General Terms And Conditions

General Terms and Conditions of
Kontest GmbH, Gut Grauhof 1, D-38644 Goslar, email

1. Conclusion of contract and contractual basis
1.1 For this and all follow-up transactions, i.e. contracts, deliveries and other services, including consulting services with the customer (at the latest upon receipt of the goods, especially in the case of telephone orders), only these conditions apply, but not different conditions of the customer, and not even then unless we expressly object to them again. Deviations due to individual agreements must be in writing. Declarations of intent from and to or agreements with representatives and/or employees only become legally effective after written confirmation by the contractual partners. The customer is bound to the contract offer made to Kontest GmbH for 30 days from receipt of the declaration of intent or until the contract is accepted.
1.2 All offers are always non-binding, contracts only come about through our written order confirmation after ordering. All verbal, in particular telephone side and supplementary agreements, including those relating to the execution of the order, require our separate written confirmation. Our silence on subsequent requests for changes and/or additions means rejection. Changes and additions to this contract must be in writing. Likewise, the cancellation of this written form requirement.
1.3 The documents on which our offers and contracts are based, such as illustrations, drawings, information on dimensions, functions, weights and DIN standards, as well as all brochure information and information in other publications are only approximately relevant unless they are expressly designated as binding. Certain properties are only guaranteed if a corresponding declaration has been expressly made.
1.4 We are entitled to make changes at any time that do not affect the contractual functionality of our delivery items through deviations in weight or dimensions or color without affecting the rest of the contract content. The buyer cannot derive any rights from this.
1.5 Kontest GmbH reserves the right of ownership and copyright to cost estimates, drawings and all other offer documents. Such documents may not be made accessible to third parties and must be returned on request if the order is not placed.

2. Prices and terms of payment
2.1 Our prices are in EURO including the statutory value added tax applicable at the time of delivery from the Kontest GmbH warehouse. The prices stated in our price lists valid for the respective period apply as binding prices. Price increases only become effective if the products are delivered more than three months after the conclusion of the contract.
2.2 Any discounts are granted in accordance with the respective discount agreement.
2.3 The invoice is issued on the day of delivery, in the event of a delay in delivery caused by the customer on the day we are ready for dispatch. The invoice amount is payable without deduction within 8 days of the invoice date. If reminders are necessary, we will charge a flat-rate reminder fee of EUR 20.00.
All payments are to be made exclusively to the accounts specified on the invoice.
2.4 If the customer is in arrears in whole or in part with his acceptance or payment obligations or with his obligations under clause 5 (retention of title), if he stops making payments or if an application is made to open insolvency proceedings against the customer's assets, then all other claims on our part due for payment from the current business relationship, even if bills of exchange or checks are due with a later date.
2.5 Acceptance of bills of exchange is fundamentally excluded, but in any case only counts as a purchase price deferral as long as the customer's circumstances do not deteriorate. Exchange charges are to be paid immediately. We are not liable for timely presentation, protesting and/or return of bills of exchange. Checks are only accepted on account of performance. Deliveries abroad are only made against prepayment or an irrevocable documentary letter of credit to be drawn up by our bank, which is confirmed and free of charges. Any exchange, check or letter of credit costs shall be borne by the buyer.

2.6 In the event of a delay in payment, interest of 5% above the respective base interest rate, but at least 8%, must be paid without prejudice to further claims.
2.7 Offsetting or the assertion of a right of retention due to counterclaims that we have not recognized or that have not been legally established is excluded.
2.8 We are entitled to invoice partial deliveries from an overall order separately.
2.9 We are entitled to use incoming payments to settle the oldest debt plus interest, even if the customer agrees otherwise. In this respect, the customer waives the defense of the statute of limitations.
2.10 If we take goods back for reasons for which the customer is responsible, we are entitled to reimbursement of lost profits, costs incurred and an appropriate reduction in value.

3. Passing of Risk and Shipping
3.1 Deliveries are made according to the instructions of the buyer, uninsured and on account and - even if free delivery has been agreed - at the risk of the customer. The risk passes to the customer when the goods are handed over to the shipping agent, but no later than when they leave our distribution warehouse. If the shipment is delayed at the request of the customer or as a result of circumstances for which we are not responsible, the transfer of risk occurs as soon as the readiness for shipment is announced.
3.2 The packaging and shipping costs are calculated at cost price.

4. Delivery, Delivery Time, Delivery Obligations, Acceptance
4.1 The confirmed delivery periods or delivery dates are non-binding for us. They are subject to correct and timely self-delivery. They begin on the day of the order confirmation, but not before all details of the execution have been clarified, and without prejudice to our rights in the event of a customer default, they are extended by the time the customer is in default.
4.2 Partial deliveries are permitted.
4.3 If we are in default, the customer must first set us a reasonable grace period in writing, which must be at least two weeks. After the deadline has expired, he may only withdraw from the contract if the goods have not already been dispatched by then. In the event of partial default, he may only withdraw from the entire contract if partial fulfillment is of no interest to him. Further claims by the customer, for whatever legal reason, are excluded, but claims for damages only in accordance with Section 7.
4.4 Force majeure or unforeseeable events for which we are not responsible, which subsequently make delivery significantly more difficult or impossible, e.g. B. Strikes, lockouts at our premises or at our suppliers, subsequent shortages of materials, operational disruptions, official orders, import and/or export restrictions or bans or incorrect or late self-delivery by our suppliers entitle us, after notifying the customer of the obstacle, to make the delivery to postpone the duration of the hindrance plus a reasonable recovery time or to withdraw from the contract because of the part that has not yet been fulfilled. The customer can request a statement as to whether we will withdraw or deliver within a reasonable period of time. If we don't make a statement, he can resign. Further claims by the customer are excluded, but claims for damages only in accordance with Section 7.
4.5 If the shipment or delivery is delayed for reasons that lie within the customer's sphere of risk, then we are entitled, after a grace period of two weeks has expired without result, to dispose of the delivery item in another way and to supply the customer with an appropriately extended period of time or to withdraw from the contract to withdraw or to demand compensation for non-performance.
4.6 The customer may not refuse acceptance if any defect does not significantly impair the usability of the delivery item and we recognize our obligation to remedy the defect. If a delivery item consists of several units that can be used independently, acceptance of the remaining units may not be refused if only some of the units are defective.
5. Retention of Title
5.1 Until the fulfillment of all demands and claims, including all balance claims, from current accounts and any claims to which we are entitled against the customer - for whatever legal reason - for exemption from liability risks or liabilities assumed at the request of the customer - e.g. B. from bills of exchange - we are granted the following securities, which we will release upon request at our discretion, provided that their value exceeds our claims by more than 10%.
5.2 All goods delivered by us remain our property. Processing or transformation is always carried out for us as the manufacturer, but without obligating us. If the processing or transformation takes place together with objects that do not belong to us, then we acquire joint ownership of the new object in the ratio of the invoice value of our goods to the invoice value or, if there is no invoice value, to the current value of the other processed objects. In the event that our goods are mixed or combined with other items, it is already agreed that the (joint) ownership of the customer shall be transferred to us in proportion to the invoice value of our goods to the invoice value or, in the absence of an invoice value, to the current value of the main item. Goods to which we are entitled to ownership or co-ownership are referred to below as reserved goods.
5.3 The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in arrears with us, has not stopped making payments and no application for the opening of insolvency proceedings has been filed. Pledges, assignments as security or other transfers of the reserved goods are not permitted. The customer hereby assigns to us as security the claims arising from the resale or any other legal reason (insurance benefits, claims from tortious acts, etc.) in relation to the reserved goods (including all current account balance claims), claims from the utilization of reserved goods to which we are only entitled to co-ownership, but only proportionately in the amount of our co-ownership share. Until further notice, the customer is revocably authorized to collect the claims assigned to us on our account in his own name. We are entitled to withdraw if the customer does not meet his payment obligations. At our request, the customer will provide us with the complete addresses of his debtors and notify them of the assignment.
5.4 The customer shall keep the goods subject to retention of title free of charge for us with commercial diligence, keep them in proper condition and insure them at his own expense to an extent corresponding to commercial diligence. The buyer is liable for damage of any kind to the delivered products until full payment has been made, even if the buyer is not at fault. If third parties access the goods subject to retention of title, e.g. through attachment, the customer will point out our (co-)ownership, object to the intervention immediately and notify us immediately. The customer bears the costs of measures to eliminate third-party interventions, provided they cannot be collected from the other party. The customer is obliged to allow us to look at his books insofar as this is relevant to the exercise of our rights.
5.5 If the customer behaves in breach of contract, in particular in the event of default in payment, we are entitled to demand the return of the reserved goods immediately, without the customer having a right of retention, to enter the customer's business premises, to take the reserved goods to us and, if necessary, to assign the return claims of the customer to demand customers against third parties. The assertion of our rights, in particular taking back or pledging the goods subject to retention of title, does not count as withdrawal from the contract unless the installment law applies.
5.6 Kontest GmbH is entitled to otherwise dispose of the products for which retention of title has been asserted after a reasonable period of time and to supply the buyer with payment within a reasonable new delivery period.

6. Liability for Defects
6.1 The customer must inspect the received goods immediately upon receipt for defects, quality and guaranteed properties and must, in order to avoid the loss of warranty claims, immediately give written notice of recognizable defects, at the latest within one week after delivery, hidden defects after discovery.
6.2 We are liable for the items being free of defects according to the state of the art and assume liability for a period of 1 year - in the cases of §§ 475 Para. 2 and 479 Para. 1 BGB (consumer goods purchase) for a period of 2 years - after delivery the following obligations: If the items are faulty or defective, we will remedy the defect free of charge - if necessary using new spare parts - or make a replacement delivery at our discretion. This obligation also extends to damage that should arise as a result of the defect in other delivery items. We are entitled to the defective objects and parts. The customer grants us a reasonable time and opportunity to remedy any defects. If the customer refuses this, we are released from the warranty.
If the rectification or replacement delivery fails twice, even within a reasonable grace period to be set in writing by the customer, the customer can choose to demand a reduction in payment or cancellation of the contract.
6.3 Claims for defects do not exist, however, if defects are due to improper use, operation or care or insufficient maintenance or other violent influences, or if delivery items have been stored in an unsuitable environment or work has been carried out on delivery items for repair or other purposes by persons employed by were not expressly authorized to us in writing.
6.4 Claims by the customer for the expenses required for the purpose of supplementary performance or rectification, in particular transport, labor and material costs, are excluded if the expenses increase because the object of the subsequent delivery was subsequently taken to a location other than our business location, unless the shipment corresponds to its intended use. By negotiating complaints, we do not waive the objection to improper notification of defects.
6.5 Claims for damages due to the lack of guaranteed properties are excluded insofar as our assurances only extend to the contractual conformity of our deliveries. For the rest, Section 7 applies.
6.6 When purchasing a paraglider, harness or rescue device, the customer undertakes to observe the supplied operating instructions and to have the manufacturer or a third party recognized by the manufacturer carry out the control and instruction flight.

7. General Limitation of Liability
7.1 Claims for damages by the customer due to culpa in contrahendo, violation of primary or secondary contractual obligations, positive breach of contract, in particular for consequential damage caused by defects, tort and other legal grounds are excluded, even if they are based on actions by the legal representatives or vicarious agents of the user. This does not apply if liability is mandatory, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, limb or health.
7.2 Claims for damages are limited as follows: The amount of damages may not exceed the loss incurred and lost profit that we should have foreseen as a possible consequence of the breach of contract when the contract was concluded, taking into account the circumstances that we knew or should have known. Irrespective of this, claims for damages are limited to the purchase price of the delayed or missing part of the respective delivery.
7.3 In the event of an obligation to pay damages according to Section 4.4, the compensation to be paid to the buyer is limited to the damage foreseeable at the time the contract was concluded, but no more than 10% of the value of that part of the total delivery that was not delivered on time or as a result of the delay or non-delivery cannot be used in accordance with the contract.
7.4 Claims for damages against us become time-barred within the periods stipulated for liability for defects (section 6.2) from the time the customer became aware of the damage and the person liable for compensation.

7.5 The personal liability of our organs and employees who have acted as our vicarious agents is excluded.
7.6 Kontest GmbH assumes no liability for the function and safety of the products. The operating and maintenance instructions as well as the guarantee conditions of Kontest GmbH apply.
Kontest GmbH is not liable for damage resulting from the use of the goods delivered by us, including damage to other objects.

8. Miscellaneous Provisions
8.1 The assignment of rights or transfer of obligations from the concluded contract requires the prior written consent of Kontest GmbH.
8.2 The legal relationships between the customer and us are exclusively subject to the law of the Federal Republic of Germany. The application of the uniform laws on the international purchase of movable property and on the conclusion of international sales contracts for movable property is excluded.
8.3 The place of performance is the seat of Kontest GmbH.

Complaint/arbitration board:

Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at Consumers have the option of contacting [name, address, website of the arbitration board] to resolve their disputes. We are not obliged to participate in dispute resolution procedures before this body. We will not participate in such a procedure.