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Terms and Conditions
- Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the sale of products by Sascotec GmbH (hereinafter referred to as “Sascotec”) to consumers and businesses (hereinafter collectively referred to as “Customers”).
1.2 For the purposes of these General Terms and Conditions, a “consumer” is, pursuant to Section 13 of the German Civil Code (BGB), any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their self-employed professional activities.
1.3 A “business operator” as defined in § 14 of the German Civil Code (BGB) is any natural person, legal entity, or partnership with legal capacity that, at the time of entering into a legal transaction, is acting in the course of its commercial or self-employed professional activities.
1.4 In the case of legal transactions with business entities, these General Terms and Conditions also apply to all future legal transactions, even if they have not been expressly agreed upon again.
1.5 Any conflicting or differing terms and conditions of the customer shall not apply unless we have expressly agreed to them in writing.
1.6 Our Terms and Conditions shall apply even if we fulfill the concluded contract without reservation while being aware of the customer’s terms and conditions that conflict with or deviate from ours.
1.7 The contracting party for all legal transactions within the scope of these General Terms and Conditions is Sascotec GmbH,
Gewerbestr. 10, 49777 Klein Berßen (Registration No. HRB 211025, Osnabrück Local Court),
05965/9498203, info@sascotec.de.
- Conclusion of the Contract
2.1 Our offers are subject to change and non-binding. This applies even if we have provided the customer with catalogs, drawings, plans, other product descriptions, or documents—including those in electronic form.
2.2 The customer’s order for the goods shall be deemed a binding offer to enter into a contract. Unless otherwise specified in the order, we are entitled to accept this offer within one week of its receipt by us.
2.3 Acceptance may be declared in writing, e.g., by means of an order confirmation.
- Installation Costs
3.1 The product must be assembled and installed. The assembly costs, including travel and meal expenses for the installers, are listed separately in Sascotec’s quote and are to be borne by the customer.
3.2 To the extent that Sascotec requires the customer to perform preparatory work prior to installation, the customer must have completed such work in accordance with Sascotec’s specifications before installation and setup work begins.
- Payment Terms
4.1 The agreed-upon purchase price is due within 7 days of the customer’s receipt of the invoice.
4.2 The customer may set off claims against Sascotec or assert a right of retention only if the customer’s counterclaims have been legally established, are undisputed, or have been acknowledged by us.
4.3 If the customer is a business entity, Sascotec is entitled, notwithstanding any provisions to the contrary on the part of the customer, to first apply payments toward the customer’s older debts. If costs and interest have already accrued, Sascotec may first apply the payment toward the costs, then toward the interest, and finally toward the principal amount, even if the customer specifies otherwise.
- Retention of Title
5.1 Sascotec retains title to the delivered goods until full payment has been made.
5.2 If the customer is a business, the following applies:
Unless ownership has been transferred to the customer, the customer is obligated to treat the purchased item with due care; in particular, the customer is obligated to insure it at his own expense against fire, water damage, and theft, with coverage sufficient to cover the replacement value. If maintenance and inspection work is required, the customer must have it performed in a timely and professional manner at his own expense.
The customer may neither pledge nor assign as security the delivered goods for which Sascotec has retained title. In the event of attachments, seizures, or other dispositions by third parties, the customer must notify Sascotec immediately. In such a case, the customer must provide Sascotec with the assistance necessary to assert our rights. Costs for any necessary interventions shall be borne by the customer. In the event of suspension of payments, the customer must also notify us of any goods in its possession.
If the customer acts in breach of the contract, we are entitled to rescind the contract and demand the return of the goods we have delivered. We reserve the right to assert claims for damages.
If the value of the security to which we are entitled exceeds the total claim against the customer by more than 10%, we are obligated, at the customer’s request, to release security of our choice to that extent. If we take back goods by mutual agreement, a credit will be issued only in the amount of their current market value.
- Shipping and Delivery Time
6.1 The scope and content of the delivery to be made are specified in our order confirmation. Any shipping costs are listed in the product description and will be itemized separately on the invoice.
6.2 The time frames and deadlines we provide for deliveries and services are always approximate, unless we have expressly promised or agreed to a fixed time frame or deadline.
6.3 If the customer is a business, we are entitled to make partial deliveries, provided this is reasonable for the customer.
6.4 Any events of force majeure for which we are not liable under § 276 of the German Civil Code (BGB) shall release us from our contractual obligations for as long as such events persist.
6.5 The aforementioned events of force majeure shall also constitute grounds for the customer’s exemption from performance, provided they occur at the customer’s premises or within the customer’s sphere of control and organization.
- Late Payment
If, in the case of an agreed installment payment plan, the customer is in default—either in full or in part—on at least two consecutive installments, and the amount in arrears is at least 10% of the total amount owed, the entire amount may be declared due and payable. However, the entire amount will not be declared due and payable until the customer has first been sent a reminder warning that the entire amount may be declared due and payable, and has been granted a reasonable grace period of at least two weeks.
- Rights in Case of Defects
8.1 The customer is entitled to the statutory rights regarding defects. It is essential to follow all instructions and product descriptions, particularly those contained in the respective user manual.
8.2 Notwithstanding § 438(1)(3) of the German Civil Code (BGB), claims by a customer who is a business entity for defects shall be subject to a statute of limitations of twelve months, beginning with the delivery of the goods. If acceptance has been agreed upon, the statute of limitations shall begin with such acceptance.
8.3 Claims by a customer who is a consumer regarding defects in used goods are subject to a statute of limitations of twelve months beginning with the delivery of the goods.
8.4 If the customer is a business, liability for used goods is excluded.
8.5 If the goods consist of a structure or an item that, in accordance with its customary use, was used in a structure and caused its defectiveness (building material), the statute of limitations period is five years from delivery, in accordance with statutory provisions (§ 438 (1) No. 2 BGB). Other special statutory provisions regarding the statute of limitations, in particular § 438(1)(1), (3), § 444, and § 445b of the German Civil Code (BGB), remain unaffected.
8.6 The foregoing limitation of liability does not apply to claims by the customer for bodily injury or injury to health attributable to us, as well as claims arising from the death of the customer or its agents, and claims for other damages resulting from a grossly negligent breach of duty by the contractor or from an intentional or grossly negligent breach of duty by a legal representative or agent of the customer. The Customer’s claims under the Product Liability Act, claims arising from a warranty provided by us, and claims arising from fraudulent concealment of a defect also remain unaffected.
The statutory statutes of limitations apply to these claims.
- Return of Replacement Parts
Sascotec accepts returns of spare parts from customers that have a net value greater than €50.00. To be eligible for a return, the spare part must be in its original packaging, a restocking fee of 30 percent of the net value must be paid, and the return must be made within 14 days of delivery. Custom-made and special-order items are not eligible for return.
- Liability
10.1 The customer’s claims for damages are excluded. This does not apply to the customer’s claims for damages arising from injury to life, limb, or health, or from a breach of material contractual obligations, as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by us, our legal representatives, or our agents. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may reasonably rely. Liability under the Product Liability Act and liability arising from a separately issued warranty remain unaffected.
10.2 The limitation of liability does not apply in the event of the absence of characteristics that have been expressly warranted, if the purpose of the warranty was specifically to protect the customer against damages that did not occur to the delivered item itself.
10.3 In the event of a breach of material contractual obligations, we shall be liable only for foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the customer’s claims for damages arise from injury to life, body, or health.
10.4 The limitations set forth in paragraphs 1 and 2 also apply in favor of our legal representatives and agents if claims are asserted directly against them.
- Sascotec Product Line
11.1 For training purposes, or for commissioning after a repair or maintenance, Sascotec may request that the customer provide a horse for a demonstration of the equipment. If the customer refuses to provide a horse, Sascotec may refuse to perform the services for training purposes, as the operational readiness and safety of the equipment cannot otherwise be demonstrated.
11.2 The customer is responsible for the use of Sascotec products. The customer must ensure that Sascotec products are operated exclusively and at all times by a trained supervisor. Products in the Sascotec product line are intended exclusively for use with horses. In particular, small animals and children must be kept away from the products and protected against unauthorized access. The same applies to persons with disabilities, whether mental or physical (e.g., those with pacemakers). It is at the customer’s discretion to decide which horses are suitable for the use of Sascotec products and which are not. Sascotec advises against using the products on very young or very skittish horses.
- Other Provisions
12.1 Any side agreements between Sascotec and the customer must be in writing. This also applies to any waiver of the written form requirement.
12.2 If the customer is a business entity, the customer’s claims against Sascotec, regardless of the legal basis, may be assigned to third parties only with Sascotec’s consent.
- Governing Law, Jurisdiction
13.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods, in the case of consumers if (a) the customer has his or her habitual residence in Germany or (b) the habitual residence is in a country that is not a member of the European Union.
13.2 If the customer, who is a consumer, has his or her habitual residence in a member state of the European Union, German law shall also apply, provided that mandatory provisions of the country in which the customer has his or her habitual residence remain unaffected.
13.3 If the customer is not a consumer but a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be Osnabrück.
13.4 In the case of consumers, the place of jurisdiction is our registered office if the customer does not have a general place of jurisdiction in Germany or the EU, or if the customer’s place of residence or habitual residence is unknown at the time the action is filed. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected by this provision.
