1.1 These standard terms and conditions shall apply exclusively for all contracts from arcotest GmbH with entrepreneurs (Section 14 of the German Civil Code) and legal entities under public law unless special arcotest GmbH conditions apply for services. Other terms and conditions do not form part of the contract, even if we do not expressly contradict them.
1.2 “Customers” as defined by these terms and conditions are entrepreneurs as per Section 14 of the German Civil Code.
1.3 “Entrepreneur” as defined by these terms and conditions is the customer of all contracts which he concludes with arcotest GmbH for a purpose which can be attributed to a commercial and/or self-employed professional activity on the part of the customer.
2. Contact data
The contact data for arcotest GmbH are:
Legal representative Fritz P. Bloss
+49 7044 90 22 70
AG Mannheim HRB 511684
VAT ID No. as per Sect. 27 a of the Value Added Tax Act: 813775094
3. Prices and terms of payment
3.1 The prices stated on the day of the order are binding, these neither include the applicable statutory VAT nor the delivery, freight and dispatch costs.
3.2 Unless agreed otherwise, all payments must be made within 30 days net or in advance.
3.3 Despite contrary provisions on the part of the customer, arcotest GmbH is entitled to count payments against existing, older residual debts. If costs and interest have already accrued, arcotest GmbH is entitled to count the payments firstly against the costs, then the interest and, finally, the principal sum.
3.4 Payment shall not be deemed as made until the seller can access the sum unconditionally.
4.1 arcotest GmbH is entitled to make partial deliveries and render partial services at any time if this is reasonable for the customer.
4.2 The correct and timely supply of the seller shall be reserved
4.3 The goods are delivered ex factory at the expense of the customer.
4.4 The risk of loss or damage of the goods passes to the buyer upon dispatch thereof, handover to the forwarder or, in the case of collection by the customer, upon provision of the goods.
5.1 As the seller, arcotest GmbH shall fulfil the warranty by providing its choice of either rectification or replacement delivery in the event of defects.
5.2 On receipt of the goods, the customer is obliged to check these immediately for faults and to report such faults immediately, at the latest within a period of two weeks from receipt of the goods. Otherwise, the assertion of warranty claims is excluded.
5.3 For customers who are entrepreneurs, the warranty period is one year from delivery of the goods or provision of other services. This shall not apply if the seller has fraudulently concealed a defect.
6.1 arcotest GmbH’s liability, for whatever legal reason, is restricted to the typical contractual and foreseeable damage.
6.2 This shall not apply in the event of the breach of material contractual duties, i.e., contractual duties whose fulfilment is necessary for the execution of the contract in the first place and on the fulfilment of which the customer regularly relies and may rely.
to damage to body, life and limb,
for intentional or grossly negligent breach of duty on the part of arcotest GmbH, its representatives or its vicarious agents,
for liability under the Product Liability Act and
for claims from guarantees.
7. Retention of title
7.1 The goods shall remain the property of the seller until all obligations from the business relationship have been fulfilled, including secondary claims, compensation claims and payments of cheques and bills. Retention of title shall continue even if individual claims of the seller are incorporated into a running account and the balance is drawn and recognized.
7.2 The customer is entitled to use the goods in the ordinary course of business, to utilise them and sell them on.
7.3 Any processing or restructuring by the customer is always done for the seller without, however, this resulting in any claims based on processing vis-à-vis the seller. Where the (co-)ownership of the seller expires through adjunction, an agreement will be concluded now that the customer’s (co-)ownership of the uniform object will be transferred proportionally according to value (invoice value) to the seller. The customer shall safeguard the seller’s (co-)ownership at no cost.
8. Set-off and retention right
The customer is not entitled to set-off or retention on the basis of its claims which are not established as undisputed or final and absolute.
9. Data privacy
9.1 The customer’s personal data is only used to process the order. All customer data is saved, processed and deleted as per the statutory deadlines, taking account of the applicable provisions of the Federal Data Protection Act and the General Data Protection Regulation.
9.2 As the customer, you are entitled to information on, correction, blocking and deletion of the transferability of the saved data free of charge.
9.3 The privacy statement from arcotest GmbH which can be called up under the menu item “Data privacy” also applies.
10. Final provisions, severability, applicable law, place of jurisdiction
10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which the customer normally resides shall remain unaffected by this provision.
10.2 Should individual provisions of this contract be invalid, this shall not affect the validity of the remaining provisions. In such cases, the contractual parties undertake to agree on a regulation which corresponds to the commercial intent of the invalid provision. This same shall also apply if an omission requiring amendment should become evident when implementing the contract.
10.3 The contractual language is German.
10.4 The place of performance for all services arising from this contractual relationship is the headquarters of arcotest GmbH.
10.5 The place of jurisdiction vis-à-vis merchants is the headquarters of arcotest GmbH.