General Terms and Conditions of Sale vis-à-vis Entrepreneurs
§ 1 Scope
(1) These terms and conditions contain the terms and conditions that apply exclusively between you and us, Q-LAB® GmbH, Managing Partner: Maximilian Rüttiger, trading under the business name Q-LAB® GmbH, insofar as these are not amended by written agreements between the parties. Deviating or conflicting terms and conditions shall not be recognised by us unless we have expressly agreed to them.
(2) You will be notified of any amendments to these Terms and Conditions in writing, by fax or by e-mail. If you do not object to this amendment within four weeks of receipt of the notification, you shall be deemed to have accepted the amendments. You will be informed separately of the right to object and the legal consequences of silence in the event of an amendment to the Terms and Conditions.
§ 2 Conclusion of contract
The presentation of our goods does not constitute a binding offer on our part. Only the order of goods by you is a binding offer according to § 145 BGB. In the event of acceptance of this offer, we will send you an order confirmation by e-mail.
§ 3 Terms of payment
We deliver the ordered goods on account. The term of payment is 14 days without deduction.
Payment is made by bank transfer to our account.
§ 4 Retention of title
(1) The goods remain our property until full payment has been made. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.
(2) You are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, you already now assign to us all claims from such a resale in the amount of the invoice value of our claim, regardless of whether this takes place before or after any processing of the goods delivered under retention of title. Irrespective of our authority to collect the claim ourselves, you shall remain authorised to collect the claim even after the assignment. In this context, we undertake not to collect the claim as long and as far as you meet your payment obligations, no application for the opening of insolvency or similar proceedings has been filed and there is no cessation of payments. Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, we shall be obliged to release the securities at our discretion upon your request.
§ 5 Delivery conditions
(1) We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in each case with the product description and are shown separately by us on the invoice. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(2) Insofar as we do not deliver the goods or do not deliver them in accordance with the contract, you must set us a grace period to effect performance. Otherwise you are not entitled to withdraw from the contract.
§ 6 Warranty
(1) Insofar as the delivered goods are defective, you are entitled within the framework of the statutory provisions to demand subsequent performance in the form of rectification of the defect or delivery of a defect-free item. We shall have the right to choose the type of subsequent performance. If the supplementary performance fails, you are entitled to reduce the purchase price or to withdraw from the contract. The prerequisite for any warranty rights is that you properly fulfil all inspection and complaint obligations owed in accordance with § 377 of the German Commercial Code (HGB).
(2) The limitation period for warranty claims for the delivered goods is - except in the case of claims for damages - twelve months from receipt of the goods.
§ 7 Limitation of liability
(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you as a customer regularly rely on. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are neither liable for the constant and uninterrupted availability of our online trading system.
§ 8 Final provisions
(1) Amendments or supplements to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2) 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.
(3) The place of performance as well as the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Prien am Chiemsee.
(4) Should individual provisions of this contract be ineffective or contradict the legal regulations, this shall not affect the rest of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply accordingly in the event of loopholes.
Q-LAB® GmbH
Managing Partner: Maximilian Rüttiger, Dipl. Ing. (FH)
Seestr. 113
D-83209 Prien am Chiemsee
Telefon: +49 (0) 8051 966 72 - 90
Telefax: +49 (0) 8051 966 72 - 97
E - Mail: office@q-lab.de
VAT ID:
Sales tax identification number according to §27 a Umsatzsteuergesetz:
DE 309 584 551
