General Terms and Conditions (GTC) of AFS Kabelmontagen GmbH

1. General Provisions

Our terms of delivery and payment shall apply exclusively. By placing an order, the customer agrees to these terms, which shall also apply to future transactions, even if not expressly referenced, provided they were previously made available to the customer.

If an order is placed under conditions deviating from our terms, only our terms shall apply, even if we do not expressly object. Deviations shall only be valid if expressly confirmed by us in writing.

2. Contract Initiation and Conclusion, Offers, Orders

2.1 Offers made by the contractor are non-binding and constitute an invitation for the client to submit a contract offer. A contract (hereinafter referred to as “Order”) is concluded upon the client’s order (offer) and the contractor’s acceptance. If the acceptance deviates from the order, it shall be considered a new non-binding offer by the contractor.

2.2 By placing an order, the client declares binding intent to receive the ordered services and accepts these GTC, including for future contracts, even if not expressly referenced.

2.3 The client must immediately review the contractor’s order confirmation. If no formal confirmation is issued, the same shall apply accordingly to partial or final invoices.

2.4 The assurance of specific characteristics or suitability for a particular purpose, as well as the granting of a guarantee, shall only be binding if confirmed in writing by the contractor.

2.5 Any advisory or support services are provided to the best of the contractor’s knowledge.

3. Remuneration, Payment, Default, Set-Off, Retention, Assignment

3.1
(a) The client shall pay the agreed remuneration.
(b) Prices are exclusive of statutory VAT unless reverse charge (§13b UStG) applies.
(c) The contractor is entitled to request advance payments corresponding to completed partial services.

3.2 Unless otherwise agreed, payment is due within 7 days without deduction from the statutory due date. Any agreed discount is only valid if payment is received within the discount period and no other claims are outstanding.

3.3 Set-off by the client is excluded unless counterclaims are undisputed or legally established. The right of retention is excluded unless based on the same contractual relationship or legally established claims.

3.4 The commercial right of retention pursuant to § 369 HGB shall not apply to the client.

3.5 The contractor may assign claims arising from the contract. The client may not assign claims without consent. § 354a HGB remains unaffected.

3.6 In case of default, all outstanding claims become immediately due. Default interest shall be 8 percentage points above the base interest rate (§ 247 BGB). Further legal claims remain unaffected.

4. Delivery, Acceptance, Transfer of Risk

4.1 Execution deadlines commence only after receipt of all necessary documents and information from the client.

4.2 A fixed delivery period is considered met if services are rendered before expiry.

4.3 Acceptance shall be carried out according to agreement or statutory provisions. In case of delayed acceptance, payment becomes immediately due.

4.4 Transfer of risk is governed by statutory provisions.

5. Retention of Title

5.1 Goods remain the contractor’s property until full settlement of all claims arising from the business relationship.

5.2 The client may resell goods in the ordinary course of business but may not pledge or assign them as security.

5.3 Processing or combination of goods results in co-ownership proportional to value.

5.4 Withdrawal from the contract is not required to enforce retention rights unless the debtor is a consumer.

6. Warranty and Guarantee

6.1 The client must inspect and report defects in writing without delay (analogous to § 377 HGB).

6.2 Obvious defects must be reported within 2 weeks after acceptance.

6.3 The contractor may remedy defects by repair or replacement at its discretion. If unsuccessful after a reasonable period, the client may reduce payment or withdraw from the contract.

6.4 Claims for damages remain subject to Section 7.

7. Liability

The contractor shall only be liable for damages as follows:

7.1 Full liability for intent and gross negligence.

7.2 For guaranteed characteristics, liability is limited to foreseeable typical damages.

7.3 In case of simple negligence of essential contractual obligations, liability is limited to foreseeable typical damage.

7.4 No liability for simple negligence of non-essential obligations.

7.5 No limitation applies to product liability claims or damages to life, body, or health.

8. Place of Performance, Jurisdiction, Governing Law

8.1 German law shall apply exclusively.

8.2 Place of jurisdiction is, at our discretion, the company’s registered office or Frankfurt am Main.

8.3 If any clause is invalid, the validity of the remaining provisions shall remain unaffected.