florian.bergemann@create-21.de
+49 178 78007076
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GENERAL TERMS AND CONDITIONS OF SALE (VB)

Create 21 GmbH – Trade, Design, Mechanical Engineering, Service

1. SCOPE

  • These terms and conditions of sale apply to all deliveries and services of Create 21 GmbH (Seller) to customers (Customer).
  • Deviating conditions of the Customer shall only become part of the contract if expressly confirmed in writing by the Seller.

2. CONCLUSION OF CONTRACT

  • Offers by the Seller are non-binding.
  • The contract is concluded by written order confirmation or delivery/performance.
  • Oral collateral agreements require written confirmation.

3. PRICES AND PAYMENT TERMS

  • Prices are net plus statutory VAT, including delivery, unless otherwise agreed.
  • Payments are due within 30 days of the invoice date without deduction.
  • Discounts or rebates only apply if expressly agreed in writing.

4. DELIVERY AND PERFORMANCE CONDITIONS

  • Deliveries are made free to the point of delivery or according to agreement.
  • Delivery dates are non-binding unless expressly confirmed in writing as binding.
  • Partial deliveries are permissible if reasonable.

5. TRANSFER OF RISK AND SHIPPING

  • Risk passes to the Customer upon handover to the carrier, even if delivery is freight-free.
  • The Seller undertakes to package the goods properly.

6. WARRANTY AND LIABILITY

  • The Seller warrants that the delivery is free of material and legal defects.
  • Defects must be reported in writing within 7 days of delivery.
  • Remedy or replacement delivery is at the Seller’s discretion.
  • The Seller’s liability for damages, regardless of the legal reason, is limited to the net order value of the respective delivery or service.
  • Further claims, in particular for lost profits or indirect damages, are excluded as far as legally permissible.

7. RETENTION OF TITLE

  • Delivered goods remain the property of the Seller until full payment is made.
  • Processing or resale by the Customer is not permitted without the Seller’s consent.

8. WITHDRAWAL AND CONTRACTUAL PENALTY

  • In the event of payment default or material breach of duty, the Seller may withdraw from the contract.
  • Any resulting costs shall be borne by the Customer.

9. GOVERNING LAW AND JURISDICTION

  • German law applies, excluding UN sales law (CISG).
  • Jurisdiction is the Seller’s registered office, as far as legally permissible.