1. Scope of application

1. Offers, orders, deliveries and services of KTS-Electronic GmbH & Co. KG are carried out exclusively on the basis of these General Terms and Conditions.
2. These General Terms and Conditions apply to all current and future business relations. They remain valid for the duration of the business relationship, so that it is not necessary to send them again for every individual transaction.
3. Differing, conflicting or additional conditions shall not become part of the contract unless their application has been agreed to in writing.

2. Prices

1. The agreed prices are based on the VAT rate applicable on the day of delivery.

3. Payment

1. The purchase price is due upon ordering and must be paid before delivery.
2. The customer is not entitled to offset own claims unless such claims are legally established or undisputed.

4. Delivery and transfer of risk

1. An obligation to deliver on a specific delivery date only exists if this has been agreed by both parties.
2. In the event of a delay in delivery, the contractual partner must grant an appropriate extension period of at least two weeks.
3. The delivery period shall be extended appropriately if the customer is responsible for the delay.
4. Unless a specific delivery clause has been agreed in the contract, the goods shall be deemed delivered from the point in time at which they are ready for collection. The risk passes to the customer upon delivery of the goods.
5. If the seller agrees to ship the goods at the buyer’s request, the risk passes to the customer when the goods are handed over to the first carrier.

5. Reservation of proprietary rights

1. We retain ownership of the goods until full and final payment has been received.
2. As long as the goods have not yet become the customer’s property, the customer is obliged to handle them with care. In particular, high-value goods must be insured at replacement value against fire, water damage and theft.

6. Warranty

1. We grant a two-year warranty on all goods delivered by us.
2. The contractual partner should inspect the delivery immediately after receipt. If any defects are found, they must be reported to us in writing without delay, at the latest within two weeks. The rejected goods must be made available to us for inspection.
3. Within the scope of the warranty, the contractual partner is entitled to request the rectification of defects. If rectification is not possible, the contractual partner may request the delivery of defect-free goods.
4. The warranty claim expires in the event of inappropriate treatment, gross negligence or if structural modifications have been made to the goods.
5. In the case of unjustified complaints, we reserve the right to charge a flat fee of 20% of the invoiced amount for the expenses incurred. This may include inspection, customs, re-storage and return shipment costs. The amount of damage may be assessed higher or lower if the seller can prove higher damage or the customer can prove lower damage.

7. Liability

1. The seller’s liability in the case of slight negligence is excluded. This does not apply in the case of culpable breach of essential contractual obligations or culpable injury to life, body or health. In cases of slight negligence, the seller is only liable for direct losses that are foreseeable and typical for this type of contract.
2. Claims for lost profits, missed savings, collateral damage and consequential damages are excluded.

8. Copyright and property rights

1. The contractual partner is not permitted to duplicate, copy or modify delivered hardware, software or technical information.

9. Place of fulfilment, jurisdiction and applicable law

1. The place of fulfilment and exclusive place of jurisdiction for all claims and legal disputes arising from this contractual relationship is our business location in Moerfelden-Walldorf, Federal Republic of Germany.
2. This contract and the entire legal relationship between the parties are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding reference to the conflict-of-law provisions of German law.

10. Severability clause

1. If individual provisions of these terms are or become invalid, or if the contract contains an omission, the validity of the remaining provisions shall remain unaffected. In place of the invalid or missing provision, a provision shall apply that comes as close as possible to the economic purpose of the original provision.