{"id":16580,"date":"2024-05-21T16:40:21","date_gmt":"2024-05-21T14:40:21","guid":{"rendered":"https:\/\/www.klasmeier.com\/general-terms-and-conditions\/"},"modified":"2026-10-29T14:34:22","modified_gmt":"2026-10-29T13:34:22","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.klasmeier.com\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"\n
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General Terms and Conditions<\/strong><\/h2>\n\n\n\n

General Terms and Conditions of Klasmeier Kalibrier- und Messtechnik GmbH ISOTECH and Klasmeier GmbH<\/strong><\/p>\n\n\n\n

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\u00a7 1 Scope of Application<\/strong><\/h4>\n\n\n\n

The following General Terms and Conditions of Klasmeier Kalibrier und Messtechnik GmbH ISOTECH and Klasmeier GmbH (hereinafter “Klasmeier GmbH”) apply to all deliveries, services, and offers by Klasmeier GmbH. They apply exclusively. Deviating conditions of the customer are not recognized. They also apply to all future deliveries, services, or offers to the customer, even if they are not separately agreed upon again. <\/p>\n<\/div>\n\n\n\n

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\u00a7 2 Offers and Conclusion of Contract<\/strong><\/h4>\n\n\n\n

1. Offers from Klasmeier GmbH are subject to change and non-binding, including with regard to price information. Klasmeier GmbH remains bound to specifically prepared offers for 30 calendar days from the date of the offer. <\/p>\n\n\n\n

2. Ancillary agreements, changes, supplements, and\/or other deviations from these Terms and Conditions are only valid if Klasmeier GmbH has declared its consent in this regard. Such agreements must be made in writing. <\/p>\n\n\n\n

3. Information provided by Klasmeier GmbH regarding the subject of the delivery or service (e.g., weights, dimensions, utility values, load capacity, tolerances, and technical data) as well as representations thereof (e.g., drawings and illustrations) are only approximately authoritative, unless usability for the contractually intended purpose requires exact correspondence. They are not guaranteed quality features, but descriptions or identifications of the delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements are permissible, provided they do not impair usability for the contractually intended purpose. <\/p>\n\n\n\n

4. Klasmeier GmbH reserves the right to obtain credit reports, including through inquiries with credit agencies (Creditreform, B\u00fcrgel, etc.).<\/p>\n<\/div>\n\n\n\n

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\u00a7 3 Duty of Cooperation of the Customer<\/strong><\/h4>\n\n\n\n

1. The customer undertakes to perform all acts of cooperation required for the fulfillment of the contract.<\/p>\n\n\n\n

2. The customer also undertakes to immediately notify any change in its name, legal form, or address, as well as other significant changes related to the fulfillment of the contract. If the customer fails to provide such notification, it shall bear the costs for determining the data necessary for the execution of the contractual relationship. <\/p>\n<\/div>\n\n\n\n

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\u00a7 4 Delivery and Delivery Time<\/strong><\/h4>\n\n\n\n

1. Delivery is ex works.<\/p>\n\n\n\n

2. Stated delivery dates or periods are non-binding unless they are expressly confirmed as binding by Klasmeier GmbH. If shipping has been agreed upon, delivery periods and delivery dates refer to the time of handover to the forwarder, carrier, or other third party commissioned with the transport. <\/p>\n\n\n\n

3. Klasmeier GmbH is not liable for impossibility of delivery or for delivery delays, insofar as these were caused by force majeure or other events not foreseeable at the time the contract was concluded (e.g., operational disruptions of all kinds, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortage of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures, or the failure of, incorrect, or late delivery by suppliers) for which Klasmeier GmbH is not responsible. If such events make delivery or performance significantly more difficult or impossible for Klasmeier GmbH and the hindrance is not only of temporary duration, Klasmeier GmbH is entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable startup period. Insofar as the customer cannot be expected to accept the delivery or service as a result of the delay, the customer may withdraw from the contract by immediate written declaration to Klasmeier GmbH. <\/p>\n\n\n\n

4. Klasmeier GmbH is entitled to make partial deliveries.<\/p>\n<\/div>\n\n\n\n

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\u00a7 5 Place of Performance, Shipping, and Transfer of Risk <\/strong><\/h4>\n\n\n\n

1. The place of performance for all obligations arising from the contractual relationship is the registered office of Klasmeier GmbH, unless otherwise specified. Due to technical necessities, this also applies in particular to service and repair work. <\/p>\n\n\n\n

2. The method of shipping and the packaging are subject to the dutiful discretion of Klasmeier GmbH.<\/p>\n\n\n\n

3. Risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport or has left the Klasmeier GmbH plant for the purpose of shipping. If shipping is delayed or not carried out at the request of the customer, risk passes to the customer upon notification of readiness for shipment. <\/p>\n<\/div>\n\n\n\n

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\u00a7 6 Prices<\/strong><\/h4>\n\n\n\n

1. Prices are subject to the statutory value-added tax, which will be shown separately. All prices are invoiced in Euro. All invoices must be paid in Euro. <\/p>\n\n\n\n

2. Prices do not include the costs for packaging and freight, nor customs duties, fees, and other public charges.<\/p>\n<\/div>\n\n\n\n

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\u00a7 7 Payment<\/strong><\/h4>\n\n\n\n

1. Unless otherwise agreed, invoices from Klasmeier GmbH are due and payable immediately without deduction upon invoicing.<\/p>\n\n\n\n

2. If the customer does not pay when due, Klasmeier GmbH is entitled to charge interest on the outstanding amount at a rate of 9% above the base interest rate (\u00a7 247 BGB) upon the occurrence of default. Klasmeier GmbH is permitted to provide evidence that higher damages have been incurred. <\/p>\n\n\n\n

3. If the customer finally ceases its payments and\/or if insolvency proceedings are applied for against its assets or a judicial or extrajudicial composition proceeding is applied for, Klasmeier GmbH is also entitled to withdraw from the part of the contract that has not yet been fulfilled.<\/p>\n<\/div>\n\n\n\n

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\u00a7 8 Offsetting, Retention, Assignment<\/strong><\/h4>\n\n\n\n

1. Offsetting is only possible with claims recognized by Klasmeier GmbH or those that have been legally established. The customer is only entitled to a right of retention on the basis of counterclaims from the same contractual relationship. <\/p>\n\n\n\n

2. The customer is only entitled to assign or transfer claims, rights, and\/or obligations from the contractual relationship with the prior written consent of Klasmeier GmbH.<\/p>\n<\/div>\n\n\n\n

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\u00a7 9 Warranty <\/strong><\/h4>\n\n\n\n

1. The warranty period is one year from delivery or, if acceptance is required, from acceptance.<\/p>\n\n\n\n

2. The delivered items must be carefully inspected immediately after delivery to the customer or to the third party designated by the customer, and defects must be reported immediately, \u00a7 377 HGB.<\/p>\n\n\n\n

3. In the event of material defects in the delivered items, Klasmeier GmbH is initially obliged and entitled to repair or provide a replacement at its choice to be made within a reasonable period. In the event of failure, i.e., impossibility, unreasonableness, refusal, or unreasonable delay of the repair or replacement delivery, the customer may withdraw from the contract or reasonably reduce the purchase price. <\/p>\n\n\n\n

4. In the event of legal defects, in particular the infringement of industrial property rights or copyrights of a third party, Klasmeier GmbH will, at its choice and at its expense, modify or replace the delivery item in such a way that third-party rights are no longer infringed, but the delivery item continues to fulfill the contractually agreed functions, or provide the customer with the right of use by concluding a license agreement. If it does not succeed in doing so within a reasonable period of time, the customer is entitled to withdraw from the contract or reasonably reduce the purchase price. <\/p>\n\n\n\n

5. Due to technical necessities, the place of performance for warranty claims is the registered office of Klasmeier GmbH.<\/p>\n\n\n\n

6. The warranty expires if the customer changes the delivery item or has it changed by third parties without the consent of Klasmeier GmbH and the rectification of defects is thereby rendered impossible or unreasonably difficult. In any case, the customer shall bear the additional costs of rectifying defects resulting from the change. <\/p>\n<\/div>\n\n\n\n

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\u00a7 10 Limitation of Liability<\/strong><\/h4>\n\n\n\n

1. Liability of Klasmeier GmbH is excluded. This does not apply to damage claims of the customer resulting from guaranteed quality features, injury to life, limb, or health, or the violation of essential contractual obligations, as well as liability for other damages based on an intentional or grossly negligent breach of duty by Klasmeier GmbH, its organs, legal representatives, employees, or other vicarious agents. <\/p>\n\n\n\n

2. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and whose fulfillment is necessary to achieve the objective of the contract and on whose compliance the contractual partner may regularly rely.<\/p>\n\n\n\n

3. In the event of a breach of essential contractual obligations, Klasmeier GmbH is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless it concerns damage claims of the customer resulting from injury to life, limb, or health.<\/p>\n\n\n\n

4. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them. <\/p>\n\n\n\n

5. The provisions of the Product Liability Act remain unaffected.<\/p>\n\n\n\n

6. Legal responsibility for accredited laboratory activities within the meaning of DIN EN ISO\/IEC 17025 remains unaffected.<\/p>\n<\/div>\n\n\n\n

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\u00a7 11 Retention of Title<\/strong><\/h4>\n\n\n\n

1. Delivered items (reserved items) remain the property of Klasmeier GmbH until full payment of all claims from the business relationship. Subject to an express agreement to the contrary, the customer is not entitled to sell, give away, pledge, or transfer the items delivered to it under retention of title as security. <\/p>\n\n\n\n

2. The customer shall store the reserved items free of charge for Klasmeier GmbH and treat them with care. The customer shall sufficiently insure the reserved items against loss and damage or destruction by fire and water at replacement value; the customer hereby assigns its claims arising from such an insurance relationship to Klasmeier GmbH, which hereby accepts the declaration of assignment. <\/p>\n\n\n\n

3. The customer is obliged to immediately notify Klasmeier GmbH in writing of any seizures of the reserved items and to inform the pledgee of the retention of title.<\/p>\n<\/div>\n\n\n\n

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\u00a7 12 Export Regulations<\/strong><\/h4>\n\n\n\n

1. Applicable export regulations under German, European, or US law, in particular valid export restrictions, must be strictly observed. The customer shall independently obtain any necessary permits, exemptions, or other official authorizations for the export of delivered items. <\/p>\n\n\n\n

2. The customer indemnifies Klasmeier GmbH against any liability for violations of applicable export regulations by the customer.<\/p>\n<\/div>\n\n\n\n

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\u00a7 13 Applicable Law, Jurisdiction, Severability<\/strong><\/h4>\n\n\n\n

1. These Terms and Conditions and the entire legal relationship between Klasmeier GmbH and the customer are governed by the law of the Federal Republic of Germany, excluding the norms of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).<\/p>\n\n\n\n

2. The registered office of Klasmeier GmbH is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.<\/p>\n\n\n\n

3. Should a provision in these Terms and Conditions be or become invalid, the validity of all other provisions and agreements between Klasmeier GmbH and the customer shall remain unaffected.<\/p>\n\n\n\n

4. The language of the contract and negotiations is exclusively German.<\/p>\n<\/div>\n\n\n\n

As of: September 2026<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

General Terms and Conditions General Terms and Conditions of Klasmeier Kalibrier- und Messtechnik GmbH ISOTECH and Klasmeier GmbH \u00a7 1 Scope of Application The following General Terms and Conditions of Klasmeier Kalibrier und Messtechnik GmbH ISOTECH and Klasmeier GmbH (hereinafter “Klasmeier GmbH”) apply to all deliveries, services, and offers by Klasmeier GmbH. They apply exclusively. […]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-16580","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.klasmeier.com\/en\/wp-json\/wp\/v2\/pages\/16580","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.klasmeier.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.klasmeier.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.klasmeier.com\/en\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.klasmeier.com\/en\/wp-json\/wp\/v2\/comments?post=16580"}],"version-history":[{"count":5,"href":"https:\/\/www.klasmeier.com\/en\/wp-json\/wp\/v2\/pages\/16580\/revisions"}],"predecessor-version":[{"id":19068,"href":"https:\/\/www.klasmeier.com\/en\/wp-json\/wp\/v2\/pages\/16580\/revisions\/19068"}],"wp:attachment":[{"href":"https:\/\/www.klasmeier.com\/en\/wp-json\/wp\/v2\/media?parent=16580"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}