General terms and conditions for business

Turfcom GmbH Lüderser Weg 35, 30982 Pattensen, Germany

    § 1 General

1. Our terms of sale apply exclusively; We do not recognize conflicting or deviating terms and conditions of the customer unless we have expressly agreed to them in writing. Our terms of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms of the customer.
2. All agreements between us and the customer, in particular individual agreements that deviate from these terms of sale, are made exclusively in writing or in text form. Verbal agreements are only binding if they are confirmed by us in writing.

    § 2 Quotes

1. Our quotes are non-binding. With the exception of goods in stock, machines are goods specially manufactured on order for the customer. The availability depends on our production capacities and those of our pre-suppliers
2. Orders received by us are binding for the customer. We reserve the right to accept these within two working days.
3. The contract is concluded when the customer receives our order confirmation in writing

    § 3 Prices and terms of payment

1. Unless otherwise stated in the order confirmation, our prices apply ex works, excluding packaging (particularly pallets); this will be invoiced separately.
2. a) The following applies to professional customers (Business to business sales): the statutory sales tax is not included in our prices; it is shown separately on the invoice at the statutory rate on the day of invoicing.
3. b) The following applies to consumers: the statutory sales tax is included in our prices. It is shown separately on the invoice at the statutory rate on the day of invoicing.
4. a) Unless otherwise stated in the order confirmation, the purchase price is due without deduction upon transfer of the goods. The statutory rights regarding the consequences of default in payment apply.
5. The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. Besides, he's to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

    § 4 Delivery Time, Cancellation, Returns

1. The start of the delivery time specified by us requires the clarification of all technical questions, in particular transport and shipping options. Wearing part orders must be received by the seller at least 24 hours before the next possible shipping date. Unless otherwise stated in the order confirmation, ordered goods will only be made available from Monday to Friday (not on public holidays).
2. Compliance with our delivery obligation also presupposes the timely and proper fulfillment of the customer's obligation. The exception of the unfulfilled contract remains reserved.
3. If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred, including any additional expenses. Further claims remain reserved.
4. Provided that the requirements of paragraph (3) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he is in default of acceptance or debtor.
5. We are liable according to the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents is to be attributed to us. If the delivery contract is not based on an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
6. Restrictions in the ability to deliver and non-compliance with delivery dates due to storms, frost, extreme heat, traffic and technical difficulties are not at the expense of the seller and do not constitute a delay in delivery. In such cases, an alternative delivery date will be agreed.
7. In the case of wearing parts and spare parts, cancellations by the customer must be made at least 24 hours on the working day before the agreed shipping date. Cancellations of goods (machines) made for customers are free of charge within 14 days of order confirmation, after which 10% of the order value will be charged as a cancellation fee.
8. Returns of obviously unused spare and wear parts (if these are not goods specially made for customers) are possible within 30 days of the delivery date subject to a return and restocking fee of 20% of the total purchase price, but at least €20.00 per return transaction. The customer bears the shipping costs and shipping order.

    § 5 Transfer of goods -packaging costs

1. Unless otherwise stated in the order confirmation, delivery ex works is agreed.
2. Transport-packaging and all other packaging, apart from pallets, can not be returned. The customer is obliged to ensure that the packaging is disposed of at their own expense.
3. If the customer so desires, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.

    § 6 Liability for Defects

1. In the event of a defect in wearing- and spare parts, we reserve the right to supplementary fulfillment in the form of delivery of a new item free of defects. We bear the necessary costs including the transport costs . If the supplementary fulfillment fails, the customer is entitled to choose whether to withdraw from the contract or demand a price reduction. In the event of a defect in a device or machine, we reserve the right to supplementary fulfillment by means of repair or replacement of parts by us or one of our contractual partners within the scope of the statutory warranty.
2. We are liable according to the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as the damage is not based on an intentional act attributable to us, our liability is limited to the damage that typically occurs.
3. The following applies to business custumers: Customer claims for defects presuppose that he has properly fulfilled his obligations to examine and give notice of defects according to § 377 HGB.
4. The following applies to wearing parts: Complaints must be made in writing (e-mail) with clear photographic evidence within 14 days of delivery at the latest. The customer is obliged to enable us to carry out the appraisal and possible subsequent delivery of replacements.
5. The maximum period for claims on defects is 12 months, calculated from the time of delivery.
6. Unless otherwise regulated above, liability is excluded.
7. Insofar as liability for damages towards us is excluded or limited, this also applies to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.
8. The above limitations of liability do not apply in the event of injury to life or health; this also applies to mandatory liability under the Product Liability Act.

    § 7 Retention of ownership

1. We reserve ownership of the delivered goods until full payment has been made. Insofar as we keep a customer account for the customer, we retain ownership of the delivered goods until the balance of the account has been settled in full.
2. The customer is obliged to treat the purchased item with care; particularly he is obliged to insure them adequately at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the customer must carry this out timely and at his own expense.
3. In the event of seizures or other interventions by third parties, the customer must inform us immediately in writing so that we can file a suit in accordance with § 771 ZPO. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with § 771 ZPO, the customer shall be liable for the loss incurred by us.
4. The customer is entitled to resell the purchased item in the ordinary course of business. For the duration of the retention of ownership, the customer assigns all of his claims from the resale to us in the amount of the final invoice. This also applies if the purchased item is processed before it is resold. The customer remains authorized to collect the assigned claim. This does not affect our authority to collect the claim ourselves. We undertake not to collect the claim as long as the customer does not default on payment to us and no application for the opening of insolvency proceedings has been filed. The purchaser is obliged to notify us of all assigned claims including their debtors upon first request and to hand over all documents required for collection and to inform the debtor of the assignment.

    § 8 Place of Fulfillment and Jurisdiction

1. Place of fulfillment is our place of business in 30982 Pattensen, Germany
2. The following applies to business customers: The place of jurisdiction for all legal disputes is our place of business

3. Alternative Consumer Dispute Resolution:

   The EU Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr

   We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

Pattensen, April 23, 2021