General terms and conditions

This translation is provided for information purposes. Only the German version is legally binding. German version

Elektro Harz
Owner: Remco Visbach (sole proprietorship)
Lautenthaler Strasse 32, 38644 Goslar, Germany
VAT ID no.: DE273799373
E-mail: info@elektroharz.de

Version 1.1 · Draft for legal review · As at: 4 July 2026

§ 1 Scope

(1) These General Terms and Conditions (hereinafter “GTC”) apply to all business relationships between the seller Elektro Harz, owner Remco Visbach, Lautenthaler Strasse 32, 38644 Goslar (hereinafter “Seller”) and the buyer. The GTC apply in the version valid at the time of conclusion of the contract, also to all future business relationships, without any need for a further reference.

(2) These GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB, legal persons under public law and special funds under public law. The Seller does not supply consumers within the meaning of § 13 BGB.

(3) Deviating, conflicting or supplementary terms and conditions of the buyer only become part of the contract if and to the extent that the Seller has expressly agreed to their validity in writing. This consent requirement applies in any case, even if the Seller carries out the delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the buyer.

§ 2 Conclusion of contract

(1) The Seller’s offers are subject to change and non-binding, unless they are expressly designated as binding or contain a specific acceptance period.

(2) Orders placed by the buyer constitute a binding offer. The Seller may accept this offer within five (5) working days of receipt by means of an order confirmation in text form or by carrying out the delivery.

(3) Offers via the B2B portal (b2b.elektroharz.de) are valid for five (5) calendar days from creation, unless otherwise stated. After expiry of this period, the offered prices and conditions lapse automatically.

(4) The Seller reserves the right to reject orders without stating reasons, in particular in the case of doubts about the buyer’s creditworthiness or if the minimum order value pursuant to § 3 is not reached.

(5) In the case of offers for stock available at short notice (stock goods), the intermediate sale is deemed reserved. The offered quantities remain subject to actual availability at the Seller or its upstream suppliers until the order confirmation.

§ 3 Minimum order value

(1) The minimum order value is 2.500,00 EUR net per order, unless a deviating value is stated in the respective offer.

(2) Orders below this minimum order value may, at the Seller’s free discretion, be rejected or processed against a small-quantity surcharge. The amount of the small-quantity surcharge is stated in the respective offer.

(3) Minimum order quantities (MOQ) may apply to individual items. These are stated in the respective offer.

§ 4 Prices and payment terms

(1) All prices are in euros (EUR), net, ex works (EXW Goslar, Incoterms 2020), plus the applicable statutory value added tax as well as packaging, shipping and, where applicable, customs costs.

(2) For customers within the European Union, the reverse-charge procedure pursuant to § 13b UStG applies upon presentation of a valid VAT ID number. The validity of the VAT ID number is checked by the Seller via the VIES/MIAS system of the European Commission.

(3) Payments are, unless otherwise agreed, to be made strictly net without deduction within thirty (30) days of the invoice date. The Seller reserves the right to demand advance payment or a security deposit from new customers, for orders above a certain magnitude or in the case of doubts about creditworthiness.

(4) In the event of default in payment, the Seller is entitled to charge default interest at a rate of nine (9) percentage points above the respective base interest rate pursuant to § 288 Abs. 2 BGB. The assertion of further damages remains reserved.

(5) The buyer is only entitled to offset against undisputed or legally established counterclaims. The buyer may only exercise a right of retention if its counterclaim is based on the same contractual relationship.

§ 5 Delivery and delivery time

(1) Delivery is made ex works Goslar (EXW, Incoterms 2020), unless otherwise agreed. In the case of drop-shipment transactions, delivery may be made directly from the upstream supplier to the buyer. Collection by the buyer is possible after prior arrangement.

(2) The delivery dates and delivery periods stated by the Seller are, unless expressly agreed as binding in writing, standard delivery times based on the market conditions known at the time the offer was prepared. They may deviate due to market developments, availability at upstream suppliers, transport capacities and other circumstances beyond the Seller’s control.

(3) Partial deliveries are permissible, insofar as acceptance is reasonable for the buyer.

(4) In the event of force majeure, official measures, strikes, lockouts, energy or raw material shortages, transport delays or other unforeseeable, unavoidable events for which the Seller is not responsible, the delivery period is extended appropriately. If the event lasts longer than eight (8) weeks, both parties are entitled to withdraw from the contract.

(5) Shipping is at the buyer’s risk. The risk of accidental loss and accidental deterioration passes to the buyer at the latest upon handover to the forwarding agent or carrier.

§ 6 Retention of title

(1) The delivered goods remain the property of the Seller until full payment of all claims of the Seller arising from the business relationship with the buyer (goods subject to retention of title).

(2) The buyer is entitled to further process and sell the goods subject to retention of title in the course of its proper business operations, as long as it is not in default of payment. Pledges or transfers by way of security are not permitted.

(3) The buyer hereby assigns to the Seller its claims arising from the resale of the goods subject to retention of title in the amount of the invoice value of those goods. The Seller accepts the assignment.

(4) In the event of conduct by the buyer in breach of contract, in particular default in payment, the Seller is entitled to take back the goods subject to retention of title. The taking back by the Seller constitutes a withdrawal from the contract if the Seller expressly declares this.

§ 7 Warranty

(1) The buyer must inspect the goods immediately after receipt for completeness, obvious defects and transport damage and must notify the Seller of any complaints in text form within seven (7) calendar days of receipt. Hidden defects must be notified immediately after their discovery. Otherwise the goods are deemed approved (§ 377 HGB).

(2) Manufacturer warranties apply in accordance with the respective warranty conditions of the manufacturer; they do not affect the buyer’s statutory rights in respect of defects vis-à-vis the Seller. The Seller does not assume any warranties of its own, unless this is expressly assured in writing.

(3) In the case of justified notices of defect, the Seller is entitled, at its choice, to subsequent performance by way of rectification or replacement delivery. If subsequent performance fails twice, the buyer may, at its choice, withdraw from the contract or reduce the purchase price.

(4) The warranty period is one (1) year from the passing of risk, unless a longer period is mandatorily prescribed by law.

(5) Obviously used, modified or damaged-packaging goods are excluded from the warranty, insofar as the defect is based on this.

(6) In the case of stock goods, the condition stated in the offer (for example new goods, original packaging, surplus stock) is deemed the agreed quality. Deviations that correspond to the stated condition do not constitute a defect. Information on manufacturer warranties for stock goods is provided to the best of our knowledge on the basis of the information from the upstream supplier.

§ 8 Return and right of withdrawal

(1) No statutory right of withdrawal exists for the buyer as an entrepreneur. The provisions of distance-selling law (§§ 312 ff. BGB) apply exclusively to consumer contracts.

(2) Returns of flawless, non-defective goods are only possible after prior written consent of the Seller. The Seller reserves the right to charge a processing fee of at least fifteen (15) percent of the value of the goods.

(3) Custom-made products, customer-specific configurations and items marked by the manufacturer as non-returnable are generally excluded from exchange and return.

§ 9 Liability

(1) The Seller is liable without limitation for damages arising from injury to life, body or health as well as for damages based on intent or gross negligence, and for damages under the Product Liability Act.

(2) In the case of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical of the contract.

(3) In all other respects, the Seller’s liability, on whatever legal grounds, is excluded.

(4) The foregoing exclusions and limitations of liability do not apply insofar as the Seller has assumed a guarantee.

§ 10 Data protection

(1) The Seller processes the buyer’s personal data exclusively for the performance of the contract and within the framework of the statutory provisions, in particular the General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG).

(2) Further details can be found in the privacy policy, available at www.elektroharz.de/datenschutz.

§ 11 Final provisions

(1) The place of performance for all services from the business relationship with the Seller as well as the place of jurisdiction is Goslar, insofar as the buyer is a merchant, a legal person under public law or a special fund under public law. The Seller is, however, entitled to sue the buyer at its place of business as well.

(2) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(3) Should individual provisions of these GTC be or become wholly or partially invalid, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by the valid provision that comes closest to the economic purpose of the invalid provision.

(4) Amendments and supplements to this contract require text form. This also applies to the amendment or waiver of this text-form clause.

Elektro Harz · Owner: Remco Visbach · Lautenthaler Strasse 32, 38644 Goslar · USt-IdNr. DE273799373