General terms of delivery and payment

1. The legal relationship between CONTA-CLIP Verbindungstechnik GmbH (hereinafter referred to as "CONTA-CLIP") and the customer shall be governed exclusively by these General Terms and Conditions of Delivery and Payment (hereinafter referred to as "Terms and Conditions") for all deliveries and/or services provided by CONTA-CLIP. The customer's general terms and conditions only apply if CONTA-CLIP has expressly agreed to them in writing. These Terms and Conditions also apply to all future legal relationships between CONTA-CLIP and the customer.
2. The documents belonging to CONTA-CLIP's offers, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. CONTA-CLIP reserves the right of ownership and copyright to cost estimates, drawings and other documents and data, irrespective of the form in which they are embodied. These documents may not be made accessible to third parties without CONTA-CLIP's consent.
3.  The customer has the non-exclusive right to use standard software and firmware with the agreed performance features in unchanged form on the agreed devices. The Customer may make a backup copy of the standard software without express agreement.
4. The term "claims for damages" in these terms and conditions also includes claims for reimbursement of futile expenses.

1. All offers are subject to change.
2. The order confirmation from CONTA-CLIP alone is decisive for the scope of delivery. Partial deliveries are permitted insofar as this is reasonable for the customer. If the delivery item is a customised special design, CONTA-CLIP is entitled to make excess or short deliveries of up to 10% of the ordered quantity for manufacturing reasons.
3. The customer may only assign claims against CONTA-CLIP with CONTA-CLIP's consent. This does not apply to payment claims of the customer.

1.  All prices are ex works excluding packaging plus the applicable statutory value added tax.
2. Packaging, loading, freight and insurance costs as well as assembly costs and commissioning costs shall be invoiced additionally. In addition to the agreed remuneration, the costs of installation or assembly shall also include all necessary ancillary costs such as travelling and transport costs as well as allowances. CONTA-CLIP reserves the right to make surcharges when packaging units are opened.
3. For a minimum order value of up to EUR 75.00 net per order, CONTA-CLIP will charge a processing fee of EUR 10.00 and discounts and agreed special prices will not be granted.
4. CONTA-CLIP is bound to the prices agreed for an order for four months from the conclusion of the contract. If longer periods have been agreed for the provision of the delivery or service, CONTA-CLIP is entitled to make a pro rata surcharge for the cost increase that has occurred in the event of an increase in material or labour costs on the basis of the original price calculation.
5. The assertion of offsetting and retention rights by the customer is only permitted with undisputed or legally established claims.

1. Compliance with deadlines by CONTA-CLIP is subject to the timely receipt of all documents to be supplied by the customer, necessary authorisations and approvals, in particular of plans, as well as compliance with the agreed terms of payment and other obligations by the customer. If these requirements are not met in good time, the deadlines shall be extended accordingly; this shall not apply if CONTA-CLIP is responsible for the delay.
2.  If non-compliance with the deadlines is only due to force majeure, e.g. mobilisation, war, riot or similar events, e.g. strike, lockout, pandemic, the deadlines shall be extended accordingly. The same applies in the event that CONTA-CLIP is not supplied on time or properly, if CONTA-CLIP is not responsible for this.
3.  If CONTA-CLIP is in default, the customer may - provided it has credibly demonstrated that it has suffered damage as a result - demand compensation for each completed week of delay of 0.5 per cent, but no more than a total of 5 per cent of the price for the part of the deliveries that could not be put to the intended use due to the delay. Section XI shall apply to any further claims for damages.
4. &nbspIf dispatch or delivery is delayed by more than one month after notification of readiness for dispatch at the Purchaser's request, the Purchaser may be charged storage costs of 0.5 per cent of the price of the items of the Supplies for each additional month or part thereof, but in no case more than a total of 5 per cent. The contracting parties shall be at liberty to prove higher or lower storage costs.

1. The risk shall pass to the customer as follows, even in the case of carriage paid delivery:
2. in the case of deliveries without installation or assembly, when they are dispatched or collected. At the customer's request and expense, CONTA-CLIP will insure deliveries against the usual transport risks;
3. in the case of deliveries with installation or assembly, on the day of acceptance at the customer's own premises or, if agreed, upon acceptance.
4. If dispatch, delivery, the start or performance of installation or assembly, acceptance at the customer's own premises or trial operation is delayed for reasons for which the customer is responsible or if the customer is in default of acceptance for other reasons, the risk shall pass to the customer upon the occurrence of the delay.

1. Claims of the customer due to defects presuppose that the delivery item does not have the contractually agreed quality or, if no such quality has been agreed, is not suitable for the use stipulated in the contract or for the usual use. In the case of delivery items which are manufactured on the basis of special specifications of the customer, the delivery item is free of defects if it corresponds to the drawing approved by the customer.
2. CONTA-CLIP hereby assigns its claims against suppliers of essential third-party products to the customer. The customer can only hold CONTA-CLIP liable for defects in essential third-party products if a previous out-of-court claim against the third-party suppliers was unsuccessful.
3. &nbspThe products are delivered free of manufacturing and material defects. Should the delivered products nevertheless exhibit defects, the customer must report these in writing immediately, but at the latest within eight days of receipt of the delivery. Defects that cannot be discovered within this period, even after careful inspection, must be reported to us in writing immediately after discovery. CONTA-CLIP does not waive the defence that the complaint was not made in good time, was factually unfounded or otherwise inadequate by negotiating any notices of defects. In the event of justified notices of defects, CONTA-CLIP has the right to choose between repair or replacement within a reasonable period of time. If the subsequent fulfilment fails, the customer may reduce the price or - if the lack of conformity is not only minor - withdraw from the contract. In addition, he may be entitled to demand compensation for damages or reimbursement of expenses. If the customer cancels the contract, it must return the delivery item to CONTA-CLIP and - irrespective of other claims - pay an appropriate fee for the period of use in the amount of the usual rent.
4. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the delivery item has subsequently been moved by the customer or a third party to a location other than the place of delivery, unless the relocation corresponds to the intended use of the delivery item or was agreed with CONTA-CLIP when the contract was concluded.                                                                                                          Any transport costs incurred in the course of subsequent fulfilment shall be borne by the Customer.
5. Claims of the Customer due to defects shall become time-barred after 12 months beginning with the handover of the delivery item. This shall not apply insofar as the law in §§ 438 Para. 1 No. 2, 479 Para. 1 and 634 a Para. 1 No. 2 BGB prescribes longer periods, namely for buildings and items for buildings, recourse claims and construction defects.
6. Claims for damages due to defects shall be limited as follows: We shall not be liable for slightly negligent breach of insignificant contractual obligations. For example, there shall be no claims for defects in the event of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear or damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, which are not provided for under the contract. Liability for consequential damages is excluded except in cases of intent, gross negligence or breach of essential contractual obligations. If CONTA-CLIP's operating, maintenance or assembly instructions are not followed, changes are made to the products, parts are replaced or consumables are used that do not comply with the original specifications, claims for defects in the products shall lapse. Insofar as CONTA-CLIP is liable for consequential damages, liability is limited to foreseeable damages that cannot be attributed to exceptional circumstances. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may rely.
7. The above limitation of liability does not limit the customer's claims for bodily injury or damage to health attributable to CONTA-CLIP or in the event of loss of life of the customer or its vicarious agents. The customer's claims under the Product Liability Act and claims under a guarantee given by CONTA-CLIP and fraudulent concealment of a defect also remain unaffected. With regard to these claims, the statutory limitation periods shall apply.
8. The customer's right of recourse against CONTA-CLIP pursuant to § 478 BGB (recourse of the entrepreneur) shall only exist insofar as the customer has not made any agreements with his customer that go beyond the statutory claims for defects. For the scope of the customer's right of recourse against CONTA-CLIP pursuant to § 478 para. 2 BGB, the above clause 4 shall also apply accordingly.

1. Unless otherwise agreed, CONTA-CLIP is obliged to provide the delivery free of industrial property rights and copyrights of third parties (hereinafter referred to as "property rights") only in the country of the place of delivery. If a third party raises justified claims against the customer due to the infringement of property rights by deliveries made by CONTA-CLIP and used in accordance with the contract, CONTA-CLIP is liable to the customer within the periods specified in Section VIII. 5 as follows:
2. CONTA-CLIP will, at its own discretion and at its own expense, either obtain a right of use for the deliveries in question, modify them so that the property right is not infringed or replace them. If this is not possible for CONTA-CLIP under reasonable conditions, the Customer shall be entitled to the statutory rights of withdrawal or reduction.
3. CONTA-CLIP's obligation to pay damages shall be governed by Section VIII. 6.
4. The above obligations of CONTA-CLIP shall only apply if the Customer notifies CONTA-CLIP immediately in text form of the claims asserted by the third party, does not acknowledge an infringement and leaves all defence measures and settlement negotiations to CONTA-CLIP's discretion. If the customer ceases to use the delivery in order to minimise damages or for other important reasons, it is obliged to point out to the third party that the cessation of use does not constitute an acknowledgement of an infringement of property rights.
5. Claims by the customer are excluded if it is responsible for the infringement of property rights. Claims of the customer are also excluded if the infringement of property rights is caused by special specifications of the customer, by an application not foreseeable by CONTA-CLIP or by the fact that the delivery is modified by the customer or used together with products not supplied by CONTA-CLIP GmbH.

1. The customer undertakes to indemnify CONTA-CLIP against the requirements of § 19 I 1 ElektroG (take-back by the manufacturer) and associated third-party claims. He must dispose of the purchased goods himself and at his own expense in accordance with the statutory provisions.
2. If the customer passes on the purchased goods to commercial third parties without a contractual obligation to assume the disposal obligations, it is his responsibility to carry out the proper disposal after the end of use and to take back the goods at his own expense.
3. The claim to indemnification by CONTA-CLIP expires seven years after the end of use of the delivered goods. The period begins at the end of the year in which the claim arose. It is independent of CONTA-CLIP's knowledge.

1. The following limitations apply to contractual and non-contractual (tortious) liability and to liability due to culpa in contrahendo on the part of CONTA-CLIP. The burden of proof for the limitation of liability or exclusion of liability lies with CONTA-CLIP.
2. CONTA-CLIP is not liable for the slightly negligent breach of insignificant contractual obligations. In the event of a slightly negligent breach of material contractual obligations, the claim for damages shall be limited to the foreseeable damage typical of the contract, up to a maximum of EUR 5 million per claim, even if it is a breach of material contractual obligations. In the event of a grossly negligent breach of non-essential contractual obligations, CONTA-CLIP shall be liable for foreseeable damage typical of the contract. In the event of a slightly negligent breach of duty due to default, liability shall be limited to 5% of the agreed net price.  Material contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may rely. 
3. A limitation of liability shall not apply if we are liable for injury to life, limb or health. 
4. Contingent claims of the Customer under the Product Liability Act shall not be affected by the above limitations of liability.   With regard to the limitation period, Section VIII shall apply accordingly.

1. The place of fulfilment for all obligations arising from the contractual relationship is Hövelhof.
2. &nbspThe place of jurisdiction for all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, is Hövelhof. However, CONTA-CLIP is free to appeal to the court responsible for the customer's registered office.
3. German law shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Convention/CISG) is excluded.

The data protection information on the homepage applies: www.CONTA-CLIP.com