§ 1 General provisions; scope of General Terms & Conditions
1.1 All services of Almit GmbH are to be effected exclusively on the basis of the following General Terms & Conditions (hereinafter termed “GTC” [“AGB”] as they stand in the valid version thereof that subsists at the time of order placement. Unless expressly agreed in writing, deviating Terms & Conditions shall be deemed inapplicable.
1.2 Those who are deemed users in the context of these Terms & Conditions are both consumers and entrepreneurs (hereinafter termed “Users”). Consumers designated thus under these Terms & Conditions are individuals who conclude specifically targeted agreements that cannot be ascribed to a commercial or professional activity. Entrepreneurs designated thus under hese Terms & Conditions are individuals or legal entities or private companies with legal empowerment, who or which conduct activities within a commercial or professional framework.
§ 2 Description of services
2.1 The merchandise offered via our online shop is solely representative of a selection of goods that are marketed by our company and by means of multiple distributors. You may conclude a purchase agreement with us via this platform. You can send your inquiry for a quote from this platform too.
2.2 You may add disparate goods to your shopping cart. Directly purchasing these goods is permitted. However, you may also submit an inquiry pertaining to the selected goods by clicking the appropriate button.
§ 3 Prices
3.1 All prices are recommended and non-binding.
3.2 The alloy surcharge (LZ) is unique to the product and will be charged according to the weight and the composition of the alloy.
§ 4 Terms of delivery and payment
4.1 The Almit GmbH Terms of delivery and payment are defined here.
4.2 The Almit GmbH and the Almit distributor Terms of delivery and payment are defined in our/their quote/order confirmation.
§ 5 Warranties
5.1 We assume liability only for the quality of our product accordingly.
5.2 From the point of confirming the properties we are liable only if certain characteristics are assured by us in writing. If the assurance given to fully qualified persons, the maximum liability is EUR 25 000,--, though limited to the amount of the defective goods.
5.3 If the delivered products are affected by manufacturing or material defects, that impair the value or the usability of the product, then we will repair or replace the defective product at our discretion. Proceeding statutory warranty claims apply only if the repair fails or a replacement is not made within a reasonable time.
5.4 All statutory and contractual rights of the purchasers warranty expire 6 months after delivery.
§ 6 Liability for compensation of damages and reimbursement of expenditure
6.1 For those who are consumers, we undertake to remain liable for damages in accordance with legal statutes.
6.2 For those who utilise our platform as businesspersons, the following provisions apply in the event of our contractual liability for damages:
6.2.1 Insofar as the claims raised against us are in respect of wilful violation of obligations effected by us, by our representatives or by our agents, we assume liability for damages in accordance with legal statutes. In instances of claims raised against us that allege grossly negligent violation of obligations effected by us, by our representatives or by our agents, liability is limited to foreseeable, typically occurring damage.
6.2.2 Insofar as we or our representatives or agents have culpably violated an obligation that is critical to the proper implementation of the Agreement, whose violation jeopardises the attainment of the contractual objective and in which the User routinely reposes confidence – and should no instance of liability be set out in the legal statutes – liability is limited to foreseeable, typically occurring damage.
6.2.3 Unless otherwise defined in Clauses 6.2.1 and 6.2.2, our liability for compensation of damages is excluded. This also applies insofar as claims for recourse are asserted against us as suppliers in accordance with § 478 of the German Civil Code.
6.3 Liability exclusions and limitations subsisting under the terms of Clause 6.2 also apply to other claims, especially tort liability claims or claims for reimbursement of futile expenditure instead of performance.
6.4 Liability exclusions and limitations subsisting under the terms of Clause 6.2 do not apply to any subsisting claims in accordance with product liability law as defined in §§ 1, 4 or in consequence of culpable damage inflicted on life, body or health. They are also inadmissible insofar as we have assumed a warranty for the properties of the goods in question, have undertaken to commit to the provision of services or have assumed a procurement risk, following which the merchandise is under warranty or the procurement risk is effective.
6.5 Liability arising from assumption of a procurement risk pertains to us only if we have expressly and in writing assumed that procurement risk.
6.6 Insofar as limitation of liability in accordance with Clause 6.2 is inadmissible in claims alleging manufacturers’ liability in accordance with § 823 of the German Civil Code, our liability is limited to payment of product liability insurance. Insofar as this is inapplicable – or is applicable only in part – we are liable to the limit of the indemnity. This Clause does not apply in the event that culpable damage is inflicted on life, body or health.
6.7 Insofar as our liability is excluded or limited, this also applies to individual liability incurred by our employees, workers, associates, representatives and agents.
6.8 Reversal of the burden of proof is not implicated in the aforementioned provisions.
§ 7 Service
In the event of queries or complaints, please send us an e-mail or call us on the phone during working hours.
§ 8 Rule of law; place of jurisdiction
8.1 The law of the Federal Republic of Germany, under exclusion of the UN sales law, is applicable.
8.2 In the case of Users who utilise our platform for any purpose unattributable to professional or commercial activity (consumers), law applicability is subject to the precondition that they are not disadvantaged by being denied access to more favourable legal provisions prevailing in the state in which they habitally reside.
8.3 The place of fulfilment for all our services pertinent to order placement by a dealer, a legal entity under public law or a public law corporation or public sector fund shall be our company offices in DE-64720 Michelstadt.
8.4 The place of jurisdiction for all disputes arising from this contractual relationship – in the event that order placement is effected by a dealer, a legal entity under public law or a public law corporation or public sector fund – shall be our company offices in DE-64720 Michelstadt.
§ 9 Other provisions
9.1 The contract languages shall be German and English.
9.2 Should single or multiple provisions within these General Terms & Conditions be deemed invalid, the remainder of the Agreement is to continue to be deemed valid. The content of any invalid provisions is to be governed by statutory regulations.
Updated: Mai 2012
