GENERAL TERMS AND CONDITIONS (GTC)

Create 21 GmbH – Trade, Engineering, Mechanical Engineering, Service

I. CONCLUSION OF CONTRACT, SCOPE OF DELIVERY

All contracts come into effect upon receipt of our written order confirmation or at the latest upon delivery. Previous offers are non-binding.
Deviating purchasing conditions of the purchaser are excluded unless explicitly agreed.
Illustrations, drawings, and performance specifications are approximately binding. Changes are reserved.
Our conditions also apply to replacement and accessory parts.
If we provide assembly personnel, the purchaser must make all necessary arrangements.

Delivery periods begin with the order confirmation, but not before all details have been clarified.
Delivery dates apply ex works. Delays due to force majeure or lack of cooperation by the purchaser extend the deadlines accordingly.
In case of delays, the purchaser may withdraw from the contract after a reasonable period.
Commissioning constitutes acceptance, even if formal acceptance has been agreed.

The risk passes to the purchaser when leaving our works, even in the case of self-transport.
Claims against third parties for damages are assigned to the purchaser upon request.

Prices are ex works, plus VAT, shipping, packaging, and other ancillary services.
Subsequent increases in material or labor costs are permissible.
Payments are due upon delivery, or at the latest one week after notification of readiness for acceptance.
Offsetting and retention are only permitted for undisputed or legally established counterclaims.
Assignment of the purchaser’s claims is excluded; we may assign our claims.

If acceptance is delayed at the purchaser’s request, incurred costs may be charged.
If acceptance does not occur within one month, contractual penalties of 0.5% per day, up to a maximum of 10% of the net order value of the respective delivery item, may be charged.
In case of default of payment, we may withdraw from the contract after a reasonable period and sell the delivery elsewhere; our liability for resulting damages is limited to the net order value of the respective delivery item.

Delivery remains our property until full payment of all claims.
The purchaser must keep the reserved goods in good condition and carry out necessary repairs.
Insurance against damage must be provided by the purchaser.
Resale or pledging is only allowed with written consent.
If collateral exceeds the secured amount by more than 20%, the purchaser may request a waiver of over-collateralization.

Defects in delivered items will be remedied or replaced within 12 months of delivery or acceptance if they are due to circumstances existing before delivery.
The purchaser must give us the opportunity to remedy or replace the goods.
The supplier bears the costs of remedying defects if the complaint is justified.
For minor defects, only a reduction in the purchase price is possible.
No warranty for wear and tear, improper use, or incorrect assembly by third parties.

Consumers have the right of withdrawal under §§ 355 et seq. of the German Civil Code (BGB) if the order is not placed for business purposes.
For installment payments, the agreed due dates apply; the first installment is due on the 1st of the following month after delivery.

Liability is governed by these GTC. Compensation for damages not caused to the delivered goods themselves is excluded, except in cases of intent, gross negligence, injury to life, body, or health, guaranteed characteristics, or fraudulent concealment.
Transfer of claims or liability to third parties is excluded. The purchaser is responsible for damages caused by themselves or third parties.
Liability for slight negligence is limited to the typical, foreseeable damage and is capped at the net order value of the respective delivery item.

Amendments and supplements require written form.
German law applies, excluding the UN Convention on Contracts for the International ale of Goods (CISG).
Place of performance and jurisdiction is 51709 Marienheide; a different jurisdiction may apply for consumers.
Should any provision be invalid, the remaining provisions remain valid; the invalid provision will be replaced by an economically similar permissible provision.