General Terms and Conditions (GTC)
General Information:
1. The following terms and conditions apply to all contracts, deliveries, and other services provided by AlNass Mold Machinery Industry and Foreign Trade Limited Company, Enrico-Fermi-Strasse 8, 51429 Bergisch Gladbach (hereinafter "Seller") regarding legal transactions with merchants as defined by the HGB (German Commercial Code) and entrepreneurs as defined by § 14 BGB (German Civil Code) (commercial customers) in any form (hereinafter "CC"), including specifically through the online shop with the separate offer contained therein for "commercial customers." Deviating regulations of the customers do not apply unless the Seller has confirmed this in writing. Individual agreements between the Seller and the customers always take precedence. The shop is exclusively directed at companies. Legal transactions with consumers are excluded.
2. The business relationships between the Seller and the customer are subject to the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
3. The contractual language is German.
4. The place of jurisdiction is Bergisch Gladbach, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if their residence or habitual abode is unknown at the time the action is brought.
A. General Terms and Conditions for Legal Transactions via the Online Shop
§ 1 Contract Content and Conclusion
1. The Seller offers new and used goods for sale to customers in the online shop.
2. When purchasing in the online shop, a sales contract is concluded upon the Seller's acceptance of the customer's order. The order represents an offer to the Seller to conclude a purchase agreement. Price labels in the online shop do not constitute an offer in the legal sense. When the customer places an order in the online shop, they will receive an email confirming receipt of the order and detailing its specifics (Order Confirmation). This order confirmation does not constitute an acceptance of the offer but only informs the customer that an order with specific content has been received. A purchase agreement is only concluded when the ordered product is shipped to the customer and the shipment is confirmed with a second email (Shipping Confirmation). Furthermore, the customer has the option to inquire with the Seller about a specific item by telephone, email, fax, or letter. Upon receipt of such an inquiry, the Seller will provide the customer with a corresponding non-binding offer via email, letter, telephone, or fax. The customer then has the opportunity to place a binding order. Subsequently, the customer receives a notification confirming the receipt of the order (Order Confirmation). This confirmation is not an acceptance of the offer. The contract is only concluded upon acceptance of this offer by the Seller, namely by shipping the goods and sending a shipping confirmation.
3. The contract text cannot be accessed after the order has been placed. Therefore, the customer is requested to save the contract text.
§ 2 Prices, Shipping Costs, VAT, and Payment
1. For orders via the online shop, the prices stated there apply. All prices include the statutory value-added tax (VAT).
2. Prices are subject to shipping and packaging costs, which will be communicated to the customer before the order is submitted.
3. Delivery to customers by the Seller is carried out, according to the customer's preference, via the following payment methods: Prepayment (via bank transfer), on account, cash on delivery (COD), or credit card. If the customer chooses prepayment via bank transfer, payment must be made no later than 14 calendar days after the order confirmation. For delivery on account, payment is due no later than 8 calendar days after the invoice date. If payment is made via cash on delivery, the purchase price plus shipping costs and COD fees are due upon delivery and presentation of the COD slip by the commissioned transport company.
4. If a customer defaults on their payment obligations, the Seller may demand damages in accordance with statutory regulations and/or withdraw from the contract.
5. The Seller always issues an invoice to the customer, which is handed over upon delivery of the goods or otherwise provided in text form.
§ 3 Delivery and Transfer of Risk
1. Unless otherwise agreed contractually, the ordered goods will be delivered to the address provided by the customer. Delivery is made from the Seller's warehouse.
2. The availability of individual goods is specified in the item descriptions. Goods in stock will be dispatched by the Seller, unless expressly agreed otherwise, within 2 working days after sending the order confirmation (in the case of prepayment: within 2 working days after receipt of payment). If an item in the online shop is marked as out of stock, the Seller will endeavor to deliver it as quickly as possible. Information provided by the Seller regarding delivery periods is non-binding unless a delivery date has been bindingly promised by the Seller in exceptional cases.
3. The Seller reserves the right to make partial deliveries, provided this appears advantageous for swift processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
4. The Seller reserves the right to release itself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery fails in whole or in part. This reservation of self-delivery applies only if the Seller is not responsible for the failure of the delivery. The Seller is not responsible for the lack of performance if a so-called "congruent covering transaction" was concluded with the supplier in good time to fulfill the contractual obligations. If the goods are not delivered, the Seller will inform the customer immediately of this circumstance and refund any purchase price and shipping costs already paid. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover.
5. In the event of exercising the right of withdrawal, the customer shall bear the costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 Euros, or if, in the case of a higher price, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal.
§ 4 Retention of Title
The delivered goods remain the property of the Seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law or a special fund under public law, this also applies beyond the current business relationship until all claims to which the Seller is entitled in connection with the contract have been settled.
§ 5 Offset, Right of Retention
1. The customer shall only be entitled to the right of offset if their counterclaims have been recognized by the Seller or have been legally established.
2. The customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
§ 6 Liability for Material and Legal Defects
1. In the event of defects, the customer is entitled to statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, §§ 377 et seq. HGB (German Commercial Code) shall apply additionally.
2. Damage caused by improper actions by the customer during the setup, connection, operation, or storage of the goods does not constitute a warranty claim against the Seller. Information on proper handling can be found in the manufacturer's descriptions.
3. Defects must be reported by the customer to the Seller within a warranty period of two years for new items and one year for used items. The above limitations of liability do not apply insofar as the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. Furthermore, the above limitations do not apply to claims for damages by the customer aimed at compensation for bodily injury or damage to health due to a defect for which the Seller is responsible, or based on intentional or grossly negligent fault of the Seller or its vicarious agents. The aforementioned reductions do not apply to defects in a building or an item that has been used for a building in accordance with its usual manner of use and has caused its defectiveness.
4. If defects exist and were asserted in a timely manner, the Seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or withdraw from the contract. In all other respects, the statutory provisions apply.
§ 7 Information Duties for Transport Damage
If goods are delivered with obvious damage to the packaging or content, the customer must immediately complain to the carrier/freight service without prejudice to their warranty rights (A. § 6) and contact the Seller immediately via email or other means (fax/mail) so that the Seller can preserve any rights against the carrier/freight service.
§ 8 Exclusion of Liability
1. Outside of liability for material and legal defects, the Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. The Seller is also liable for the slightly negligent breach of essential duties (duties whose breach endangers the achievement of the purpose of the contract) and for the breach of cardinal duties (duties whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable, contract-typical damage. The Seller is not liable for the slightly negligent breach of duties other than those mentioned above.
2. The limitations of liability in the preceding paragraph do not apply in the event of injury to life, limb, or health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
3. If the liability of the Seller is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.
§ 9 Data Protection
1. The customer is aware and consents to the fact that the personal data required for processing the order will be stored by the Seller on data carriers. The customer expressly agrees to the collection, processing, and use of their personal data. The stored personal data will naturally be treated confidentially by the Seller. The collection, processing, and use of the customer's personal data take place in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
2. The customer has the right to withdraw their consent at any time with effect for the future. In this case, the Seller is obliged to immediately delete the customer's personal data. For ongoing order processes, deletion will take place after the order process has been completed.
Information on the Right of Withdrawal for Distance Contracts
Right of Withdrawal: Delivery exclusively to commercial customers. The right of withdrawal is therefore excluded.
B. General Terms and Conditions of Sale and Delivery for Commercial Customers
§ 1 Contract Content and Conclusion
1. The customer has the possibility to inquire with the Seller about a specific item by telephone, email, fax, or letter. Upon receipt of such an inquiry, the Seller will provide the customer with a corresponding non-binding offer via email, letter, telephone, or fax. The customer then has the opportunity to place a binding order. The customer will then receive an order confirmation via email, letter, or fax, which confirms the receipt of the order and lists its details. This order confirmation represents the Seller's acceptance of the offer, meaning the contract is concluded through the order confirmation.
2. When purchasing in the online shop, the customer submits a binding order via the designated ordering system by selecting the type and quantity of the goods and services mentioned therein. The order represents an offer to the Seller to conclude a purchase agreement. Presentations and price labels in the online shop do not yet constitute an offer in the legal sense. When the customer places an order in the online shop, they receive an email, letter, or fax confirming the receipt of the order (Order Confirmation). The purchase contract is concluded through the order confirmation. The contract text cannot otherwise be viewed after the order. The customer is therefore requested to save the contract text.
§ 2 Prices, Shipping Costs, VAT, and Payment
1. Unless otherwise agreed, the Seller's prices are ex-works, plus statutory value-added tax, excluding packaging costs and excluding customs duties, other ancillary costs, or charges of any kind. Waybill stamps, siding fees, and cartage costs shall be borne by the customer. In the event of an increase in labor, material, or raw material costs, manufacturing or transport costs, etc., the Seller is entitled to charge the prices valid on the day of delivery. This does not apply if the agreed deliveries and services are to be provided within 4 months after the conclusion of the contract.
2. Prices are subject to shipping and packaging costs.
3. Delivery to customers by the Seller is carried out, at the customer's request, via the following payment methods: Prepayment (via bank transfer), on account, cash on delivery (COD), or credit card. If the customer chooses prepayment via bank transfer, payment must be made no later than 14 calendar days after the order confirmation. For delivery on account, payment is due no later than 8 calendar days after the invoice date. If payment is made via cash on delivery, the purchase price plus shipping costs and COD fees are due upon delivery and presentation of the COD slip by the commissioned transport company.
4. For contracts concluded via the Seller's online shop, the following regulations apply primarily: Payment is made according to the terms contained in the order. Furthermore, the prices displayed in the online shop refer to the respective packaging units/roll lengths. For cuts of rolls, cutting costs will be charged, which the Seller will communicate to the customer separately.
5. The Seller shall always issue an invoice to the customer, which will be handed over upon delivery of the goods or otherwise provided in text form.
6. If a customer defaults on their payment obligations, the Seller may demand damages in accordance with statutory regulations and/or withdraw from the contract. In any case, the customer shall pay default interest at a rate of 8 percentage points above the respective base interest rate. Furthermore, the Seller reserves the right to prove and assert a higher interest loss by providing a bank certificate. Additionally, a flat-rate damage compensation of 5.00 Euro is payable for each reminder issued by the Seller, unless the customer proves a lower damage.
7. Insofar as the Seller accepts bills of exchange or checks, these are only accepted on account of performance. Bills of exchange must be discountable. Discount charges and all other costs are to be borne entirely by the customer and must be paid within 8 days.
8. When regulating by means of a bill of exchange, the Seller may demand immediate payment of all open – including those not yet due – otherwise non-contestable delivery claims if invoiced discount charges are not paid within 8 days, received bills of exchange are not discounted by a bank, discounted bills are charged back, or a bill of exchange is not honored. The same applies if a customer's check is not honored or if the customer defaults on an installment in the case of an agreed installment plan.
9. If a significant deterioration in the customer's financial situation occurs after the conclusion of the contract, or if bill or check protests occur, the Seller may demand advance payments or security for all outstanding deliveries from contracts within the same legal relationship (§ 273 BGB). If the customer does not comply with this demand, the Seller may withdraw from these contracts and, after setting a deadline of 14 days, demand damages for breach of duty, without specific proof, in the amount of 10% of the unexecuted order value, unless the customer proves a lower damage. In the event of late payment, the default interest agreed in paragraph 7 above shall fall due.
10. Payments in the check-bill-exchange procedure are only considered final payment after the bill of exchange or check has been honored. The extended retention of title remains in effect until final redemption.
§ 3 Offset, Right of Retention
The customer shall not be entitled to a right of retention. However, rights according to § 320 BGB remain intact as long as and to the extent that the Seller has not fulfilled its obligations for new delivery or repair due to a defect.
§ 4 Packaging
1. The type of packaging is at the discretion of the Seller. Packaging will be charged at cost.
2. Packaging materials will only be taken back if this is expressly agreed. Otherwise, return is excluded, provided that the Seller engages a suitable disposal company for disposal in accordance with the Packaging Ordinance in its currently valid version. In this case, the customer is obliged to keep the packaging material ready and hand it over to the disposal company. If it is agreed that the customer waives their right of return in exchange for a flat-rate disposal fee, the customer is obliged to hand over the used packaging to a recognized disposal company that guarantees proper disposal according to the regulations of the Packaging Ordinance.
3. Reusable packaging is only provided by the Seller on a loan basis. The return of the packaging unit must be reported to the Seller in writing by the customer within 14 days and the packaging must be made available. If this is not done, the Seller is entitled, from the 3rd week onwards, to demand a loan fee of 20% of the purchase price for each week (but no more than the full purchase price) after a reminder, or to invoice the value of the packaging immediately, which is due for payment upon receipt. For merchants, legal entities under public law, and special funds under public law, the following also applies: Packaging materials owned by third parties are delivered in the name and on behalf of these owners. It is pointed out that suppliers of packaging materials may charge rental fees for late return, which the customer must bear insofar as they are attributable to them.
§ 5 Acceptance
1. In principle, the customer must collect the finished goods unless otherwise expressly agreed (debt to be collected). If this does not happen within a reasonable period, or if the customer requests shipping in accordance with their order, the Seller is entitled to perform the shipping at the customer's expense. The goods are deemed to have been delivered in accordance with the terms upon leaving the Seller's premises (sale by dispatch).
2. Acceptance of the goods is deemed to have taken place upon collection, or in the case of shipping, upon dispatch.
3. The Seller is entitled to make partial deliveries unless this is unreasonable for the customer. Partial deliveries do not entitle the customer to withhold payments for the goods delivered.
§ 6 Shipping
1. Risk passes to the customer upon handover to the forwarder or carrier, but no later than when the goods leave the Seller's premises.
2. In the absence of specific instructions, the choice of means and route of transport is left to the Seller's discretion, excluding any liability. Section B.§ 12 applies otherwise. Goods ready for dispatch must be called up immediately; otherwise, the Seller is entitled to store them at the customer's expense and risk at its own discretion and to consider them delivered ex-works.
§ 7 Insurance
The goods will only be insured against transport damage and breakage at the customer's request. In this case, the Seller will charge the costs incurred but assumes no responsibility for the execution of the shipment. Section B.§ 6 applies otherwise. The customer undertakes to insure the delivery at their own expense against fire damage and explosion hazards upon or immediately after its arrival at the destination. The customer bears the risk alone, also in relation to damage cases of other types, unless otherwise agreed.
§ 8 Delivery Time
1. Delivery dates or periods that have not been expressly agreed upon as binding are exclusively non-binding information. This also applies to delivery times displayed in the online shop, stated on order confirmations, or announced in delivery date information (specifically via email or fax). The delivery period specified by the Seller only begins when all details of the transaction and technical questions have been clarified and both parties agree on all conditions of the transaction. Likewise, the customer must fulfill all obligations incumbent upon them properly and in a timely manner.
2. If the underlying contract is a fixed-term transaction within the meaning of § 286 Para. 2 No. 4 BGB or § 376 HGB, the Seller shall be liable according to the statutory provisions. The same applies if the customer is entitled to assert the loss of their interest in further performance of the contract as a result of a delivery delay for which the Seller is responsible. In these cases, the Seller's liability is limited to the foreseeable, contract-typical damage if the delivery delay is not based on an intentional breach of contract for which the Seller is responsible, whereby the fault of our representatives or vicarious agents is attributable to us. Likewise, the Seller is liable to the customer in the event of delivery delays according to statutory provisions if these are based on an intentional or grossly negligent breach of contract for which the Seller is responsible, whereby the fault of its representatives or vicarious agents is attributable to it. Liability is limited to the foreseeable, typically occurring damage if the delivery delay is not based on an intentional breach of contract for which the Seller is responsible.
3. In the event that a delivery delay for which the Seller is responsible is based on the culpable breach of an essential contractual obligation, whereby the fault of its representatives or vicarious agents is attributable to it, the Seller shall be liable according to the statutory provisions, with the proviso that in this case liability for damages is limited to the foreseeable, typically occurring damage.
4. Otherwise, in the event of a delivery delay for which the Seller is responsible, the customer may claim liquidated damages in the amount of 2% of the delivery value for each completed week of delay, but no more than a maximum of 10% of the delivery value.
5. Any further liability for a delivery delay for which the Seller is responsible is excluded. The other statutory claims and rights of the customer, which they are entitled to in addition to the claim for damages due to a delivery delay for which the Seller is responsible, remain unaffected.
6. If the customer defaults on acceptance, the Seller is entitled to demand compensation for the resulting damage and any additional expenses. The same applies if the customer culpably violates duties of cooperation. Upon the occurrence of a default of acceptance or debtor's delay, the risk of accidental deterioration and accidental loss passes to the customer.
7. If the Seller does not receive deliveries or services from its sub-suppliers correctly or on time for reasons for which it is not responsible, or if events of force majeure occur, the Seller will inform the customer in good time. In this case, the Seller is entitled to postpone the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part regarding the part not yet fulfilled, provided that it has complied with its aforementioned information obligation and has not expressly assumed the procurement risk. Force majeure is equivalent to strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks for which the Seller is not at fault, operational hindrances not caused by the Seller (e.g., fire, water, and machine damage), and all other hindrances that, objectively viewed, were not culpably brought about by the Seller.
§ 9 Retention of Title
1. The Seller retains ownership of the delivered goods until all claims arising from the business relationship have been fully settled, regardless of the legal basis. The extended retention of title applies until all claims from the business relationship with the customer have been paid and until release from contingent liabilities that the Seller has entered into in the interest of the customer. The Seller is entitled to demand the return of its reserved goods for good cause, particularly in the event of payment default after a reminder, by offsetting the realization proceeds, without this being considered a withdrawal from the contract. In this case, the customer is obliged to return the goods. In the event of third-party access to delivered goods, the customer is obliged to point out the Seller's ownership and to notify the Seller immediately, providing all documents necessary for an objection.
2. If the reserved goods are processed by the customer into a new movable item, the processing is carried out for the Seller without creating any obligation for it; the new item becomes its property. In the case of processing together with goods not belonging to the Seller, it acquires co-ownership of the new item in proportion to the value of the reserved goods to the other goods at the time of processing. If the reserved goods are combined, mixed, or blended with goods not belonging to the Seller according to §§ 947, 948 BGB, the Seller becomes a co-owner in accordance with the statutory provisions. If the customer acquires sole ownership through combination, mixing, or blending, they hereby transfer co-ownership to the Seller in proportion to the value of the reserved goods to the other goods at the time of combination, mixing, or blending. In these cases, the customer must store the item in ownership or co-ownership, which is also considered reserved goods within the meaning of the above conditions, free of charge.
3. If reserved goods are sold alone or together with goods not belonging to the Seller, the customer hereby assigns – at the time of the conclusion of the contract – the claims arising from the resale in the amount of the value of the reserved goods with all ancillary rights and priority over the rest; the Seller accepts the assignment. The value of the reserved goods is the invoice amount of the Seller, which is, however, disregarded insofar as third-party rights oppose it. If the resold reserved goods are co-owned by the Seller, the assignment of claims extends to the amount corresponding to its share value in the co-ownership.
4. If the reserved goods of the Seller are installed as an essential component in the property, ship, shipbuilding structure, or aircraft of a third party, the customer hereby assigns to the Seller the assignable claims for compensation arising against the third party or the person concerned in the amount of the value of the reserved goods with all ancillary rights, including the right to the granting of a security mortgage, with priority over the rest; the Seller accepts the assignment. Paragraph 3, sentences 2 and 3 apply accordingly.
5. The customer is only entitled and authorized to resell, use, or install the reserved goods in the ordinary course of business and only on the condition that the claims within the meaning of paragraphs 3 and 4 actually pass to the Seller. The customer is not entitled to other dispositions of the reserved goods, in particular pledging or transfer by way of security. Assignment by way of genuine factoring is only permitted to the customer on the condition that we are notified of this, stating the factoring bank and the accounts held there by the customer, and that the factoring proceeds exceed the value of our secured claim. Upon credit of the factoring proceeds, the Seller's claim becomes due immediately.
6. The customer authorizes the Seller, subject to revocation, to collect the claims assigned according to paragraphs 3 to 5. The Seller will not make use of its own collection authority as long as the customer meets their payment obligations, including to third parties. At the Seller's request, the customer must name the debtors of the assigned claims and notify them of the assignment; the Seller is also authorized to notify the debtors of the assignment itself.
7. Upon suspension of payment and/or application for the opening of insolvency proceedings against the customer's assets, the right to resell, use, or install the reserved goods or the authorization to collect the assigned claims expires; in the event of a check or bill protest, the collection authorization also expires. This does not apply to the rights of the insolvency administrator.
8. If the value of the granted securities exceeds the claims (if necessary reduced by down payments and partial payments) by more than 20%, the customer is entitled to retransfer or release at their choice. Upon settlement of all claims of the Seller from the business relationship, ownership of the reserved goods and the assigned claims pass to the customer.
§ 10 Prohibited Further Delivery
The export of items delivered by the Seller in an unchanged state by the customer or their customers is prohibited, unless the Seller has expressly agreed to the export, and entitles the Seller to a claim for damages. Items ordered for export may not be delivered to a domestic customer in either an unchanged or changed state, nor to a foreign customer other than the country of destination specified in the order.
§ 11 Notification of Defects, Liability for Material Defects
1. The Seller shall only be liable for defects as follows: The customer must inspect the received goods immediately for quantity and quality. Obvious defects must be reported by written notice within 14 days. In the case of mutual commercial transactions between merchants, § 377 HGB remains unaffected. Defects identifiable upon delivery must also be reported to the transport company, and a record of the defects must be initiated by them. Notifications of defects must contain as detailed a description of the defect as possible. Insofar as deviations in quantity and weight were already identifiable upon delivery according to the aforementioned inspection duties, the customer must complain about these defects to the transport company upon receipt and have the complaint certified.
2. If the customer identifies defects in the goods, they may not dispose of them, i.e., they may not be divided, resold, or further processed until an agreement on the settlement of the complaint has been reached or evidence-preserving proceedings have been carried out by an expert appointed by the Chamber of Industry and Commerce of our registered office.
3. The customer is obliged to provide the Seller with the complained goods or samples thereof for the purpose of checking the complaint. In the event of culpable refusal, liability is waived.
4. In the case of justified complaints, the Seller is entitled to determine the type of supplementary performance (replacement delivery, repair), taking into account the nature of the defect and the legitimate interests of the customer. If the supplementary performance fails, is impossible, or is unreasonable for the customer, the customer may reduce the purchase price or withdraw from the contract.
5. The customer must inform the Seller immediately of any case of liability for material defects occurring with a customer.
6. Claims for defects do not exist in the case of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear, or damage that arises after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable equipment, defective construction work, unsuitable construction ground, or due to special external influences that are not presupposed under the contract. If improper repair work or changes are carried out by the customer or third parties, no claims for defects shall exist for these and the resulting consequences.
7. Claims by the customer for expenses required for the purpose of supplementary performance, in particular transport, travel, labor, and material costs, are excluded insofar as the expenses increase because the delivered goods were subsequently moved to a location other than the customer's branch, unless the move corresponds to their intended use.
8. Recourse claims by the customer against the Seller exist only insofar as the customer has not made any agreements with their buyer that go beyond the mandatory statutory claims for defects. Furthermore, Paragraph 6 applies accordingly to the scope of the customer's recourse claim against the supplier.
9. The Seller is obliged to take back new goods or reduce the purchase price in accordance with statutory regulations, even without the otherwise required deadline, if the customer's buyer, as a consumer of the sold new movable item (sale of consumer goods), could demand the return of the goods or a reduction in the purchase price from the customer due to the defect, or if an equivalent resulting recourse claim is asserted against the customer. Furthermore, the Seller is obliged to reimburse the customer's expenses, in particular transport, travel, labor, and material costs, which the customer had to bear in relation to the end consumer as part of the supplementary performance due to a defect in the goods existing at the time of the transfer of risk. The claim is excluded if the customer, as a merchant, has not properly fulfilled their inspection and notification duties under § 377 HGB.
10. The obligation according to B.§ 11 Paragraph 8 is excluded insofar as it concerns a defect based on advertising statements or other contractual agreements not originating from the Seller, or if the customer has provided a special guarantee to the end consumer. The obligation is also excluded if the customer themselves was not obliged to exercise the material defect liability claims against the end consumer based on statutory regulations or did not make this notification against a claim made against them. This also applies if the customer has provided warranties to the end consumer that go beyond the legal standard. For the scope of the customer's recourse claim, B.§ 11 Paragraph 4 also applies accordingly.
11. The recognition of defects and their notifications must be made in writing.
12. Claims for material defects expire in 12 months. This does not apply insofar as the law prescribes longer periods according to §§ 438 Para. 1 No. 2 (buildings and items for buildings), § 479 Para. 1 (recourse claim), and § 634a Para. 1 No. 2 (construction defects), § 202 Para. 1 BGB (liability for intent).
13. In all other respects, B.§ 12 applies to claims for damages.
§ 12 General Limitation of Liability
1. Regardless of the following limitations of liability, the Seller is liable according to statutory provisions for damage to life, limb, and health based on a negligent or intentional breach of duty by its executive bodies and senior employees or its vicarious agents, as well as for damages covered by liability under the Product Liability Act. For damages not covered by B.§ 11 Paragraph 1 and based on intentional or grossly negligent breaches of contract and malice by its executive bodies and senior employees or its vicarious agents, the Seller is liable according to statutory provisions. In this case, however, liability for damages is limited to the foreseeable, typically occurring damage, provided its executive bodies, senior employees, or its vicarious agents have not acted intentionally. To the extent that the Seller has provided a quality and/or durability guarantee regarding the goods or parts thereof, it is also liable under this guarantee. For damages based on the absence of the guaranteed quality or durability, but which do not occur directly on the goods, the Seller is only liable if the risk of such damage is obviously covered by the quality and durability guarantee.
2. The Seller is also liable for damages caused by simple negligent breach of such contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly trusts and may trust. However, the Seller is only liable insofar as the damages are typically associated with the contract and are foreseeable.
3. Further liability is excluded regardless of the legal nature of the asserted claim; this applies in particular to tortious claims or claims for compensation for futile expenses instead of performance, as well as for all consequential damages, such as loss of production, recall costs, and lost profit; liability according to B.§ 8 Paragraphs 2 to 5 remains unaffected. Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives, and vicarious agents.
4. Other claims for damages by the customer expire one year from delivery of the goods. This does not apply in the case of injury to life, body, or health caused by the Seller, its bodies, senior employees, or its vicarious agents, or if its bodies and senior employees have acted intentionally or with gross negligence, or if its simple vicarious agents have acted intentionally.
§ 13 Other Rights to Withdrawal, Contractual Penalty, and Damages
1. The Seller reserves the right to withdraw from the contract with a written declaration if the customer has provided incorrect information about their person, commercial status, or facts concerning their creditworthiness, or stops their payments, or if insolvency proceedings are applied for or opened against their assets. If the Seller makes use of a contractual or statutory right of withdrawal to which it is entitled, it is entitled, in addition to asserting claims for damages, to charge its expenses, any loss in value that has occurred in the meantime, remuneration for the transfer of use, and compensation for all damage caused by the non-contractual use of the goods to the customer at a flat rate of 25% of the order value; for custom-made products, it may charge the full price.
2. If the Seller can demand damages from the customer due to a breach of duty or cancellation of the sales contract, a flat-rate damage of at least 25% of the order sum is agreed – unless otherwise expressly agreed or stated in these conditions. Regardless of the flat rates mentioned, the Seller reserves the right to calculate actual damages. The customer reserves the right to prove a lower damage.
§ 14 Data Protection
1. The data required for contract processing is stored in the Seller's IT system for fast and error-free processing. The handling of the provided data is carried out in accordance with the provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Act (TDG).
2. For the purpose of credit checks and monitoring, the Seller exchanges data with other credit service companies, such as Schufa.
3. The Seller reserves the right to provide the customer's data to other companies in a permissible manner for sending information material and reserves the right to use it for its own advertising purposes. If the customer does not agree with this, they can simply send a short informal notice to: AlNass Mold Machinery Industry and Foreign Trade Limited Company, Enrico-Fermi-Strasse 8, 51429 Bergisch Gladbach, info@alnass.de.
4. The Seller will not use or pass on customer data beyond the scope regulated in paragraphs 1 to 3.
§ 15 Severability Clause
The potential invalidity of one of the above conditions does not affect the validity of all other provisions. An invalid provision is to be replaced by one that arises from the meaning of the other provisions.
As of January 2026