GTCs

General Terms and Conditions for Private Customers

§ 1 General

a) Scope
These General Terms and Conditions shall apply to all business relations between Triebel Waffenwerkzeuge GmbH, Wagnergasse 4, 87677 Stöttwang, represented by its Managing Director: Mr. Jürgen Triebel (hereinafter referred to as: Triebel Waffenwerkzeuge GmbH) and its customers in the version valid at the time of conclusion of the contract. Any conflicting general terms and conditions of the customer are hereby expressly rejected.

b) Contractual agreement
Contractual language is German.

c) Conclusion of contract at the place of business
Offers made by Triebel Waffenwerkzeuge GmbH at the place of business shall be subject to change and non-binding. This shall also apply if Triebel Waffenwerkzeuge GmbH has provided the customer with catalogs or other product descriptions or documents - also in electronic form - to which Triebel Waffenwerkzeuge GmbH reserves the property rights and copyrights. At the place of business, the contract shall be concluded by individual application and acceptance based thereon. Contracts may be concluded orally, by letter, e-mail or fax.

d) Conclusion of contract for custom-made products

Customers may conclude contracts with Triebel Waffenwerkzeuge GmbH for custom-made products. The contract in this respect shall be concluded by individual application and acceptance based thereon.

e) Conclusion of contract for tools on loan

Customers from Germany may conclude a tool hire contract with Triebel Waffenwerkzeuge GmbH. The contract on this is concluded by individual application and the related acceptance.
Only tradesmen are entitled to conclude contracts on tools on loan. The loan period is 10 days. The customer is obliged to return the loan tools to Triebel Waffenwerkzeuge GmbH free of charge after the expiry of the loan period.loan contracts can only be concluded in writing (letter, e-mail, fax). Borrowed tools may not be lent to third parties. The costs are based on the loan conditions valid at the time the contract is concluded.

f) Conclusion of contracts for contract work

Customers can arrange contract work with Triebel Waffenwerkzeuge GmbH. The contract is concluded by individual application and acceptance based thereon.

g) Incoming inspection at the customer's premises
The delivered items shall be inspected by the customer for conformity with its specifications prior to their first use.

§ 2 Delivery
a) Partial deliveries
Triebel Waffenwerkzeuge GmbH shall be entitled to make partial deliveries if this is reasonable for the customer. In the event of partial deliveries, however, the customer shall not incur any additional shipping costs.

b) Delays in delivery and performance
Triebel Waffenwerkzeuge GmbH shall not be responsible for delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by Triebel Waffenwerkzeuge GmbH even by exercising the utmost diligence (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite covering transaction to that effect). They shall entitle Triebel Waffenwerkzeuge GmbH to postpone delivery for the duration of the impeding event.

c) Withdrawal
In the event of non-availability for the reasons stated above, Triebel Waffenwerkzeuge GmbH may withdraw from the contract. In this case, Triebel Waffenwerkzeuge GmbH undertakes to inform the customer immediately of the non-availability and to reimburse any consideration already paid without delay.

d) Default of acceptance
If the customer is in default of acceptance of the ordered goods, Triebel Waffenwerkzeuge GmbH shall be entitled to withdraw from the contract after setting a reasonable grace period and to claim damages for default or non-performance. During the delay in acceptance, the customer shall bear the risk of accidental loss or accidental deterioration.

§ 3 Payment
a) Prices and shipping costs
All prices include the German sales tax valid at the time of invoicing and plus the costs for packaging and shipping, unless collection by the customer at the registered office of Triebel Waffenwerkzeuge GmbH in Stöttwang is agreed.

The minimum order value per order is 25.00 EUR value of goods.

b) Payment methods

Customers from Germany can pay by cash on delivery, prepayment or credit card (Mastercard, Visacard). For deliveries abroad, customers can only pay in advance or by credit card (Mastercard, Visacard). Prices for custom-made products are to be paid in advance. Regular customers can be supplied by agreement by purchase on account.

c) Discount for orders

From a value of goods of 25.00 euros, the customer may be granted a discount depending on the payment method. For payment by cash on delivery 2% discount and for payment in advance 3% discount is granted.

d) Default of payment
The customer shall be in default of payment if payment is not received by Triebel Waffenwerkzeuge GmbH within 20 days of receipt of the invoice. In the event of default in payment, interest shall be charged at a rate of 8 percentage points above the prime rate of the European Central Bank. Should the customer be in default of payment, Triebel Waffenwerkzeuge GmbH reserves the right to charge reminder fees in the amount of 5.00 Euro. Triebel Waffenwerkzeuge GmbH reserves the right to claim damages in excess of this amount. The customer shall have the option to prove that Triebel Waffenwerkzeuge GmbH has suffered no or less damage.

e) Right of retention
The customer shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as the customer's obligation.

§ 4 Agreement on bearing the costs in the event of revocation

If you exercise your right of revocation, you must bear the regular costs of returning the goods if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the event of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of revocation. Otherwise, the return is free of charge for you.

§ 5 Cancellation Policy for Consumers in Distance Contracts

The following cancellation policy applies to consumers in distance contracts

Cancellation policy

Right of withdrawal

You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period. The revocation is to be addressed to:

Triebel Waffenwerkzeuge GmbH
Wagnergasse 4
87677 Stöttwang
Fax: +49 (0) 8345-95294-15
E-mail: info@triebel-guntools.de

Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to compensate us for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond the inspection of its properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Goods that can be sent by parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.

- End of the cancellation policy -

Exclusion of the right of revocation
There is no right of revocation for distance contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded. Likewise, there shall be no right of revocation in the case of distance contracts for the delivery of audio or video recordings or of software, provided that the delivered data carriers have been unsealed by the consumer.
§ 5 Retention of title
The delivered goods shall remain the property of Triebel Waffenwerkzeuge GmbH until the purchase price has been paid in full. The customer shall treat the goods subject to simple retention of title with care at all times. The customer shall assign to Triebel Waffenwerkzeuge GmbH any claim or compensation he may receive for damage, destruction or loss of the delivered goods. In case of breach of contract by the customer, in particular in case of default of payment, Triebel Waffenwerkzeuge GmbH shall be entitled to take back the purchased goods. This taking back of the purchased item shall constitute a withdrawal from the contract.

§ 5 Warranty
a) Warranty claim
A warranty claim can only arise with regard to the properties of the goods, reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim.

§ 6 Liability
a) Exclusion ofliability
Triebel Waffenwerkzeuge GmbH as well as its legal representatives and vicarious agents shall only be liable for intent or gross negligence subject to the following proviso. In the case of slight negligence, liability shall only apply to the breach of essential contractual obligations, i.e. obligations whose compliance is of particular importance for the achievement of the purpose of the contract. In this case, liability is limited to the foreseeable, contract-typical, direct average damage. Towards customers who are not consumers, Triebel Waffenwerkzeuge GmbH shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable, contract-typical, direct average damage.

b) Reservation of liability
The above exclusion of liability does not apply to liability for damages arising from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by the exclusion of liability.

§ 7 Legal notice

Express reference is hereby made to the provisions of the Weapons Act and the Foreign Trade and Payments Act (AWG). Cartridge chamber reamers, gauges and reloading matrices may be subject to export licensing.

The processing of essential parts of a firearm requires a permit (§21 and §26 WaffG).

Significant parts of firearms to which modifications have been made must be submitted to state proofing (Proofing Act).

The above legal information does not constitute legal advice within the meaning of the Legal Advice Act!

§ 8 Final Provisions
a) Place of Jurisdiction
The place of jurisdiction for all legal disputes arising from this contract shall be the registered office of Triebel Waffenwerkzeuge GmbH in Stöttwang, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or provided that the customer has no place of jurisdiction in the Federal Republic of Germany.

b) Choice of Law
Unless mandatory statutory provisions according to the customer's home law conflict with this, German law shall be deemed agreed, excluding the UN Convention on Contracts for the International Sale of Goods.

c) Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.

Status:January 2014