General Terms and Conditions (T&Cs)
General Terms and Conditions
We cut the red tape: The following terms, under which we sell exclusively, are concise by design. Our product offering is intended solely for commercial and public-sector purchasers. Accordingly, these Terms apply only to businesses and public entities. Any differing terms proposed by the purchaser are invalid—even if we do not expressly object; they apply only if we confirm them in writing. Section 312e (1) sentence 1 nos. 1–3 and sentence 2 of the German Civil Code (BGB) regarding obligations in electronic commerce does not apply.
1. Offer
Our offers are non-binding. A contract is formed only when we confirm the order in writing. We reserve the right to change products as part of ongoing technical improvements.
2. Prices
Unless our order confirmation states otherwise, all prices are in euros per unit, plus any material-based surcharges. Statutory VAT is not included. For orders under €100.00, we charge a handling fee of €10.00. Otherwise, prices are ex works, excluding packaging. Our packaging is limited to what is necessary and is generally reusable or recyclable. Price changes during a catalog’s validity are rare but—also to your benefit—possible. Therefore, the prices shown in our order confirmation, which may differ from the catalog, price lists, or our non-binding offer, are binding.
3. Shipping and packaging costs
Shipping is handled according to the arrangements made.
Otherwise, shipping and packaging costs are usually calculated based on the total order’s weight and/or volume. Flat shipping/packaging charges within Germany are determined during the quoting process and confirmed individually when the order is placed.
Shipping costs for deliveries to other countries are available upon request.
4. Payment
Unless stated otherwise in the order confirmation, our invoices are payable net within 30 days. You may offset or withhold payments only with counterclaims that are undisputed by us or have been finally established by law.
5. Delivery period
A large portion of our products is available for quick shipment from stock. Otherwise, our stated delivery times are non-binding guidelines, as some products are made to order or on periodic schedules. Delivery times apply from the date of our order confirmation and, where applicable, after all approvals and releases, clarification of all technical matters, and receipt of any agreed advance payment. If a fixed delivery date is expressly agreed in writing, it is of course binding for us.
If the purchaser is in default of acceptance, negligently breaches other duties to cooperate, or our delivery is delayed for other reasons attributable to the purchaser, we are entitled to claim the resulting damages, including any additional expenses.
Our liability in the event of delivery delay is governed by statutory provisions; in all cases, a written reminder from the purchaser is required.
We are also liable under statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; any fault by our representatives or vicarious agents is attributable to us. If the delay is due to gross negligence, our liability for damages is limited to foreseeable, typical losses.
In all other cases of delivery delay, we pay liquidated damages of 0.5% of the delivery value for each full week of delay, but no more than 5% of the delivery value. We reserve the right to prove that the purchaser suffered no damage or substantially less damage than the above flat amount.
6. Transport
Once the goods you ordered are handed over to the carrier (postal service, rail, parcel service, or freight forwarder), we have fulfilled our contractual obligation, and the risk passes to you. Please inspect the goods upon receipt to ensure they are intact. If there is transport damage, please follow the instructions attached to the delivery note. Where it is faster and economically sensible, we will make partial deliveries—especially when product lead times differ significantly—so you receive your goods as quickly as possible.
7. Retention of title
As is customary, each delivery is made under the following retention of title: Ownership passes to you only once all our current and future claims arising from the business relationship have been satisfied. In the ordinary course of business, you are entitled to process or resell goods under retention of title. Claims arising from such resale—which you may collect yourself, subject to our revocation—are hereby assigned to us as security. If you process or transform the goods under retention of title, this is always done for us as the supplier. If they are combined with other goods, we acquire co-ownership in proportion to their value.
8. Complaints
Merchants may assert warranty claims against us only if they have properly fulfilled their statutory duties to inspect and notify defects. Other customers must report obvious defects in writing within two weeks of receiving the goods; otherwise, the assertion of warranty claims is excluded. Sending the notice in time is sufficient to meet the deadline. The customer bears the full burden of proof for all requirements of a claim, in particular for the defect itself, the time it was discovered, and the timeliness of the notice of defect.
9. Warranty and damages
Our products come with a warranty period of 2 years from delivery; for claims arising from injuries to life, body, or health attributable to us, our legal representatives, or vicarious agents, the statutory warranty period applies. Where our sales materials expressly provide a longer quality guarantee for specific products, that longer period naturally applies. Claims for damages based on a guaranteed characteristic are available to the purchaser only if the guarantee was intended to protect the purchaser against the specific damage that occurred. Other claims for damages arising from warranty—except for claims based on injuries to life, body, or health attributable to us, our legal representatives, or vicarious agents—are excluded in cases of slight negligence, unless they involve foreseeable, typical losses resulting from the breach of essential contractual duties; claims for damages are not excluded where intent or gross negligence by us, our legal representatives, or vicarious agents is involved.
10. Jurisdiction and applicable law
The place of jurisdiction for all disputes arising out of contractual relationships with merchants is Kitzingen/Würzburg. The law of the Federal Republic of Germany applies exclusively.
11. Data processing
To meet today’s requirements, we store and process customer-related personal and company data using electronic data processing (EDP). More information: Privacy Policy
12. Legal validity
If any individual provision of these General Terms and Conditions is invalid, the validity of the remaining provisions and of the entire legal transaction remains unaffected.
13. Copyright
All texts, images, sketches, installation guides, videos, safety data sheets, and other content on the Kern Studer websites and in our catalogs are protected by copyright. Copying, reproducing, or using this content and these files is permitted only with the express authorization of Kern Studer GmbH.
Your Kern Studer GmbH
Kern Studer GmbH
Gewerbering Süd 12
D - 97359 Schwarzach am Main