1. General

1.1.

Our quotations and services are carried out basing on these conditions only. Different conditions or agreements deserve our written approval. At the latest with acceptance of our goods or services the buyer acknowledges these conditions of delivery.

1.2.

Our quotations are subject to change. We commit ourselves to purchaser orders only subject to written confirmation. For contents and scope of contract our written confirmation of order is decisive. The illustrations and details, technical data and standards being included in our price lists, prospectus, costs estimates and quotations designate only the object of agreement and do not constitute any characteristic assurance.

2. Delivery Time and Partial Delivery 

2.1.

Without specific letter of acceptance our terms of delivery and dates of delivery are understood to be an estimated delivery time. It´s adherence presumes in either case the mandatory clarification of all orders scope details.

2.2.

Agreed delivery times are considered as adhered if the delivery item is dispatched within the agreed time or if the readiness for dispatch was conveyed. We are entitled to carry out partial deliveries.

2.3.

The delivery time prolongates adequately if we were detained to render our deliveries and services for circumstances beyond our control (interruption of operations, strikes, lockouts or other unpredictable hindrance). This applies also for delays occurring with our subsuppliers. If this produces an unacceptable delay, the buyer is entitled to the rescission of contract under exemption of any further claims.

2.4.

Are we in default, the buyer is entitled to the rescission of contract after granting of an adequate period of grace with the expressive declaration to refuse the acceptance of performance after the expiring date, if we did not comply with the respite.

3. Prices

3.1.

Prices are subject to change. We charge for our deliveries at prices as valid on the day of delivery. As a basis we charge in all cases a minimum order value of €uro 20.

3.2.

Installations and repairs are charged to the customer as per actual costs. The charge of working times, travelling costs and travelling times comply with the respective valid rates.

3.3.

A consumption tax will be charged separately at respective valid rate or directly paid from the customer in case of importation.

4. Dispatch

4.1.

The dispatch of Embroidery-, Laminating-, Sewing-, Ultrasonic Welding Machines, Spare parts, Aggregates and Special Machinery of all kinds take place ex works. The consignment occurs in all cases at the buyers risk, even if the dispatch is executed with our own means of transport. The costs for installation and commissioning will be charged extra. Buyers delivery directives  are only mandatory if agreed in written.

4.2.

Container and pallets do not change into the buyers property. They must be resent free of costs to the owner. Wooden cases, cardboard boxes and non-returnable packages are charged with manufacturing  costs and are not taken back.

4.3.

If the dispatch is deferred for reasons laying with the buyer, he is bearing the risk with occurrence of the dispatch readiness. Costs resulting from the storage in our plant will be charged. After having set a deadline and if period has lapsed without success, we are entitled to utilize the delivery item  otherwise and to supply to the buyer out of new production.

5. Payments

5.1.

Our receivable accounts are due for payment, net, without any deduction, at 10 days after date of invoice. Repairs, spare parts, maintenances and installations are to be paid immediately without any discount deduction. To buyers without permanent business connection we supply only on base of Collect On Delivery / cash payment.

5.2.

If the purchaser is in default of payment to us or if we are aware that the purchasers  financial position or the financial status has degraded, we are entitled to make all outstanding debits becoming immediately due, even if they were deferred. In such cases bills of exchange are immediately due and are to be paid immediately against return.

5.3.

For default of payment we charge at minimum a rate of interests amounting  to 5 % above the relative discount rate of the German Federal Bank.

5.4.

Bills of exchange are received only subject to special agreement. Bills of exchange and cheques are received only on account of performance.

6. Security Deposit

6.1.

If there are doubts in the solvency of the purchaser after conclusion of contract, we are entitled to make our supply getting dependent on prepayments or on provision of securities or to withdraw from the contract, if no securities are provided.

7. Reservation of property right 

7.1.

We reserve the right of property on the delivered goods up to the settlements of all debt claims, irrespective of legal basis, including eventually outstanding claims resulting from bills of exchange  or claims acquired by third parties.

7.2.

Until revocation the purchaser is authorized for resale within a decent course of business by assignment of all his here of resulting outstanding debits against the acquirer. As long as the purchaser performs his payment obligations he is legitimated for collection. The right for resale and for debts collection expires in case of payment suspension. In that case the purchaser must provide to us all for collection needed information and to hand over all here to necessary documents, and to reveal to the debtors the assignment of claim.

7.3.

Upon our demand the purchaser is obligated to release the goods being under reserve of property, if getting into default of payment, or an uncertainty of his financial status or a degrade of his financial situation occur. The redemption or seizure of goods by us does not count as withdrawal of contract, if we do not expressively declare the withdrawal. If our rights of reservation of property jeopardize by third parties, the purchaser is obliged to inform us immediately.

7.4.

If the value of the conceded securities due to the reservation of property the amount of secured debt claims is exceeding by more than 20%, we are bound to release the securities proportionally. 

8. Warranty and other Liability

8.1.

Our warranty obligations and other liabilities due to deficiencies or performances (including wrong delivery) comply with these conditions. This also counts for installations, independent repair orders or other work contractual services. For second hand products any warranty is excluded, unless we agreed something else in written form, or in written assured characteristics are missing.

8.2.

Is the purchase for both parties a commerce transaction, the purchaser must check the goods immediately after receipt, so far this by correct course of business is doable, and if a deficiency appears, the seller has to be notified immediately. If the buyer fails this notification, the goods are regarded as approved, unless it is a deficiency, which was not noticeable whilst the examination. By the way the paragraphs §§ 377 HGB ff. following, as per the German Commercial Code, apply.

8.3.

We assume no warranty for damages resulting from improper or inappropriate utilization, incorrect installation which was not carried out by us, commissioning, modification or repair, faulty or careless handling and natural wear and tear. Same applies for parts which were provided by the buyer.

8.4.

We warrant in this form that our supplies or performances are either corrected, or

faulty products, or parts are replaced. The buyer is obliged to allow us sufficient opportunity for execution of rectification works. Our warranty and other liability expire in case of improper repair attempts or unauthorized modifications as well as with noncompliance of maintenance respect. installation instructions.

8.5.

Service features do not imply any success guarantee and rendered hours are charged.  Time statements given by our collaborators for repairs are estimations and in no case to be considered as binding. Declarations given by our collaborators with regard to product characteristics are not binding, always the data and declarations of the producer apply. Product characteristics as obligation criterion must be assured in written. 

8.6

All warranty claims fall under the statute of limitations at 1 year after passing of risk.

9. Law, place of jurisdiction

9.1.

Comprehension and interpretation of these conditions rule as well as the conclusion and interpretation of legal transactions with the buyer in person exclusively according to the legislation of the Federal Republic of Germany. The application of the consistent law for the conclusion of International Purchase Contracts of moveable objects, the consistent law re the International Purchase of moveable goods as per the UN buying law are excluded.

9.2.

Exclusively place of jurisdiction is the for the sellers head office competent place of trial Konken, as far as the buyer is a registered merchant.

9.3.

So far the order does not produce something different, the place of fulfillment is the suppliers domicile.

10. Passing of the risk

10.1.

The risk is transferred to the buyer as soon as the seller has placed the goods at buyers disposal with report to the buyer.

11. Other Claims of replacement

11.1.

Beyond the admitted rights as per figure 8 all further claims in particular claims for indemnity because of default, inability, impossibleness due to positive fault in performance of contract or violation of contractual additional responsibility or not authorized handling, as well as all claims for compensation, which did not originate on the product itself,  are excluded, unless they base on intention and gross negligence on the part of our executive board or our executive employees.

12. Partial invalidity, Summary Provision

12.1.

Should any individual provision of these terms be or become void, the validity of the remaining provisions hereof shall in no way be affected. In such a case the void provision shall be replaced by a relative provision coming as close as possible to the commercial purpose of the void provision.

Data Protection Policy

1. Introduction

This Data Protection Policy is intended to provide information on the processing of personal related data in our company. We herewith comply our legal obligation, particularily out of the EU General Data Protection Regulation (EU GDPR, EU 2016/679), the German Federal Data Protection Act (BDSG) as well as the Tele Media Act (TMG).

Please study this Data Protection Policy carefully and make sure yourself that it was understood. If you have further questions or if something was not understood, please contact us:

KSM UG (haftungsbeschränkt)

Erlenhoehe 21

66871 Konken

Germany

Phone:    +49 6384/9939-10

Fax:        +49 6384/9939-12

E-Mail:    j.hemmer[at]gtt-ltd.de

For us the protection of your privacy has a top priority. For this reason our website is also using for the transfer of data the Hypertext Transfer Protocol Secure (in short https). Furthermore the server location of our website is located in Germany with the following corporation:

1 & 1 Internet SE

Eigendorfer Strasse 57

56410 Montabaur

Germany

With this corporation we concluded a contract for order processing as per article 28 EU GDPR, whereby we can assure you legally the safety of data on the servers of this corporation. Upon request this contract willingly can be sent to you by e-mail. The technical and organisational measures of this corporation as per article 32 EU GDPR can be sent by e-mail too.

This Data Protection Policy describes how we handle so called personal related data. The term personal related data describes informations, which refer directly or indirectly to a specific or identifiable natural, living person.

2. Information when you visit our website

When you visit our website, we may process information on the region you are visiting us from, information on your device, its operating system and browser, your user behavior on our site during the current session, and whether you have visited us before. For this, we use cookies (Cookies are small text files that are stored on your computer or in your browser).

3. Service inquiries

When you get in contact with us, for example for  a spare parts or trouble shooting request, we will store your data in connection with this particular inquiry, such as contact details (company, name, email address, etc.). This consent is the only way that we are able to offer you fast and effectiv support. If you have given us your consent to process certain data, you have the right to revoke this consent – also in part – at any time. Just contact us by email. Withou your approval your data will not be passed to third parties. If generally you do not want to convey data respectively if you are a minor, please do not make use of our service offer.

4. Contract initiation and fulfillment

Basically we only store personal related data, which we are needed to fulfill our contractual obligations to you according to Article 6, I, b) EU GDPR. Here only those divisions within our company have access to your data, which they need to fulfill our contractual obligations. We principally do not use fully automated decision making as per article 22 EU GDPR for justification and execution of the business connection.

5. Storage and erasure periods

We store personal data only to the extent required to fulfill the purpose. The storage period depends on legal requirements and the duration of the contractual relationship. Should the data no longer be used, it will be anonymized and/or deleted in accordance with legal regulations. Should you wish to have your data deleted, please note that we are able to block your data immediately but for legal reasons or due to technical restrictions it may take up to 180 days to permanently delete your data. Furthermore please note that after the confirmation of your deletion request it is not possible to restore your data.

We exemplarily draw your attention to the following exceptions, where a temporary processing of your data is required.

a) Fulfillment in terms of commercial- and tax law preservation duties:

For example as per the German code of commerce (HGB), the German general tax code (AO). The therein specified periods for preservation respect. documentation account for up to ten years.

b) Preservation of documentary evidence in the context of legal statutes of limitations:

As per the §§ 195 following of the German civil law code (BGB), these statutes of limitations can account up to 30 years, where upon the regular period of prescription accounts to 3 years.

6. Users rights

As user you have the right, to receive upon claim a free-of-charge information, which personal related data of you have been stored (articel 15 EU GDPR). Besides this you have the right for correction or erasure of false data (article 15 and 16 EU GDPR) and the right to restriction of processing (article 18 EU GDPR). Furthermore you have the right to erasure ("right to be forgotten", article 17 EU GDPR) and the right of data portability (article 20 EU GDPR). If you wish a correction, blocking, erasure or information re the about your person stored personal related data or if you have questions re the ascertainment, processing or application of your personal related data, or if you want to revoke authorizations, please refer to the following e-mail-address:

j.hemmer[at]gtt-ltd.de

This also applies to the revocation of compliances declarations, which were accorded to us before the validity of the data protection ordinance, thus before May 25th, 2018. Please note that the revocation is effective for the future only. Processings which were carried out before the revocation, are not concerned thereof.

If you suppose that your data were processed illegally, you can file a complaint with the competent supervisory authority (article 77 EU GDPR in conncetion with § 19 BDSG).

commissioner for the protection of data and freedom of information for the German state of Rhineland-Palatinate

post office box 3040

55020 Mainz

Germany

Phone:    +49 6131/208-2449

Fax:        +49 6131/208-2497

E-mail:    poststelle[at]datenschutz.rlp.de

7. Final provisions

This Data Protection Policy is revised on an ad-hoc basis to adapt it to current developments in relation to our company, legal requirements, and social developments.(Effective: January 21^st 2019)