Standard Terms and Conditions of GAPTEC Electronic GmbH & Co. KG
1. Scope of Application
These Terms and Conditions apply to all quotes, orders, contracts, and transactions between GAPTEC and the Buyer (customer, distribution partner, or representative). They define the mutual rights and obligations concerning the supply of products and services, unless otherwise explicitly agreed upon in writing.
2. Pricing and Payment Terms
2.1 Pricing:
All prices quoted by GAPTEC are non-binding and subject to change without notice. Prices exclude VAT, customs duties, or other applicable taxes unless explicitly stated.
2.2 Payment Terms:
Invoices are payable within the period stated in the invoice or order confirmation. Late
payments may incur interest charges in compliance with statutory regulations. GAPTEC
reserves the right to require advance payments or impose credit limits based on Buyer’s
financial standing.
2.3 Currency:
All payments shall be made in the currency specified in the invoice. Conversion or exchange
rate fluctuations shall be borne by the Buyer.
3. Orders and Acceptance
3.1 Order Confirmation:
An order is considered accepted only after written confirmation by GAPTEC. Verbal agreements or changes are not binding unless confirmed in writing.
3.2 Cancellations:
Orders cannot be canceled or modified after confirmation without GAPTEC’s consent. Any
cancellation costs incurred will be charged to the Buyer.
4. Delivery and Shipment
4.1 Delivery Times:
Delivery schedules are estimates and are not binding. GAPTEC shall not be held liable for
delays caused by force majeure, supply chain disruptions, or regulatory restrictions.
4.2 Risk Transfer:
Risk of loss or damage to goods transfers to the Buyer once the goods leave GAPTEC’s
facility, unless otherwise agreed.
4.3 Shipping Costs:
Unless otherwise stated, shipping costs are borne by the Buyer
5. Warranty and Liability
5.1 Product Warranty:
GAPTEC warrants that its products conform to the agreed specifications at the time of delivery. Claims for defective products must be submitted in writing within 14 days of receipt.
5.2 Exclusions:
The warranty does not cover damage caused by improper use, modifications, or repairs
made by the Buyer or third parties without GAPTEC’s approval.
5.3 Liability Limitations:
GAPTEC’s liability is limited to the replacement or refund of defective goods. Liability for
consequential damages is excluded to the extent permitted by law.
6. Export Compliance
The Buyer confirms that the goods supplied under this agreement shall not be sold, exported, or re-exported, directly or indirectly, to the Russian Federation or Belarus, or used in connection with activities in those countries, in compliance with Article 12g of Council Regulation (EU) No 833/2014.
The Buyer is responsible for ensuring that this restriction is upheld throughout the entire supply chain. Any violation constitutes a material breach and may result in legal action or termination of business relations.
By accepting this quote/order, the Buyer acknowledges and agrees to these restrictions.
7. Data Protection
7.1 Compliance:
GAPTEC complies with the EU General Data Protection Regulation (GDPR) and other relevant privacy laws.
7.2 Purpose:
Personal data collected will only be used for legitimate business purposes, such as processing orders, managing accounts, or fulfilling legal obligations.
7.3 Third Parties:
Data may be shared with third-party service providers for operational needs, provided such sharing complies with GDPR principles.
8. Force Majeure
GAPTEC shall not be liable for any delay or failure to perform due to circumstances beyond its control, including but not limited to natural disasters, pandemics, strikes, supply chain disruptions, regulatory changes, or acts of war.
9. Returns and Cancellations
9.1 Return Policy:
Returns are accepted only with prior written approval and under the conditions specified by GAPTEC.
9.2 Restocking Fee:
Returned goods may be subject to a restocking fee, depending on the condition of the returned items and the reason for the return.
10. Packaging and Environmental Compliance
10.1 Packaging Standards:
GAPTEC ensures all packaging complies with international and local environmental
regulations.
10.2 Buyer’s Responsibilities:
The Buyer must dispose of packaging materials responsibly and in compliance with
applicable laws.
11. Intellectual Property
All intellectual property rights associated with GAPTEC products, including patents, trademarks, and designs, remain the sole property of GAPTEC. Unauthorized use or reproduction is prohibited.
12. Governing Law and Jurisdiction
12.1 Applicable Law:
These Terms and Conditions are governed by the laws of Germany, excluding its conflict of laws principles.
12.2 Jurisdiction:
All disputes arising from or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in Germany.
13. Miscellaneous
13.1 Entire Agreement:
These Terms and Conditions represent the entire agreement between GAPTEC and the
Buyer, superseding any prior agreements or understandings.
13.2 Severability:
If any provision of these Terms is found to be invalid or unenforceable, the remaining
provisions shall remain in full force and effect.
GAPTEC Electronic GmbH & Co. KG
Stand: November 2024.
