1. general
1.1 These General Terms and Conditions shall apply exclusively. The customer's general terms and conditions shall only apply insofar as the contractor has expressly agreed to them in writing.

1.2 Consumers within the meaning of the Terms and Conditions are natural and legal persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity. Clients within the meaning of the Terms and Conditions are both consumers and entrepreneurs.

2. offers

All offers are subject to change until written acceptance by the Contractor. The contract is only concluded when the Contractor confirms the order in writing.

3-5 Conditions for all services and deliveries
3. if the performance owed by the Contractor is necessarily delayed due to serious circumstances for which it is not responsible (e.g. labor disputes and other unavoidable events, failure of suppliers to deliver to the Contractor), any agreed delivery period shall be extended by the duration of the delay and a reasonable scheduling surcharge for the resumption of work. The Contractor shall inform the Client of the delay without delay. If the delay lasts longer than three months, either party to the contract may withdraw from the contract without compensation.

3.1 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until the goods are handed over, even in the case of sale by dispatch. If the client is in default of acceptance, this shall be deemed equivalent to handover.

4. in the case of a commercial transaction, the buyer must inspect the goods immediately after delivery by the seller and, if a defect is found, notify the seller of this immediately in writing within 3 working days. If the Buyer fails to make this notification or fails to fulfill his obligation to inspect the goods, the goods shall be deemed to have been approved. If a defect is discovered later, this must also be reported in writing immediately within 3 working days of discovery, otherwise the goods shall also be deemed to have been approved in view of this defect. Timely dispatch of the notification shall be sufficient to meet the deadline.

4.1 If the Client is a consumer, it shall initially have the choice of whether subsequent performance is to be effected by rectification or replacement delivery. However, the Contractor shall be entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the Client.

4.2 If the subsequent performance fails, the client may, at his discretion, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the client shall not be entitled to withdraw from the contract.

4.3 Entrepreneurs must report obvious defects in writing within a period of two weeks after receipt of the goods; otherwise the assertion of the warranty claim is excluded. The date of receipt of the notification by the Contractor shall be decisive for compliance with the deadline. The client shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the notification of defects.

4.4 Consumers must report the defect in writing within a period of two months after the time at which the condition of the goods contrary to the contract was discovered. The date of receipt of the notification by the contractor shall be decisive for compliance with the deadline. If the client fails to provide this notification, the warranty right shall expire two months after the defect is discovered. The defects must be described in as much detail as possible for the client. This provision does not constitute a preclusion period for the client's warranty rights.

4.5 This shall not apply in the event of fraudulent intent on the part of the Contractor. The burden of proof for the period in which the defect was discovered lies with the consumer.

4.6 If the client chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he shall not be entitled to any additional claim for damages due to the defect. Failure of rectification/subsequent performance shall only be deemed to have occurred after the second unsuccessful attempt. The statutory cases of the dispensability of setting a deadline shall remain unaffected. If the client chooses compensation for damages after failed subsequent performance, the goods shall remain with the client if this is reasonable for him. Compensation shall be limited to the difference between the agreed remuneration and the value of the defective item. This shall not apply if the Contractor has maliciously caused the breach of contract.

4.7 For entrepreneurs and consumers, the warranty period is one year from delivery of the item. This shall not apply if the client has not notified the defect in good time.

4.8 The Customer shall not receive any guarantees in the legal sense from the Contractor. Manufacturer warranties remain unaffected by this.

4.9 Offsetting against claims other than undisputed or legally established claims or returns are only possible if they have been recognized by the contractor.

4.10. Insignificant, reasonable deviations in dimensions and design, in particular also in the case of repeat orders, shall not entitle the customer to make complaints unless compliance with dimensions and color shades has been expressly agreed.

4.11. In the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of delivery. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations. The above limitations of liability do not apply to claims of the client arising from product liability. Furthermore, the limitations of liability shall not apply in the event of physical injury or damage to health attributable to the contractor or in the event of loss of life of the customer.

5.1 Remuneration

The agreed remuneration shall apply. In the case of continuing obligations and for deliveries and services provided more than four months after conclusion of the contract, a price increase is permitted:

a. in the event of a change in the statutory rate of value added tax compared to the rate applicable at the time the contract was concluded;

b. in the case of collectively agreed salary increases, by a corresponding surcharge on the salary component;

c. in the event of material price increases charged to the Contractor by its own suppliers.

The price increase requires that it does not deviate from the general price calculation according to the cost of living index of the Federal Statistical Office for a 4-person employee household. If the price increase exceeds this amount, both contracting parties have the right to terminate the contract.

5.2 Payment

Payment of the purchase price is due in full upon delivery. The Client shall be in default 10 days after the due date without any further declarations by the Contractor if it has not paid. In the event of the existence of defects, the Client shall not be entitled to a right of retention. Insofar as this is not in reasonable proportion to the defects and the anticipated costs of subsequent performance / rectification - in particular the rectification of defects. If the client is a consumer, he shall pay interest on the debt at a rate of 5% above the prime rate during the period of default. During the period of default, the contractor shall pay interest on the debt in the amount of 8% above the prime rate. The Contractor reserves the right to prove and assert a higher damage caused by default against the Contractor. The above conditions shall also apply to payment for partial deliveries.

5.3 Retention of title

(1) In the case of contracts with consumers, the Client shall retain title to the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, the Contractor shall retain title to the goods until all claims arising from the current business relationship have been settled in full. The client undertakes to release the securities to which he is entitled at his discretion, insofar as their value exceeds the claim by more than 20 %.

(2) The Client is obliged to notify the Contractor immediately in writing of any seizure of the reserved goods and to inform the pledgees of the retention of title.

(3) The client is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges, gifts or transfers by way of security are not permitted. In the event of resale, the Client's claims against the customer arising from the sale are hereby assigned to the Contractor. The Contractor shall be authorized to collect the assigned claims. The authorization to resell and collect the claim shall not apply if there is a prohibition of assignment between the Client and its customer. Furthermore, the resale and collection authorization can be revoked if the contractor does not properly fulfil his contractual obligations towards the client. If the items are resold on credit, the client must reserve ownership vis-à-vis his customer. The Client hereby assigns to the Contractor the rights and claims arising from this retention of title vis-à-vis its customer.

(4) If the items subject to retention of title are installed by the Client or on behalf of the Client as essential components in the property of a third party, the Client hereby assigns to the Contractor any pending claims against the third party or the party concerned from remuneration in the amount of the value of the items subject to retention of title with all ancillary rights, including the granting of a security mortgage.

(5) If items subject to retention of title are installed as essential components in the Client's property, the Client hereby assigns to the Contractor the claims arising from the sale of the property or property rights in the amount of the value of the items subject to retention of title with all ancillary rights.

(6) If the Client does not fulfill its obligations to the Contractor or does not fulfill them punctually, or if it interferes with the goods delivered under retention of title in an inadmissible manner, the Contractor shall be entitled to withdraw from the contract and demand the return of the goods.

5.4 Storage fee

If dispatch of the delivery is delayed at the Client's request by more than two weeks after the agreed delivery date or, if no precise delivery date has been agreed, after the Contractor has notified the Client that the goods are ready for dispatch, the Contractor may charge a flat-rate storage fee of 0.5 % of the price of the delivery item for each month (pro rata temporis if applicable). The Client shall be entitled to prove that the Contractor has incurred no loss or a significantly lower loss. The Contractor shall be entitled to prove that a higher loss has been incurred.

5.5 Cost estimates, drafts, drawings

Ownership and copyright to cost estimates, drafts, drawings and calculations are reserved. These items may not be used, reproduced or made accessible to third parties without the contractor's consent. They must be returned immediately if the order is not placed.

5.6 Image rights

The Kiebitzberg® Group reserves the right to exhibit or publish in the media any photographs it takes of the subject matter of the order for the purpose of self-promotion.

5.7 Place of jurisdiction

Stendal is agreed as the place of jurisdiction in all cases. The law of the Federal Republic of Germany shall apply.