The following business conditions apply to all of our current and present offers and agreements concluded with us. The general terms and conditions of the purchaser are not recognized in their entirety. Our terms and conditions apply only to companies pursuant to §14 German Civil Code (BGB), legal entities under public law and special funds under public law.
1.1 An agreement is only considered concluded upon provision of our written order confirmation, or by delivery.
1.2 The display of products in our online shop fails to constitute a legally binding offer and is only a non-binding invitation for ordering; no liability is accepted for errors in the display. We retain the right to make technical or production-related changes to the pictures, descriptions, drawings, weights and dimensions found in our catalogs, brochures and website, provided that the deviations lie within customary tolerances.
1.3 When ordering in our online shop, the purchaser can drag items to the virtual shopping cart with a mouse. The selected items can be viewed there, which allows the purchaser to review the order. By clicking the button “pay for the order”, the purchaser submits a binding offer to conclude a purchase agreement for the items in the virtual shopping cart. The purchaser is bound to this offer within the time period indicated in the product description. The order is forwarded to us, and the purchaser is immediately sent an electronic confirmation of the order by e-mail. We expressly note that this order confirmation does not represent an acceptance of the order.
1.4 If not otherwise expressly agreed, we are not bound to provide CAD files. If we do, they are provided as a voluntary, free service. We assume no liability for the accuracy, completeness, currency and usefulness of the data for the purchaser. The purchaser uses the data at his own risk.
2.1 Our prices are ex factory (Furtwangen), exclusive of packaging, shipping and insurance and plus statutory sales tax if not otherwise expressly indicated. With purchasers that are companies pursuant to §14 German Civil Code, legal entities under public law and special funds under public law (hereinafter “Company”), delivery EXW pursuant to INCOTERMS 2010 is agreed.
2.2 Our prices are determined based on the personnel and material costs at the time at which the agreement was concluded. If the delivery is made more than six months after conclusion of the agreement for reasons for which we are not responsible, we can adapt the prices for companies to the list prices applicable on the delivery date (minus any agreed percentage or fixed rebate).
2.3 If not otherwise agreed, the payment shall be due promptly within 30 days after receipt of the invoice.
2.4 If payment is in doubt because the financial condition of the purchaser has significantly worsened, we are entitled to process all of the purchaser’s orders contingent on a prepayment or security.
2.5 Offsetting with counterclaims on the part of the purchaser or withholding payments on the basis of such claims is only permissible if the counterclaims are uncontested, upheld by a court of law, or if a mutual obligation exists. The purchaser is only entitled to the right of retention if the purchaser’s counterclaim arises from the same contractual relationship, or the claim is uncontested or upheld by a court of law.
3.1 If not expressly indicated otherwise, the delivery period in the product description applies to all products. The indicated delivery deadlines and terms do not apply if there are any changes or additions to the scope of services following the conclusion of the contract. The deadlines and terms will be appropriately extended if not otherwise separately agreed.
3.2 If we are unable to meet the agreed delivery deadline due to restrictions for which we are not responsible (business interruptions, lockouts, energy supply problems, delays in the delivery of essential raw and source materials, etc.), we will immediately notify the purchaser of this fact. If it becomes clear in such a case that we will not be able to render our services within an appropriate time, at the latest however within four months, we and the purchaser may withdraw from the agreement. The same holds true if the impediments still exist four months after our last notification. If we are aware of the reasons for the impediments upon the conclusion of the agreement, we are not entitled to withdraw from the agreement.
4.1 If the purchaser is a consumer pursuant to §13 German Civil Code, we assume liability for the shipment independent of the type of shipment. If the purchaser is a company, the purchaser assumes liability once the items have been given to the contracted carrier, forwarder, or any other delivery agent hired for the shipment.
4.2 We are entitled to make partial deliveries if:
The partial delivery can be used by the purchaser for the contractual purpose, and this does not generate any significant additional expense or cost for the purchaser.
4.3 If the items are special designs that deviate from the standard line, deviations in quantity up to 10%, to the extent standard for the industry, from that in our order confirmation are permissible, provided that the purchaser is a company. In this case, the actually delivered quantity will be invoiced.
5.1 If the purchaser is a company, the purchaser must immediately inspect the delivered parts and notify us of any problems.
5.2 If not otherwise agreed, call orders must be processed within 12 months after conclusion of the agreement. The individual partial deliveries must be called in a timely manner to allow for proper production and delivery by the delivery deadline. If they are not called or specified in a timely manner, we are entitled, following a grace period, to withdraw from the agreement and demand damages instead of the service.
6.1 Goods that we deliver remain our property until payment in full. Goods for which the purchaser has not fully paid before the delivery remain our property until all of our claims arising from the business relationship with the purchaser have been satisfied.
6.2 The purchaser must separately store and identify goods subject to retention of title. The purchaser must insure at its own cost the goods subject to retention of title against fire, water damage, break-in and theft. The insurance policy must be provided to us for review upon request. The purchaser hereby assigns any future claims under the insurance policy to us. We hereby accept the assignment.
6.3 The purchaser shall notify us immediately if third parties have accessed the reserved property. The purchaser will bear all costs associated with recovering and restoring the goods that we delivered.
6.4 The purchaser is entitled to sell the reserved property in the course of normal business, provided that the purchaser is not in default. Pledges or assignments as security are prohibited. By way of precaution, the purchaser fully assigns to us any payables arising from resale or from any other legal reason (insurance, unlawful act) with regard to the reserved property. We grant a revocable authorization to the purchaser to collect the payables assigned to us on our behalf in its own name. The purchaser shall, at our request, disclose the assignment and pass on to us all necessary information and documents regarding debt collection.
6.5 If the retained goods are combined with other articles, the new object shall be subject to retention of title. We thereby acquire a share of ownership in proportion of the value of the retained property to the value of the other combined items. If one of the combined objects is considered the main item, the purchaser shall transfer joint title in proportion of the value of the goods supplied by us (invoice value) to the value of the other combined items. As regards our share of the joint title, the purchaser shall keep the new item free of charge. If the reserved property is resold as an integral part of the new item, the assignment in advance agreed in § 6.4 shall apply only in the amount of the invoice value of the reserved property.
6.6 If the law of the country in which any delivered goods are located does not permit a retention of title or does so only in a limited form, we may reserve other rights to the delivered goods. The purchaser must cooperate with us in relation in all measures (such as registration) necessary to effect the retention of title or to establish such other rights, as may be appropriate in lieu of a retention of title, and to protect such rights.
7.1 If the purchaser is a consumer, the purchaser is entitled to statutory claims for defects.
7.2 If the purchaser is a company, the warranty claims are governed by the following regulations:
7.2.1 If the object of sale is defective, we are entitled to remedy the defect either by eliminating it or delivering a non-defective object. A defect does not exist if the complaints arise due to improper assembly or handling, improper use or natural wear. In the case of a replacement delivery, the purchaser must return the defective object as specified by the provisions of the law. We will bear the expenditures necessary for supplementary performance, in particular the cost of transportation, labor and materials. This does not apply if the costs are higher because the delivered object is at a different location than the site of intended use.
7.2.2 We are entitled to make remedial performance contingent upon the purchaser paying the due purchase price. The purchaser is however entitled to retain a percentage of the purchase price proportionate to the defect.
7.2.3 With the exception of fraud and subject to §8.2.4, the limitation period for claims arising from defects is 12 months starting from the date of delivery or, if acceptance is required, on the date of acceptance.
7.2.4 If the end customer of the purchaser is a consumer and asserts that there are defects, then §7.2.1 to 7.2.3 does not apply to the purchaser’s claims to supplementary performance in cases of recovery from the supplier pursuant to §478 German Civil Code, reimbursement of expenses pursuant to §478 Para. 2 German Civil Code, cancellation or reduction
7.2.5 In deviation from §7.2.1 to 7.2.4, the purchaser is not otherwise entitled to any claims.
8.1 If the purchaser is a consumer, we are liable in accordance with statutory provisions.
8.2 If the purchaser is a company, we are liable pursuant to the following regulations:
8.2.1 We are liable in accordance with statutory provisions for culpable violation of our major contractual obligations. Major contractual obligations are those obligations that characterize the typical aim of the agreement, the performance of which makes the proper implementation of the agreement possible in the first place, and compliance with which the other contractual party may rely on. However, unless our conduct has been either grossly negligent or intentional, we shall be liable only for the typically occurring, foreseeable damage.
8.2.2 In all other cases, we shall be liable only if damage has been caused intentionally or in gross negligence by one of our legal representatives or by a vicarious agent. We shall be liable for damage arising out of any injury to life, limb or health in accordance with the statutory provisions. Otherwise, claims against us for damages arising out of breaches of obligations are excluded.
8.2.3 Liability under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
8.2.4 Any claims for damages pursuant to §8.2.1 to 8.2.3 above are subject to statutory limitation periods.
8.2.5 Any claims for damages on the basis of a violation of our obligation of subsequent performance pursuant to §§ 437 No. 1, 439 German Civil Code shall only exist where, during the twelve months warranty period pursuant to §7.2.3, both a) the purchaser has claimed supplementary performance and b) we have violated our obligation of supplementary performance.
9.1 This agreement is subject to German law. The UN Convention on Contracts for the International Sale of Goods is excepted from this, i.e., it does not apply. Regarding commerce within end-consumers within the European Union, the relevant laws of the country may also be applicable, provided that it is a matter of obligatory consumer rights provisions.
9.2 The place of performance for all obligations for both contractual parties is Furtwangen.
9.3 If the purchaser is a business person, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from and associated with this agreement shall be exclusively determined by our registered office. This also applies if the purchaser does not have a general legal venue in-country, or has moved its domicile or usual place of residence abroad after concluding the contract, or if the purchaser’s domicile or usual place of residence cannot be determined at the time the action is filed. In any event, action can be filed at our discretion against the purchaser in the jurisdiction where the purchaser is domiciled.
9.4 The invalidity of individual provisions of this agreement shall not affect the validity of the remaining provisions and the continued existence of the contract. The ineffective provision will be replaced by an effective provision whose content most closely approximates the financial aim of the ineffective regulation. The same holds true for a gap in provisions.
10.1 Protection of your personal data. For us, protecting your personal data is job one. This website is operated by "Ganter" (hereinafter also “we”). We are the “responsible authority” pursuant to the Federal Data Protection Act. If you would like to use this website, we will need to occasionally collect, save and use the following personal data for usage, arrangement of content, ordering, delivery and rendering of services as well as payment processing for our services: Last name, first name, title, mailing address, e-mail address, telephone number, bank account information and password. You hereby agree to the provision and storage of this data. Your personal data will never be provided to third parties.
10.2 General Information while you are visiting the portal, our web server will be collecting general information in order to operate our service, in particular your type of software and hardware, computer IP address, which websites you visit and the time and length of your visit. This data does not refer to you individually.
10.3 Technical security to protect the provided data, we continuously update our technical and organizational safety measures. These measures are intended to prevent unauthorized access, illegal deletion or manipulation and accidental loss of data.
10.4 Right to information, correction Upon your request, we would be glad to inform you free of cost if and which personal data is being stored. We will immediately correct any incorrect data that you report.
10.5 Further information We value your trust. We therefore seek to keep the lines of communication open at all times regarding the processing of your personal data. Should you have any questions that are not answered by this privacy statement or if you would like more information about a particular item, please feel free to contact our privacy officer at any time.
10.6 Length of archiving Personal data that have been provided to us through our website are only saved until the purpose for which they have been granted is accomplished. As stipulated by commercial and tax law, the archiving period for certain data can be up to 10 years.
11. Ganter seeks to maintain all information on the Internet as current as possible. We retain the right to make technical changes or update incorrect information, and to remove items from the product line. The products of Otto Ganter GmbH & Co. KG have been developed as standard elements with the aim of satisfying a broad spectrum of demands. For special applications with exceptional demands on our products, we can assume no warranty of their suitability. Our design department will be glad to provide information on specific product features, such as missing tolerances, dimensions or strengths. Otto Ganter GmbH & Co. KG retains the right to the catalog and website. Content, including excerpts, may not be reprinted or copied.
Otto Ganter GmbH & Co. KG
Telefon (07723) 6507-0
Telefax (07723) 4659