Terms and Conditions

I. General Provisions

These General Terms and Conditions (hereinafter: GTC) apply to all contracts, deliveries, and services between Schirmer GmbH and its customers. Deviating or additional terms of the customer shall not apply unless Schirmer GmbH has expressly agreed to them in writing.

These GTC also apply to future business relations, even if not expressly agreed again.

Amendments and supplements to these terms, as well as verbal side agreements, require written confirmation by Schirmer GmbH to be valid.

II. Conclusion of Contract

Offers made by Schirmer GmbH are non-binding and subject to change.

A contract is only concluded upon written order confirmation or delivery/execution of the service.

Illustrations, drawings, technical data, or other performance descriptions are approximate unless expressly designated as binding.

III. Prices and Payment Terms

All prices are quoted exclusive of VAT, packaging, shipping, and insurance, unless otherwise agreed.

Payments are due within 14 days of the invoice date without deduction, unless otherwise agreed.

In the event of payment default, default interest will be charged at the statutory rate. Further claims for damages caused by delay remain unaffected.

The customer may only offset claims that are legally established, undisputed, or recognized by Schirmer GmbH.

IV. Delivery and Delay

Delivery dates are non-binding unless explicitly confirmed in writing as binding.

Delivery is subject to correct and timely self-supply.

Partial deliveries are permissible if reasonable for the customer.

In the event of delivery delays due to force majeure, operational disruptions, transport delays, or other unforeseeable events, Schirmer GmbH is entitled to postpone delivery by the duration of the disruption.

V. Transfer of Risk and Acceptance

The risk passes to the customer upon handover to the carrier or freight forwarder.

If the delivery is delayed due to circumstances attributable to the customer, the risk passes to the customer upon notification of readiness for shipment.

Where acceptance is agreed, it is deemed to have taken place if the customer does not refuse acceptance in writing within seven days of delivery.

VI. Warranty

The warranty period is 12 months from delivery or acceptance unless a longer period is prescribed by law.

Defects must be reported to Schirmer GmbH in writing without undue delay.

In case of justified complaints, Schirmer GmbH shall choose whether to repair or replace the product.

The warranty does not cover normal wear and tear or damages caused by improper handling, external factors, or third-party intervention.

VII. Liability

Schirmer GmbH is only liable for intent and gross negligence; for breaches of essential contractual obligations, also for slight negligence.

In cases of slight negligence, liability is limited to foreseeable, typical contractual damage.

Liability for culpable injury to life, body, or health remains unaffected.

VIII. Retention of Title

The delivered goods remain the property of Schirmer GmbH until full payment has been received.

The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns all claims from such resale to Schirmer GmbH in advance.

In the event of contractual breach by the customer, especially payment default, Schirmer GmbH is entitled to reclaim the goods.

IX. Data Protection

Schirmer GmbH processes personal data of the customer in accordance with applicable data protection laws.

Further information is available in the privacy policy on our website.

X. Final Provisions

Place of performance and jurisdiction, where legally permitted, is the registered office of Schirmer GmbH.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaffected.