{"id":6041,"date":"2019-03-26T08:18:58","date_gmt":"2019-03-26T07:18:58","guid":{"rendered":"https:\/\/sapigmbh.de\/agb\/"},"modified":"2026-10-23T09:25:10","modified_gmt":"2026-10-23T07:25:10","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/sapigmbh.com\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"

[vc_row][vc_column width=”1\/2″][vc_column_text]1. General<\/strong>
\n1.1<\/strong> The following terms and conditions apply to all our consultations, offers, sales, deliveries and services and to the entire present and future legal relationship between us and our customer, unless otherwise agreed in writing. We hereby expressly object to any purchasing conditions of our customer that conflict wholly or partly with our terms and conditions or with statutory provisions. They shall not become part of the contract even if we carry out the delivery or work in the knowledge of conflicting conditions.
\n1.2<\/strong> In addition, the contractual relationships shall be governed exclusively by German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
\n1.3<\/strong> Agreements of any kind made orally, by telephone or by telex shall only become legally binding upon our written confirmation.
\n1.4<\/strong> Our offers are always subject to change and non-binding. Contracts, including those concluded at trade fairs or by our representatives, shall only come into effect in accordance with our written order confirmation.
\n1.5<\/strong> The properties of the subject matter of the contract are described exclusively in our offers, order confirmations and the associated documents, without this constituting a guarantee within the meaning of \u00a7 443 BGB (German Civil Code).<\/p>\n

2. Prices<\/strong>
\n2.1<\/strong> Unless expressly agreed otherwise, our prices for deliveries apply ex works, loaded free on lorry\/wagon, excluding VAT and packaging.
\n2.2<\/strong> If, after conclusion of the contract, the basis of calculation changes due to higher wage and material costs, an increase in VAT or other circumstances, in particular technically justified changes in calculation, we are entitled to increase the contract price in reasonable proportion to the change in the basis of calculation that has occurred. This also applies to call-off orders. This does not apply if our customer is a consumer within the meaning of \u00a7 13 BGB and our delivery is made within 4 months of conclusion of the contract.<\/p>\n

3. Deliveries and delivery periods<\/strong>
\n3.1<\/strong> Delays shall not be at our expense if our customer fails to fulfil its obligations to cooperate, or fails to do so in good time, in particular if it is responsible for providing official permits, execution drawings, documents specifying the subject matter of the contract, clarification of all technical details and down payments, or for making down payments.
\n3.2 If, after conclusion of the contract, there are indications that our customer’s ability to perform is at risk, such as default in payment or suspension of payments, an application for the opening of insolvency proceedings, transfer of current assets by way of security, or unfavourable information from banks, credit institutions or credit insurers, we are entitled to refuse our performance and, after an unsuccessful deadline for the provision of security in the form of directly enforceable bank sureties, bank guarantees or advance payment, to withdraw from the contract and\/or claim damages, even if the customer’s financial situation was already the same when the contract was concluded. Setting a deadline is not necessary if the risk to our customer’s ability to perform is evident.
\n3.3<\/strong> Our confirmed delivery periods are non-binding dispatch dates. In the case of divisible deliveries we are entitled to make partial deliveries and, subject to corresponding prior notice, also to deliver early.
\n3.4<\/strong> In the case of call-off orders, a reasonable delivery period shall be deemed agreed, which may not be less than 6 weeks after call-off. If production and acceptance dates have not been agreed, we may demand a binding determination thereof no later than 3 months after the order confirmation. If our customer does not comply with this demand within 3 weeks of our corresponding letter being sent, we are entitled to set a grace period of 2 weeks and, after its unsuccessful expiry, to claim damages and\/or withdraw from the unfulfilled part of the contract. The same applies if, after expiry of the delivery period, the subject matter of the contract or parts thereof have not been accepted (see also Sections 4.3 to 4.5).
\n3.5<\/strong> Insofar as circumstances for which we are not responsible make the execution of accepted orders more difficult, delay it or make it impossible, we are entitled to postpone the delivery, remaining delivery or partial delivery by the duration of the hindrance or to withdraw from the contract in whole or in part, without the customer being entitled to claims for damages. Circumstances for which we are not responsible include, for example, official intervention, operational disruptions, strikes, lockouts, work disruptions caused by political or economic conditions, lack of necessary raw materials and supplies, material shortages, energy supply difficulties, transport delays due to traffic disruptions, or unavoidable events occurring at our premises, at our sub-suppliers or in third-party companies on which the maintenance of our own operations depends. The foregoing also applies if these events occur at a time when we are in default.
\n3.6<\/strong> Our customer may only set us a grace period for delivery once the agreed delivery period has been exceeded by more than 2 weeks. This grace period must be reasonable and amount to at least 3 weeks. After the grace period has expired without result, our customer may withdraw from the contract. A claim for damages against us due to breach of duty is excluded unless we have acted with at least gross negligence or personal injury has occurred.<\/p>\n

4. Shipment and transfer of risk<\/strong>
\n4.1<\/strong> The subject matter of the contract is shipped by us from the manufacturer’s or supplier’s works at the risk of our customer, even if the freight and other costs are borne by us. In the absence of a special agreement, we are free to choose the method of shipment. Loading and transport are carried out on the basis of the general terms of the forwarding agents and\/or carriers applicable to the respective loading or transport. We shall only insure the subject matter of the contract against transport damage on express written instruction and at the expense of our customer.
\n4.2<\/strong> If collection has been agreed and does not take place within 8 days of the agreed date, we may ship the goods using a method of shipment that appears favourable to us, at the expense of our customer.
\n4.3<\/strong> The risk passes to our customer upon handover of the subject matter of the contract to our customer, the first carrier or forwarding agent. This also applies to individual partial deliveries and if we have assumed the shipping costs.
\n4.4<\/strong> If shipment is delayed at the request of our customer or if there is default of acceptance, the risk passes upon notification of readiness for shipment. The subject matter of the contract is then stored in the name and at the expense of our customer. In these cases, the provision in Section 7.3 applies accordingly.<\/p>\n

5. Retention of title<\/strong>
\n5.1<\/strong> The subject matter of the contract remains our property until all our claims against our customer, including future claims, have been paid in full. This also applies to payments on specifically designated claims until any current account balance has been settled.
\n5.2<\/strong> The goods subject to retention of title must be stored properly and separately from other goods at the expense of our customer, specially marked at our request and insured against damage, destruction and loss. Our customer shall present the corresponding policy to us on request. Our customer hereby assigns to us in advance its claims under the insurance contracts in the amount of the value of the goods subject to retention of title and consents to payment being made to us. We are entitled to take back the goods subject to retention of title and, if necessary, to have persons commissioned by us enter our customer’s business and premises for this purpose. Printing, punching or embossing pieces and special fixtures that we manufacture remain our property.
\n5.3<\/strong> Our customer is entitled, revocably at all times and as long as it fulfils its obligations towards us as agreed, to sell our goods subject to retention of title in the ordinary course of business. In this case, or in the event of delivery of the goods subject to retention of title to a third party, irrespective of their value or condition, or in the event of installation, the customer hereby assigns to us now, until all our claims arising from these deliveries have been settled in full, the claims against its purchaser arising from the sale, delivery or installation, together with all ancillary rights, including any claims for damages arising therefrom, in the amount of the invoice value of our deliveries. We hereby accept the assignment. Our customer is obliged to provide us on request with the names and addresses for service of the third-party debtors, the amounts of the claims, their dates and due dates, etc.
\n5A<\/strong> If our goods subject to retention of title are processed, treated, mixed or transformed, the processing, treatment, mixing or transformation is carried out for us, but without any warranty. If the customer processes them with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of our goods subject to retention of title to the other processed items at the time of processing. If our goods subject to retention of title are mixed or blended with other items, we acquire co-ownership in proportion to the value that the goods subject to retention of title have at the time of combination.
\n5.5<\/strong> In the event of a prohibition of assignment in the case of resale, installation or default in payment, our customer is obliged to disclose the advance assignment to its third-party purchaser. If the goods subject to retention of title supplied by us are sold to a third party together with other items, our customer is obliged to itemise the invoice positions separately to that extent. Insofar as separate invoicing has not taken place, the portion of the total price claim corresponding to the invoice value of our delivery is assigned to us. The above retention of title also remains in force if individual claims of our customer against its third-party purchaser are included in a current account. In this case, our customer hereby assigns to us now the balance existing in its favour. If the customer is in default of payment, we are entitled to collect the assigned claim directly from the third-party debtor. .[\/vc_column_text][\/vc_column][vc_column width=”1\/2″][vc_column_text]5.6<\/strong> Extraordinary dispositions by our customer such as pledging, assignment by way of security and transfer of ownership of our goods subject to retention of title are not permitted. Our customer is obliged to notify us immediately if third parties gain access to the items and claims belonging to us, e.g. seizures and any other kind of impairment of our property. It shall bear the costs of a third-party action against enforcement if it is responsible for the access.
\n5.7<\/strong> If the value of the total security provided to us from the business relationship exceeds our claims by more than 20%, we are obliged to retransfer security to that extent at the request of our customer. The selection of the securities to be retransferred is made by us.<\/p>\n

6. Payments<\/strong>
\n6.1<\/strong> Unless otherwise agreed, invoices are payable in the agreed currency within 14 days of the invoice date without deduction. A cash discount is only granted by special agreement and is to be calculated on the invoice value ex supplying works.
\n6.2<\/strong> Payments are only deemed to have been made once we can definitively dispose of the amount. Bills of exchange and cheques are only accepted on account of performance and by special agreement. Discount and bill charges are in all cases borne by our customer. If payment by bill of exchange is agreed, the term of the bills should not exceed 90 days from the invoice date.
\n6.3<\/strong> Incoming payments are used, at our discretion, to settle the oldest or the least secured liabilities.
\n6.4<\/strong> Partial deliveries are invoiced immediately and each is due for payment individually, irrespective of the completion of the overall delivery. In the absence of any other written agreement, down payments on contracts are offset against the respective oldest partial deliveries.
\n6.5<\/strong> Set-off against counterclaims is only permitted if the counterclaims have been legally established, are ready for decision or have been acknowledged by us. The same applies to the assertion of rights of retention in respect of the amounts stated in our invoices.<\/p>\n

7. Damages and withdrawal<\/strong>
\n7.1<\/strong> If the customer fails to observe the agreed payment dates or the payment period pursuant to Section 6.1, we are entitled to the rights under \u00a7 288 BGB (claiming default interest). After the due date, the amounts owed shall bear interest at 5% above the respective rate charged by our bank for overdraft credit. We reserve the right to claim further damages. In addition, we are entitled to renegotiate payment terms for future services.
\n7 .2<\/strong> If our customer is in default of acceptance of the delivery or service or in default of payment, we are also entitled, after setting a reasonable grace period, to withdraw from the contract in whole or in part and\/or to claim damages in the amount of 20% of the purchase price, subject to proof of a more specific higher loss, in particular the costs of taking back the goods, unless the customer proves to us that the loss was lower. Setting a grace period is not required if, after conclusion of the contract, there are indications that our customer’s ability to perform is at risk within the meaning of Section 3.2.
\n7 .3<\/strong> In the event of default of acceptance pursuant to Section 7 .2, we are entitled, without prejudice to the rights under Sections 7.1 and 7.2, to charge a storage fee of \u20ac 10.00 per pallet per day as further lump-sum damages. The customer shall pay default interest on the value of the goods analogous to \u00a7\u00a7 286 to 288 BGB.<\/p>\n

8. Warranty<\/strong>
\n8.1<\/strong> The agreed properties of the subject matter of the contract owed by us result exclusively from the contractual agreements with our customer and not from other advertising statements, brochures, consultations and the like. This does not entail the assumption of a guarantee, e.g. within the meaning of \u00a7 443 BGB.
\n8.2<\/strong> We provide advice to the best of our knowledge on the basis of our experience, but to the exclusion of any liability, except in the case of intent or gross negligence. Information and statements regarding the suitability and application or use of the subject matter of the contract are non-binding unless they expressly constitute an agreed property within the meaning of Section 8.1. They do not release the customer from carrying out its own tests. 8.3 Otherwise, we are liable for defects, to the exclusion of further claims, as follows:
\na) Our customer is obliged to inspect the subject matter of the contract conscientiously and without delay upon receipt and, where necessary, to carry out random checks. Obvious defects must be notified in writing and in specific detail without delay after arrival and before use of the subject matter of the contract, but no later than within 8 days of receipt of the goods. Even in the event of a complaint, the customer is obliged to accept the subject matter of the contract. It must be stored properly and may only be returned at our express request.
\nb) Defects which are not initially recognisable even upon thorough inspection must be notified to us in the same manner without delay after their discovery. If a complaint is not made in the proper form and\/or in due time, the subject matter of the contract shall be deemed approved.
\nc) Our customer must give our representatives the opportunity to view and inspect the subject matter of the contract complained about. Otherwise, all warranty claims shall lapse.
\nd) Unless otherwise agreed in writing, we provide a warranty of 1 year from delivery for faultless material and professional manufacture (based on single-shift operation (8 hrs \/ day)), unless a mandatory longer statutory warranty period applies.
\ne) We provide no warranty for improper use and handling of the subject matter of the contract. Warranty claims also lapse in the event of damage to or destruction of the subject matter of the contract due to improper handling or storage after the transfer of risk. If the instructions or guidelines given by us, in particular the transport, storage and assembly guidelines contained in our product compendia and product information leaflets, are not observed, warranty claims of any kind against us shall lapse.
\nf) Customary deviations and\/or deviations in dimensions and material due to manufacturing technology do not entitle the customer to complain about the subject matter of the contract. For tolerances, DIN standards or our works standards apply, where available.
\ng) In the event of defects, we are entitled to subsequent performance. Our customer must grant us reasonable time and opportunity to remedy the defects. If this is refused, warranty claims of any kind against us shall lapse. If subsequent performance fails several times, our customer may also withdraw from the contract or demand a price reduction. Further claims against us or our representatives, on whatever legal grounds, are excluded unless we have acted with at least gross negligence or personal injury occurs. – \u00a7 439 II BGB remains unaffected.
\nh) There is no warranty for custom-made products manufactured according to the specifications, calculations or design documents of our customer, insofar as defects are based on these.<\/p>\n

9. Industrial property rights<\/strong>
\n9.1<\/strong> Drawings, tools, printing, punching or embossing pieces and special fixtures that we manufacture remain our property.
\n9.2<\/strong> If we are to deliver according to specifications, drawings, models or samples of our customer or using parts provided by our customer, the customer shall be liable for ensuring that the industrial property rights of third parties are not infringed thereby. Where applicable, we will inform our customer of rights known to us. Our customer shall indemnify us against all claims of third parties and compensate us for any damage incurred. Costs incurred by us up to that point shall be borne by our customer. If a third party prohibits us from manufacturing or delivering by invoking an industrial property right belonging to it, we are entitled to stop the work without examining the legal situation. Our customer shall bear the costs of any legal disputes.
\n9.3<\/strong> Drawings and samples provided to us which have not led to an order will be returned at the expense of our customer on request; otherwise we are entitled to destroy them 3 months after submission of our offer.
\n9.4<\/strong> The copyrights and, where applicable, industrial property rights to the models, moulds and fixtures, designs and drawings created by us or by a third party on our behalf belong to us, even if our customer has borne the costs thereof.<\/p>\n

10. Other provisions<\/strong>
\n10.1<\/strong> We are entitled to process the data received from our customer on the basis of the business relationship in accordance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz), and in particular also to transmit to the credit insurer the data required for credit insurance.
\n10.2<\/strong> The assignment of claims to which our customer is entitled against us from the business relationship is excluded.
\n10.3<\/strong> Should any of the above conditions be legally invalid, this shall not affect the validity of the other provisions and of the remainder of the contract. Invalid provisions or provisions that become invalid shall be replaced by provisions that aim to achieve the same economic result. Insofar as provisions have not become part of the contract, the content of the contract shall to that extent be governed by the statutory provisions.
\n10.4<\/strong> The place of performance for delivery and payment is M\u00f6ttingen.
\n10.5<\/strong> The place of jurisdiction in all cases, including for all future claims arising from the business, including those arising from bills of exchange, cheques and other documents, is the court responsible for our registered office in M\u00f6ttingen.[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n","protected":false},"excerpt":{"rendered":"

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