1. Scope

1. These General Terms and Conditions – B2C (hereinafter, these “GTC”) shall apply exclusively vis-à-vis consumers, that is, persons entering into a contract for a reason not attributed to their commercial or independent business activities. These GTC shall apply to any and all business transactions between EUROTRAMP-Trampoline Kurt Hack GmbH, Zeller Straße 17/1, 73235 Weilheim/Teck, Germany (hereinafter, “Eurotramp”) and the customer (hereinafter, the “Customer“). These GTC shall apply to the sale of trampolines including related materials (hereinafter, “Products“) and related optional installation services (hereinafter, “Services“).
2. These GTC are available on Eurotramp’s website (www.eurotramp.com) for viewing, printing, and/or saving.
3. Any terms and conditions the Customer may have in place that conflict with, complement, or deviate from these GTC shall not become part of a contract unless Eurotramp expressly agrees to their applicability. These GTC also shall apply if and when Eurotramp fulfils an order placed by the Customer without reservation despite having knowledge that the Customer may have such conflicting, complementing, or deviating terms and conditions in place.
4. Any and all rights Eurotramp may have under the law or under any other agreements beyond the scope of these GTC shall remain unaffected.

2. Entering into Contracts

1. The contract regarding the delivery of Products, optionally including their installation (hereinafter, the “Contract”), shall come into effect upon the Customer’s timely acceptance of an offer made by Eurotramp or upon the Customer’s placement # of an assignment or of an order and the subsequent acceptance thereof by Eurotramp. No later than fourteen (14) days after receipt of an assignment or an order, Eurotramp shall notify the Customer of Eurotramp’s acceptance of or refusal to accept the assignment or the order.
2. Any and all offers issued by Eurotramp shall be subject to change and shall not be binding unless they are declared expressly as being binding. Eurotramp’s offers shall be subject to the proviso that Eurotramp receive its quantitative deliveries in a timely manner, to the extent such deliveries are required for the sale of Products, unless Eurotramp failed to order the required Services properly (congruent hedging transaction). In addition, prerequisites include: (i) Eurotramp was not responsible for the inadequate delivery to Eurotramp; (ii) the Customer was notified of the situation without undue delay; and (iii) Eurotramp has not assumed the risk of procurement of such delivery.
3. Eurotramp’s failure to respond to assignments, orders, requests, or other statements made by the Customer shall be deemed to be consent only if and when previously expressly agreed upon in writing.
4. Eurotramp’s brochures, advertising, promotional materials, and documents including drawings, illustrations, calculations, catalogs, models, tools, and other aids shall be deemed to be only approximately authoritative unless agreed upon expressly as being binding on the contractual regulations. They shall not constitute an agreement or a guarantee regarding a specific quality or shelf life of the Products unless agreed upon expressly as constituting such agreement or guarantee. The same shall apply to the Customer’s expectations regarding the Products or their use.
5. Deviations in Products or Services from the scope customary in the trade and deviations based on statutory provisions or which constitute technical improvements as well as the replacement of components with parts of equal value shall be admissible, to the extent they do not impede the use of the Products or Services for the contractually intended purpose.
6. Offers or order confirmations issued by Eurotramp containing obvious errors, typos, or miscalculations shall not be binding on Eurotramp.
7. Exclusively and finally, the Products shall feature only the properties listed by Eurotramp in Eurotramp’s product descriptions.
8. If and when the Customer’s financial situation declines significantly or a justified application to initiate insolvency or similar proceedings regarding the Customer’s assets due to lack of funds, Eurotramp shall be entitled to rescind the Contract in whole or in part.

3. Consumer Withdrawal Policy

1. Customer’s right of Withdrawal
   1. The Customer shall have the right to withdraw from the Contract within fourteen (14) days without any reason being required. This shall not apply to the extent the Customer used the Product during that period.
   2. The cancellation period shall be fourteen (14) days starting on the date on which the Customer or a third party specified by the Customer who is not the carrier has taken possession of the last Product.
   3. To be able to exercise the Customer’s right of withdrawal, the Customer shall notify Eurotramp to that effect (EUROTRAMP-Trampoline Kurt Hack GmbH, Zeller Straße 17/1, 73235 Weilheim/Teck, Germany, phone: +49 7023 94950, e-Mail: welcome@eurotramp.com) clearly stating the Customer’s decision to withdraw from the Contract (e.g., by letter by regular mail, or by e-mail). The Customer can, but is not obligated to, use the template in item 3.4 below.
   4. The Customer shall be deemed to have complied with the withdrawal period if the notification regarding the Customer’s exercising of its right of withdrawal is sent before the withdrawal deadline expires.
   
   
2. Consequences of withdrawal
   1. If and when the Customer withdraws from the Contract, Eurotramp shall reimburse the Customer for any and all payments Eurotramp has received from the Customer without undue delay and no later than fourteen (14) days after receiving the Customer’s withdrawal notification. Unless expressly agreed upon otherwise between Eurotramp and the Customer, Eurotramp shall reimburse the Customer through the same method the Customer used for the original payment transactions; in no case will the Customer be charged any fees resulting from such reimbursement. Eurotramp can refuse reimbursement until Eurotramp receives the returned Products or until the Customer furnishes evidence that the Customer returned the Products, depending which occurs earlier.
   2. The Customer shall return the Products to Eurotramp without undue delay and in any case no later than fourteen (14) days after notifying Eurotramp of the Customer’s withdrawal from the Contract. The return deadline shall be deemed to have been met if and when the Customer returns the Products before the return period expires.
   3. The Customer shall assume any and all costs for returning the Products. Prior to being returned, the Products shall be packed in a way that reasonably protects them against transportation damage, ideally in the original packaging. The Customer’s obligations to cooperate when returning Products shall be the same as for the acceptance of deliveries. The Customer shall be obligated to pay for any loss in the value of the Products only if and when such loss results from any use of the Products not required to inspect their quality, properties, and operation.
   
   
3. Exceptions to the right of withdrawal
   1. The right of withdrawal shall not apply to or shall lapse for Contracts regarding Products that have been fused inseparably with other objects after delivery due to their quality, or for Contracts regarding the delivery of Products tailor-made to the Customer’s specifications or Products which clearly have been customized to meet personal requirements.
   
   
4. Template withdrawal form
   1. If and when the Customer wishes to withdraw from the Contract entered into by and between the Customer and Eurotramp, the Customer may complete this form and send it to Eurotramp:
      
      To
      EUROTRAMP-Trampoline Kurt Hack GmbH, Zeller Straße 17/1, 73235 Weilheim/Teck, Germany; e-mail: welcome@eurotramp.com:
      I/We (*) hereby withdraw from the Contract entered into by me/us (*) regarding the sale of the following Products/the provision of the following Services (*):
      Date of order (*)/Date of receipt (*)
      Customer’s name/Customers‘ names
      Customer’s/Customers‘ address
      Customer’s/Customers‘ signature (only for paper-based notifications)
      Date
      (*) delete if not applicable
   
   

4. Prices, Payment Terms, and Default of Payment

1. Prices shall apply to the scope of delivery or service specified in Eurotramp’s offer or order confirmation. Any and all prices specified shall be in euros exclusively and shall include applicable statutory sales tax. Additional and/or special services shall be charged separately. Eurotramp reserves the right to change prices including, but not limited to, in the event of errors or due to changes to statutory or administrative regulations.
2. Unless agreed upon otherwise, payment for invoices rendered shall be due without undue delay upon receipt and shall be made in euros.
3. Eurotramp shall be entitled to agree upon prepayment with the Customer if doing so is in Eurotramp’s legitimate interest.
4. The date of receipt of payment shall be deemed to be the date on which Eurotramp is able to distribute the funds received. If the Customer is in default of payment, the Customer shall pay interest in arrears in the amount of five (5) percentage points above the applicable basic interest rate per year. Any other claims Eurotramp may be entitled to assert shall remain unaffected.

5. 5.Setoff and Right of Retention

1. The Customer shall be entitled to offset Eurotramp’s claims with the Customer’s counterclaims of whatever nature only if the counterclaims are undisputed or have been legally established. This shall not apply to claims created directly under the same contractual relationship which share a reciprocal relationship.
2. The Customer may exercise the Customer’s right of retention only if and when the Customer’s counterclaim is based on the same contractual relationship.

6. 6.Delivery, Delivery Period, Delayed Delivery

1. The Products shall be delivered to the shipping address indicated by the Customer. The risk of accidental loss or accidental deterioration of the Products shall be transferred to the Customer as soon as the Products have been delivered to the location indicated by the Customer; the same shall apply to partial deliveries.
2. Unless agreed upon otherwise, any delivery period specified for the Products shall commence when the Contract is entered into.
3. Eurotramp shall be deemed to have met the delivery deadline if and when Eurotramp has delivered the Products to the location indicated by the Customer before the delivery period expires.
4. Compliance with delivery periods shall be subject to the proviso that Eurotramp receives its quantitative and qualitative deliveries from its suppliers properly including, but not limited to, in a timely manner and shall be subject to the additional prerequisites outlined in item 2.2 above. Eurotramp shall notify the Customer if and when Eurotramp is unable to comply with a delivery date as a result of inadequate delivery to Eurotramp. If this is the case, Eurotramp shall not be deemed to be in default of delivery. In the event of significant inadequate delivery of primary materials to Eurotramp, Eurotramp shall be entitled to rescind the Contract. Eurotramp shall notify the Customer without undue delay if and when Eurotramp exercises its right to rescind the Contract and shall refund any and all payments the Customer has made up until that date.
5. If and when Eurotramp fails to comply with an agreed-upon shipment date, Eurotramp shall be obligated to notify the Customer in writing without undue delay.
6. If and when Eurotramp is responsible for a delayed delivery and in addition fails to comply with a revised delivery deadline set by the Customer, the Customer shall be entitled to rescind the Contract.

7. Place of Performance, Transfer of Risk, Acceptance, Delayed Acceptance

1. Unless agreed upon otherwise, the place of delivery shall correspond to the place of performance. If and when Eurotramp also has contracted with the Customer to install Products, the place of performance of the installation shall be the location where the installation is to take place. The Customer shall be obligated to accept the Products delivered by Eurotramp at the time of delivery to the Customer, otherwise the Customer shall be deemed to have delayed acceptance.
2. If the Customer delays acceptance or infringes upon any other obligation to cooperate at the time of acceptance, Eurotramp may demand reimbursement of any damages incurred including any additional expenses. The risk of accidental loss or accidental deterioration of the Products shall be transferred to the Customer no later than at the time the Customer is in default of acceptance.
3. If and when the Customer delays acceptance of the Products after having failed to comply with the deadline set by Eurotramp, Eurotramp shall be entitled to otherwise dispose of the Products affected by delayed acceptance and to supply the Customer with similar products within a reasonable period of time.

8. Warranty

1. The Customer’s rights regarding defects in quality and in title shall be subject to the applicable statutory regulations. The statutory 24-month warranty period after delivery shall apply. The warranty period shall not include any expendable parts (including, but not limited to, steel springs, mats, and frame covers).
2. In addition to complying with statutory regulations, the Customer’s notification of defect to Eurotramp must include the following information: serial number of the Product, order number of the delivery affected, proper photo documentation of the defect, and a verifiable report about the defect.

9. Liability for Damages

10. Product Liability

1. The Customer shall use the Products exclusively as contractually agreed-upon and in line with the instructions Eurotramp makes available including, but not limited to, refraining from altering or removing any warning labels regarding the use of the Products.
2. For insurance and liability purposes, the Customer may not resell the Products to North America and/or Canada. If and when the Customer resells the Products to North America and/or Canada, the Customer shall indemnify Eurotramp without undue delay from any and all claims, fines, or penalty fees resulting from such resale and from the Products potentially violating North American or Canadian policies or statutory provisions.
3. If and when Eurotramp must recall Products or issue warnings regarding Products due to defects in these Products, to the best of its abilities the Customer shall cooperate in and support Eurotramp in implementing any and all measures Eurotramp deems to be required and expedient. Eurotramp shall be obligated to assume the costs of Product recalls or warnings unless according to the principles of product liability laws Eurotramp is not responsible for the defects in the Products and the resultant damages.
4. The Customer shall be obligated to comply with any and all statutory regulations or with Eurotramp’s binding specifications regarding product safety including, but not limited to, refraining from altering Products in a way that could compromise their safety.
5. Eurotramp shall notify the Customer in writing without undue delay about any and all risks related to the use of the Products and about potential defects in the Products of which Eurotramp obtains knowledge.

11. Force majeure

1. If and when a force majeure event impedes Eurotramp from fulfilling its contractual obligations including, but not limited to, delivering Products, Eurotramp shall be released from its obligation to perform, without being obligated to pay damages to the Customer for the duration of the force majeure event and a reasonable recovery period thereafter. This shall be conditional upon Eurotramp notifying the Customer without undue delay. Otherwise, Eurotramp shall be released from its obligation to perform as of the time at which the Customer receives the notification.
2. Force majeure refers to the occurrence of an event or circumstance that impedes Eurotramp from meeting one or more of its obligations under the Contract if and when: (i) the hindrance is beyond Eurotramp’s reasonable control; (ii) the hindrance was not reasonably foreseeable at the time the Contract was entered into; and (iii) the impact of the hindrance could not reasonably have been prevented or overcome by Eurotramp.
3. The following events in particular are considered to be force majeure events: force of nature, fire, war (declared or not), strikes, acts of terrorism, administrative measures, energy shortages, pandemics or epidemics, sanctions, embargos, loss of means of transportation, and significant interruption of operations. To the extent Eurotramp is released from its obligation to deliver, Eurotramp shall refund any pre payments made by the Customer up to that date.
4. If and when a force majeure event significantly impedes the fulfillment of the remainder of the Contract and lasts for more than three (3) months, Eurotramp and/or the Customer shall be entitled to rescind the Contract. If this is the case, any and all Services provided by Eurotramp up to that date shall be paid for in full and Eurotramp shall be released from the remainder of its obligations.

12. Retention of Title, Processing, Fusion

1. Eurotramp shall retain title in any and all Products delivered until the agreed-upon prices under the respective legal transaction have been paid in full. The Customer shall be obligated to treat the Products subject to retention of title with due care for the duration of the period of retention of title. All other claims Eurotramp may be entitled to assert shall remain unaffected.
2. As long as ownership has not yet been transferred to the Customer, the Customer undertakes to notify Eurotramp in writing without undue delay if and when delivered Products are seized or are exposed to other third-party interferences. The Customer shall not be entitled to pledge or assign by way of security any Products subject to retention of title or to make any other provisions that compromise Eurotramp’s property.
3. If and when the Customer infringes upon the Contract including, but not limited to, delays payment, irrespective of any other rights Eurotramp may have, Eurotramp shall be entitled to rescind the Contract if and when the Customer has failed to comply with the deadline set by Eurotramp. The Customer shall grant Eurotramp or Eurotramp’s agent access to and shall surrender the Products subject to retention of title without undue delay. Subject to timely notification, Eurotramp may use the Products subject to retention of title otherwise to satisfy Eurotramp’s claims outstanding vis-à-vis the Customer. Transportation costs incurred in connection therewith shall be borne by the Customer.
4. Until ownership of the Products is transferred fully to the Customer, any work on or processing or restructuring of the Product shall be carried out in the name and on behalf of Eurotramp. If this is the case, the Customer’s expectant right to the Product shall continue with regard to the restructured objects. If and when Products are processed together with items not owned by Eurotramp, Eurotramp shall acquire co-ownership in the restructured objects pro rata based on the objective value of the Products and the objective value of the other processed objects at the time of processing. If and when the Customer’s object is considered as the main object due to a fusion, Eurotramp and the Customer agree that the Customer shall grant Eurotramp pro rata co-ownership in such object and shall safeguard the sole ownership or co-ownership so created on behalf of Eurotramp.

13. Take-Over of Used Products, Demo Equipment, Trade Fair Equipment, etc.

1. Eurotramp’s warranty when taking over used Products, Products used for demos or at trade fairs, or similarly used Products shall be limited. These Products shall be sold as is. To the extent these Products were made available to the Customer for use before a sale, Eurotramp shall not assume any liability for defects or for damages which result from such use or of which the Customer gained knowledge when using the Products and failed to notify Eurotramp accordingly.

14. Dispute Resolution

1. The European Commission provides an Online Dispute Resolution (ODS) platform the Customer can access at http://ec.europa.eu/consumers/odr.
2. Eurotramp is not obligated to participate in any dispute resolution proceedings before a consumer dispute resolution board pursuant to § 36 of the Consumer Dispute Resolution Act of Germany (VSBG) and has opted out of voluntary participation.

15. Export Controls

1. If and when the Customer passes the Products on, the Customer shall be responsible for complying with the applicable foreign trade regulations including, but not limited to, the respective applicable national and international export control laws. This shall apply in particular to the transfer of Products to third parties within or outside of Germany. At Eurotramp’s request, the Customer shall be obligated to provide the documents regarding export control inspections so they can be transferred with the Products. The Customer shall fully indemnify Eurotramp from any and all claims asserted by authorities or other third parties vis-à-vis Eurotramp due to the Customer’s violation of the aforementioned export control obligations and undertakes to reimburse Eurotramp for any and all damages and expenses incurred in connection therewith.

16. Final Provisions

1. Any and all agreements entered into by and between Eurotramp and the Customer shall be required to be in writing which includes e-mail and/or fax. The same shall apply to changes and amendments to agreements or to these GTC.
2. Eurotramp’s rights and obligations may be assigned to third parties without the Customer’s consent. In addition, Eurotramp shall be entitled to assign the Contract or parts thereof to Eurotramp’s affiliates pursuant to §§ 15 et seq. of the Stock Corporation Act of Germany (AktG) without the Customer’s consent being required. All other assignments of the Contract or parts thereof by Eurotramp or the Customer to third parties shall require the mutual consent of the parties hereto.
3. If general economic, technical, legal, or regulatory circumstances change so significantly after the date on which the Contract was entered into that the agreed-upon conditions or terms no longer are reasonable for Eurotramp or the Customer, Eurotramp and the Customer shall enter into negotiations to adjust the Contract to meet the changed circumstances. If and when Eurotramp and the Customer fail to come to agreement within there (3) months, Eurotramp and the Customer each shall be entitled to terminate the Contract for cause with six (6) months’ notice.
4. Any and all legal relationships between the Customer and Eurotramp shall be subject exclusively to the laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
5. The venue for all disputes arising from the business relationship between Eurotramp and the Customer shall be the general venue in the city of the defendant’s residence or registered offices. If the Customer does not have a general venue in Germany or in another EU member state, the exclusive venue for any and all disputes arising from the Contract shall be the venue of Eurotramp’s registered offices.
6. If any provision in these GTC and/or in the Contract amended due to these GTC is or becomes invalid, the validity of the remainder of the provisions in these GTC and/or in the Contract amended due to these GTC shall remain unaffected and the remainder of the provisions in the Contract and in these GTC shall remain valid for Eurotramp and the Customer. Eurotramp and the Customer are obligated to agree on a new provision that takes into consideration their mutual interests and comes as close as possible to the purpose intended with the invalid provision.
7. In addition to these GTC, the privacy terms available for viewing and/or downloading from www.eurotramp.com/TAC shall apply.
8. These GTC shall supersede any and all previous general terms and conditions.

1. Scope

1. These General Terms and Conditions of Sale - B2B (hereinafter, these “GTCS”) shall apply to entrepreneurs conducting their commercial or independent business activities and to legal persons under civil law. These GTCS shall apply to any and all business transactions conducted between EUROTRAMP-Trampoline Kurt Hack GmbH, Zeller Straße 17/1, 73235 Weilheim/Teck, Germany (hereinafter, “Eurotramp”) and the customer (hereinafter, the “Customer”). These GTCS shall apply to the sale of trampolines including related materials (hereinafter, “Products”) and related optional installation services (hereinafter,“Services”).
2. These GTCS are available on Eurotramp’s website (www.eurotramp.com) for viewing, printing, and/or saving.
3. Any terms and conditions the Customer may have in place that conflict with, complement, or deviate from these GTCS shall not become part of a contract unless Eurotramp expressly agrees to their applicability. These GTCS also shall apply if and when Eurotramp fulfils an order placed by the Customer without reservation despite having knowledge that the Customer may have such conflicting, complementing, or deviating terms and conditions in place.
4. Any and all rights Eurotramp may have under the law or under any other agreements beyond the scope of these GTCS shall remain unaffected.

2. Entering into Contracts

1. The contract regarding the delivery of Products, optionally including their installation (hereinafter, the “Contract”), shall come into effect upon the Customer’s timely acceptance of an offer made by Eurotramp or upon the Customer’s placement of an assignment or of an order and the subsequent acceptance thereof by Eurotramp. No later than fourteen (14) days after receipt of an assignment or an order, Eurotramp shall notify the Customer of Eurotramp’s acceptance of or refusal to accept the assignment or the order.
2. Any and all offers issued by Eurotramp shall be subject to change and shall not be binding unless they are declared expressly as being binding. Eurotramp’s offers shall be subject to the proviso that Eurotramp receive its quantitative deliveries in a timely manner, to the extent such deliveries are required for the sale of Products, unless Eurotramp failed to order the required Services properly (congruent hedging transaction). In addition, prerequisites include: (i) Eurotramp was not responsible for the inadequate delivery to Eurotramp; (ii) the Customer was notified of the situation without undue delay; and (iii) Eurotramp has not assumed the risk of procurement of such delivery.
3. Eurotramp’s failure to respond to assignments, orders, requests, or other statements made by the Customer shall be deemed to be consent only if and when previously expressly agreed upon in writing.
4. Eurotramp’s brochures, advertising, promotional materials, and documents including drawings, illustrations, calculations, catalogs, models, tools, and other aids shall be deemed to be only approximately authoritative unless agreed upon expressly as being binding on the contractual regulations. They shall not constitute an agreement or a guarantee regarding a specific quality or shelf life of the Products unless agreed upon expressly as constituting such agreement or guarantee. The same shall apply to the Customer’s expectations regarding the Products or their use.
5. Deviations in Products or Services from the scope customary in the trade and deviations based on statutory provisions or which constitute technical improvements as well as the replacement of components with parts of equal value shall be admissible, to the extent they do not impede the use of the Products or Services for the contractually intended purpose.
6. Offers or order confirmations issued by Eurotramp containing obvious errors, typos, or miscalculations shall not be binding on Eurotramp.
7. Exclusively and finally, the Products shall feature only the properties listed by Eurotramp in Eurotramp’s product descriptions.

3. Prices, Payment Terms, and Default of Payment

1. Prices shall apply to the scope of delivery or service specified in Eurotramp’s offer or order confirmation. Any and all prices specified shall be in euros exclusively and shall be net prices plus applicable statutory sales tax. Additional and/or special services shall be charged separately. Eurotramp reserves the right to change prices including, but not limited to, in the event of errors or due to changes to statutory or administrative regulations.
2. Transport insurance shall be procured by Eurotramp unless the Customer expressly objects. The Customer shall assume the cost of the transport insurance.
3. Unless agreed upon otherwise, payment for invoices rendered shall be due without undue delay upon receipt and shall be made in euros. Eurotramp shall be entitled to agree to prepayment by the Customer. In addition, Eurotramp shall be entitled to agree to partial payment by the Customer of the purchase price in advance (e.g., to source materials).
4. The date of receipt of payment shall be deemed to be the date on which Eurotramp is able to distribute the funds received. If the Customer is in default of payment, the Customer shall pay interest in arrears in the amount of five (5) percent above the applicable basic interest rate per year. Any other claims Eurotramp may be entitled to assert shall remain unaffected.

4. Setoff and Right of Retention

1. The Customer shall be entitled to offset Eurotramp’s claims with the Customer’s counterclaims of whatever nature only if the counterclaims are undisputed or have been legally established. This shall not apply to claims created directly under the same contractual relationship which share a reciprocal relationship.
2. The Customer may exercise the Customer’s right of retention only if and when the Customer’s counterclaim is based on the same contractual relationship.

5. Delivery, Delivery Period, and Delayed Delivery

1. Unless agreed upon otherwise by both Eurotramp and the Customer, all deliveries shall be made FCA Eurotramp’s plant (Incoterms 2020).
2. Compliance with delivery periods shall be subject to the proviso that Eurotramp receives its quantitative and qualitative deliveries from its suppliers properly including, but not limited to, in a timely manner and shall be subject to the additional prerequisites outlined in item 2.2 above. Eurotramp shall notify the Customer if and when Eurotramp is unable to comply with a delivery date as a result of inadequate delivery to Eurotramp. If this is the case, Eurotramp shall not be deemed to be in default of delivery. In the event of significant inadequate delivery of primary materials to Eurotramp, Eurotramp shall be entitled to rescind the Contract. Eurotramp shall notify the Customer without undue delay if and when Eurotramp exercises its right to rescind the Contract and shall refund any and all payments the Customer has made up until that date.
3. If and when Eurotramp fails to comply with an agreed-upon shipment date, Eurotramp shall be obligated to notify the Customer in writing without undue delay.
4. If and when Eurotramp is responsible for a delayed delivery and in addition fails to comply with a revised delivery deadline set by the Customer, the Customer shall be entitled to rescind the Contract.

6. Place of Performance, Transfer of Risk, Acceptance, Storage Costs, Shipment

1. Unless agreed upon otherwise, the place of delivery shall correspond to the place of performance. If and when Eurotramp also has contracted with the Customer to install Products, the place of performance of the installation shall be the location where the installation is to take place.
2. Up until delivery, Eurotramp shall assume any and all risks of loss of or damage to the Products. This also shall apply if and when partial deliveries are made or Eurotramp has agreed to provide other services (e.g., shipment or installation) as well.
3. If shipment or surrender of Products is delayed due to circumstances caused by the Customer, risk shall be transferred to the Customer on the date on which Eurotramp is ready to ship the Products.
4. Storage costs incurred as a result of delayed acceptance by the Customer shall be assumed by the Customer. If Products are stored by Eurotramp, the cost shall be 0.25% of the net invoiced amount for the Products to be stored per full calendar week. Eurotramp and the Customer shall be entitled to assert and furnish evidence for higher or lower storage costs.
5. If the Customer delays acceptance or infringes upon any other obligation to cooperate at the time of acceptance, Eurotramp may demand reimbursement of any damages incurred including any additional expenses. The risk of accidental loss or accidental deterioration of the Products shall be transferred to the Customer no later than at the time the Customer is in default of acceptance.
6. If and when the Customer delays acceptance of the Products after having failed to comply with the deadline set by Eurotramp, Eurotramp shall be entitled to otherwise dispose of the Products affected by delayed acceptance and to supply the Customer with similar products within a reasonable period of time.

7. Rescission

1. Either Eurotramp or the Customer may rescind the Contract by written notification (an e-mail shall be deemed to be written notification) to the other party if and when, prior to the transfer of risk, Eurotramp is unable to deliver the Products or Services owing. If Eurotramp is unable to deliver the Products or Services owing, Eurotramp shall notify the Customer in writing without undue delay.
2. In addition, Eurotramp shall be entitled to rescind the Contract if and when:
   1. insolvency proceedings concerning the Customer’s assets are applied for, initiated, or dismissed due to lack of funds;
   2. despite a written reminder, the Customer is in default regarding payments owing to Eurotramp for more than five (5) business days;
   3. after the Contract has been entered into, Eurotramp obtains knowledge of circumstances which could significantly lower the Customer’s credit rating and/or which could compromise the Customer’s payment of Eurotramp’s outstanding claims.
   
   

8. Warranty

1. Unless agreed upon otherwise, the Customer’s rights regarding defects in quality and in title shall be subject to applicable statutory regulations. The warranty for the Products shall be limited to the post-delivery period specified in Eurotramp’s descriptions of the respective Products or Product components.
2. The Customer shall have an obligation to inspect and to give notice of defects pursuant to § 377 of the Commercial Code of Germany (HGB) regarding any and all deliveries made and Services provided by Eurotramp. The Customer shall notify Eurotramp of any and all obvious defects including, but not limited to, visible defects in Products delivered including transport damage, with an exact description in text form without undue delay after delivery and no later than three (3) business days after delivery. Failure to comply with this deadline shall result in exclusion of the Customer’s rights regarding warranty for obvious defects. Concealed defects shall be reported in writing without undue delay after detection.
3. The warranty period for defective optional installation shall be twelve (12) months. The warranty period shall commence with delivery (transfer of risk). Used movable goods shall be delivered to entrepreneurs under exclusion of warranty of any nature.
4. The Customer’s notices of defect to Eurotramp must contain the following information: serial number of the Product, order number of the delivery affected, proper photo documentation of the defect, and a verifiable report about the defects.
5. The Customer only shall be entitled to assert warranty claims if and when defects impede the proper use of Products and Eurotramp has been notified of the defects in text form without undue delay upon their appearance or detection and in any case within the warranty period. If and when the Products are interfered with without Eurotramp’s consent, any and all warranty claims shall lapse. Any and all warranty for defects and/or damages due to improper operation as well as for expendable parts shall be excluded. In addition, the Customer’s assertion of claims for defects shall be conditional upon the Customer’s compliance with the specifications, instructions, guidelines, and conditions outlined in Eurotramp’s technical instructions or assembly, handling and operating manuals and other documents relating to individual Products during planning, construction, assembly, connection, installation, commissioning, operation, and maintenance of the Products and on the exclusive use of recommended components.
6. If and when Products are found to be defective, Eurotramp shall be free to remove the defects or deliver defect-free Products by way of supplementary performance. In the event of supplementary performance, Eurotramp shall be obligated to assume any and all related expenses including, but not limited to, costs of transportation, travel, work, and materials, provided these costs do not increase as a result of the Customer’s transfer of the Products to a location other than the delivery address.
7. If and when Eurotramp is not willing or not able to carry out supplementary performance, irrespective of any claims for damages or reimbursement of expenses the Customer may be entitled to rescind the Contract or reduce the agreed-upon price. The same shall apply if and when supplementary performance fails, is not reasonable for the Customer, or is delayed beyond reasonable deadlines for reasons for which Eurotramp is responsible.
8. Eurotramp does not warrant any specific properties of the Products unless such warranty is made expressly in writing. Eurotramp only shall assume liability for defects in the Products themselves. In particular, the Customer shall be entitled to assert claims for damages due to consequential damage only if and when expressly warranted properties are not present and the warranty was intended to exclude the risk of the consequential damage that occurred. Any other claims the Customer may be entitled to for whatever legal reason shall be excluded.

9. Liability for Damages

1. Eurotramp shall be liable for damages resulting from intent or gross negligence. Eurotramp shall be liable for damages resulting from minor negligence only if material contractual obligations arising from the nature of the Contract and particularly important to the achievement of the purpose of the Contract have been violated. In the case of violation of such contractual obligations as well as in the case of delay, consequential damages, and impossibility, Eurotramp’s liability shall be limited to damages which typically may be expected to occur as part of the Contract. Eurotramp’s liability for loss of profit due to minor negligence shall be excluded.
2. The above liability limitations shall not apply to intent or to damages resulting from violation of a guarantee or from harm to life, body, or health. Eurotramp’s liability in these cases shall be unlimited in accordance with statutory provisions. The same shall apply to the extent Eurotramp expressly assumed a guarantee for the quality of the Products or assumed the risk of procurement of the Products. Eurotramp’s mandatory statutory liability for delay, provided a binding delivery deadline has been agreed upon, and for defects in the Products including, but not limited to, under the Product Liability Act of Germany (ProdHaftG) also shall remain unaffected.
3. Cases in which Eurotramp’s liability is excluded or limited also shall apply to the personal liability of Eurotramp’s employees, staff members, workers, representatives, and agents.

10. Product Liability

1. The Customer shall use the Products exclusively as contractually agreed-upon and in line with the instructions Eurotramp makes available including, but not limited to, refraining from altering or removing any warning labels regarding the use of the Products. If and when the Customer fails to meet this obligation, the Customer shall indemnify Eurotramp from third-party product liability claims inter se unless the Customer is not responsible for the errors on which the claims are based.
2. For insurance and liability purposes, the Customer may not resell the Products to North America and/or Canada. If and when the Customer resells the Products to North America and/or Canada, the Customer shall indemnify Eurotramp from any and all claims, fines, or penalty fees resulting from such resale and from the Products potentially violating North American or Canadian policies or statutory provisions.
3. If and when Eurotramp must recall Products or issue warnings regarding Products due to defects in these Products, to the best of its abilities the Customer shall cooperate in and support Eurotramp in implementing any and all measures Eurotramp deems to be required and expedient. Eurotramp shall be obligated to assume the costs of Product recalls or warnings unless according to the principles of product liability laws Eurotramp is not responsible for the defects in the Products and the resultant damages.
4. Eurotramp shall notify the Customer in writing without undue delay about any and all risks related to the use of the Products and about potential defects in the Products of which Eurotramp obtains knowledge.

11. Packaging

1. Eurotramp shall not take back and/or dispose of any packaging Eurotramp uses as part of deliveries of Products that is not subject to system participation (nicht systembeteiligungspflichtig) pursuant to § 15 para. 1 of the Packaging Act of Germany (VerpackungG). As specified in § 15 para. 1 of the Packaging Act of Germany, the Customer shall dispose of such packaging at the Customer’s own expense and in compliance with the law, unless the parties have agreed upon otherwise.
2. If and when Eurotramp is made responsible for the Customer’s infringement upon the Packaging Act of Germany, the Customer shall be obligated to reimburse Euro-tramp for any and all expenses incurred in connection therewith.

12. Force Majeure

1. If and when a force majeure event impedes Eurotramp from fulfilling its contractual obligations including, but not limited to, delivering Products, Eurotramp shall be released from its obligation to perform, without being obligated to pay damages to the Customer for the duration of the force majeure event and a reasonable recovery period thereafter. This shall be conditional upon Eurotramp notifying the Customer without undue delay. Otherwise, Eurotramp shall be released from its obligation to perform as of the time at which the Customer receives the notification.
2. Force majeure refers to the occurrence of an event or circumstance that impedes Eurotramp from meeting one or more of its obligations under the Contract if and when: (i) the hindrance is beyond Eurotramp’s reasonable control; (ii) the hindrance was not reasonably foreseeable at the time the Contract was entered into; and (c) the impact of the hindrance could not reasonably have been prevented or overcome by Eurotramp.
3. The following events in particular are considered to be force majeure events: force of nature, fire, war (declared or not), strikes, acts of terrorism, administrative measures, energy shortages, pandemics or epidemics, sanctions, embargos, loss of means of transportation, and significant interruption of operations. To the extent Eurotramp is released from its obligation to deliver, Eurotramp shall refund any advance payments made by the Customer up to that date.
4. If and when a force majeure event significantly impedes the fulfillment of the remainder of the Contract and lasts for more than three (3) months, Eurotramp and/or the Customer shall be entitled to rescind the Contract. If this is the case, any and all Services provided by Eurotramp up to that date shall be paid for in full and Eurotramp shall be released from the remainder of its obligations.

13. Retention of Title, Processing, Fusion

1. Eurotramp shall retain title in any and all Products delivered until the agreed-upon prices and all other claims Eurotramp may be entitled to vis-à-vis the Customer under the business relationship have been paid in full. The Customer shall be obligated to treat the Products subject to retention of title with due care for the duration of the period of retention of title. All other claims Eurotramp may be entitled to assert shall remain unaffected.
2. As long as ownership has not yet been transferred to the Customer, the Customer undertakes to notify Eurotramp in writing without undue delay if and when delivered Products are seized or are exposed to other third-party interferences. The Customer shall not be entitled to pledge or assign by way of security any Products subject to retention of title or to make any other provisions that compromise Eurotramp’s property.
3. If and when the Customer infringes upon the Contract including, but not limited to, delays payment, irrespective of any other rights Eurotramp may have, Eurotramp shall be entitled to rescind the Contract if and when the Customer has failed to comply with the deadline set by Eurotramp. The Customer shall grant Eurotramp or Eurotramp’s agent access to and shall surrender the Products subject to retention of title without undue delay. Subject to timely notification, Eurotramp may use the Products subject to retention of title otherwise to satisfy Eurotramp’s claims outstanding vis-à-vis the Customer. Transportation costs incurred in connection therewith shall be borne by the Customer.
4. Until ownership of the Products is transferred fully to the Customer, any work on or processing or restructuring of the Product shall be carried out in the name and on behalf of Eurotramp. If this is the case, the Customer’s expectant right to the Product shall continue with regard to the restructured objects. If and when Products are processed together with items not owned by Eurotramp, Eurotramp shall acquire co-ownership in the restructured objects pro rata based on the objective value of the Products and the objective value of the other processed objects at the time of processing. If and when the Customer’s object is considered as the main object due to a fusion, Eurotramp and the Customer agree that the Customer shall grant Eurotramp pro rata co-ownership in such object and shall safeguard the sole ownership or co-ownership so created on behalf of Eurotramp.
5. The Customer shall be entitled to sell Products prior to having paid for them in full in the ordinary course of business. The Customer hereby assigns to Eurotramp the Customer’s claims vis-à-vis its buyers corresponding to the sales prices agreed upon with Eurotramp (including applicable statutory sales tax) when claims result from the resale of Products subject to retention of title. Eurotramp hereby accepts the assignment. The assignment shall apply regardless of whether the Products were resold with or without processing.

14. Order of Catalog Products

1. Eurotramp shall not be obligated to supply the Customer regularly with Products listed in catalogs (hereinafter, “Catalog Products”) even if Eurotramp provides annual catalogs to its customers. The same shall apply if and when the Customer’s catalogs include Eurotramp’s products.
2. Eurotramp shall be entitled to discontinue the production of Catalog Products at any time, which could result in Catalog Products not being available over the course of the year.
3. In connection with resales or vis-à-vis third parties, the Customer may use images, technical data and documentation, maintenance information, and/or promotional texts provided by Eurotramp to the Customer only with Eurotramp’s previous express written consent. Any unauthorized disclosure of images or promotional texts shall result in a EUR 5.000 contract penalty and, if violations recur, in the termination of the business relationship.
4. Any and all descriptions, properties, or other information regarding Products the Customer wishes to convey to third parties in the Customer’s catalog or product promotions must be authorized by Eurotramp expressly in writing prior to their conveyance.

15. Compliance

1. The Customer shall be obligated to comply with any and all laws, regulations, and policies including, but not limited to, foreign trade and export control restrictions, copyrights, trademark protection, and anti-trust restrictions applicable to the Customer and the Customer’s business activities involving Products.
2. The Customer shall be obligated to comply with any and all statutory regulations or with Eurotramp’s binding specifications regarding product safety including, but not limited to, refraining from altering Products in a way that could compromise their safety.
3. Eurotramp reserves the right to discontinue its business relationship with the Customer if and when the Customer fails to meet its payment obligations by the deadline, violates agreed-upon resale restrictions (e.g., territorial coverage), or significantly infringes upon statutory regulations specified in item 15.1 above.
4. If and when the Customer fails to meet the Customer’s obligations under this item 15, the Customer shall indemnify Eurotramp from any and all third-party claims including the cost of legal actions.

16. Export Controls

1. Deliveries and Services shall be subject to the proviso that the fulfillment of the Contract is not impeded by any national or international export control regulations. Upon request, the Customer undertakes to provide any and all information and documents required to conduct export control inspections (by Eurotramp or authorities) without undue delay. If and when fulfillment of the Contract is delayed due to export control inspections or authorization procedures, deadlines and deliveries shall be suspended. If a required authorization is withheld or the deliveries or Services are not eligible for authorization, the Contract shall be deemed not to have been entered into with regard to the parts affected. Eurotramp shall be entitled to terminate the Contract without notice if and when such termination is required to comply with national or international export control provisions. The assertion of claims for damages or other rights by the Customer based on the aforementioned termination or based on delays shall be excluded.
2. The Customer shall be responsible for complying with the applicable foreign trade regulations including, but not limited to, the respective applicable national and international export control laws. This shall apply in particular to the transfer of Products to third parties within or outside of Germany. At Eurotramp’s request, the Customer shall be obligated to provide the documents regarding export control inspections so they can be transferred with the Products. The Customer shall fully indemnify Eurotramp from any and all claims asserted by authorities or other third parties vis-à-vis Eurotramp due to the Customer’s violation of the aforementioned export control obligations and undertakes to reimburse Eurotramp for any and all damages and expenses incurred in connection therewith.

17. Final Provisions

1. Any and all agreements entered into by and between Eurotramp and the Customer shall be required to be in writing which includes e-mail and/or fax. The same shall apply to changes and amendments to agreements or to these GTCS. Agreements deviating from these GTCS can be entered into exclusively by managing directors and/or authorized staff members.
2. Eurotramp’s rights and obligations may be assigned to third parties without the Customer’s consent. In addition, Eurotramp shall be entitled to assign the Contract or parts thereof to Eurotramp’s affiliates pursuant to §§ 15 et seq. of the Stock Corporation Act of Germany (AktG) without the Customer’s consent being required. All other assignments of the Contract or parts thereof by Eurotramp or the Customer to third parties shall require the mutual consent of the parties hereto.
3. If general economic, technical, legal, or regulatory circumstances change so significantly after the date on which the Contract was entered into that the agreed-upon conditions or terms no longer are reasonable for Eurotramp or the Customer, Eurotramp and the Customer shall enter into negotiations to adjust the Contract to meet the changed circumstances. If and when Eurotramp and the Customer fail to come to agreement within there (3) months, Eurotramp and the Customer each shall be entitled to terminate the Contract for cause with six (6) months’ notice.
4. Any and all legal relationships between the Customer and Eurotramp shall be subject exclusively to the laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
5. The venue for all disputes arising from the business relationship between Eurotramp and the Customer – to the extent legally permissible – shall be the city of Eurotramp’s registered offices exclusively. Eurotramp shall be entitled to sue the Customer in the city of the Customer’s registered offices and in any other admissible venue. Arbitration clauses shall be vetoed.
6. If any provision in these GTCS and/or in the Contract amended due to these GTCS is or becomes invalid, the validity of the remainder of the provisions in these GTCS and/or in the Contract amended due to these GTCS shall remain unaffected and the remainder of the provisions in the Contract and in these GTCS shall remain valid for Eurotramp and the Customer. Eurotramp and the Customer are obligated to agree on a new provision that takes into consideration their mutual interests and comes as close as possible to the purpose intended with the invalid provision.
7. The privacy terms shall apply in addition to these GTCS. These GTCS shall supersede any and all previous general terms and conditions.