Status: March 2021

General terms and conditions and consumer information in the context of sales contracts, services and deliveries from Kauz Maschinenhandel GmbH, Ellwanger Str. 17, 73433 Aalen.

1. General
These general terms and conditions expressly relate to the use vis-à-vis a person who, when concluding the contract, is exercising their independent professional activity (entrepreneurial business dealings) and legal persons under public law. Unless expressly stated as "new", all delivery items are used goods.

2. Offer and conclusion of contract
2.1 All deliveries and services are based exclusively on these contractual terms and conditions as well as any separate written contractual agreements (individual agreements). The seller's offers are non-binding. The orders placed, even if they are accepted by agents or representatives, only become binding upon written confirmation from the seller; also in the case of an offer by the seller with a time limit. The prior sale is reserved until the seller has confirmed in writing.
2.2 Additions, changes or ancillary agreements require written confirmation by the seller to be effective.
2.3 The seller reserves the right of ownership and copyright to cost estimates, drawings and other documents, also in electronic form; they may not be made accessible to third parties.
2.4 All information on delivery items in offers as well as dimensions, weights, images and drawings as well as other documents that belong to the offers are only approximate. Liability for financial losses due to inaccurate information and information is limited to intent and gross negligence.
2.5 Unless otherwise agreed, used goods are sold as viewed. The seller must give the prospective buyer the opportunity to view the property before the contract is concluded. If there is no inspection by the buyer, the condition of the non-new delivery item is considered known and accepted by the buyer.

3. Price and payment
3.1 The prices apply for new machines ex works of the manufacturer, for used machines ex works. Unless expressly stated, the prices mentioned do not include the costs for packaging, freight, insurance, loading and unloading, temporary storage, dismantling, assembly and commissioning. The sales tax is also calculated at the respective statutory rate.

3.2 Unless otherwise agreed, payment must be made in full and without any deduction to the seller's account before the start of dismantling or before the goods are collected / handed over.
3.3 The client only has the right to withhold payments or to offset them against counterclaims insofar as his counterclaims are undisputed or have been legally established.

4 delivery
4.1 The delivery time results from the agreements of the contracting parties. Their compliance by the seller assumes that all commercial and technical questions between the contracting parties have been clarified and that the buyer fulfills all obligations incumbent on him, such as e.g. Has provided the necessary official certificates or permits or has made a down payment. If this is not the case, the delivery time is extended accordingly.
4.2 Compliance with the delivery time is subject to correct and timely delivery to us. The seller will notify us immediately of any emerging delays.
4.3 The delivery period is met if the delivery item has left the seller's warehouse or the manufacturer's works by the end of this period or the buyer has been notified of readiness for dispatch. If an acceptance has to take place, the acceptance date is decisive, alternatively the notification of readiness for acceptance.
4.4 If the non-compliance with the delivery time or the assembly deadline is due to force majeure, industrial disputes or other events that are beyond the control of the seller, the delivery time or completion of the assembly is appropriately extended. The seller will immediately inform the buyer of the beginning and the end of such circumstances.
4.5 The buyer can withdraw from the contract without setting a deadline if the entire service is finally impossible for the seller before the transfer of risk. In addition, the buyer can withdraw from the contract if it becomes impossible to carry out part of the delivery in the case of an order, if no comparable replacement can be procured within a reasonable time and the remaining delivery becomes permanently unusable. If this is not the case, the buyer has to pay the contract price applicable to the partial deliveries. The same applies to the inability of the seller. Otherwise, the "Liability" section of these terms and conditions applies. If the impossibility or inability occurs during the delay in acceptance or if the buyer is solely or predominantly responsible for these circumstances, he remains obliged to provide consideration.

4.6 If the buyer defaults on accepting the purchased goods, he has to pay the seller at least 0.2% of the order amount for each day of default as flat-rate compensation for storage, insurance, etc., but not as a contractual penalty, but at most to replace the damage caused by the delay. After setting a reasonable deadline or at the latest 15 calendar days after notification of readiness for dispatch, the seller releases the goods for resale. Further claims from delay in delivery are determined exclusively according to the "Liability" section of these conditions.
4.7 If the seller sends the delivery item to the buyer, it is up to him to determine the type of shipment, its route, the means of transport, the carrier, the port of shipment, the border crossing, etc. The seller is not obliged to send the goods by the fastest and cheapest means of transport.

5. Transfer of risk and acceptance of the delivery item
5.1 In the event that the goods are picked up by the buyer (debt to collect), the risk is transferred to the buyer upon notification of the pick-up option and the pick-up location. If the goods are dispatched at the buyer's request, the risk is transferred to the buyer at the latest when the delivery item is handed over (whereby the beginning of the loading process is decisive) to the forwarding agent, carrier or other third party appointed to carry out the dispatch. This also applies if partial deliveries are made or we have taken on other services (e.g. assembly). If the dispatch or handover is delayed due to a circumstance, the cause of which lies with the buyer, the risk is transferred to the buyer from the day on which we are ready for the handover and have notified the buyer of this.
5.2 If an acceptance has to take place, this is decisive for the transfer of risk. It must be carried out immediately on the acceptance date, alternatively after notification of the seller about the readiness for acceptance.
5.3 At the request of the buyer and at his own expense, the cargo will be insured by the seller against theft, breakage, transport, fire and water damage. However, the seller is not obliged to take out such insurance.

6. Retention of title
6.1 Ownership of all goods delivered by the seller shall only pass to the buyer when the seller has received payment of all amounts owed by the buyer to the seller.
6.2 Goods to which ownership has remained with the seller must be stored in such a way that they are distinguishable from those of the buyer. At the request of the seller, the buyer must return them immediately at his own expense or allow the seller access to his premises for collection as soon as possible.
6.3 The buyer assigns all claims against third parties arising from the resale when the contract is concluded with the seller or in the amount of a possible co-ownership share of the seller as security. The seller accepts the assignment.

7. Liability for defects in delivery
7.1 Beyond the individual agreements in the delivery orders, the seller does not assume any warranty for goods that are not expressly declared as new. The manufacturer's statutory warranty regulations (BGB) apply to new goods. Further claims are based on the "Liability" section of these terms and conditions.
7.2 In particular, no guarantee is given in the following cases: Unsuitable or improper use, incorrect assembly or commissioning by the buyer or a third party, natural wear and tear, incorrect or negligent treatment, improper maintenance, unsuitable operating resources, defective construction work, unsuitable subsoil, chemical , electrochemical or electrical influences - provided they are not the responsibility of the seller.
7.3 All claims and rights due to material defects are excluded. This does not apply to liability in the event of intent or malice. The exclusion of liability for material defects also does not include claims for damages in the event of a violation of the legal interests of life, body, health or in the event of gross negligence.
7.4 If the buyer or a third party makes improper improvements, the seller is not liable for the resulting consequences. The same applies to changes to the delivery item made without the prior written consent of the seller.

8. Liability
The seller is only liable for damage that has not occurred on the delivery item itself - for whatever legal reasons
a) with intent,
b) in the event of gross negligence on the part of the owner or executive employee,
c) in the event of culpable injury to life, body or health,
d) in the case of defects that he has fraudulently concealed or the absence of which he has assured,
e) in the event of defects in the delivery item, insofar as under the Product Liability Act for personal or
Property damage to privately used objects is liable. In the event of culpable breach of essential contractual obligations, the seller is also liable in the case of gross negligence on the part of non-executive employees and in the case of slight negligence, in the latter case limited to the typical, reasonably foreseeable damage. Further claims are excluded.

9. Complaints and returns
9.1 The seller only processes complaints that relate to the scope of delivery or the properties assured by the seller.

9.2 Complaints must be received by the seller within 3 working days after acceptance of the goods. These are to be paid in writing, by letter or fax to the following address
Kauz Maschinenhandel GmbH
Ellwanger Str. 17
73433 Aalen
Fax: +49 7361 5579 237
9.3 Returns of used machines are generally excluded.
9.4 Excluded from the complaint are any wearing parts and complaints that are not submitted in due time and properly (point 2).
10. Statute of Limitations
All claims of the buyer - for whatever legal reasons - expire after 12 months at the latest. The statutory deadlines apply to claims for damages in accordance with section “Liability a-e”.
11. Applicable law, place of jurisdiction, place of fulfillment, final provisions
11.1 German law applies exclusively to all legal relationships, including international ones, between the seller and the buyer.
11.2 The place of jurisdiction is 73430 Aalen, Baden-Württemberg. This also applies to international legal relationships.
If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
11.3 Place of fulfillment is 73433 Aalen. 
11.4 The contract remains valid in its remaining parts even if individual points are legally ineffective.