GENERAL TERMS AND CONDITIONS
Scope of application
These General Terms and Conditions of Business apply in the version valid at the time of the conclusion of the contract for all business relationships between us of pivotPRÄSISION GmbH, Im unteren Ried 30, 75382 Althengstett and you. Should you use conflicting general terms and conditions, these are hereby expressly contradicted.
The contractual language is German. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB (German Civil Code).
Conclusion of contract
Conclusion of the contract takes place individually through offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry and receive a binding offer from us, which you can then accept within two weeks. With the acceptance, the contract is concluded. Separate storage of the text of the contract by us does not take place, but the contract content results individually from the agreement made.
1.4 Custom-made products
If the order is a custom-made product, changes cannot be made or applied for after the conclusion of the contract, unless otherwise agreed.
2 Performance and delivery
2.1 Performance of services
We are entitled to have the contract or parts of the contract performed by third parties.
2.2 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.3 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even with the utmost care (these include in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a covering transaction), are not our responsibility. They entitle us to postpone the delivery for the duration of the hindering event.
If the goods are not available for the reasons mentioned above, we may withdraw from the contract. In doing so, we undertake to inform you immediately about the unavailability and to reimburse you immediately for any payments already made.
2.5 Exclusion of delivery
Postal box addresses are not supplied.
2.6 Default of Acceptance
If you are in default with the acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the default of acceptance, you bear the risk of accidental loss or accidental deterioration.
2.7 Performance time/delivery period
In principle, the delivery or service times are agreed individually with you and can be found in the offer. Their observance presupposes that all commercial and technical questions between the contracting parties have been clarified in advance. If this is not the case, the performance or delivery period shall be extended to a reasonable period.
Unless expressly agreed otherwise, the delivery/service shall be performed by us within 21 days. In the case of payment in advance, the period for delivery/service shall commence on the day after the payment order is issued to the transferring bank or, in the case of payment on delivery or purchase on account, on the day after the conclusion of the contract. The period ends on the following twenty-first day. If the last day of the period falls on a Saturday, Sunday or a general holiday recognised by the state at the place of delivery/place of performance, the period shall end on the next working day.
2.8 Storage costs
If the dispatch or delivery of the goods is delayed at your request, we reserve the right to charge you for the costs incurred (in particular storage costs).
3.1 Prices and shipping costs
All prices are subject to value-added tax. The costs for packaging and dispatch, which are shown separately in each case, shall be added unless collection by you at our registered office is agreed.
The payment term shall be 30 days from the invoice date without deduction. If the amount is paid within 10 days, we grant a 3% discount on the net price, provided you are not in default with the payment of other receivables.
3.3 Default of payment
You are in default of payment if we do not receive payment within two weeks of receipt of the invoice. In case of default of payment, interest will be charged at a rate of 9 percentage points above the base rate of the European Central Bank. If you are in arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. You shall have the opportunity to prove that we have incurred no or less damage. If you are in default with the payment of a claim, claims from other contractual relationships between you and us shall also become due.
3.4 Right of retention
The assertion of a right of retention is only available to you for those counterclaims that are due and based on the same legal relationship as your obligation.
For the content and correctness of the data and information transmitted by you, you are solely responsible. You also undertake not to transmit any data whose contents infringe the rights of third parties or violate existing laws. By transmitting data to us, you confirm that you have complied with the copyright regulations.
You shall indemnify us against all claims asserted against us by third parties due to such violations. This also includes the reimbursement of costs of necessary legal representation.
4.3 Data backup
You are jointly responsible for backing up the information sent. We cannot be held responsible for the loss of your sent information as we do not provide a general data backup guarantee.
4.4 Duty to cooperate
You are obliged to provide the cooperation required for the contract so that we can perform the contractual service.
You must always observe any instructions / notes provided for cleaning, storage and handling of the goods. We can, therefore, not be held responsible for your incorrect behaviour.
5. Retention of title
The goods, works and materials delivered by us shall remain our property until all present, and future claims arising from the business relationship have been settled in full. You assign to us any claim or compensation you may receive for damage, destruction or loss of these items. Unless otherwise agreed in the following, you are not entitled to sell, give away, pledge or assign by way of security the goods delivered to you under reservation of title.
5.2 Seizure and other impairments
If the item subject to retention of title is seized or otherwise impaired by third parties, you must notify us immediately so that an action can be brought in accordance with §771 ZPO. Insofar as the third party is not able to reimburse the court and out-of-court costs of an action in accordance with §771 ZPO, you shall be liable for the loss incurred by us.
You are entitled to resell the reserved goods in the ordinary course of business. You hereby assign to us the claims of the customer from the resale of the reserved goods in the amount of the agreed final invoice amount (including value-added tax). This assignment applies regardless of whether the purchased item has been resold without or after processing. You remain entitled to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you meet your payment obligations from the proceeds collected, are not in default of payment and, in particular, no application for the opening of insolvency proceedings has been made or payments have been suspended.
5.4 Alteration, treatment and processing
The treatment and processing or alteration of the purchased item by you is always carried out in our name and on our behalf. In this case, your expectant right to the object of purchase shall continue in the transformed object. If the purchased item is processed with other objects not belonging to us, we shall acquire co-ownership of the new item in proportion to the objective value of the purchased item to the other processed objects at the time of processing. The same applies in the event of mixing. If the mixing is carried out in such a way that your object is to be regarded as the main object, it is agreed that you transfer proportional co-ownership to us and keep the sole ownership or co-ownership thus created for us. In order to secure the claims against you, you also assign to us such claims which accrue to you against a third party through the connection of the reserved goods with a property; we hereby accept this assignment.
5.5 Taking back
If you act in breach of contract, especially in case of default of payment, but also in case of filing for insolvency proceedings against your assets, we are entitled to take back the goods. In this case, taking back the item does not constitute withdrawal from the contract, unless we expressly declare this in writing.
5.6 Release of securities
If the value of the securities exceeds the value of the secured claims by more than 15 percent, we are obliged to release securities at your request.
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular with regard to the descriptions, representations and details in our offers, brochures, catalogues, on the website and other documents, there may be technical and design deviations (e.g. colour, weight, dimensions, design, scale, positioning or similar), provided that these changes are reasonable for you. Such reasonable reasons for changes may result from customary fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect the warranty rights.
6.2 Warranty claim
In the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or new delivery. The risk of accidental loss or deterioration of the goods is transferred to you upon delivery to the person designated for transport. You must notify us in writing of obvious defects immediately and of non-obvious defects immediately after their discovery; otherwise the assertion of warranty claims is excluded. Timely dispatch suffices to meet the deadline. You shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.
6.3 Rights in the case of insignificant defects
In the case of an insignificant defect, you are only entitled to the right to an appropriate reduction of the purchase price under exclusion of the right of withdrawal.
6.4 Compensation for defects
No warranty is given for damages that are due to improper handling or use. The following exclusion of liability is expressly referred to.
6.5 Limitation period
For used goods the warranty is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB. The shortening of the statute of limitations expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
7. Rights to catalogues, drawings and models
The contents of the catalogues, drawings, models and other documents produced by us, including all authorised copies, are our real and intellectual property. The reprinting of the catalogues and drawings as well as the reproduction of the models, even in extracts, is only permitted with our consent.
Information about processing and application possibilities of the products sold by us as well as technical advice and other information are given to the best of our knowledge and belief. The exclusion and reservation of liability from the following regulations also applies in this respect.
8.2 Exclusion of liability
We and our legal representatives and vicarious agents shall only be liable for intent. Only if essential contractual obligations (consequently such obligations whose observance is of particular importance for achieving the purpose of the contract) are affected, shall we also be liable for gross or slight negligence. In this case, liability shall be limited to foreseeable damage typical for the contract.
8.3 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
9 Data protection
Personal data collected and processed by us within the scope of the conclusion and execution of the contract serve exclusively to justify the contract, to formulate its content, and to execute or process the contractual relationship (Art. 6 I b DSGVO). As a matter of principle, they are not passed on to third parties. The data will only be passed on to the shipping company commissioned with the delivery for the fulfilment of the contract if this is necessary for the delivery of ordered goods. To process payments, the required payment data will be passed on to the credit institution commissioned with the payment and, if applicable, to the commissioned and selected payment service provider. Personal data is therefore only used to the extent necessary or if we are obliged to do so by law or by court order or, if necessary, to prevent misuse contrary to the General Terms and Conditions in a lawful manner.
After the end of the purpose for which the data was collected, we only store your personal data for as long as this is required by law (especially tax law).
9.3 Your rights in relation to your data
You can request information from us as to whether we process personal data about you and, if this is the case, you have a right to information about this personal data and to the further information mentioned in Art. 15 DSGVO.
9.3.2 Right of rectification
You have the right to rectify any inaccurate personal data concerning you and, in accordance with Article 16 of the DSGVO, you may request the completion of incomplete personal data.
9.3.3 Right of deletion
You have the right to demand that we delete personal data relating to you without delay. We are obliged to delete them immediately, in particular if one of the following reasons applies:
- Your personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- You revoke your consent on which the processing of your data was based and there is no other legal basis for the processing.
- Your data have been processed unlawfully.
The right to deletion does not exist insofar as your personal data is necessary for the assertion, exercise or defence of our legal claims.
9.3.4 Right to limit processing
You have the right to request us to limit the processing of your personal data if
- you dispute the accuracy of the data and we therefore check the accuracy,
- the processing is unlawful and you refuse to delete it and instead request that its use be restricted
- we no longer need the data, but you need it to assert, exercise or defend legal claims,
- you have lodged an objection to the processing of your data and it is not yet clear whether our legitimate reasons outweigh your reasons.
9.3.5 Right to transfer data
You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format and you have the right to transfer this data to another controller without hindrance by us, provided that the processing is based on consent or a contract and that the processing is carried out by us using automated procedures.
9.3.6 Right of revocation
If the processing of your personal data is based on consent, you have the right to revoke this consent at any time.
9.3.7 General and right of appeal
The exercise of your above rights is generally free of charge for you. You have the right to contact the data protection supervisory authority responsible for us directly in the event of complaints.
9.4 Responsible office / contact to data protection
To contact us regarding data protection, you are welcome to use the following contact options.responsible person in terms of the DSGVO:
Unteren Ried 3075382
represented by their managing directors:
Mr Christian Püschel
Mr Dirk Nittel
Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, a legal entity under public law or a special fund under public law or if you have no place of jurisdiction in the Federal Republic of Germany.
Choice of law
As far as there are no mandatory legal provisions according to your home country’s law, German law shall be deemed to be agreed, excluding the UN Convention on Contracts for the International Sale of Goods.
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.