Seller's invoices are due for payment immediately, as soon as the goods are delivered - at the latest however within eight days of the date on which the invoice is handed over or dispatched. 2% cash discount may be granted should direct debit have been granted. The Seller expressly reserves the right to reject cheques or bills of exchange. They are accepted solely on account of payment; discounting and bill of exchange fees are payable by the Buyer and are due immediately. In spite of contrary conditions stipulated by the Buyer, the Seller is entitled to offset payments initially against the Buyer's older debts and will inform the Buyer how its payments have been applied. Should expenses and interest already have been incurred, the Seller is entitled to net payments first against expenses, then against interest and finally against the primary obligation. The Buyer is only entitled to offset its claims provided the counter-claim is undisputed or has been established in law. In the event of payment arrears, we are entitled to suspend deliveries until payment has been received. In this case, further deliveries will only be made in return for cash on delivery.
Should in individual cases we take back goods wrongly ordered by the Buyer or should the Buyer not accept goods especially ordered, we will charge a fee of of 5% of the net purchase price in return, subject however to a minimum of € 10.00.
A prepayment of 50% of the total price is required in the case of special orders that differ from standard deliveries or in the event of specific customer wishes.
§9 · Place of fulfilment:
The place of fulfilment for delivery and payment for both parties is the company's premises, that is Kühbach. The place of jurisdiction is Aichach. The law of the Federal Republic of Germany will apply.
STP® · Karl Prommersberger | 2018