General Terms and Conditions (GTC) - AMTHORTEC UG (haftungsbeschränkt)

1 Scope of application

1.1 These General Terms and Conditions shall apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).

1.2 Deviating terms and conditions of the Buyer shall only apply if we have expressly agreed to their validity in writing; this shall also apply if we carry out the delivery without reservation in the knowledge of conflicting terms and conditions.

2 Offer, order and conclusion of contract

2.1 Our offers are subject to change and non-binding.

2.2 A contract is only concluded by our written order confirmation or by execution of the delivery; the scope of the order results from the order confirmation.

2.3 Dimensions, weights, illustrations and drawings as well as descriptions in documents are only approximate; we reserve the right to make design changes.

3 Delivery time, partial delivery, non-availability

3.1 Delivery periods are only binding if confirmed in writing.

3.2 Delivery periods shall commence on the day of order confirmation, but not before complete clarification of the details of execution and the conditions to be fulfilled by the Buyer.

3.3 Partial deliveries are permissible insofar as they are reasonable for the Buyer.

3.4 The contract shall be concluded subject to correct and timely delivery by our suppliers; this shall only apply if we have concluded a congruent hedging transaction and we are not responsible for the non-delivery.

4 Shipping, packaging, transfer of risk

4.1 Unless otherwise agreed in writing, shipment shall be at the expense and risk of the Buyer; shipping costs shall be borne by the Buyer, unless otherwise agreed.

4.2 The risk shall pass to the Buyer when the goods are handed over to the carrier (sale by dispatch according to § 447 BGB).

4.3 Transport insurance shall only be taken out at the express request and at the expense of the Buyer; packaging may be charged at cost price.

5 Reservation of performance in the event of payment risks

5.1 If significant doubts about the Buyer's ability to pay become known before an order is processed or if the Buyer fails to make due payments, we may in particular demand advance payment/security or withdraw from the contract.

6 Prices

6.1 Prices are net ex works/warehouse; ancillary and assembly costs as well as packaging/freight/insurance are - unless otherwise agreed - additional and will be charged at cost.

6.2 We reserve the right to adjust prices proportionately if cost factors (e.g. material prices/wages) increase after conclusion of the contract and production or sales become more expensive as a result, without us being responsible for this.

6.3 For small orders, a minimum invoice value per delivery item/per order or a small quantity surcharge may be charged.

7 Payment

7.1 Invoice amounts are due for payment without deduction within 30 days of invoicing; cash discount only if agreed separately in writing.

7.2 In the event of default of payment, the statutory default interest of 9 percentage points above the base interest rate (§ 288 para. 2 BGB) and the statutory default lump sum of 40 euros (§ 288 para. 5 BGB) shall apply.

7.3 Offsetting is only permitted if counterclaims have been legally established or are undisputed.

8 Retention of title

8.1 The delivered goods shall remain the property of the seller until full payment of all claims arising from the business relationship (extended retention of title).

8.2 Resale in the ordinary course of business is permitted; claims from resale are hereby assigned to us in the amount of the invoice amount.

8.3 The goods may not be pledged, transferred by way of security or substantially altered prior to the transfer of title; we must be notified immediately in the event of seizure by third parties.

9 Duty to inspect and give notice of defects, claims for defects

9.1 Claims for defects presuppose that the Buyer has fulfilled his obligations to inspect and give notice of defects (§ 377 HGB) without delay.

9.2 Obvious defects must be reported to us in writing by the Buyer within 2 days of receipt of the goods. After expiry of this period, all claims arising from such defects shall lapse.

9.3 The warranty period is 12 months from delivery of the goods.

9.4 In the event of justified notification of defects, we shall, at our discretion, provide subsequent performance by repairing or replacing the affected parts free of charge, provided that the defect is due to material or manufacturing defects; rejected parts must be sent to us for inspection.

10 Liability

10.1 Unlimited liability for damages resulting from injury to life, body or health.

10.2 In the event of slight negligence, liability shall be limited to breach of material contractual obligations (cardinal obligations) and to the damage foreseeable at the time of conclusion of the contract and typical for the contract; otherwise liability for slight negligence shall be excluded.

10.3 In addition, liability - except in cases of intent or gross negligence - is limited to the amount covered by the business liability insurance; liability for indirect damages, consequential damages or loss of profit is excluded.

13 Choice of law, place of performance, place of jurisdiction

13.1 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2 Unless otherwise stated in the order confirmation, our registered office shall be the place of performance.

13.3 If the Buyer is a merchant, a legal entity under public law or a special fund under public law, Berlin, Germany shall be the exclusive place of jurisdiction for all disputes arising from this contract.

14 Final provision

14.1 The invalidity of individual provisions shall not affect the validity of the remaining provisions.

Note: These GTC are geared towards B2B transactions. Status 2026