General Terms and Conditions (GTC) of EKASTU Safety GmbH, hereinafter referred to as EKASTU Safety GmbH, for the sale and delivery of products and services, excluding shop orders.

The following General Terms and Conditions apply to consumers, entrepreneurs, legal entities under public law, and special funds under public law and, unless otherwise agreed, apply to all future transactions.

The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.

§ 1 Validity of the General Terms and Conditions (GTC)

1. The deliveries, services, and offers of EKASTU Safety GmbH are made exclusively on the basis of these terms and conditions. Counter-confirmations by the buyer with reference to their terms and conditions of business or purchase are hereby expressly rejected.
2. Deviations from these General Terms and Conditions are only effective if EKASTU Safety GmbH confirms them in writing.

§ 2 Offer and conclusion of contract

1. Offers are subject to change and non-binding. Declarations of acceptance and orders require written or telex confirmation from EKASTU Safety GmbH to be legally valid. The same applies to additions, amendments, or subsidiary agreements.
2. Drawings, illustrations, dimensions, and weights are only binding if this has been expressly agreed in writing.

§ 3 Prices and terms of payment

1. Prices are subject to change and, unless otherwise agreed, are valid up to a net goods value of EUR 600.00 ex works, excluding ancillary costs such as packaging, insurance, postage, etc. Packaging shall be carried out at the discretion of EKASTU Safety GmbH and charged at the lowest possible rate. Prices are subject to the VAT rate applicable on the day of delivery.
2. Prices quoted in special offers are subject to the condition that the specified types and quantities are ordered and accepted in full. Purchases at special prices are always excluded from additional volume discounts and rebates.
3. Unless otherwise agreed, invoices are payable immediately upon receipt without deduction. The costs of payment shall be borne by the buyer. Default shall occur after a reminder from EKASTU Safety GmbH, which shall be issued after receipt of the invoice, at the latest 30 days after receipt of the invoice. If the date of receipt of the invoice is uncertain, default shall occur at the latest 30 days after the due date and receipt of the consideration for a buyer who is not a consumer. In the event of default, EKASTU Safety GmbH is entitled, subject to the assertion of further damages caused by default, to charge interest at a rate of 9 percentage points above the applicable base rate of the ECB, provided that the buyer is not a consumer. If the buyer is a consumer, this interest rate shall be 5 percentage points above the applicable base rate of the ECB.
4. If prices are generally reduced or increased in the period between conclusion of the contract and delivery, the price valid on the day of dispatch shall be charged. If the price increases, the buyer is entitled to withdraw from the contract within 14 days of notification of the price change.
5. EKASTU Safety GmbH reserves the right to use payments to settle older invoice items plus any accrued default interest and costs in the following order: costs, interest, principal claim.
6. Offsetting against counterclaims other than those that are undisputed or legally established, as well as exercising rights to refuse performance and rights of retention against purchase price claims, require consent.
7. If there are doubts about the buyer’s solvency, in particular in the event of payment arrears, EKASTU Safety GmbH is entitled, subject to further claims, to demand advance payments and securities for further deliveries.
8. Invoices for repairs, tools, development costs, and other individual measures carried out at the buyer’s request are payable immediately and strictly net.

§ 4 Deliveries and services

1. Delivery times are non-binding unless otherwise agreed in writing. Partial deliveries are permissible provided this is reasonable for the buyer. If a fixed delivery date has been agreed, the buyer must set EKASTU Safety GmbH a reasonable grace period of at least 4 weeks in the event of a delay. This provision does not apply to fixed-date transactions. If delivery is not made by the end of the grace period, the buyer has the right to withdraw from the contract.
2. The delivery and service period begins on the day the order confirmation is sent and is deemed to have been met if, by the end of the period, the goods have left the factory or warehouse or, if shipment is possible, readiness for shipment has been notified.
3. Delays in delivery and performance due to force majeure, official measures not caused by EKASTU Safety GmbH, or other comparable and foreseeable circumstances—this also includes subsequent material procurement difficulties for which EKASTU Safety GmbH is not responsible, operational disruptions, including those due to cyber damage, strikes, or lockouts, staff shortages or transport deficiencies, all relating to third-party companies – for which EKASTU Safety GmbH is not responsible in the case of bindingly agreed deadlines. They entitle EKASTU Safety GmbH to postpone the delivery or service for the duration of the delay plus a reasonable start-up period, or to withdraw from the contract in whole or in part due to the unfulfilled part. Claims for damages by the buyer are excluded.
4. If the buyer does not accept the products or services, EKASTU Safety GmbH is entitled to withdraw from the contract after setting a grace period of 10 days or to claim damages. In the latter case, EKASTU Safety GmbH is entitled to claim 30% of the purchase price or compensation for the actual damage incurred without providing proof of damage. The lump-sum compensation of 30% cannot be claimed if the buyer proves that the damage incurred was lower.
5. Shipment is made ex works or warehouse and at the expense and risk of the buyer. In the event of delays in shipment for which the buyer is responsible, the risk shall pass to the buyer upon notification that the goods are ready for shipment. EKASTU Safety GmbH shall not be liable for damage or loss during transport. In the event of transport damage, compensation claims must be secured by calling in representatives of the transport company in good time to assess the damage.
   Externally visible damage or loss must be certified by a corresponding note on the consignment note before acceptance of the goods. In the case of rail transport, a report must also be requested from the railway company. In the case of parcel shipments, the damage must be certified in writing by the transport company before acceptance of damaged parcels. In the case of damage that is not immediately apparent and is discovered during unpacking, the carrier must be notified immediately in writing. Packaging materials and damaged products must be left in their original condition until the report has been drawn up. EKASTU Safety GmbH does not assume any insurance obligation.

6. Deliveries and services that are carried out directly to third parties at the buyer’s request are subject to a flat fee of EUR 30.00 for delivery, taking into account § 3, clause 1.
7. Orders with a net value of less than EUR 100.00 are subject to a flat fee of EUR 30.00.

§ 5 Returns

1. Delivered products and packaging may only be returned with express written consent and carriage paid. If a credit note is issued for the return of products delivered in perfect condition, EUR 15.00 plus at least 10% of the value of these goods will be charged as a lump sum for costs and lost profits.
2. Respiratory filters, custom-made products, special offers, or products specially procured at the buyer’s request cannot be returned.

§ 6 Notice of defects and warranty

1. If the delivery item is defective or lacks warranted characteristics, or if it becomes defective within the warranty period, EKASTU Safety GmbH shall, at its discretion, deliver a replacement or repair the item, excluding any further warranty claims by the buyer. Such defects must be reported in writing without delay – in the case of recognizable defects, however, no later than 7 days after receipt, and in the case of non-recognizable defects, immediately after they become apparent.
2. In order to remedy the defect, the buyer must make the rejected item or sample available to EKASTU Safety GmbH, otherwise the warranty shall lapse.
3. If operating or maintenance instructions are not followed, changes are made to the products, parts are replaced, or consumables are used that do not correspond to the original specifications, any warranty shall lapse.
4. If the replacement delivery or repair has been unsuccessful after two attempts, the buyer may, at their discretion, withdraw from the contract or reduce the price. These rights expire one year after receipt of the products or services.

§ 7 Retention of title

1. EKASTU Safety GmbH retains ownership of the delivered products until all claims have been paid in full.
2. The buyer is entitled to sell the goods subject to retention of title in the ordinary course of business as long as they are not in default. Pledging or transfer by way of security is not permitted. The buyer hereby assigns all claims arising from the resale or any other legal reason relating to the goods subject to retention of title in full as security. The buyer irrevocably authorizes EKASTU Safety GmbH to collect the assigned claims on its own behalf for its account. At the request of EKASTU Safety GmbH, the buyer shall disclose the assignment and provide the necessary information and documents.
3. In the event of access by third parties to the goods subject to retention of title, the buyer shall indicate the ownership of EKASTU Safety GmbH and notify the latter immediately. Costs and damages shall be borne by the buyer.
4. If the buyer acts in breach of contract, EKASTU Safety GmbH shall be entitled to take back the goods subject to retention of title at the buyer’s expense or, if necessary, to demand assignment of the buyer’s claims for surrender against third parties. In this case, EKASTU Safety GmbH shall also be exclusively entitled to notify the buyer’s customers of the assignment of the buyer’s claim to EKASTU Safety GmbH and to collect the claim. The repossession or seizure of the goods subject to retention of title by EKASTU Safety GmbH does not constitute a withdrawal from the contract.

§ 8 Copyright

EKASTU Safety GmbH reserves unrestricted ownership and copyright exploitation rights to drawings, technical documents, and other know-how information; they may not be made accessible to third parties.

§ 9 Limitation of Liability

Contractual or non-contractual claims for damages are excluded, unless EKASTU Safety GmbH, its legal representative, or vicarious agent has acted with intent or gross negligence. These claims expire one year after receipt of the products and services by the buyer. Under the same conditions, liability for indirect damages of any kind, in particular property damage and operational disruptions as well as so-called consequential damages, is excluded. This limitation of liability does not apply in the event of injury to life, limb, or health of persons, nor in the event of product liability.

§ 10 Communication

The buyer agrees to electronic and digital communication. The buyer is aware of the associated risks (“cyber risks”). The above provisions also apply to liability in this context.

§ 11 Performance, Court, Data Use, and Additional Information

1. The place of performance for the buyer’s services is Waiblingen. If the buyer is a merchant or a legal entity under public law, the place of jurisdiction is Waiblingen or, at the discretion of EKASTU Safety GmbH, the buyer’s general place of jurisdiction. German law applies exclusively.
2. EKASTU Safety GmbH is entitled to process the data received about the buyer in connection with the business relationship, regardless of whether this data originates from the buyer itself or from third parties, in accordance with the Federal Data Protection Act. This is pointed out in accordance with § 28 of the Federal Data Protection Act.
3. The buyer agrees to electronic and digital communication and is aware of the associated risks (“cyber risks”).
4. The German version of these General Terms and Conditions is binding and is the authoritative version, taking precedence over any other language versions that may exist.

EN 01-11.25