Terms and Conditions

These General Terms and Conditions apply to the provision of work and services and the delivery of goods by Kabel Technik Kiel GmbH.

Any provisions deviating from these terms and conditions, in particular in the general terms and conditions of the contractual partner, shall only apply if confirmed in writing.

The customer is the respective contractual partner of Kabel Technik Kiel.

Services include the provision of work and services, the delivery of goods and other services defined in individual cases between the contractual partners.

Contractual declarations by both parties must be made in writing. A contractual relationship only comes into effect upon receipt of a corresponding order confirmation by Kabel Technik Kiel, but at the latest upon provision of the service. Contract amendments, contract supplements and verbal side agreements are only effective if confirmed in writing.

Kabel Technik Kiel is bound to its own offers for a period of 14 days. Depending on capacity and availability, Kabel Technik Kiel reserves the right not to accept orders received. In this case, Kabel Technik Kiel will inform the customer immediately.

All prices are stated in the offer or the order confirmation. All prices are exclusive of statutory VAT. The prices quoted do not include any transportation or insurance costs.

Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes to entrepreneurs due to changes in labor, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.

Unless otherwise stated on the invoice or expressly agreed in writing between the parties, invoices are due 14 days after the invoice date. Interest on arrears shall be charged to consumers at a rate of 5 percentage points above the base interest rate and to entrepreneurs at a rate of 8 percentage points above the base interest rate per annum. We reserve the right to assert higher damages caused by default.

The customer shall only be entitled to set-off rights if his claims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

Delivered goods remain the property of Kabel Technik Kiel until all claims against the customer arising from the business relationship have been fulfilled.

The customer is obliged to treat the goods with care as long as ownership has not yet been transferred to him. As long as the ownership has not yet been transferred, the customer has to inform Kabel Technik Kiel immediately in writing if the delivered goods are seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse Kabel Technik Kiel for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer is liable for the loss incurred.

If the customer is a reseller, he is entitled to resell the goods subject to retention of title in the normal course of business. The customer hereby assigns to Kabel Technik Kiel the customer's claims arising from the resale of the goods subject to retention of title in the amount of the agreed final invoice amount (including VAT). This assignment applies irrespective of whether the goods have been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Kabel Technik Kiel's right to collect the claim itself remains unaffected. However, Kabel Technik Kiel will not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended.

The treatment and processing or transformation of the goods by the customer is always carried out in the name of and on behalf of Kabel Technik Kiel. In this case, the expectant right of the customer to the object of sale continues in the transformed object. If the goods are processed with other items not belonging to Kabel Technik Kiel, Kabel Technik Kiel acquires co-ownership of the new item in the ratio of the objective value of the goods to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportional co-ownership to us and keeps the resulting sole ownership or co-ownership for Kabel Technik Kiel. To secure the claims against the customer, the customer also assigns to Kabel Technik Kiel such claims against a third party that accrue to him through the combination of the reserved goods with a property; Kabel Technik Kiel hereby accepts this assignment.

Kabel Technik Kiel undertakes to release the securities to which it is entitled at the customer's request if their value exceeds the claims to be secured by more than 20 %.

The delivery time stated on the order confirmation is subject to the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract remains reserved.

If compliance with the delivery period is delayed due to force majeure or other events for which Kabel Technik Kiel is not responsible, the delivery period shall be extended accordingly. Such events include in particular Natural disasters, energy shortages, operational disruptions, delays in the delivery of essential materials, labor disputes and official orders that are not attributable to the operational risk. This also applies if the circumstances occur at subcontractors. The delivery period shall be extended in accordance with the duration of such measures and obstacles. If the aforementioned circumstances last for an unreasonably long time, both Kabel Technik Kiel and the customer are entitled to withdraw from the contract. If the delivery becomes completely impossible, Kabel Technik Kiel is released from the obligation to deliver.

If the customer is in default of acceptance or culpably violates other obligations to cooperate, Kabel Technik Kiel is entitled to demand compensation for the damage incurred in this respect, including any additional expenses. Further claims remain reserved. If the above conditions are met, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay. Further statutory claims and rights of the customer due to a delay in delivery shall remain unaffected.

If the goods are shipped to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest when the goods leave the factory/warehouse. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.

The warranty for work services or purchase is 24 months for consumers, otherwise 12 months.

Claims for defects by the customer, insofar as these fall within the scope of the German Commercial Code (HGB), presuppose that the customer has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB.

Defects must be reported in writing. If Kabel Technik Kiel does not succeed in remedying the defect within three attempts to remedy the defect even after a reasonable period of grace has expired, the customer may - insofar as the value or suitability of the service is impaired - demand a reduction in the price, rescission of the contract or damages up to the value of the order, at his discretion. In the case of insignificant errors or deviations, however, withdrawal from the contract and claims for damages are excluded.

There is no entitlement to warranty for services.

Kabel Technik Kiel is only liable for personal injury or damage to property in cases of intent or gross negligence. The liability for damages is limited to the foreseeable, typically occurring damage. Kabel Technik Kiel shall not be liable for indirect or consequential damages, in particular not for loss of profit.

Sketches, samples, drafts and industrial property rights in connection with the subject matter of the contract remain the property of Kabel Technik Kiel.

The place of performance is Kiel.

If the customer is a merchant or a legal entity under public law, the place of jurisdiction is Kiel.

The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Kabel Technik Kiel GmbH does not participate in proceedings under the Consumer Dispute Settlement Act.

Should individual provisions of the contract, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision that comes as close as possible to the economic success intended by the invalid provision.