GENERAL TERMS OF BUSINESS
Sales tax is not displayed as
a separate item on the invoice with reference to the small size company
regulation in Article 19 UStG (German Sales Tax Law). Please retain the invoice
for the term specified in Article 14b sub-section 1 sentence 5 UstG
1. All supplies are made and
services provided by ClassiKnau, hereinafter referred to as CK, exclusively on
the basis of the following terms and to the exclusion of any contrary terms of
2. All correspondence should
be in German language.
Article 2 Offers, scope of
supplies and services
1. CK stopwatch sets and shop
articles can be obtained by placing an order (inquiry form) followed by our
order confirmation. Orders of stopwatch sets and shop articles should specify
the exact model data (special requests, if any) as well as the customer’s name
and the full address and, where relevant, the telephone number.
2. The scope of the supplies
or services contracted with a customer is defined exclusively in the order
confirmation by CK. All offers by CK are without engagement.
3. Changes of the design, the
choice of materials, the specification and the construction type are reserved
by CK, including after the order confirmation provided the changes are not in
contradiction with the order confirmation or the customer’s specification. The
customer agrees to any additional changes by CK if customer can be expected to
tolerate the changes.
4. All documents such as
illustrations, lists of dimensions and weights, on which an offer is based, are
normally only approximate unless expressly agreed as being binding.
Article 3 Prices, terms of
payment and delay of payment
1. All prices,
at the statutory rate, are ex-works prices and are specified in Euro currency.
2. Payment exclusively before
delivery by transfer or Paypal.
Article 4 Acceptance and delay
of acceptance of special designs
1. If the customer fails to
accept a product made to his specifications, CK can grant a reasonable
additional period at the end of which CK can dispose of the product in its
discretion. The rights of CK to withdraw from the contract or claim damage for
non-performance after granting an additional period of time and refusal
(section 326 BGB – German Civil Code) are not affected. CK can claim damage in
an amount equal to 50% of the agreed price, excluding value-added-tax, without
being required to submit proof of loss suffered unless it can be demonstrated
that the damage has actually been lower. The claim to higher damage is
reserved. The car makes logos are applied by ClassiKnau on the watch, the rights of the trademarks used are only lies with their owners.
Article 5 Offset and retention
1. Offset or retention for
undisputed counterclaims of the customer, including claims recognized by
declaratory judgement is excluded.
Article 6 Delivery
1. The time of delivery is at
our best discretion but without obligation if the customer delays or fails to
provide agreed cooperation.
2. Generally, delivery is made
after agreement on the quantity to be delivered is reached. If a deviation
occurs, the expected time of delivery will be communicated in writing.
3. Force majeure, strike,
lock-out or delivery in supplies from contractors relieve CK from any
liability, including from the liability of meeting an agreed delivery date.
4. All goods received shall be
inspected for damage to the packaging and the condition of the package
immediately upon arrival and in the presence of the forwarder. Any damage to
the packaging and / or loss of content shall be documented in details and signed
by the customer and the forwarder.
Article 7 Retention of title
1. CK retains title to the
delivered goods until full payment is received. The retention of title is also
valid until all payments relating to the business between the customer and CK
have been received, including future and conditional claims.
2. The customer is not
permitted to pledge or assign the goods as security; the customer can sell the
goods subject to reservation in the ordinary course of business. All claims
thereby created on the customer’s business partners are hereby irrevocably
assigned to CK. If goods are processed or changed by the customer, the
retention of tile also extends to the new thing as a whole. The customer
acquires co-ownership in the proportion of the value of his goods to the goods
delivered by CK.
Article 8 Warranty and
1. The warranty period for new
CK articles is 24 months from the end of the month in which the article is
bought; no warranty is granted for second-hand articles, for example, second-hand
clocks or watches; these goods are purchased ‘as seen’. No warranty or return
according to European law can be granted and is expressly excluded hereby.
2. The customer shall inspect
the goods immediately upon receipt and inform CK without delay of any defect
found. If the customer fails to inform CK as above, the goods are deemed to be
free of defect or fault unless the defect / fault is such that it could not
have been detected during inspection.
3. Warranty claims are
limited, in the discretion of CK, to repair of the defective parts or
4. No warranty claim is
accepted if the customer or a third party makes unauthorized changes to the
5. Also excluded are any
further claims by the customer, including claims for consequential damage unless
they are the result of the lack of an assured property. Further excluded are
all other claims by the customer, including claims for consequential damage and
damage in connection with the execution of repairs or replacement unless gross
negligence or intent are involved.
Article 9 Concluding
1. The application and
interpretation of these General terms of Business and
2. The legal venue for all
claims, present and future, from the business relations under fully qualified
merchants, including claims based on a bill of exchange or claims based on
3. The place of performance of
all obligations resulting directly or indirectly from the contractual relation,
including the payment obligations, is