General terms and conditions
Status: September 2020
§1 General provisions
(1) These General Terms and Conditions (hereinafter referred to as “GTC” for short) shall apply to all offers, deliveries and services
between COMMIT GmbH (hereinafter referred to as “COMMIT”) and the purchaser. Deviating, conflicting
COMMIT does not recognize any general terms and conditions of business of the purchaser, unless COMMIT would have
expressly agreed to their validity in writing. These GTC shall also apply if a delivery is made with knowledge of deviating
or conflicting terms and conditions of the purchaser is executed.
(2) These General Terms and Conditions shall apply exclusively and also to all future transactions between COMMIT and the purchaser, without the need for
requires a new reference. A transfer of the acquirer’s rights – to e.g. his legal successor – from the contractual relationship
is only permitted with the prior written consent of COMMIT.
(3) If, in individual cases, specific deliveries, in particular service and warranty contracts, are subject to special terms and conditions that differ from these terms and conditions
deviating provisions have been agreed in writing, these GTC shall apply subordinate and supplementary.
(4) The rights and obligations of the Purchaser and COMMIT shall apply irrespective of the manner in which the purchase price is financed.
Even if COMMIT assists the acquirer in obtaining financing or otherwise arranges for such financing
§2 Conclusion of contract
(1) The presentation in our sales catalogs and on our websites does not constitute an offer to enter into a purchase contract.
legal sense, but is merely intended to make it easier for the purchaser to obtain information about our products and to use the
to order displayed products. A purchase agreement, legally binding for both parties, between COMMIT and the purchaser,
is done via the following ways:
– Purchase contract concluded by telephone
– Purchase contract concluded in writing (by mail or e-mail)
– In writing via an official order form
(2) The purchaser declares with every order placed with COMMIT, irrespective of which of the aforementioned channels is used
this happens (cf. §2 (1)), agrees to the validity of these GTC and places a binding order for the purchase of the goods.
(3) COMMIT retains full and unrestricted title, copyright and other intellectual property rights in all images,
drawings, calculations or other representations of their documents. These must not be accessible to third parties in any way
unless COMMIT has given its express prior consent in writing, naming the third party.
§3 Repairs and their estimates
(1) Cost estimates without a subsequent repair order shall be subject to a charge if, prior to submission of the repair order, COMMIT has requested
of a cost estimate is expressly referred to.
§4 Pricing and terms of payment
(1) All price quotations apply to a delivery ex manufacturing plant, they do not include the costs of transport packaging and delivery.
I.e. the purchaser shall additionally bear the costs necessary for the safe transport of the products, unless it is
agreed otherwise in advance.
(2) The Purchaser shall bear the value added tax in the amount prescribed by law on the day of execution of the delivery, any
subsequent legal changes will be subsequently charged or reimbursed in accordance with the legal regulation.
(3) All payments are due according to the issued invoice within 7 days after receipt of the goods, unless
a different deadline has been agreed in writing.
§5 Default of payment, set-off
(1) In the event of default in payment, the Purchaser shall pay default interest in the amount of 5% above the prime rate. If the purchaser is a merchant
the (default) interest rate is 8% above the prime rate. In the event that COMMIT GmbH is in a position to claim higher default damages
it shall be entitled to assert such claim. However, the purchaser is entitled to prove to COMMIT GmbH,
that no damage or significantly less damage has been incurred as a result of the delay in payment.
§ 6 Delivery and delivery period
(1) COMMIT GmbH is entitled to make partial deliveries to a reasonable extent.
(2) If COMMIT has a permanent obstacle to delivery (in particular force majeure or non-delivery by its own suppliers,
although a corresponding covering transaction was made in due time), COMMIT shall have the right, to that extent
to withdraw from a contract with the purchaser. The acquirer shall be informed thereof without undue delay and received services,
in particular payments, will be refunded.
(3) If the purchaser sets COMMIT a reasonable grace period after COMMIT has defaulted, the purchaser shall, after the expiration of such grace period
this period of grace is entitled to withdraw from the contract.
(4) The transfer of risk in the sale of goods, unless expressly agreed otherwise, shall only take place upon the
Handing over of the delivery item by the forwarding agent, the post office or other third party designated to carry out the shipment
to the acquirer.
(5) COMMIT shall choose the mode of shipment unless otherwise agreed.
§ 7 Return/Exchange
(1) A return or exchange of ordered and duly delivered services is not provided for and will also be
§ 8 Warranty for material defects
(1) COMMIT warrants the delivered products in such a way that it will deliver those products which at the time of the
defects at the time of the transfer of risk, at its discretion either repair the defect free of charge or deliver a new product. As a rule, three attempts at rectification apply here
(2) If COMMIT is not willing or able to remedy the defect or make a new delivery, the remedy or new delivery shall be delayed or
delivery for reasons for which COMMIT is responsible, beyond a reasonable period of time or if the repair or replacement is unsuccessful.
new delivery fails for any other reason, the purchaser may, at his option, demand a reduction in price or the
demand rescission of the contract (withdrawal). If the purchaser chooses to rescind the contract, he shall not be entitled to any additional damages.
(3) However, in the event of a minor breach of contract, in particular in the event of minor defects, the purchaser shall not be entitled to a
right of withdrawal. With regard to the quality of the goods, only the manufacturer’s product description shall be deemed agreed. Public
Statements, recommendations, advertisements and illustrations in catalogs or brochures do not constitute a contractual
This is not an indication of the quality of the goods.
(4) In the case of a commercial transaction, the warranty claims shall require that the purchaser has fulfilled his obligations in accordance with §§377 HGB.
has complied with its duties to examine the goods and to give notice of defects.
§ 9 Liability of COMMIT GmbH
(1) Unless otherwise stipulated above, COMMIT’s liability for damages – irrespective of the cause – shall be limited to the following
legal grounds – unless it can be proven that it acted with intent or gross negligence. COMMIT is therefore liable
not be liable for damage that has not occurred to the delivery item itself; in particular, it shall not be liable for loss of profit and
other financial losses of the purchaser. The above exemption from liability shall not apply if the cause of the damage is due to intent or gross negligence.
or gross negligence or damage resulting from injury to life, limb or health.
be Furthermore, it shall not apply if claims for damages due to the absence of a warranted characteristic or due to a
warranty issued by COMMIT. Finally, it shall not apply to the extent that COMMIT negligently breaches a cardinal obligation.
or violates an obligation that is essential to the contract. In this case, COMMIT’s obligation to pay compensation shall be limited to the typical contractual
foreseeable damage. Insofar as liability is excluded or limited, this shall also apply to personal liability
of COMMIT’s employees, workers, representatives and vicarious agents.
(2) The above provisions shall not apply insofar as claims under §§1,4 Product Liability Act are concerned.
§ 10 Retention of title
(1) COMMIT retains title to the goods sold until receipt of all payments under the delivery contract. The
In the event of breach of contract by the purchaser, in particular in the event of default in payment, COMMIT shall be entitled to seize the purchased item as security.
of their claims to themselves. Repossession is not a withdrawal from the contract; the seizure of the item by the
COMMIT is always a withdrawal from the contract.
(2) The purchaser is obliged to treat the item with care and to protect it adequately from possible damage at his own expense.
– such as environmental influences, theft, water and fire damage, or the like.
(3) The purchaser is obliged to notify COMMIT immediately in writing of any seizures or other interventions by third parties,
so that the COMMIT action pursuant to. §771 ZPO can raise. The purchaser shall be liable to COMMIT for the damage incurred,
if the third party is not in a position to pay COMMIT the judicial and extrajudicial costs of the action pursuant to. §771 of the German Code of Civil Procedure (ZPO).
§ 11 Place of performance and jurisdiction
(1) The place of performance shall be the registered office of COMMIT in 38704 Liebenburg, Germany, unless otherwise specified in these Terms and Conditions.
(2) The place of jurisdiction for all legal disputes arising from this contract with fully qualified merchants as purchasers shall be the registered office of COMMIT in
38704 Liebenburg; COMMIT shall also be entitled to sue the Purchaser at the Purchaser’s place of residence or place of business.
(3) The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
§ 12 General conditions for e-commerce
(1) With regard to the conclusion of the contract, the conditions listed under §2 shall apply, but with the proviso that text form within the meaning of the German Civil Code (Bürgerliches Gesetzbuch) shall apply.
§126b BGB is agreed. Accordingly, offer and acceptance are also possible by e-mail. A contract is only concluded in German
language comes about.
(2) COMMIT shall not provide the Purchaser with any information regarding the individual technical steps leading to the conclusion of a contract.
lead. Nor does COMMIT list all the relevant codes of conduct to which it has subscribed.
(3) The above terms and conditions apply – with the exception of No. 1 – exclusively in B2B commerce.
§ 13 Severability clause
Should individual provisions of these General Terms and Conditions be or become void, invalid or contestable, this shall not affect the validity of the remaining provisions.
of all other provisions or agreements shall not be affected. The contracting parties undertake to replace an ineffective
provision, to agree on a valid provision that comes as close as possible to what was intended by the parties. This applies
correspondingly for gaps requiring supplementation.