Terms and ConditionsGeneral Sales and Delivery Terms

1.1 These General Sales and Delivery Terms apply only to business customers, not to consumers.

1.2 All our deliveries and services are provided exclusively under these General Sales and Delivery Terms. We do not accept any conflicting, deviating, or supplementary conditions from the customer unless we have expressly agreed to their application.

1.3 Our General Sales and Delivery Terms also apply to future transactions, even if we do not explicitly refer to them in individual cases.

2.1 Our offers are non-binding and subject to change unless explicitly stated as a binding offer.

2.2 The order is governed by our written order confirmation. The order confirmation may also be provided by sending an invoice with the goods. If the customer has objections to the content of the order confirmation, they must raise them without undue delay. Otherwise, the contract is concluded in accordance with the order confirmation.

3.1 The delivery and performance period is based on the agreements made in the order confirmation. Compliance with the deadline assumes that all commercial and technical questions have been clarified and the customer has fulfilled all their obligations. If this is not the case, the delivery and performance period is extended accordingly.

3.2 The delivery deadline is met if the goods have left the factory by its expiration.

3.3 We are not responsible for delays in delivery or performance due to force majeure or unforeseeable and non-negligent events that significantly impede or prevent delivery or performance, even if binding deadlines or dates have been agreed. Such events entitle us to postpone delivery or performance by the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than three months, the customer is entitled to withdraw from the contract after setting a reasonable grace period. In this case, the customer’s claims for damages are excluded.

3.4 If we are in default of delivery, we are liable for the delay damage incurred by the customer in cases of gross negligence. In cases of slight negligence, our liability for proven delay damages is limited to compensation of 0.5% per completed week of delay, up to a maximum of 5% of the price for the part of the delivery that could not be used as intended due to the delay.

4.1 Shipping and transport of the goods are at the customer’s expense and risk. The risk of accidental loss or deterioration of the goods passes to the customer as soon as the goods leave our premises. This also applies if, in individual cases, we have agreed to ship the goods carriage paid. It is the customer’s responsibility to take out transport insurance. If shipping is delayed due to circumstances for which the customer is responsible, the risk passes to the customer from the date the goods are ready for dispatch.

4.2 If we select the shipping method, route, or carrier, we are only liable for gross negligence in the respective selection.

4.3 We are entitled to make partial deliveries if this is not unreasonable for the customer.

4.4 Returns or reverse shipments are only accepted after prior approval by our sales department. Returned goods will be credited minus a 10 % restocking fee.

5.1 The prices stated in the order confirmation are binding. These prices apply ex works and do not include packaging, freight, postage, insurance, customs duties, other expenses, or statutory VAT.

5.2 If, after conclusion of the contract and before execution of the order, unforeseeable cost increases occur for us — e.g., due to increases in labor or material costs or the introduction or significant increase of taxes or customs duties — we are entitled to adjust the prices in line with the changed circumstances without calculating additional profit. This does not apply if we are in default of delivery.

5.3 We are entitled to execute outstanding deliveries or services only against advance payment or security if, after conclusion of the contract, circumstances become known to us that are likely to significantly impair the customer’s creditworthiness or jeopardize the payment of our outstanding claims. In such cases, we may also prohibit the further sale and processing of goods delivered under retention of title.

The customer may only set off against a claim that is undisputed or has been legally established. The customer is only entitled to assert a right of retention if it is based on the same contractual relationship.

7.1 Upon receipt, the customer must check each delivery for completeness and packaging damage. Complaints must be submitted to us without delay in writing. The customer must arrange for a record of the facts to be made by the carrier.

7.2 The customer is obliged to inspect the delivered item without delay and to notify us of any detectable defects without delay in writing. The obligation to inspect and notify also extends to discrepancies in quantity and identity. Hidden defects must be notified in writing without delay after their discovery. The customer is obliged to return the delivered item for which defects have been reported to us upon our request.

8.1 If a defect is our responsibility, we are entitled to remedy the defect by either rectifying it or delivering a defect-free item at our discretion. If we refuse to remedy the defect, if the remedy fails, or if it is unreasonable for the customer, the customer may assert further statutory rights. An insignificant reduction in value or suitability is not considered. The provisions under No. 10 apply to claims for damages due to defects.

8.2 The customer must allow us the necessary time and opportunity to carry out any remedial work and replacement deliveries we deem necessary; otherwise, we are released from liability for the consequences arising therefrom. Only in urgent cases of endangering operational safety or to prevent disproportionately large damages is the customer entitled to rectify the defect themselves or through third parties and demand reimbursement of the necessary expenses from us.

8.3 The customer’s warranty claims expire 12 months after delivery of the item. However, the statutory limitation periods apply to items that have been used in a structure in accordance with their usual purpose, in cases of fraudulent concealment of a defect, and in the case of the contractor’s recourse.

8.4 The following are excluded from warranty:

• improper use, such as overloading the machine or using non-approved tools
• use of force, damage caused by external influences or foreign objects (e.g. sand or stones)
• damage resulting from failure to observe the operating instructions, e.g. connection to an incorrect voltage or type of current
• normal wear and tear, e.g. on flexible shafts or gears
• partially or completely disassembled machines

When asserting a warranty claim, the original sales receipt with the date of purchase must be enclosed.

Returns of regularly ordered goods may only be made after consultation with Kammerer GmbH. A restocking fee of 10 % of the goods' value will be charged.

10.1 We are liable for intent and gross negligence. For slight negligence, we are only liable if essential contractual obligations arising from the nature of the contract are violated or if their violation jeopardizes the achievement of the contract's purpose. Otherwise, claims for damages by the customer, regardless of the legal grounds, are excluded in cases of slight negligence.

10.2 The above limitation of liability does not apply to claims under the Product Liability Act, or in the event of injury to life, body, or health. In the case of claims for damages due to material defects, the limitation of liability also does not apply if we have fraudulently concealed a defect or have provided a guarantee.

10.3 Claims for damages in connection with material defects expire 12 months after delivery of the item. In the cases mentioned under 8.3, in cases of intent, gross negligence, culpable injury to life, body, or health, as well as claims under the Product Liability Act, the statutory limitation period applies.

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12.1 We retain ownership of all goods delivered by us until full payment of all claims from existing contracts has been received. Claims include cheque and bill of exchange claims as well as claims from current accounts. If liability on our part arises from a bill of exchange in connection with payment, the retention of title shall only expire once our liability under the bill of exchange is excluded.

12.2 If the customer is in default of payment or if it becomes apparent that our payment claims are at risk due to the customer's lack of financial capacity, we are entitled to demand the return of the goods based on the retention of title.

12.3 In the event of seizures or other interventions by third parties, the customer must notify us immediately. The customer bears all costs incurred to lift the seizure and recover the delivered item, unless these costs can be recovered from the third party.

12.4 The customer is entitled, subject to revocation for important reasons, to dispose of the delivered item within the scope of proper business operations. In particular, security transfers and pledges are not permitted. The customer may only pass on goods subject to retention of title to the purchaser if the customer is not in default with their obligations towards us. In the event of resale, the customer hereby assigns all claims arising from the resale, in particular payment claims but also other claims related to the sale, to us in the amount of our final invoice amount (incl. VAT).

12.5 If the retention of title or the assignment of claims should be invalid or unenforceable due to mandatory foreign legal provisions, the security corresponding to the retention of title or the assignment of claims in this area shall be deemed agreed. If the customer's cooperation is required for this, they must take all measures necessary to establish and maintain the security.

13.1 Unless otherwise agreed, the place of performance for delivery, payment, and all other obligations arising from the contractual relationship is our registered office.

13.2 The place of jurisdiction for all legal disputes arising from the contractual relationship, including its formation and validity, shall be the registered seat of our company for both parties, provided the customer is a merchant or a legal entity under public law. At our discretion, we may also bring the action at the customer’s registered seat.

13.3 The contractual relationship is governed by German law. For transactions with customers abroad, the United Nations Convention on Contracts for the International Sale of Goods (CISG) applies.