Delivery and payment conditions

STP® SPORT TARGET PISTOL by Prommersberger

§1 · Validity of the delivery and payment conditions:

The deliveries, services and offers of the individual company STP® SPORT TARGET PISTOL (owner: Karl Prommersberger), Marktplatz 1, D-86556 Kühbach, www.stpgun.de ("Seller") are carried out exclusively on the basis of these delivery and payment conditions ("General Terms and Conditions of Business"). These general terms and conditions of business also apply to all future business relations with the respective buyer provided that the legal transactions are of the same or a related kind. Deviations from these General Terms and Conditions of Business – in particular the validity of the purchasing conditions of the buyer – require the express written agreement of the seller. Any conflicting contractual conditions of the buyer are herewith explicitly rejected. These General Terms and Conditions of Business do not apply to weapons being repaired.

§2 · Conclusion of contract:

The buyer is bound for 10 days to his order or commission which both qualify as an offer to conclude a contract. The purchase agreement is concluded when the seller confirms the acceptance of the goods order within this period in writing or in text form or carries out the delivery. The transfer of rights and obligations from the purchase agreement requires the prior written agreement of the other contractual partner in each case.
Ancillary agreements, changes and additions are only valid if the seller confirms them in writing. In particular drawings, figures, measurements, weights or other performance data are only binding if this is agreed explicitly in writing.

§3 · Prices and price changes:
Prices are denominated in "euros" ex stock in Kühbach, plus packaging, taxes (in particular the VAT which applies in each case), customs duties, other duties and freight costs. Unless otherwise agreed in individual cases, the current prices of the seller that applied at the time the contract was concluded shall apply in each case.

§4 · Delivery time:
Adherence to agreed delivery times requires the timely receipt of all documents to be supplied by the buyer, the required approvals, certificates and adherence to the agreed payment conditions. Force majeure, lack of raw materials, strikes, excusable absence of deliveries from the suppliers of the seller or similar events, which can impede normal warehousing or transport, shall prolong the delivery period as appropriate.

§5 · Transfer of risk in the event of dispatch:
If goods are sent upon request of the buyer, who is an entrepreneur in accordance with § 14 BGB (German Civil Code) to the buyer, the risk of accidental loss or accidental deterioration of the goods shall transfer to the buyer when the goods are sent to the buyer but at the latest, however, when the goods leave the warehouse of the seller. This applies irrespective of whether the goods are sent from the place of performance and irrespective of who is bearing the freight costs.

§6 · Claims for defects:
If the buyer is an entrepreneur in accordance with § 14 BGB (German Civil Code), warranty rights require that the buyer has fulfilled his inspection and notification of defects obligations that he is required to fulfil in accordance with § 377 HGB (German Commercial Code).
If the delivery item is defective or lacks the agreed quality, the buyer can choose between rectification or a new delivery (supplementary performance). In the event of justified supplementary performance, the seller shall bear the necessary expenses. The seller can refuse the type of supplementary performance chosen by the buyer if it entails disproportionate expenditure. If the supplementary performance was not successful, the buyer can withdraw from the agreement in accordance with the legal provisions or reduce the purchase price or demand compensation or reimbursement of wasted expenses. The statutory warranty periods always apply. A warranty period of 5 years is granted for Prommersberger STP weapons. This is based on the prerequisite that the buyer has not adapted the weapon in any way. A warranty right will expressly not be granted if the weapon is damaged as a result of reloaded ammunition.

§ 7 · Limitation of liability:
The seller shall only be held liable for any damages which arise insofar as these are based on an infringement of a key contractual obligation or as the result of wilful or grossly negligent conduct of the seller, the legal representatives of the seller or the vicarious agents of the seller. If a key contractual obligation is infringed to a slightly negligent degree, the liability of the seller is restricted to the foreseeable losses typical for the contract. A key contractual obligation is an obligation the fulfilment of which is essential for the contract to be implemented correctly in the first place or on whose adherence the buyer relies or is entitled to rely.
No liability is accepted for compensation over and above this. Liability due to the culpable injury to life, body or health in accordance with the legal provisions shall remain unaffected. This also applies to mandatory liability in accordance with the German Product Liability Law.

§8 · Retention of title:
Until all requirements which have arisen and will arise on the basis of the business relationship between the seller and the buyer have been fulfilled, delivered goods shall remain the property of the seller ("Reserved goods"). The buyer may not dispose of the reserved goods. In the event that third parties, in particular a bailiff, access the reserved goods, the buyer shall point out that the goods are the property of the seller and inform the seller immediately. If the buyer conducts himself in a manner that infringes contractual obligations – in particular if he is in default of payment – the seller is authorised, after setting an appropriate deadline in advance, to withdraw from the contract and to take back the reserved goods.

§9 · Payment:
The seller's invoices usually fall due for payment immediately upon handover of the object of purchase, but at the latest however 8 days after the invoice has been issued or submitted.
If a debit authorisation has been issued, a 2 % discount can be agreed and granted in writing or in text form. The seller expressly reserves the right to reject cheques or bills of exchange. These are only ever accepted for the purposes of making a payment. Discount and exchange charges shall be borne by the buyer and are due for payment immediately. The seller is authorised, despite contrary provisions of the buyer, to initially offset payments against his older debts and will inform the buyer about the manner of the offsetting carried out. If costs and interest have already arisen, the seller is authorised to offset the payment initially against the costs, then the interest and lastly the main service. If there are outstanding payments, the seller is authorised to suspend deliveries until the payment is received. In this case, any further deliveries are only made on a cash on delivery basis.
If, in individual cases, the seller takes back goods from a buyer that the buyer has ordered erroneously and which the buyer has no entitlement to, or the buyer does not accept goods that have been ordered specially for him, a fee will be charged for this amounting to 5 % of the net sales price, however at least EUR 10.00.
In the case of special orders that deviate from the standard scope of supply or in the case of specific customer requirements, an advance payment of 50 % of the agreed total price must be made.

§10 · Miscellaneous:
If the buyer transmits personal data as defined in the GDPR to the seller, the seller's data protection declaration shall apply to the handling of this data. This can be downloaded from https://www.stpgun.de/stp-prommersberger-datenschutz.html. For both parties, the place of performance for all deliveries and payments is the seller's headquarters, i.e. Kühbach. If the buyer is a merchant as defined in the German Commercial Code, the county or district court that is responsible locally for Aichach is deemed the place of jurisdiction. The seller is, however, also entitled to sue the buyer at his place of residence or business. The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

As at 2019 · The price list is valid from March 1st 2019.

STP® · Karl Prommersberger | 2019