Terms and Conditions (English) | LiFi Technology

1. If the customer is a business, we will initially remedy any defects in the goods at our discretion by either repairing them or providing a replacement.
2. If the customer is a consumer, they may initially choose whether the remedy should take the form of repair or replacement. However, we are entitled to refuse the chosen form of remedy if it would entail disproportionate costs and the other form of remedy would not result in any significant disadvantage to the consumer.
3. We are entitled to make the required remedy contingent upon the customer’s payment of the purchase price due. However, the customer is entitled to withhold a portion of the purchase price that is proportionate to the defect.
4. If the remedy fails, is unreasonable for the customer, is not provided within a reasonable time, or is definitively refused by aeroLiFi GmbH, the customer may generally choose to demand a reduction in the price (price reduction) or rescission of the contract (cancellation). However, in the case of only a minor breach of contract, particularly in the case of only minor defects, the customer is not entitled to a right of rescission.
5. Business customers must notify us in writing or in text form of any obvious defects within two weeks of receiving the goods, and of any defects not detectable upon inspection within the same period after their discovery; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The business owner bears the full burden of proof for all elements of the claim, in particular for the defect itself, the date on which the defect was discovered, and the timeliness of the notice of defect.
Consumers must notify us in writing or via text of any apparent defects within two months of the date on which the non-conformity of the goods was discovered. The deadline is deemed to have been met upon our receipt of the notification. If the consumer fails to provide this notification, the warranty rights expire two months after the consumer discovers the defect. This does not apply in cases of fraud on the part of aeroLiFi GmbH. The burden of proof regarding the date on which the defect was discovered rests with the consumer. If the consumer is induced to purchase the item by inaccurate statements made by the manufacturer, the burden of proof regarding the consumer’s decision to purchase rests with the consumer.
1. If the customer seeks to rescind the contract due to a legal defect or a material defect following a failed attempt at subsequent performance, the customer is not entitled to any additional claim for damages arising from the defect. If the customer opts for damages following a failed attempt at subsequent performance, the goods shall remain with the customer if this is reasonable. Compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we caused the breach of contract through fraud.
2. The warranty period is two years from the date of delivery of the goods. This does not apply if the customer has not notified us of the defect in a timely manner (Section III.6.5 of these Terms and Conditions). This section does not apply to items used in a building in accordance with their normal intended use and which cause the building to be defective.
3. If the customer is a business, the quality of the goods shall be deemed to have been agreed upon solely on the basis of the manufacturer’s product description. Public statements, promotional claims, or advertising by the manufacturer do not constitute a contractual specification of the goods’ quality.
4. If the customer receives defective installation instructions, we are obligated only to provide non-defective installation instructions, and only if the defect in the installation instructions prevents proper installation.
5. We do not provide the customer with any warranties in the legal sense. Manufacturer warranties remain unaffected by this provision. The customer’s claims for damages or reimbursement of futile expenses, even in the event of defects, are limited to the provisions of Section V and are otherwise excluded.

IV. Contract for Work and Materials

1. Prices, Fees

The compensation for the services owed under this contract is set forth in the proposal letter in conjunction with the order confirmation. The parties agree on a fixed price. Estimates of the number of hours likely to be required, as stated in the proposal, are non-binding. Any deviations from these estimates shall not result in an increase or decrease in the compensation owed.
Unless the parties have agreed on a fixed fee, aeroLiFi GmbH’s compensation shall be calculated on a time-and-materials basis. In this regard, the list prices and hourly and billing rates of aeroLiFi GmbH in effect at the time the order is placed shall apply; these may be viewed at the company’s headquarters during normal business hours. Cost estimates are non-binding and do not constitute a final statement regarding the amount of costs for labor and materials.
For services provided to consumers, sales tax is included in the price. For services provided to businesses as defined by the Sales Tax Act, prices do not include sales tax; in such cases, sales tax is added to determine the invoice amount and the payment amount, and is shown separately on the invoice.
aeroLiFi GmbH may make the commencement of work contingent upon receipt of the down payment, provided that a down payment has been agreed upon. Unless otherwise agreed in writing, the remaining remuneration due to aeroLiFi GmbH shall become immediately due and payable upon acceptance or deemed acceptance in accordance with Section V.3. A discount will be granted if agreed upon. aeroLiFi GmbH is entitled to invoice for self-contained partial services prior to acceptance of the entire service. If the services provided do not comply with the contract, the customer may withhold payment of a reasonable portion of the installment.
Payments may only be made by bank transfer to a bank account specified by us. Technical staff, drivers, and field service personnel are not authorized to collect payments.

2. Performance of the Contract; Acceptance

Our service dates and deadlines are provided for informational purposes only, unless they have been expressly agreed upon in writing by the customer and us as binding.
In the event of a contract being concluded with consumers either outside the business premises of aeroLiFi GmbH or through a distance contract, aeroLiFi GmbH generally has the right to refuse performance until the expiration of the statutory cancellation period (Section 355(1) and (2) of the German Civil Code (BGB)).
If circumstances beyond our control delay the fulfillment of orders we have accepted, we will inform the customer immediately and, at the same time, provide the new estimated delivery dates or deadlines. If the service is not available even within the new delivery period, we are entitled to withdraw from the contract in whole or in part; any payment already made by the customer will be refunded immediately.
The occurrence of our default is determined in accordance with the applicable legal provisions. In any case, however, the customer must first issue a formal notice of default.
The work will be performed on-site at the customer’s location or at the aeroLiFi GmbH workshop.
The customer is obligated to accept the services provided in accordance with the contract immediately upon notification of completion by aeroLiFi GmbH. To this end, aeroLiFi GmbH will request the customer, upon completion of the work, to inspect the service within two weeks and to declare acceptance. At the end of the two-week period, aeroLiFi GmbH will grant the customer an additional two-week period to submit an explicit statement; thereafter, the work shall be deemed accepted unless the customer has refused acceptance by specifying at least one defect. Along with the request for acceptance, the consumer must be specifically informed in writing of the significance of their response.
If the customer fails to formally accept the contractor’s work, which has been completed and is essentially free of defects, despite a request to do so, acceptance may also be implied by the customer’s use of the work in accordance with its intended purpose or by other conduct on the part of the customer from which it can be inferred that the work is essentially in compliance with the contract.

3. Packaging Order

Proper fulfillment of the packaging order requires that the goods to be packaged be provided in a condition suitable for the execution of the packaging order and in a timely manner. Unless otherwise agreed in writing, parts that are particularly susceptible to corrosion must be cleaned and treated with suitable contact corrosion inhibitors before being handed over. Furthermore, it is a prerequisite that the customer has accurately provided, in writing, the weight specifications and other specific characteristics of the goods. This includes, in particular, information regarding the center of gravity and, for crane operations, the designation of lifting points. Dangerous goods must be declared in writing, including all necessary details.
The customer must notify us in writing of any additional or special handling requirements for the goods to be packaged. For example, we must be informed of which goods require additional corrosion protection measures.
The client must notify us in writing of any special risks arising from regulatory requirements and the specific requirements of the respective mode of transport (e.g., bulk carriers), from excessive loading of containers and packaging, and—in the event that storage is planned—from general environmental factors.
The client is responsible for translating the list of items into foreign languages.
Unless otherwise agreed, packaging shall take place at our facility. The client is responsible for the timely delivery and removal of the goods. If a packaging order is to be carried out outside our facility, the client must provide, free of charge, sufficient space, power, and the necessary lifting equipment, including the required operating personnel, to ensure the prompt and proper execution of the packaging order.
The information required for labeling must be provided to us in writing or in electronic form in a timely manner prior to the execution of the packaging order.
The customer is responsible for ensuring that the goods to be packed or that have been packed are adequately insured (e.g., transportation, storage, and fire insurance). If we are to take out insurance on behalf of the customer, a separate written agreement must be entered into for this purpose. The associated costs are not included in our prices but must be borne separately by the customer.
If our packaging services include the application of adequate, state-of-the-art corrosion protection, the agreed preservation period, calculated from the date of packaging, must be observed as a condition of our service. This agreement does not constitute a guarantee of durability. We are not liable for any corrosion that occurs after the agreed preservation period has expired. If the client instructs us to package items that have already been packaged by the client or a third party, liability for corrosion damage is excluded, unless we have expressly agreed to apply corrosion protection. The same applies to the packaging of used packaging materials.
aeroLiFi GmbH engages carriers solely on behalf of and for the account of the customer; the risk passes to the customer upon handover of the packaged goods. In the event of any agreed delivery deadlines, aeroLiFi GmbH is only obligated to hand over the goods to the carrier in a timely manner.

4. Lien; Right of Retention; Set-Off

Any existing statutory right of lien or retention shall apply to all claims to which aeroLiFi GmbH is entitled at the time such right arises, arising from current and past orders for repair, inspection, or customer service, as well as all claims for other services related to the subject matter of the order.
The customer may set off a claim or exercise a right of retention based on such a claim only if the claim is undisputed or has been established by a final and binding judgment. Consumers’ rights to refuse performance remain unaffected. The same applies to consumers’ rights of retention based on the same contractual relationship. In the event of defects in performance, the customer’s counterclaims, in particular those under Section IV.5 of these Terms and Conditions, remain unaffected.

5. Claims for Defects

In the event of a material defect or a defect of title, aeroLiFi GmbH shall be entitled, at its discretion, to remedy the defect by either repairing it or manufacturing a new product. The customer has no right to demand a specific form of rectification. If the agreed payment has not yet been made in full or in part, aeroLiFi GmbH may make rectification contingent upon the customer paying a portion of the payment that is reasonable in light of the claimed defect.
The customer is entitled, at his or her discretion, to reduce the payment or withdraw from the contract and claim damages in lieu of performance in accordance with the provisions of Section V if aeroLiFi GmbH or if the method of subsequent performance chosen by aeroLiFi GmbH has failed or is unreasonable for the customer, or if the customer has unsuccessfully set a reasonable deadline for aeroLiFi GmbH to perform subsequent performance.
Claims for rescission of the contract and for damages in lieu of performance are excluded if and to the extent that the alleged defect relates to construction work or does not, or only insignificantly, impair the suitability of the service for the use specified in the contract or customary for services of the same kind, and aeroLiFi GmbH has not provided any warranty regarding the service to be performed.

V. Limitation of Liability

In the event of breaches of duty due to slight negligence, our liability is limited to the average direct damages that are foreseeable given the nature of the service and typical for this type of contract. This also applies to breaches of duty due to slight negligence on the part of our legal representatives or vicarious agents. We are not liable to business customers for breaches of minor contractual obligations due to slight negligence.
The foregoing limitations of liability do not apply to the customer’s claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of bodily injury, damage to health, or death of the customer clearly proven to be attributable to us.

VI. Final Provisions

The laws of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of performance for all claims arising from this contract shall be our registered office.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive venue for all disputes arising from this contract shall be our place of business. The same applies if the customer does not have a general venue in Germany or if their domicile or habitual residence is unknown at the time the action is filed.
Should any provision of the contract with the customer, 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. In such cases, the content of the contract shall be governed by the applicable statutory provisions. If no applicable statutory provision is available or if such a provision would lead to an unacceptable result, the invalid provision shall be replaced by a provision agreed upon by the parties in lieu of the invalid clause, which comes as close as possible to the economic purpose of the invalid provision.
This version of the General Terms and Conditions is a translation of the German version. Although best effort has been invested to provide a translation as exact as possible, we cannot guaranty that the wording represents exactly the intentions as expressed in the German version. If a conflict between the two languages arises, the German version shall prevail.

aeroLiFi GmbH and the contracting party agree that these General Terms and Conditions shall apply exclusively to all contracts, deliveries, and other services. Any deviating, conflicting, or supplementary agreements shall not become part of the contract unless their validity is expressly agreed to in writing. This requirement for consent shall also apply if we perform the services for the customer without reservation while being aware of the customer’s terms and conditions.
Our Terms and Conditions also apply to all future contracts with the customer. 3. For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. For the purposes of these Terms and Conditions, a “business operator” means a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activities. For the purposes of these Terms and Conditions, “customers” refers to both consumers and businesses.

II. Offer, Conclusion of Contract, and Scope of Services

Offers are always subject to change. All information included in the offer is subject to customary variations unless expressly designated as binding.
Orders placed become binding only upon written confirmation (order confirmation) by aeroLiFi GmbH.
The scope of services is determined by the written order confirmation from aeroLiFi GmbH. In particular, any side agreements or amendments must be confirmed in writing by aeroLiFi GmbH.
We reserve the right to make changes to the design and form of the delivered item, provided that the delivered item is not significantly altered and the changes are reasonable for the customer,
Dimensions, weights, illustrations, and drawings, as well as other documents included with the bids, are only approximate unless they are expressly designated as binding.
The conclusion of the contract is subject to the supplier’s correct and timely delivery to aeroLiFi GmbH. This applies only if aeroLiFi GmbH is not responsible for the non-delivery, in particular if a corresponding covering transaction has been concluded with the supplier. The customer will be notified immediately of the unavailability of the service. The payment will be refunded immediately.
We reserve all property rights and copyrights to illustrations, plans, drawings, calculations, work instructions, product descriptions, and other documents. Such documents are to be used exclusively for the performance of the contract. The documents must be kept confidential from third parties, even after the contract has ended. The confidentiality obligation shall only expire if and to the extent that the knowledge contained in the documents provided has become generally known.

III. Sales Contract

1. Retention of Title

For contracts with consumers, we retain title to the goods until the purchase price has been paid in full. For contracts with businesses, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.
The customer is obligated to handle the goods with care. If maintenance and inspection work is required, the customer must perform it regularly at their own expense.
The customer is obligated to notify us immediately of any third-party access to the goods—such as in the event of a seizure—as well as of any damage to or destruction of the goods. The customer must also notify us immediately of any change in ownership of the goods or a change in the customer’s place of residence.
If the customer acts in breach of the contract, in particular by defaulting on payment or by violating an obligation under paragraphs 2 and 3 of this provision, we are entitled to demand the return of the goods, provided that we have rescinded the contract.
The contractor is entitled to resell the goods in the ordinary course of business. The contractor hereby assigns to us all claims arising from such resale against a third party, in the amount of the invoice. We accept this assignment. Following the assignment, the contractor remains authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the contractor fails to properly meet his payment obligations and falls into default.
Any processing or treatment of the goods by the contractor shall always be carried out in our name and on our behalf. If the goods are processed together with items that do not belong to us, we shall acquire co-ownership of the new item in proportion to the value of the goods we supplied relative to the value of the other processed items. The same applies if the goods are mixed with other items that do not belong to us.

2. Prices, Fees

The purchase price quoted is binding until two weeks after the offer is submitted by aeroLiFi GmbH. For deliveries to consumers, sales tax is included in the final price. For deliveries to businesses as defined by the Value-Added Tax Act, prices do not include value-added tax; in such cases, value-added tax at the statutory rate on the date of invoicing is added to determine the invoice value and payment amount and is shown separately on the invoice. For mail-order purchases, the purchase price does not include delivery and shipping costs. These consist of postage and transportation costs, which are charged in accordance with the rates of the delivery companies contracted by aeroLiFi GmbH. The customer will not incur any additional costs when placing an order via means of distance communication.
Price changes are permitted if more than four months elapse between the conclusion of the contract and the agreed delivery or pickup date. If, thereafter and until completion of the delivery or order item, wages, material costs, or market-based purchase prices increase, aeroLiFi GmbH is entitled to increase the price appropriately in line with the cost increase. If the customer is a consumer, the price increase may not exceed 5%.
Unless otherwise agreed, the customer agrees to pay the purchase price within 30 days of the invoice date and receipt of the goods. A discount will be granted if agreed. Upon expiration of this period, the customer shall be in default of payment. During the period of default, the business shall pay interest on the outstanding amount at a rate of 9 percentage points above the base interest rate. We reserve the right to prove and claim higher damages for default against the business.
The customer may set off a claim or exercise a right of retention based on such a claim only if the claim is undisputed or has been established by a final and binding judgment. Consumers’ rights to refuse performance remain unaffected. The same applies to consumers’ rights of retention based on the same contractual relationship. In the event of defects in the delivery, the customer’s counterclaims, in particular those under Section III. 6. of these Terms and Conditions, remain unaffected.
Payments may only be made by bank transfer to a bank account specified by us. Technical staff, drivers, and field service personnel are not authorized to collect payments.

3. Delivery, Delivery Time

Our delivery dates or delivery periods are provided for informational purposes only, unless they have been expressly agreed upon in writing by the customer and us as binding.
If circumstances beyond our control delay the fulfillment of orders we have accepted, we will notify the buyer immediately and, at the same time, provide the expected new delivery dates. If the goods or services are not available even within the new delivery period, we are entitled to withdraw from the contract in whole or in part; any payment already made by the buyer will be refunded immediately.
The occurrence of a delay in delivery is determined in accordance with the applicable legal provisions. In any case, however, the buyer must first issue a formal notice of default.

4. Default of Acceptance

If, after the expiration of a reasonable grace period to be set in writing—with a warning that aeroLiFi GmbH will withdraw from the contract or claim damages in lieu of performance upon the fruitless expiration of the grace period—the customer remains silent or expressly refuses payment and/or acceptance without legal grounds, aeroLiFi GmbH’s claim for performance of the contract shall remain in force. Instead, aeroLiFi GmbH may withdraw from the contract and/or claim damages in lieu of performance in accordance with Section III.4.3.
If the customer’s delay lasts longer than one month, the customer must pay any storage costs incurred. aeroLiFi GmbH may also engage a freight forwarder for storage purposes.
In the event of a delay by the customer pursuant to Section III.4.1, aeroLiFi GmbH may claim 25% of the purchase price as liquidated damages in lieu of performance, unless the customer proves that no damage was incurred at all or that the amount of the damage was less than the lump-sum amount.
In the event of particularly high damages, such as those resulting from custom-made products, aeroLiFi GmbH reserves the right to claim proven damages in excess of the lump-sum compensation specified in paragraph 1.

5. Transfer of Risk

If the customer is a business entity, the risk of accidental loss or accidental deterioration of the goods passes to the buyer upon delivery; in the case of a sale by mail order, the risk passes upon handover of the goods to the shipping agent, carrier, or any other person or entity designated to carry out the shipment. At the business entity’s request, we will insure the goods against transport damage at the business entity’s expense.
If the customer is a consumer, the risk of accidental loss or accidental deterioration of the item sold—even in the case of a sale by mail order—does not pass to the customer until the item is handed over to them. The customer bears the cost of any shipping insurance taken out by aeroLiFi GmbH.
The delivery is deemed to have taken place if the customer is in default of acceptance.

6. Warranty

1. If the customer is a business, we will initially remedy any defects in the goods at our discretion by either repairing them or providing a replacement.
2. If the customer is a consumer, they may initially choose whether the remedy should take the form of repair or replacement. However, we are entitled to refuse the chosen form of remedy if it would entail disproportionate costs and the other form of remedy would not result in any significant disadvantage to the consumer.
3. We are entitled to make the required remedy contingent upon the customer’s payment of the purchase price due. However, the customer is entitled to withhold a portion of the purchase price that is proportionate to the defect.
4. If the remedy fails, is unreasonable for the customer, is not provided within a reasonable time, or is definitively refused by aeroLiFi GmbH, the customer may generally choose to demand a reduction in the price (price reduction) or rescission of the contract (cancellation). However, in the case of only a minor breach of contract, particularly in the case of only minor defects, the customer is not entitled to a right of rescission.
5. Business customers must notify us in writing or in text form of any obvious defects within two weeks of receiving the goods, and of any defects not detectable upon inspection within the same period after their discovery; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The business owner bears the full burden of proof for all elements of the claim, in particular for the defect itself, the date on which the defect was discovered, and the timeliness of the notice of defect.
Consumers must notify us in writing or via text of any apparent defects within two months of the date on which the non-conformity of the goods was discovered. The deadline is deemed to have been met upon our receipt of the notification. If the consumer fails to provide this notification, the warranty rights expire two months after the consumer discovers the defect. This does not apply in cases of fraud on the part of aeroLiFi GmbH. The burden of proof regarding the date on which the defect was discovered rests with the consumer. If the consumer is induced to purchase the item by inaccurate statements made by the manufacturer, the burden of proof regarding the consumer’s decision to purchase rests with the consumer.
1. If the customer seeks to rescind the contract due to a legal defect or a material defect following a failed attempt at subsequent performance, the customer is not entitled to any additional claim for damages arising from the defect. If the customer opts for damages following a failed attempt at subsequent performance, the goods shall remain with the customer if this is reasonable. Compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we caused the breach of contract through fraud.
2. The warranty period is two years from the date of delivery of the goods. This does not apply if the customer has not notified us of the defect in a timely manner (Section III.6.5 of these Terms and Conditions). This section does not apply to items used in a building in accordance with their normal intended use and which cause the building to be defective.
3. If the customer is a business, the quality of the goods shall be deemed to have been agreed upon solely on the basis of the manufacturer’s product description. Public statements, promotional claims, or advertising by the manufacturer do not constitute a contractual specification of the goods’ quality.
4. If the customer receives defective installation instructions, we are obligated only to provide non-defective installation instructions, and only if the defect in the installation instructions prevents proper installation.
5. We do not provide the customer with any warranties in the legal sense. Manufacturer warranties remain unaffected by this provision. The customer’s claims for damages or reimbursement of futile expenses, even in the event of defects, are limited to the provisions of Section V and are otherwise excluded.

IV. Contract for Work and Materials

1. Prices, Fees

The compensation for the services owed under this contract is set forth in the proposal letter in conjunction with the order confirmation. The parties agree on a fixed price. Estimates of the number of hours likely to be required, as stated in the proposal, are non-binding. Any deviations from these estimates shall not result in an increase or decrease in the compensation owed.
Unless the parties have agreed on a fixed fee, aeroLiFi GmbH’s compensation shall be calculated on a time-and-materials basis. In this regard, the list prices and hourly and billing rates of aeroLiFi GmbH in effect at the time the order is placed shall apply; these may be viewed at the company’s headquarters during normal business hours. Cost estimates are non-binding and do not constitute a final statement regarding the amount of costs for labor and materials.
For services provided to consumers, sales tax is included in the price. For services provided to businesses as defined by the Sales Tax Act, prices do not include sales tax; in such cases, sales tax is added to determine the invoice amount and the payment amount, and is shown separately on the invoice.
aeroLiFi GmbH may make the commencement of work contingent upon receipt of the down payment, provided that a down payment has been agreed upon. Unless otherwise agreed in writing, the remaining remuneration due to aeroLiFi GmbH shall become immediately due and payable upon acceptance or deemed acceptance in accordance with Section V.3. A discount will be granted if agreed upon. aeroLiFi GmbH is entitled to invoice for self-contained partial services prior to acceptance of the entire service. If the services provided do not comply with the contract, the customer may withhold payment of a reasonable portion of the installment.
Payments may only be made by bank transfer to a bank account specified by us. Technical staff, drivers, and field service personnel are not authorized to collect payments.

2. Performance of the Contract; Acceptance

Our service dates and deadlines are provided for informational purposes only, unless they have been expressly agreed upon in writing by the customer and us as binding.
In the event of a contract being concluded with consumers either outside the business premises of aeroLiFi GmbH or through a distance contract, aeroLiFi GmbH generally has the right to refuse performance until the expiration of the statutory cancellation period (Section 355(1) and (2) of the German Civil Code (BGB)).
If circumstances beyond our control delay the fulfillment of orders we have accepted, we will inform the customer immediately and, at the same time, provide the new estimated delivery dates or deadlines. If the service is not available even within the new delivery period, we are entitled to withdraw from the contract in whole or in part; any payment already made by the customer will be refunded immediately.
The occurrence of our default is determined in accordance with the applicable legal provisions. In any case, however, the customer must first issue a formal notice of default.
The work will be performed on-site at the customer’s location or at the aeroLiFi GmbH workshop.
The customer is obligated to accept the services provided in accordance with the contract immediately upon notification of completion by aeroLiFi GmbH. To this end, aeroLiFi GmbH will request the customer, upon completion of the work, to inspect the service within two weeks and to declare acceptance. At the end of the two-week period, aeroLiFi GmbH will grant the customer an additional two-week period to submit an explicit statement; thereafter, the work shall be deemed accepted unless the customer has refused acceptance by specifying at least one defect. Along with the request for acceptance, the consumer must be specifically informed in writing of the significance of their response.
If the customer fails to formally accept the contractor’s work, which has been completed and is essentially free of defects, despite a request to do so, acceptance may also be implied by the customer’s use of the work in accordance with its intended purpose or by other conduct on the part of the customer from which it can be inferred that the work is essentially in compliance with the contract.

3. Packaging Order

Proper fulfillment of the packaging order requires that the goods to be packaged be provided in a condition suitable for the execution of the packaging order and in a timely manner. Unless otherwise agreed in writing, parts that are particularly susceptible to corrosion must be cleaned and treated with suitable contact corrosion inhibitors before being handed over. Furthermore, it is a prerequisite that the customer has accurately provided, in writing, the weight specifications and other specific characteristics of the goods. This includes, in particular, information regarding the center of gravity and, for crane operations, the designation of lifting points. Dangerous goods must be declared in writing, including all necessary details.
The customer must notify us in writing of any additional or special handling requirements for the goods to be packaged. For example, we must be informed of which goods require additional corrosion protection measures.
The client must notify us in writing of any special risks arising from regulatory requirements and the specific requirements of the respective mode of transport (e.g., bulk carriers), from excessive loading of containers and packaging, and—in the event that storage is planned—from general environmental factors.
The client is responsible for translating the list of items into foreign languages.
Unless otherwise agreed, packaging shall take place at our facility. The client is responsible for the timely delivery and removal of the goods. If a packaging order is to be carried out outside our facility, the client must provide, free of charge, sufficient space, power, and the necessary lifting equipment, including the required operating personnel, to ensure the prompt and proper execution of the packaging order.
The information required for labeling must be provided to us in writing or in electronic form in a timely manner prior to the execution of the packaging order.
The customer is responsible for ensuring that the goods to be packed or that have been packed are adequately insured (e.g., transportation, storage, and fire insurance). If we are to take out insurance on behalf of the customer, a separate written agreement must be entered into for this purpose. The associated costs are not included in our prices but must be borne separately by the customer.
If our packaging services include the application of adequate, state-of-the-art corrosion protection, the agreed preservation period, calculated from the date of packaging, must be observed as a condition of our service. This agreement does not constitute a guarantee of durability. We are not liable for any corrosion that occurs after the agreed preservation period has expired. If the client instructs us to package items that have already been packaged by the client or a third party, liability for corrosion damage is excluded, unless we have expressly agreed to apply corrosion protection. The same applies to the packaging of used packaging materials.
aeroLiFi GmbH engages carriers solely on behalf of and for the account of the customer; the risk passes to the customer upon handover of the packaged goods. In the event of any agreed delivery deadlines, aeroLiFi GmbH is only obligated to hand over the goods to the carrier in a timely manner.

4. Lien; Right of Retention; Set-Off

Any existing statutory right of lien or retention shall apply to all claims to which aeroLiFi GmbH is entitled at the time such right arises, arising from current and past orders for repair, inspection, or customer service, as well as all claims for other services related to the subject matter of the order.
The customer may set off a claim or exercise a right of retention based on such a claim only if the claim is undisputed or has been established by a final and binding judgment. Consumers’ rights to refuse performance remain unaffected. The same applies to consumers’ rights of retention based on the same contractual relationship. In the event of defects in performance, the customer’s counterclaims, in particular those under Section IV.5 of these Terms and Conditions, remain unaffected.

5. Claims for Defects

In the event of a material defect or a defect of title, aeroLiFi GmbH shall be entitled, at its discretion, to remedy the defect by either repairing it or manufacturing a new product. The customer has no right to demand a specific form of rectification. If the agreed payment has not yet been made in full or in part, aeroLiFi GmbH may make rectification contingent upon the customer paying a portion of the payment that is reasonable in light of the claimed defect.
The customer is entitled, at his or her discretion, to reduce the payment or withdraw from the contract and claim damages in lieu of performance in accordance with the provisions of Section V if aeroLiFi GmbH or if the method of subsequent performance chosen by aeroLiFi GmbH has failed or is unreasonable for the customer, or if the customer has unsuccessfully set a reasonable deadline for aeroLiFi GmbH to perform subsequent performance.
Claims for rescission of the contract and for damages in lieu of performance are excluded if and to the extent that the alleged defect relates to construction work or does not, or only insignificantly, impair the suitability of the service for the use specified in the contract or customary for services of the same kind, and aeroLiFi GmbH has not provided any warranty regarding the service to be performed.

V. Limitation of Liability

In the event of breaches of duty due to slight negligence, our liability is limited to the average direct damages that are foreseeable given the nature of the service and typical for this type of contract. This also applies to breaches of duty due to slight negligence on the part of our legal representatives or vicarious agents. We are not liable to business customers for breaches of minor contractual obligations due to slight negligence.
The foregoing limitations of liability do not apply to the customer’s claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of bodily injury, damage to health, or death of the customer clearly proven to be attributable to us.

VI. Final Provisions

The laws of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of performance for all claims arising from this contract shall be our registered office.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive venue for all disputes arising from this contract shall be our place of business. The same applies if the customer does not have a general venue in Germany or if their domicile or habitual residence is unknown at the time the action is filed.
Should any provision of the contract with the customer, 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. In such cases, the content of the contract shall be governed by the applicable statutory provisions. If no applicable statutory provision is available or if such a provision would lead to an unacceptable result, the invalid provision shall be replaced by a provision agreed upon by the parties in lieu of the invalid clause, which comes as close as possible to the economic purpose of the invalid provision.
This version of the General Terms and Conditions is a translation of the German version. Although best effort has been invested to provide a translation as exact as possible, we cannot guaranty that the wording represents exactly the intentions as expressed in the German version. If a conflict between the two languages arises, the German version shall prevail.

Terms and Conditions of aeroLiFi GmbH

I. General

aeroLiFi GmbH and the contracting party agree that these General Terms and Conditions shall apply exclusively to all contracts, deliveries, and other services. Any deviating, conflicting, or supplementary agreements shall not become part of the contract unless their validity is expressly agreed to in writing. This requirement for consent shall also apply if we perform the services for the customer without reservation while being aware of the customer’s terms and conditions.
Our Terms and Conditions also apply to all future contracts with the customer. 3. For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. For the purposes of these Terms and Conditions, a “business operator” means a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activities. For the purposes of these Terms and Conditions, “customers” refers to both consumers and businesses.

II. Offer, Conclusion of Contract, and Scope of Services

Offers are always subject to change. All information included in the offer is subject to customary variations unless expressly designated as binding.
Orders placed become binding only upon written confirmation (order confirmation) by aeroLiFi GmbH.
The scope of services is determined by the written order confirmation from aeroLiFi GmbH. In particular, any side agreements or amendments must be confirmed in writing by aeroLiFi GmbH.
We reserve the right to make changes to the design and form of the delivered item, provided that the delivered item is not significantly altered and the changes are reasonable for the customer,
Dimensions, weights, illustrations, and drawings, as well as other documents included with the bids, are only approximate unless they are expressly designated as binding.
The conclusion of the contract is subject to the supplier’s correct and timely delivery to aeroLiFi GmbH. This applies only if aeroLiFi GmbH is not responsible for the non-delivery, in particular if a corresponding covering transaction has been concluded with the supplier. The customer will be notified immediately of the unavailability of the service. The payment will be refunded immediately.
We reserve all property rights and copyrights to illustrations, plans, drawings, calculations, work instructions, product descriptions, and other documents. Such documents are to be used exclusively for the performance of the contract. The documents must be kept confidential from third parties, even after the contract has ended. The confidentiality obligation shall only expire if and to the extent that the knowledge contained in the documents provided has become generally known.

III. Sales Contract

1. Retention of Title

For contracts with consumers, we retain title to the goods until the purchase price has been paid in full. For contracts with businesses, we retain title to the goods until all claims arising from an ongoing business relationship have been settled in full.
The customer is obligated to handle the goods with care. If maintenance and inspection work is required, the customer must perform it regularly at their own expense.
The customer is obligated to notify us immediately of any third-party access to the goods—such as in the event of a seizure—as well as of any damage to or destruction of the goods. The customer must also notify us immediately of any change in ownership of the goods or a change in the customer’s place of residence.
If the customer acts in breach of the contract, in particular by defaulting on payment or by violating an obligation under paragraphs 2 and 3 of this provision, we are entitled to demand the return of the goods, provided that we have rescinded the contract.
The contractor is entitled to resell the goods in the ordinary course of business. The contractor hereby assigns to us all claims arising from such resale against a third party, in the amount of the invoice. We accept this assignment. Following the assignment, the contractor remains authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the contractor fails to properly meet his payment obligations and falls into default.
Any processing or treatment of the goods by the contractor shall always be carried out in our name and on our behalf. If the goods are processed together with items that do not belong to us, we shall acquire co-ownership of the new item in proportion to the value of the goods we supplied relative to the value of the other processed items. The same applies if the goods are mixed with other items that do not belong to us.

2. Prices, Fees

The purchase price quoted is binding until two weeks after the offer is submitted by aeroLiFi GmbH. For deliveries to consumers, sales tax is included in the final price. For deliveries to businesses as defined by the Value-Added Tax Act, prices do not include value-added tax; in such cases, value-added tax at the statutory rate on the date of invoicing is added to determine the invoice value and payment amount and is shown separately on the invoice. For mail-order purchases, the purchase price does not include delivery and shipping costs. These consist of postage and transportation costs, which are charged in accordance with the rates of the delivery companies contracted by aeroLiFi GmbH. The customer will not incur any additional costs when placing an order via means of distance communication.
Price changes are permitted if more than four months elapse between the conclusion of the contract and the agreed delivery or pickup date. If, thereafter and until completion of the delivery or order item, wages, material costs, or market-based purchase prices increase, aeroLiFi GmbH is entitled to increase the price appropriately in line with the cost increase. If the customer is a consumer, the price increase may not exceed 5%.
Unless otherwise agreed, the customer agrees to pay the purchase price within 30 days of the invoice date and receipt of the goods. A discount will be granted if agreed. Upon expiration of this period, the customer shall be in default of payment. During the period of default, the business shall pay interest on the outstanding amount at a rate of 9 percentage points above the base interest rate. We reserve the right to prove and claim higher damages for default against the business.
The customer may set off a claim or exercise a right of retention based on such a claim only if the claim is undisputed or has been established by a final and binding judgment. Consumers’ rights to refuse performance remain unaffected. The same applies to consumers’ rights of retention based on the same contractual relationship. In the event of defects in the delivery, the customer’s counterclaims, in particular those under Section III. 6. of these Terms and Conditions, remain unaffected.
Payments may only be made by bank transfer to a bank account specified by us. Technical staff, drivers, and field service personnel are not authorized to collect payments.

3. Delivery, Delivery Time

Our delivery dates or delivery periods are provided for informational purposes only, unless they have been expressly agreed upon in writing by the customer and us as binding.
If circumstances beyond our control delay the fulfillment of orders we have accepted, we will notify the buyer immediately and, at the same time, provide the expected new delivery dates. If the goods or services are not available even within the new delivery period, we are entitled to withdraw from the contract in whole or in part; any payment already made by the buyer will be refunded immediately.
The occurrence of a delay in delivery is determined in accordance with the applicable legal provisions. In any case, however, the buyer must first issue a formal notice of default.

4. Default of Acceptance

If, after the expiration of a reasonable grace period to be set in writing—with a warning that aeroLiFi GmbH will withdraw from the contract or claim damages in lieu of performance upon the fruitless expiration of the grace period—the customer remains silent or expressly refuses payment and/or acceptance without legal grounds, aeroLiFi GmbH’s claim for performance of the contract shall remain in force. Instead, aeroLiFi GmbH may withdraw from the contract and/or claim damages in lieu of performance in accordance with Section III.4.3.
If the customer’s delay lasts longer than one month, the customer must pay any storage costs incurred. aeroLiFi GmbH may also engage a freight forwarder for storage purposes.
In the event of a delay by the customer pursuant to Section III.4.1, aeroLiFi GmbH may claim 25% of the purchase price as liquidated damages in lieu of performance, unless the customer proves that no damage was incurred at all or that the amount of the damage was less than the lump-sum amount.
In the event of particularly high damages, such as those resulting from custom-made products, aeroLiFi GmbH reserves the right to claim proven damages in excess of the lump-sum compensation specified in paragraph 1.

5. Transfer of Risk

If the customer is a business entity, the risk of accidental loss or accidental deterioration of the goods passes to the buyer upon delivery; in the case of a sale by mail order, the risk passes upon handover of the goods to the shipping agent, carrier, or any other person or entity designated to carry out the shipment. At the business entity’s request, we will insure the goods against transport damage at the business entity’s expense.
If the customer is a consumer, the risk of accidental loss or accidental deterioration of the item sold—even in the case of a sale by mail order—does not pass to the customer until the item is handed over to them. The customer bears the cost of any shipping insurance taken out by aeroLiFi GmbH.
The delivery is deemed to have taken place if the customer is in default of acceptance.

6. Warranty

1. If the customer is a business, we will initially remedy any defects in the goods at our discretion by either repairing them or providing a replacement.
2. If the customer is a consumer, they may initially choose whether the remedy should take the form of repair or replacement. However, we are entitled to refuse the chosen form of remedy if it would entail disproportionate costs and the other form of remedy would not result in any significant disadvantage to the consumer.
3. We are entitled to make the required remedy contingent upon the customer’s payment of the purchase price due. However, the customer is entitled to withhold a portion of the purchase price that is proportionate to the defect.
4. If the remedy fails, is unreasonable for the customer, is not provided within a reasonable time, or is definitively refused by aeroLiFi GmbH, the customer may generally choose to demand a reduction in the price (price reduction) or rescission of the contract (cancellation). However, in the case of only a minor breach of contract, particularly in the case of only minor defects, the customer is not entitled to a right of rescission.
5. Business customers must notify us in writing or in text form of any obvious defects within two weeks of receiving the goods, and of any defects not detectable upon inspection within the same period after their discovery; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The business owner bears the full burden of proof for all elements of the claim, in particular for the defect itself, the date on which the defect was discovered, and the timeliness of the notice of defect.
Consumers must notify us in writing or via text of any apparent defects within two months of the date on which the non-conformity of the goods was discovered. The deadline is deemed to have been met upon our receipt of the notification. If the consumer fails to provide this notification, the warranty rights expire two months after the consumer discovers the defect. This does not apply in cases of fraud on the part of aeroLiFi GmbH. The burden of proof regarding the date on which the defect was discovered rests with the consumer. If the consumer is induced to purchase the item by inaccurate statements made by the manufacturer, the burden of proof regarding the consumer’s decision to purchase rests with the consumer.
1. If the customer seeks to rescind the contract due to a legal defect or a material defect following a failed attempt at subsequent performance, the customer is not entitled to any additional claim for damages arising from the defect. If the customer opts for damages following a failed attempt at subsequent performance, the goods shall remain with the customer if this is reasonable. Compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we caused the breach of contract through fraud.
2. The warranty period is two years from the date of delivery of the goods. This does not apply if the customer has not notified us of the defect in a timely manner (Section III.6.5 of these Terms and Conditions). This section does not apply to items used in a building in accordance with their normal intended use and which cause the building to be defective.
3. If the customer is a business, the quality of the goods shall be deemed to have been agreed upon solely on the basis of the manufacturer’s product description. Public statements, promotional claims, or advertising by the manufacturer do not constitute a contractual specification of the goods’ quality.
4. If the customer receives defective installation instructions, we are obligated only to provide non-defective installation instructions, and only if the defect in the installation instructions prevents proper installation.
5. We do not provide the customer with any warranties in the legal sense. Manufacturer warranties remain unaffected by this provision. The customer’s claims for damages or reimbursement of futile expenses, even in the event of defects, are limited to the provisions of Section V and are otherwise excluded.

IV. Contract for Work and Materials

1. Prices, Fees

The compensation for the services owed under this contract is set forth in the proposal letter in conjunction with the order confirmation. The parties agree on a fixed price. Estimates of the number of hours likely to be required, as stated in the proposal, are non-binding. Any deviations from these estimates shall not result in an increase or decrease in the compensation owed.
Unless the parties have agreed on a fixed fee, aeroLiFi GmbH’s compensation shall be calculated on a time-and-materials basis. In this regard, the list prices and hourly and billing rates of aeroLiFi GmbH in effect at the time the order is placed shall apply; these may be viewed at the company’s headquarters during normal business hours. Cost estimates are non-binding and do not constitute a final statement regarding the amount of costs for labor and materials.
For services provided to consumers, sales tax is included in the price. For services provided to businesses as defined by the Sales Tax Act, prices do not include sales tax; in such cases, sales tax is added to determine the invoice amount and the payment amount, and is shown separately on the invoice.
aeroLiFi GmbH may make the commencement of work contingent upon receipt of the down payment, provided that a down payment has been agreed upon. Unless otherwise agreed in writing, the remaining remuneration due to aeroLiFi GmbH shall become immediately due and payable upon acceptance or deemed acceptance in accordance with Section V.3. A discount will be granted if agreed upon. aeroLiFi GmbH is entitled to invoice for self-contained partial services prior to acceptance of the entire service. If the services provided do not comply with the contract, the customer may withhold payment of a reasonable portion of the installment.
Payments may only be made by bank transfer to a bank account specified by us. Technical staff, drivers, and field service personnel are not authorized to collect payments.

2. Performance of the Contract; Acceptance

Our service dates and deadlines are provided for informational purposes only, unless they have been expressly agreed upon in writing by the customer and us as binding.
In the event of a contract being concluded with consumers either outside the business premises of aeroLiFi GmbH or through a distance contract, aeroLiFi GmbH generally has the right to refuse performance until the expiration of the statutory cancellation period (Section 355(1) and (2) of the German Civil Code (BGB)).
If circumstances beyond our control delay the fulfillment of orders we have accepted, we will inform the customer immediately and, at the same time, provide the new estimated delivery dates or deadlines. If the service is not available even within the new delivery period, we are entitled to withdraw from the contract in whole or in part; any payment already made by the customer will be refunded immediately.
The occurrence of our default is determined in accordance with the applicable legal provisions. In any case, however, the customer must first issue a formal notice of default.
The work will be performed on-site at the customer’s location or at the aeroLiFi GmbH workshop.
The customer is obligated to accept the services provided in accordance with the contract immediately upon notification of completion by aeroLiFi GmbH. To this end, aeroLiFi GmbH will request the customer, upon completion of the work, to inspect the service within two weeks and to declare acceptance. At the end of the two-week period, aeroLiFi GmbH will grant the customer an additional two-week period to submit an explicit statement; thereafter, the work shall be deemed accepted unless the customer has refused acceptance by specifying at least one defect. Along with the request for acceptance, the consumer must be specifically informed in writing of the significance of their response.
If the customer fails to formally accept the contractor’s work, which has been completed and is essentially free of defects, despite a request to do so, acceptance may also be implied by the customer’s use of the work in accordance with its intended purpose or by other conduct on the part of the customer from which it can be inferred that the work is essentially in compliance with the contract.

3. Packaging Order

Proper fulfillment of the packaging order requires that the goods to be packaged be provided in a condition suitable for the execution of the packaging order and in a timely manner. Unless otherwise agreed in writing, parts that are particularly susceptible to corrosion must be cleaned and treated with suitable contact corrosion inhibitors before being handed over. Furthermore, it is a prerequisite that the customer has accurately provided, in writing, the weight specifications and other specific characteristics of the goods. This includes, in particular, information regarding the center of gravity and, for crane operations, the designation of lifting points. Dangerous goods must be declared in writing, including all necessary details.
The customer must notify us in writing of any additional or special handling requirements for the goods to be packaged. For example, we must be informed of which goods require additional corrosion protection measures.
The client must notify us in writing of any special risks arising from regulatory requirements and the specific requirements of the respective mode of transport (e.g., bulk carriers), from excessive loading of containers and packaging, and—in the event that storage is planned—from general environmental factors.
The client is responsible for translating the list of items into foreign languages.
Unless otherwise agreed, packaging shall take place at our facility. The client is responsible for the timely delivery and removal of the goods. If a packaging order is to be carried out outside our facility, the client must provide, free of charge, sufficient space, power, and the necessary lifting equipment, including the required operating personnel, to ensure the prompt and proper execution of the packaging order.
The information required for labeling must be provided to us in writing or in electronic form in a timely manner prior to the execution of the packaging order.
The customer is responsible for ensuring that the goods to be packed or that have been packed are adequately insured (e.g., transportation, storage, and fire insurance). If we are to take out insurance on behalf of the customer, a separate written agreement must be entered into for this purpose. The associated costs are not included in our prices but must be borne separately by the customer.
If our packaging services include the application of adequate, state-of-the-art corrosion protection, the agreed preservation period, calculated from the date of packaging, must be observed as a condition of our service. This agreement does not constitute a guarantee of durability. We are not liable for any corrosion that occurs after the agreed preservation period has expired. If the client instructs us to package items that have already been packaged by the client or a third party, liability for corrosion damage is excluded, unless we have expressly agreed to apply corrosion protection. The same applies to the packaging of used packaging materials.
aeroLiFi GmbH engages carriers solely on behalf of and for the account of the customer; the risk passes to the customer upon handover of the packaged goods. In the event of any agreed delivery deadlines, aeroLiFi GmbH is only obligated to hand over the goods to the carrier in a timely manner.

4. Lien; Right of Retention; Set-Off

Any existing statutory right of lien or retention shall apply to all claims to which aeroLiFi GmbH is entitled at the time such right arises, arising from current and past orders for repair, inspection, or customer service, as well as all claims for other services related to the subject matter of the order.
The customer may set off a claim or exercise a right of retention based on such a claim only if the claim is undisputed or has been established by a final and binding judgment. Consumers’ rights to refuse performance remain unaffected. The same applies to consumers’ rights of retention based on the same contractual relationship. In the event of defects in performance, the customer’s counterclaims, in particular those under Section IV.5 of these Terms and Conditions, remain unaffected.

5. Claims for Defects

In the event of a material defect or a defect of title, aeroLiFi GmbH shall be entitled, at its discretion, to remedy the defect by either repairing it or manufacturing a new product. The customer has no right to demand a specific form of rectification. If the agreed payment has not yet been made in full or in part, aeroLiFi GmbH may make rectification contingent upon the customer paying a portion of the payment that is reasonable in light of the claimed defect.
The customer is entitled, at his or her discretion, to reduce the payment or withdraw from the contract and claim damages in lieu of performance in accordance with the provisions of Section V if aeroLiFi GmbH or if the method of subsequent performance chosen by aeroLiFi GmbH has failed or is unreasonable for the customer, or if the customer has unsuccessfully set a reasonable deadline for aeroLiFi GmbH to perform subsequent performance.
Claims for rescission of the contract and for damages in lieu of performance are excluded if and to the extent that the alleged defect relates to construction work or does not, or only insignificantly, impair the suitability of the service for the use specified in the contract or customary for services of the same kind, and aeroLiFi GmbH has not provided any warranty regarding the service to be performed.

V. Limitation of Liability

In the event of breaches of duty due to slight negligence, our liability is limited to the average direct damages that are foreseeable given the nature of the service and typical for this type of contract. This also applies to breaches of duty due to slight negligence on the part of our legal representatives or vicarious agents. We are not liable to business customers for breaches of minor contractual obligations due to slight negligence.
The foregoing limitations of liability do not apply to the customer’s claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of bodily injury, damage to health, or death of the customer clearly proven to be attributable to us.

VI. Final Provisions

The laws of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of performance for all claims arising from this contract shall be our registered office.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive venue for all disputes arising from this contract shall be our place of business. The same applies if the customer does not have a general venue in Germany or if their domicile or habitual residence is unknown at the time the action is filed.
Should any provision of the contract with the customer, 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. In such cases, the content of the contract shall be governed by the applicable statutory provisions. If no applicable statutory provision is available or if such a provision would lead to an unacceptable result, the invalid provision shall be replaced by a provision agreed upon by the parties in lieu of the invalid clause, which comes as close as possible to the economic purpose of the invalid provision.
This version of the General Terms and Conditions is a translation of the German version. Although best effort has been invested to provide a translation as exact as possible, we cannot guaranty that the wording represents exactly the intentions as expressed in the German version. If a conflict between the two languages arises, the German version shall prevail.