General Terms and Conditions (B2C)

I General Provisions
The following conditions apply in conjunction with every order.
General terms and conditions of the buyer only apply to the extent that the supplier (Killinger) has stated his explicit respective approval in writing.
Verbal agreements prior to or at the time of the conclusion of the contract require the written confirmation by the supplier to become effective.

So far these conditions, regulations for trade with business contained, are valid there only against the business partner at the time of conclusion of the legal transaction in practice of its commercial or independent activity act and in relation to a legal entity of public right as well as a public-legal special estate.

II Offers and conclusion of the Contract
Our offers are always subject to change and are nonbinding, estimates are nonbinding.
Killinger reserves his property rights and copyright-related utilization rights in conjunction with cost estimates, drawings and other documents.
All this documents may only be made accessible to third parties upon prior approval by Killinger and, if the order is not placed with Killinger, they should be returned to Killinger immediately and in full, upon written request.

When ordering through our online shop you as a binding customer of ours express your wish to acquire the contents of the shopping basket by clicking on the "buy-order" button and to accept our GTCs.

We have the right of partial delivery and invoicing if such is reasonable for the buyer.

The measurements, drawings, technical data of rpm and weights which are indicated in offers, any documentation, brochures or pricelists are nonbinding and may be changed by us without special notification.
We reserve the right of technical alterations without special notice.

The contract comes into with our written acceptance of your order (order confirmation) or we notify you that the goods are ready for dispatching, or if we do not contradict the order within 10 days.

 

III Buyers Duties
The buyer is obliged to provide truthful information when registering.
Should his data change within the processing contract, he is obliged to inform us of these charges immediately.
Should the buyer fail to do so, or should he provide us with false information we are entitled to withdraw the concluded contract. The period of withdrawal becomes valid with sending the withdrawal by e-mail.
We will confirm the buyers order within 2 days by email.
The buyer must ensure that the email account can be reached and that the receipt of the mails is not excluded due to passing on, closure or congestion of the account.

 

IV Prices
All prices offered in the catalogue are nonbinding prices in EURO including the German value added tax. We accept no liability for print errors in terms of price details. The billing is based on the price list that is applicable at the time of delivery, which we shall confirm to the buyer.

The buyer can accept the confirmation or dispense with the order.
The German tax does not apply for customers outside the EU, the billing of tax for EU customers can only be dropped if he can prove a valid tax-registration-number.

V Terms, Delivery
Delivery takes place at the risk and at the expense of the buyer from the warehouse of the supplier. The risk transfers to the buyer, prepaid deliveries included, with the proper provisioning from the ramp to the acceptance through the transportation person/agent.

Transport takes place by parcel services on condition that weight and volume are within the acceptable dimensions.
The forwarding costs for parcel services are determined according to the weight and dimensions of the package as well as from the parcel services current rates on time of dispatching.
Packing costs are charged as cost price.

Deliveries of goods and machines with more than 30 kg are carried out by shipping agents and forwarding agencies. The buyer is also allowed to collect his own order.
The forwarding agent is obliged for the transport, but not for the unloading and transport to the customers final place of destination.
The buyer is responsible and liable for unloading as well as for the transport of the goods to its final place of destination.

Prices for deliveries to Germany for parcels with max. 30 kg by parcel service

- up to a gross value of € 120,-- :
ex works/ex warehouse + packing and parcel service costs -
minimum charge € 6,20 incl. German tax.
- more than a gross value of € 120,-- : packing and freight inclusive, free of charges

Prices for delivery to the EU or outside the EU for parcels with max. 30 kg
Charges depending on weight, volume and local charges. Costs shall be offered from the supplier with the confirmation order.

 

VI Terms of Delivery
Delivery terms begin to the time of the receipt of the order, if the supplier does not contradict or if any special agreement with the buyer applies.

Time of delivery takes place as fast as possible; the delivery opportunity remains reserving.
Delivery times are considered in principle as approximate and nonbinding, also special agreements for delivery times exclude liability claims as per §376 HGB.
Higher force, also in the person of our suppliers releases us from the supply without damage claims. With special productions, production parts as per the buyers request, we do not commit ourselves to a concrete or definite date of delivery.

Unsatisfactory information on the part of the buyer entitle us to cancellation conclusions, contracts and delivery obligations totally or partly.

The compliance with agreed upon terms for the deliveries requires the timely receipt of all necessary documents which have to be delivered from the buyer, permits and releases, especially with agreed upon payment terms or down payments and other obligations through the buyer. If these conditions are not fulfilled on time, the terms for the supplier shall be extended appropriately.

 

VII Payment
Payment shall be processed in accordance with the payment conditions as determined by us with the confirmation order, basically in full before we dispatch your order.

Payments shall be arranged to our account of Deutsche Bank AG
IBAN DE70 7007 0024 0544 1118 00
BIC DEUTDEDBMUC

 

VIII Material Defects
The supplier is liable for damages - in case he is obliged because of contract terms or legal claims - resulting of a violation of life, body or health or other damages only which are due to the intentional or negligent violation of obligation of the duties of one of a legal representative or agent of the supplier.

The term of liability for the products of the supplier is 12 month for legal companies/businessman and traders starting with the transfer of risk to the buyer, in contrast the term of liability for consumers/private utilization within the EU is 24 month.

Prerequisite for the acceptance of a liability claim:
- that the obvious claim is indicated to the supplier in writing within 14 days after receipt of the goods
- that the supplied products, accessories, machines exact considering of the setting up and theoperating instructions were used.

The supplier is in particular not liable for changes and alterations on the supplied goods, machines and on machinery parts, the subsequent consequences shall not be covered by the suppliers warranty.

The warranty does not cover natural wear and tear or damage, which occurred after the transfer of risk, in particular due to incorrect, improper or unprofessional use or negligent care, excessive use or unfit means of operation.

An appropriate period for rework or replacement is entitled to the supplier.
The supplier is entitled to visit the damage and claim at the consumers destination and to ask back for the claimed parts.
The buyer is not entitled to remove the parts, or to give rework to third parties without consent of the supplier.

Used Machines are tested carefully, liability claims for material defects are not possible.

The strict investigation and reproach obligations in accordance with §377 HGB valid for commercial business, trades, find in the commercial course of business application.
If the supplier sells a new produced product to a business and if this part which was sold to a consumer must take back because of defects, or makes the consumer a reduction in purchase price, in the §478BGB specified, legal right are entitled to the commercial buyer.
These rights fall under the statute of limitations in the period of §479 BGB.
The rights of the consumer from §478 and §479 are not affected by this.

 

IX Liability
Liability claims for the buyer are excluded, regardless of their legal basis, in particular if they are due to positive violation of liabilities, violation of obligations during contract negotiations and due to illegal action.

This shall not apply to the extent that mandatory liability is given in cases of intent, gross negligence, lack of guarantied characteristics, in accordance with that product liability law, for damage to life, body or health or violation of essential contractual obligations.
However the damage claim for the violation of important contractual obligations shall be limited to typical contractual, foreseeable damages to the extent that this is not a case of intent of gross negligence. The above regulations shall not result in a change of the burden of proof to the disadvantage of the buyer.

 

X Reservation of Ownership/Proprietary
All delivered goods remain the property of the supplier until all current claims that are due to him from the buyer under the business connection have been satisfied.
Forfeiture or transfers by way of security are prohibited.
In the event of forfeitures, collections other obligations or involvement of third parties the buyer has to indicate the ownership of the supplier and must inform the supplier immediately.

In the event of any violation against essential contractual obligations for which the buyer is fault, especially of late payment the supplier is entitled to take back the goods. The buyer is obliged to return the goods without delay and to full extent.

The buyer explains itself hereby expressly in agreement the fact, that the supplier or the persons assigned by the supplier is for the purpose of the collection of the supplied purchase object the area and building on that the purchase object, to carry on and may enter.

This shall also apply, if the financial situation of the buyer deteriorates significantly.
The retrieval or the claiming of the reservation of proprietary or the forfeiture of the security goods through the supplier does not constitute a withdrawal from the contract.

 

XI Jurisdiction
These terms and conditions of Killinger Maschinen GmbH become binding for the buyer if he is issuing an order.

The sole jurisdiction for all disputes that directly or indirectly rise from the contractual relationship is Fürstenfeldbruck.
The law of the Federal Republic of Germany shall apply for the contractual relations or the application of the German legal standards of the conflict of laws.

If individual items become legally invalid, the remaining parts of the contract, terms and conditions shall remain binding.
If individual regulations of these terms and delivery conditions become invalid due to legal regulations, they shall be replaced by such valid regulations which come closest to the intention and purpose of the invalid regulations.
If so the extent necessary, the buyer shall be obliged, to take all necessary steps to achieve this objective.

 

Killinger Maschinen GmbH
D-82223 Eichenau

Our lathes are not offered in our shop: We make special offers on request.
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