General Terms and Conditions (GTC) of Norta MIT GmbH (Seller) for the sale and delivery of products and services. The following terms apply only if the Buyer is an entrepreneur (§ 14 BGB).

 

1. Validity

1.1. Any delivery of goods and services by the seller shall be subject to the Terms and Conditions set forth herein. General Terms and Conditions of the Buyer shall only apply if we agree to this in writing.

 

2. Offer and Conclusion

2.1. The offers of the Seller are non-binding and subject to confirmation.

2.2. Drawings, illustrations, dimensions, weights or other performance data are only binding if expressly agreed in writing.

 

3. Delivery time

3.1. Delivery times or periods are binding only if this has been expressly agreed in writing.

 

4. Transfer of Risk and Place of Performance

4.1. The risk of the goods shall pass to the Buyer as soon as the goods have been passed on to the person performing the transport in Hamburg or at the place of business of seller’s supplier if direct shipping to Buyer is agreed. Goods for which delivery is suspended pending payment by the Buyer, as well as, Goods of which delivery is wrongfully rejected or not accepted by the Buyer, shall be held and stored by the seller at the risk and expense of the Buyer.

4.2. Place of performance is Hamburg.

 

5. Rights of the Buyer due to defects

5.1. The deadline for submission of warranty claims is one year from date of delivery.

5.2. If the manufacturer’s operating or maintenance instructions have not been observed; changes have been made to the goods or parts or materials have been used which do not meet the original specifications, no claims can be made for defects of the goods if the Buyer does not disprove the appropriate substantial claim that only one of these circumstances has caused the defect.

5.3. The Buyer must notify the Seller immediately in writing about any defect. About defects, which cannot be discovered within this period, even with careful examination, the Buyer must notify the seller in writing immediately after discovery. 5.4. A liability for fair wear and tear is excluded.

5.5. Claims for defects against the seller are not transferable.

 

6. Payment

6.1. Unless otherwise agreed, invoices are payable immediately with invoicing without deductions.

6.2. The Buyer is only entitled to offsetting, retention or reduction, even if claims or counterclaims are submitted, if the counterclaim has been legally determined or is undisputed. However, the Buyer is also entitled for retention if the counterclaim is from the same contract.

 

7. Limitation of Liability

7.1. Damage claims are excluded independently of the nature of the breach, including unlawful acts, as far as the breach does is not intentional or grossly negligent.

7.2. In case of breach of contract, the seller is liable for any negligence, but only up to the foreseeable damage. Claims for loss of profits, saved costs, damages from third parties, and other indirect and consequential damages cannot be claimed, unless a guaranteed quality of the goods aims at protecting the Buyer against such damages.

7.3. The limitations of liability and exclusions in paragraphs 1 and 2 shall not apply to claims which are due to malicious behavior of the seller, and a liability for guaranteed characteristics, for claims under product liability law as well as damage from the loss of life, limb or health.

7.4. If the liability of the seller is excluded or limited this also applies to employees, representatives and agents of the seller.

 

8. Governing Law, Jurisdiction, Severability

8.1. All legal relations between Seller and Buyer, shall be governed by the laws of the Federal Republic of Germany. The provisions of the CISG do apply.

8.2. If any provision in these Terms and Conditions or any provision in any other agreements is or becomes invalid, the validity of all other provisions or agreements shall not be affected.

8.3. In case of contradiction between the English and German version of these General Terms and Conditions, the German Version shall prevail.

 

The exclusive place of jurisdiction for all disputes arising between the parties is Hamburg, Germany