General Terms and Conditions (AGB)
1. Scope
These General Terms and Conditions apply to all business relationships between Onery International GmbH ("Seller") and its customers ("Buyer"). Deviating terms of the Buyer are not recognized unless expressly agreed in writing.
2. Offers and Conclusion of Contract
Our offers are non-binding. A contract is concluded only upon our written order confirmation or delivery of the goods.
3. Prices and Payment
Prices are quoted in EUR net, ex works Stuttgart, exclusive of VAT, packaging and shipping. Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed.
4. Delivery
Delivery dates are non-binding unless explicitly confirmed in writing. Delivery is subject to correct and timely supply by our sub-suppliers. Partial deliveries are permitted.
5. Retention of Title
The delivered goods remain the property of the Seller until full payment of the purchase price and all claims arising from the business relationship.
6. Warranty
Warranty rights of the Buyer presuppose that the Buyer has duly complied with its inspection and complaint obligations under § 377 HGB (German Commercial Code). The warranty period is 12 months from delivery. For used machinery, warranty claims for material defects are excluded to the extent permitted by law.
7. Liability
Liability for slight negligence is excluded except in cases of injury to life, body or health, or breach of essential contractual obligations. In the latter case liability is limited to the foreseeable damage typical for this type of contract. Liability under the German Product Liability Act remains unaffected.
8. Force majeure
Events of force majeure — including strikes, lockouts, war, pandemics, official measures and disruption of supply chains — release us from our delivery obligations for the duration of the disruption and to the extent of its effect. Both parties may withdraw from the contract if the disruption lasts longer than three months.
9. Export control
The Buyer shall comply with all applicable export control and sanctions regulations of the European Union, the Federal Republic of Germany and, where relevant, the United States. Delivery is subject to the absence of any obstacles arising from such regulations.
10. Business customers
Our offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. A statutory right of withdrawal for consumers therefore does not apply.
11. Place of jurisdiction and applicable law
Place of jurisdiction for all disputes arising from this contract is Stuttgart. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12. Severability
Should individual provisions of these terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose intended.
Note: Standard T&C template. Please have reviewed and adapted by a German lawyer.