Terms and Conditions

General Terms and Conditions of Krug & Priester GmbH & Co. KG

1. Placing an order

An order is only considered placed when confirmed by us in writing. Our terms of delivery and payment apply exclusively. The validity of any deviating or supplementary terms and conditions of the customer is expressly rejected unless we agree to their validity in writing in individual cases. We reserve the right to make design and form changes during the delivery period, provided that the purchased item and its appearance are not fundamentally altered and the contractual purpose of the delivery is not restricted in a way that is unreasonable for the customer. The information and illustrations in the brochures and documents are to be considered approximate only.

2. Cancellation policy for distance selling contracts

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Krug & Priester GmbH & Co. KG, Simon-Schweitzer-Str. 34, D 72336 Balingen, Telephone: +49 (0)7433 2690, Fax: +49 (0)7433 269200, Email: center@ideal.de ) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email).

You can use this sample cancellation form However, this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

We will bear the cost of returning the goods.
Goods that cannot be returned by post due to their nature will be collected at our expense.

You only have to pay for any loss of value of the goods if this loss of value is due to a defect in the goods which is necessary to check their quality, properties and functioning.
the goods is due to unnecessary handling of the goods.

The right of withdrawal does not apply:
If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or independent activity when concluding the contract.

End of the cancellation policy

3. Prices

Our prices for machines are for delivery ex works and are in euros or the printed currency and include standard packaging unless otherwise agreed. Our prices are net prices plus the applicable statutory value added tax, even if this is not stated separately, plus the costs of freight, installation, postage, insurance charges, customs duties, any banking and payment transaction costs, and other incidental costs. Prices for spare parts are quoted unpacked ex works. Unless otherwise agreed, in the event of wage and salary increases or increases in the price of raw materials or operating supplies, we reserve the right to adjust the price appropriately, deviating from the contractual agreement. This right applies to consumers within the meaning of Section 13 of the German Civil Code (BGB) only for orders to be completed later than four months after conclusion of the contract and for deliveries and services within the framework of continuing obligations. For a net order value of less than €100.00, a surcharge for small quantities of €5.00 plus VAT will be charged. For repair or spare parts orders, a packaging and processing fee of €8.50 plus VAT will be charged.

4. Terms of payment

Our invoices are due immediately in cash in euros or the printed currency. Unless otherwise agreed, the customer may make payment within 10 days of the invoice date less a 2% discount or within 30 days of the invoice date without deductions; these payment terms do not affect the due date of the invoice. If the customer is in arrears with a payment due under the business relationship, the aforementioned payment terms shall no longer apply, and all outstanding claims arising from the business relationship with the customer are due for payment immediately and without deductions. Unless otherwise agreed, the above payment terms do not apply to spare parts and repair invoices or to export deliveries. In these cases, invoices are due for payment immediately and without deductions. Deliveries to unknown domestic companies are generally made against advance payment or cash on delivery. In the event of default by the customer, we are entitled to our statutory rights without limitation.

5. Delivery time

Our information regarding delivery times is only approximate and non-binding. The delivery period is deemed to have been met if the delivery item has left our warehouse by the expiry of the delivery period or has been notified to the customer as ready for dispatch, unless delivery cannot be made for reasons attributable to the customer. If we are in default with delivery, the customer is entitled, after setting a reasonable grace period for delivery and the expiration of this period without result, to withdraw from the contract or, if the customer is interested in partial delivery, from the unfulfilled part of the contract. Further claims by the customer - in particular claims for damages in lieu of performance and compensation for damages caused by delay - are excluded unless otherwise provided in Section 9 below. The delivery period shall be extended appropriately in cases of force majeure and in the event of unforeseen extraordinary events occurring at our company or our supplier, provided that we are not responsible for these events, we were unable to avert them despite exercising reasonable care in the individual case, and they affect the timely fulfillment of the contract. If the delivery period is unreasonably extended due to such circumstances, the customer is entitled to withdraw from the contract in whole or in part after expiration of a reasonable grace period to be set by the customer. Other statutory or contractually agreed rights of withdrawal remain unaffected. Deliveries before the expiration of the delivery period and partial deliveries are permissible provided that conflicting interests of the customer are not unreasonably impaired.

6. Shipping

Shipping is always at the recipient's risk. Risk is transferred to the customer upon handover of the delivery item to the carrier, even in the case of freight-free delivery, even if we transport the goods ourselves or arrange for them to be transported. If dispatch is delayed for reasons attributable to the customer, risk is transferred to the customer upon notification that the delivery item is ready for dispatch. If no shipping method is agreed upon when the order is placed, shipping will be carried out at our discretion. Subsequently submitted shipping addresses are not binding. Section 9 applies to liability for non-compliance with shipping instructions.

7. Packaging

If packaging is invoiced, this is charged at cost and will not be taken back under any circumstances.

8. Warranty

We are liable for material and legal defects of the delivery item in accordance with the following provisions. Statutory provisions apply in addition. Complaints regarding incomplete or incorrect deliveries or complaints regarding obvious defects must be reported to us immediately within seven days of delivery of the delivery item; otherwise, the delivery item will be deemed approved, unless we are guilty of fraudulent intent. Hidden defects must be reported immediately within eight days of their discovery by the customer. Our warranty for material and legal defects is limited to subsequent performance and to a period of 24 months. If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a special fund under public law, or a legal entity under public law, our warranty is limited to a period of 12 months from delivery. Claims for damages in lieu of performance or reimbursement of expenses in the event of refused or unsuccessful subsequent performance are governed by Section 9. Cancellation of the contract and damages in lieu of performance or reimbursement of expenses are excluded if the defect is only minor. The purchaser must send us the defective delivery item for repair or replacement at his own risk. Replaced delivery items or parts thereof shall become or remain our property. Subsequent performance does not extend the warranty period. Further claims by the purchaser, in particular for personal injury, damage to goods that are not the subject of the contract or for loss of profit, consequential costs, etc., are governed by Section 9. Our warranty does not extend to the suitability of the delivery item for the intended use by the purchaser, which deviates from the usual purpose, unless this has been agreed in writing.

9. Liability

In all cases of breach of duty and tort, our liability is limited to intent and gross negligence (gross fault) as well as the culpable breach of essential contractual obligations (cardinal obligations). Claims for damages by the customer due to slightly negligent breach of duty by us, in particular in cases of slightly negligent defective delivery or slightly negligent delay in delivery, are excluded unless the breach involves a breach of essential contractual obligations. In the event of a slightly negligent breach of essential contractual obligations, our liability is limited to compensation for the typical and foreseeable damages. If we are liable for a slightly negligent defective delivery due to the breach of an essential contractual obligation, this claim for damages expires within 12 months of delivery. Liability for consequential damages is excluded. Furthermore, compensation instead of performance is excluded in cases of defective delivery, provided the breach of duty is only insignificant. The limitations of liability set out in these terms and conditions do not apply to our liability for compensation under the provisions of the German Act on Liability for Defective Products of December 15, 1989, as amended, arising from the assumption of a guarantee, a procurement risk, and fraudulent concealment of a defect, as well as to liability for damages resulting from injury to life, limb, or health resulting from a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent of ours. If a reseller resells the delivery item abroad and we are directly held liable by the reseller's customer based abroad under foreign law, the reseller shall indemnify us against liability towards its customer based abroad to the extent that we are liable under foreign law beyond the scope of liability under German law.

10. Retention of title

Ownership of the delivered goods shall only pass to the purchaser upon receipt of all payments; in the case of payment by check or bill of exchange, upon full encashment and settlement of all incidental costs and expiration of the risk of recourse. If the purchaser is a legal entity under public law, a special fund under public law, or an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), we retain title to the delivered goods until all claims arising from the business relationship have been fully settled. Other dispositions, such as pledging and transfer of ownership by way of security, are not permitted. The resale of the delivered goods is only permitted to resellers in the ordinary course of business. In the event of resale, the purchaser hereby assigns to us all claims arising from the sale or other use of the reserved goods; we accept the assignment. Incoming payments shall be deemed to have been received in trust for us. The purchaser is authorized to collect the assigned claims only in the ordinary course of business and only revocably. Revocation may only occur if the purchaser fails to properly fulfill its obligations under this contract, in particular its payment obligation, is insolvent or over-indebted, or if insolvency proceedings have been initiated against its assets. In this case, the purchaser must, upon our request, notify the debtor of the assignment and immediately inform us of the name or company name of the debtor of the assigned claims. We are also entitled to disclose the extended retention of title to the purchaser's customer. In these cases, we are also entitled, after the unsuccessful expiration of a reasonable period of time, to withdraw from the contract and take possession of the reserved goods. The purchaser is obligated to surrender them. Any proceeds from the sale of the returned reserved goods will be credited against the purchaser's liabilities – less reasonable disposal costs. If the value of the securities provided to us exceeds the total secured claims by more than 20%, we are obligated, at the customer's request, to release the excess securities at our discretion. The customer must notify us immediately in writing of any impending or completed access by third parties to the reserved goods or the assigned claims, providing us with the documents necessary for intervention. Intervention costs, including any legal costs, shall be borne by the customer in the internal relationship between us and the customer.

11. Place of performance

The place of performance for delivery and payment is D-72336 Balingen, provided that the purchaser is a merchant within the meaning of commercial law.

12. Place of jurisdiction

D-72336 Balingen is the sole place of jurisdiction for all disputes arising from or in connection with the contractual relationship, including claims relating to documents, bills of exchange, and checks, provided the customer is a merchant within the meaning of commercial law. We are also entitled to bring legal action before the court responsible for the customer's registered office.

13. Applicable law

All contractual and business relationships between us and the customer are governed exclusively by the laws of the Federal Republic of Germany, excluding the provisions of international agreements, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Krug & Priest GmbH & Co. KG.
Simon-Schweitzer-Str. 34
D-72336 Balingen
Germany

Phone: (+49) (0) 7433-269-0
Fax: (+49) (0) 7433-269-200Email: center@ideal.de