Terms of service

§ 1 – Scope

  1. All deliveries, services, and offers of EQUUSIR Germany GmbH are made exclusively on the basis of these General Terms and Conditions. These are part of all contracts that EQUUSIR Germany GmbH concludes with its contractual partners (hereinafter also referred to as "Clients") regarding the deliveries or services it offers. They also apply to all future deliveries, services, or offers to the Client, even if they are not agreed upon separately again.
  2. The terms and conditions of the Client or third parties do not apply, even if EQUUSIR Germany GmbH does not expressly object to their validity in individual cases. Even if EQUUSIR Germany GmbH refers to a letter containing or referring to the Client's or a third party's terms and conditions, this does not constitute agreement with their validity.

§ 2 – Offer and Conclusion of Contract

  1. All offers made by EQUUSIR Germany GmbH are non-binding and without obligation unless they are expressly marked as binding or contain a specific acceptance period. Legal commitment is only established by a contract signed by both parties or by the Client’s order and the receipt of a written or electronic (fax or email) order confirmation from EQUUSIR Germany GmbH, as well as by EQUUSIR Germany GmbH beginning to perform the agreed service or delivering the goods.
  2. The scope, type, and quality of the deliveries and services are determined by the contract signed by both parties or by the order confirmation from EQUUSIR Germany GmbH; otherwise, the offer from EQUUSIR Germany GmbH applies. Other information or requirements only become part of the contract if the parties agree in writing or electronically or if EQUUSIR Germany GmbH confirms them in writing or electronically.
  3. Any amendments or changes to the agreements, including these General Terms and Conditions, require written or electronic form to be effective.

§ 3 – Delivery and Delivery Time

  1. Deliveries are made from the warehouse. At the request and expense of the Client, the goods will be shipped to another destination (shipment purchase). Unless otherwise agreed, EQUUSIR Germany GmbH is entitled to determine the type of shipment (in particular, the transport company, shipping method, packaging) at its own discretion.
  2. The delivery periods and dates promised by EQUUSIR Germany GmbH are always approximate, unless a fixed period or a fixed date has been expressly promised or agreed upon. If shipment has been agreed, delivery periods and delivery dates refer to the time of handover to the carrier, freight forwarder, or other third party responsible for transport.
  3. EQUUSIR Germany GmbH may, without prejudice to its rights arising from the Client's delay, demand an extension of delivery and performance periods or a postponement of delivery and performance dates by the period during which the Client fails to meet its contractual obligations towards EQUUSIR Germany GmbH.
  4. EQUUSIR Germany GmbH is not liable for the impossibility of delivery or for delivery delays caused by force majeure or other unforeseeable events at the time of the conclusion of the contract (e.g., operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, labor shortages, energy or raw material shortages, difficulties in obtaining necessary official approvals, official measures, or the failure of suppliers to deliver, deliver correctly, or deliver on time) that are beyond the control of EQUUSIR Germany GmbH. If such events make delivery or performance significantly more difficult or impossible for EQUUSIR Germany GmbH and the hindrance is not merely temporary, EQUUSIR Germany GmbH is entitled to withdraw from the contract. Temporary hindrances entitle EQUUSIR Germany GmbH to postpone delivery or performance by the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract entirely or partially for the unfulfilled part.
  5. If the parties agree on additional services that affect agreed deadlines after the contract has been concluded, these deadlines are extended by an appropriate period.
  6. EQUUSIR Germany GmbH is entitled to make partial deliveries if the delivered parts are useful to the Client independently.
  7. If EQUUSIR Germany GmbH is in default with a delivery or service or if a delivery or service becomes impossible for it, regardless of the reason, the liability of EQUUSIR Germany GmbH for damages is limited according to § 7 of these General Terms and Conditions.

§ 4 – Place of Performance, Transfer of Risk, Acceptance

  1. The place of performance for all obligations arising from the contractual relationship is Weiherhammer, unless otherwise agreed.
  2. The risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, passes to the Client upon delivery of the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. This also applies in the case of partial deliveries. If the shipment or handover is delayed due to a circumstance caused by the Client, the risk is transferred to the Client from the day on which the goods are ready for shipment and EQUUSIR Germany GmbH has notified the Client accordingly.
  3. If the Client is in default of acceptance, fails to cooperate, or if delivery is delayed for other reasons attributable to the Client, EQUUSIR Germany GmbH is entitled to demand compensation for the resulting damage, including additional expenses (e.g., storage costs). EQUUSIR Germany GmbH may charge a flat-rate compensation of 0.20% of the net price per calendar day, beginning with the delivery period or – in the absence of a delivery period – with the notification that the goods are ready for shipment, but not exceeding 5% of the net price in total.
  4. The right to prove higher damages and legal claims (especially termination) remains unaffected; however, the flat-rate compensation is to be credited against further monetary claims. The Client is entitled to prove that EQUUSIR Germany GmbH has not incurred any damage or has incurred significantly less damage than the aforementioned flat rate.

§ 5 – Prices and Payment

  1. Unless otherwise agreed in individual cases, the current prices of EQUUSIR Germany GmbH at the time of conclusion of the contract apply, ex-warehouse, plus statutory value-added tax. Any customs duties, fees, taxes, and other public charges shall be borne by the Client. In the case of shipment purchase (§ 3 para. 1, sentence 2), the Client also bears the transport costs ex-warehouse and the costs of any transport insurance requested by the Client.
  2. Unless otherwise agreed, invoices from EQUUSIR Germany GmbH are payable immediately upon invoicing without deduction. The invoice may be sent electronically.
  3. Offsetting with counterclaims of the Client or withholding payments due to such claims is only permitted if the counterclaims are undisputed or legally established.
  4. EQUUSIR Germany GmbH is entitled to perform or provide outstanding deliveries or services only against advance payment or the provision of security if, after the conclusion of the contract, circumstances become known that are likely to significantly reduce the creditworthiness of the Client and thereby jeopardize the payment of the outstanding claims of EQUUSIR Germany GmbH by the Client from the respective contractual relationship.

§ 6 – Warranty

The warranty is governed by statutory provisions. Deviating from this, the following applies:

  1. For entrepreneurs:
    • An insignificant defect generally does not justify warranty claims.
    • EQUUSIR Germany GmbH has the choice of the type of subsequent performance.
    • For new goods, the limitation period for defects is one year from delivery of the goods.
    • For used goods, the rights and claims for defects are generally excluded.
  2. For consumers, the limitation period for defect claims is:
    • Two years for new goods from the delivery of the goods to the Client.
    • One year for used goods from the delivery of the goods to the Client.
  3. The statutory limitation periods remain unaffected in the event of willful misconduct or fraudulent concealment of a defect.
  4. In the case of a mutual commercial transaction, the Client has the obligation to inspect and notify defects according to § 377 HGB (German Commercial Code). If the Client fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
  5. Warranty claims do not exist in the case of excessive or improper use or other errors demonstrably caused by the Client, as well as in the case of damage caused by subsequent changes made by the Client or third parties.
  6. EQUUSIR Germany GmbH assumes no liability for the correctness of technical data and other information in manufacturer brochures. They also do not constitute guaranteed properties of EQUUSIR Germany GmbH or agreed upon with the company EQUUSIR Germany GmbH. To the extent that EQUUSIR Germany GmbH is entitled to claims against the manufacturer arising from manufacturer information, EQUUSIR Germany GmbH undertakes to assign these claims to the Client insofar as the Client does not have a warranty claim against EQUUSIR Germany GmbH.
  7. EQUUSIR Germany GmbH may demand reimbursement of its expenses if it takes action due to a complaint and no defect exists, unless the Client could not reasonably have recognized that there was no defect.

§ 7 – Liability for Damages Due to Fault

  1. Unless otherwise stated in these General Terms and Conditions, including the following provisions, EQUUSIR Germany GmbH is liable for breach of contractual and non-contractual obligations in accordance with statutory provisions.
  2. For damages, EQUUSIR Germany GmbH is liable – regardless of the legal basis – within the scope of fault-based liability in the case of intent and gross negligence. In the case of simple negligence, EQUUSIR Germany GmbH is only liable subject to a milder liability standard under statutory provisions (e.g., for care in its own affairs):
    • For damages resulting from injury to life, body, or health.
    • For damages resulting from a significant breach of a fundamental contractual obligation (obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Client regularly relies and may rely); in this case, however, the liability of EQUUSIR Germany GmbH is limited to compensation for foreseeable, typically occurring damage.
  3. The liability limitations arising from paragraph 2 also apply to breaches of duty by or for the benefit of persons for whom EQUUSIR Germany GmbH is responsible under statutory provisions. They do not apply if EQUUSIR Germany GmbH has fraudulently concealed a defect or assumed a guarantee for the quality of the goods and for claims of the Client under the Product Liability Act.

§ 8 – Retention of Title

  1. Until full payment of all current and future claims arising from this contract and an ongoing business relationship (secured claims), EQUUSIR Germany GmbH retains ownership of the sold goods. The goods and the goods covered by the retention of title are hereinafter referred to as "Reserved Goods."
  2. The Client must notify EQUUSIR Germany GmbH immediately if an application for insolvency proceedings is filed or if third parties (e.g., seizures) gain access to the goods owned by EQUUSIR Germany GmbH.
  3. The Client stores the Reserved Goods free of charge for EQUUSIR Germany GmbH.
  4. The Client is entitled to process and sell the Reserved Goods in the ordinary course of business until the occurrence of the realization event (paragraph 7). Pledges and transfers of ownership by way of security are not permitted.
  5. If the Reserved Goods are resold, either alone or together with goods not owned by EQUUSIR Germany GmbH, the Client assigns to EQUUSIR Germany GmbH, by way of security, the resulting claims from the resale in the amount of the value of the Reserved Goods with all ancillary rights and priority over the rest. EQUUSIR Germany GmbH accepts the assignment. The same applies to other claims that take the place of the Reserved Goods or otherwise arise concerning the Reserved Goods, such as insurance claims or claims arising from tort in the event of loss or destruction. The value of the Reserved Goods is the invoice amount of EQUUSIR Germany GmbH, which remains out of consideration if it is opposed by the rights of third parties. EQUUSIR Germany GmbH revocably authorizes the Client to collect the assigned claims in its own name. EQUUSIR Germany GmbH may revoke this authorization only in the event of realization.
  6. If third parties access the Reserved Goods, particularly through seizure, the Client must immediately inform them of EQUUSIR Germany GmbH's ownership. If the third party is not able to reimburse EQUUSIR Germany GmbH for the court or out-of-court costs incurred in this context, the Client is liable to EQUUSIR Germany GmbH.
  7. If EQUUSIR Germany GmbH withdraws from the contract in the event of conduct by the Client in breach of the contract – particularly default of payment – it is entitled to demand the return of the Reserved Goods.

§ 9 – Final Provisions

  1. The place of jurisdiction is Weiden in der Oberpfalz.
  2. The relationship between EQUUSIR Germany GmbH and the Client is governed exclusively by the law of the Federal Republic of Germany.
  3. If the contract or these General Terms and Conditions contain loopholes, the legally effective provisions that the contractual partners would have agreed upon according to the economic objectives of the contract and the purpose of these General Terms and Conditions shall be deemed to have been agreed upon to fill these loopholes.
  4. Participation in contests is subject to the Contest Terms and Conditions of EQUUSIR Germany GmbH.