Our General Terms and Conditions (GTC)

General Terms and Conditions of Stecker Express GmbH

Here's to good cooperation!

§ 1 General:

All products available from Stecker Express GmbH are intended exclusively for industry, trade, commerce and the liberal professions for use in independent professional or commercial activities. Our following terms and conditions apply to all deliveries and services. By accepting our service, these terms and conditions are agreed even without the express consent of the customer. The customer's terms and conditions shall not apply even if we do not expressly object to them and carry out the delivery. The purchase contract is concluded with Stecker Express GmbH, Lembergstraße 52, 72766 Reutlingen, Germany (STECKER EXPRESS). STECKER EXPRESS concludes contracts with customers who are corporate customers and who are domiciled in a country of the European Union and are commercially active. If STECKER EXPRESS has inadvertently accepted an offer from an unaccepted participant, STECKER EXPRESS has the right to withdraw from the contract within a reasonable period of time. Orders placed via the online shop are delivered to consignee addresses in countries that can be found at the following link: https://www.stex24.com/order-shipping/delivery-shipping-costs

Deviations and additions by the customer are only valid if expressly confirmed in writing by STECKER EXPRESS. They apply only to the transaction for which they are made. The following terms and conditions shall apply to future contracts even if they are not expressly agreed in the future.

1.1 Prices

The prices valid on the day of order entry apply, plus the VAT valid on the day of invoicing. The prices displayed in the shopping basket in the online shop already include all metal surcharges and copper surcharges. A detailed price breakdown can be displayed before finalising the order. If the price information refers to the net value of the goods, this is calculated including or excluding surcharges and without services such as cutting costs, freight and shipping costs, special services and storage services, depending on the information provided.

1.2 Freight costs & shipping costs

The current prices and conditions for freight costs and shipping costs can be found under the following link:https://www.stex24.com/order-shipping/delivery-shipping-costs

1.3 Delivery quantities

1.3.1 Cable

Under- and overlengths of +/- 10 % are permissible. Delivery can be made in partial lengths. The length-related measurement tolerance is ± 0.5 %. Special products by the metre are produced according to the production length. If no cut lengths are specified in the order, STECKER EXPRESS reserves the right to determine the cut lengths or packaging in accordance with our defined standard lengths

1.3.2 General cargo

Piece-guided items are supplied in packaging units, while metre-guided goods are supplied either as a ring or on a drum, depending on weight and length. Accessories can be supplied individually or as packaging units in accordance with the catalogue. A length tolerance of +/- 5 % is permitted for accessories by the metre from the catalogue, while an overdelivery of 15 % or an underdelivery of 10 % is permitted for accessories not listed in the catalogue.

1.3.3 Return of goods

As a rule, we take back goods up to 30 days after delivery. There is no entitlement to a return, as this is a voluntary service. Goods that are not prefabricated and for the manufacture of which the customer has not made an individual or personal selection, such as customised or cut products, custom-made products and special housings, can be returned. The returned goods must be in a proper, saleable condition and sealed in the original STECKER EXPRESS packaging. The current prices and conditions can be found under the following link: https://www.stex24.com/order-shipping/delivery-shipping-costs

§ 2 Offer, conclusion of contract, written form:

2.1 Offers from STECKER EXPRESS are non-binding. The contract between STECKER EXPRESS and the customer is concluded as follows: Customers can place the desired product in the shopping basket on the corresponding product page either by clicking on the shopping basket symbol or by entering the article number. By clicking on the "shopping basket" button in the top right-hand corner, the number of items is displayed. From there, the customer is taken to the shopping basket page, where they can set the order quantity, delete products and add further products. The order is continued via the corresponding buttons at the bottom of the page. The contract is concluded by our written order confirmation or by delivery. The order data is stored by STECKER EXPRESS after conclusion of the contract and can be retrieved at any time via the customer account. The text of the contract is not stored there, but the general terms and conditions are available on the website of the online shop.

2.2 Information provided prior to the order in the course of order processing, in particular regarding performance data, consumption data or individual data, shall only be binding if confirmed by STECKER EXPRESS in writing with the order confirmation or at a later date. Information in brochures and advertisements do not constitute binding quality agreements.

2.3 Our representatives are not authorised to give any guarantees or make any agreements that deviate from the Terms and Conditions. Any such agreements require our written confirmation in order to be effective.

2.4 If an unforeseeable increase in material, labour, transport costs, taxes or duties occurs between conclusion of the contract and delivery, we shall be entitled to adjust the price accordingly at our reasonable discretion, provided that delivery is not to take place within four months of conclusion of the contract. If the customer makes changes after conclusion of the contract, we may adjust the prices in accordance with the additional costs incurred as a result.

§ 3 Dates and deadlines:

STECKER EXPRESS will use its best endeavours to meet the delivery dates and deadlines stated in the order confirmation, but these are only estimates and not fixed or calendar delivery dates.

3.1 The delivery periods shall not commence until all details have been fully clarified. The execution of deliveries requires the timely response to all queries, the submission of all necessary drawings and documents or work parts to be provided and the granting of all necessary approvals and authorisations. Otherwise, the delivery time shall be extended in accordance with the delay caused by the customer.

3.2 A deadline or date shall be deemed to have been met if the consignment is dispatched within the deadline or on the agreed date, has been informed that it is ready for dispatch or has been collected.

3.3 We are only obliged to execute and deliver if the customer has made all agreed payments. In the event of late payments, we may extend the delivery periods accordingly.

3.4 If non-compliance with a deadline or date is due to force majeure, mobilisation, war, riots, strikes, lockouts, pandemics, virus and other attacks on the IT system of STECKER EXPRESS, provided that these occur despite compliance with the usual care in protective measures, or due to other unforeseeable obstacles affecting our operations and occurring after conclusion of the contract or becoming known to STECKER EXPRESS, the deadline or date shall be extended accordingly. This also applies to unforeseeable events that affect the operations of our suppliers and for which neither they nor STECKER EXPRESS are responsible.

3.5 Partial deliveries are permissible.

3.6 The quantities and weights delivered or dispatched ex works by STECKER EXPRESS shall be decisive for invoicing.

3.7 In the case of intra-Community deliveries, the customer is obliged to provide STECKER EXPRESS with his VAT ID number and to provide the information required to verify the tax exemption as well as the necessary supporting documents. If the customer does not fulfil these obligations on time, we will treat the delivery as taxable. We shall then be entitled to charge and claim the amount due in addition to the VAT. If we have wrongly accepted a delivery as tax-exempt due to incorrect information provided by the customer, the customer is obliged to indemnify STECKER EXPRESS from the tax liability and to bear all additional expenses.

3.8 In the event that STECKER EXPRESS is not supplied with the ordered goods by its supplier despite an existing contractual obligation, STECKER EXPRESS has the right to withdraw from the contract. As soon as this event occurs, STECKER EXPRESS will immediately inform the customer and notify him that the ordered product is not available. Payments already made will be refunded immediately.

§ 4 Shipping, transfer of risk:

Unless otherwise agreed, all prices are ex works (according to Incoterms 2020) plus the applicable statutory VAT. The prices do not include packaging costs, but loading is provided at the STECKER EXPRESS factory. Transport, unloading and installation of the system/system parts at the destination, as well as disassembly and assembly, will be charged according to actual expenditure.

Unless otherwise agreed, the transfer of risk takes place with the provision of the services for dispatch and the notification of readiness for dispatch. In the case of deliveries ex works, dispatch is at the customer's risk. Insurance shall only be taken out at the express request of the customer, whereby the costs shall be borne by the customer.

§ 5. Compensation for damages:

STECKER EXPRESS assumes no liability for loss of profit. Claims for damages and reimbursement of expenses by the customer are excluded, regardless of the legal grounds, in particular for breach of duties arising from the contractual obligation and from unauthorised action.

The provision of the above clause shall not apply insofar as liability is assumed as follows:

- according to the Product Liability Act

- in the case of intent (fraudulent intent)

- in the event of non-compliance with an assumed guarantee

- gross negligence on the part of legal representatives or vicarious agents

- due to culpable injury to life, limb or health

- in the event of claims by the customer pursuant to Section 445 a BGB due to the culpable breach of material contractual obligations. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. This expressly includes performance obligations.

5.1 Claims for damages for the slightly negligent breach of essential contractual obligations are limited to the foreseeable damage typical for the contract. The limitation shall also apply if the customer demands compensation for futile expenses instead of a claim for damages in lieu of performance.

5.2 Our liability for the loss or alteration of data shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and at the appropriate risk.

§ 6 Complaints and warranty:

6.1 In the event of a timely notification of defects, the customer may demand subsequent fulfilment. STECKER EXPRESS has the right to choose the type of remedy (elimination of the defect or delivery of a defect-free item). If two attempts to remedy the defect remain unsuccessful (failed subsequent fulfilment) or if STECKER EXPRESS refuses to remedy the defect or if subsequent fulfilment is unreasonable, the customer has the right to withdraw from the contract, to reduce the purchase price or to claim damages instead of performance. The customer is obliged to grant STECKER EXPRESS the necessary time and opportunity to remedy the defect. If the warranty also covers the removal and installation of the goods delivered by STECKER EXPRESS, we have the right to choose whether to do this ourselves or have it done by a third party. The removal and installation costs are limited to three times the value of the goods.

6.2 STECKER EXPRESS does not assume any warranty for impairments of the delivery item due to natural wear and tear, damage after transfer of risk or improper handling.

6.3 STECKER EXPRESS's liability shall lapse if the customer or a third party reworks or modifies our delivery without our prior consent or uses parts that have not been supplied or approved by STECKER EXPRESS.

6.4 If STECKER EXPRESS provides CAD data, DWG data, production plans and/or drawings (hereinafter referred to as "Data") as part of the service (irrespective of the transmission method and file format), the following warranty provisions shall apply:

6.4.1 The data provided serves exclusively to provide information on the materials and dimensions to be used.

6.4.2 The provision of the data and these provisions on the use of the data do not constitute any guarantees or assurances, in particular with regard to possible production processes. Likewise, no warranty claims arise from this.

6.4.3 The provision of the data and these regulations on the use of the data do not constitute any guarantees or assurances, in particular with regard to any production processes. Nor do any warranty claims arise from this.

6.5 If STECKER EXPRESS provides data for use free of charge, claims for damages and reimbursement of expenses by the customer are excluded, regardless of the legal grounds, in particular due to breach of duties arising from the contractual obligation and from unauthorised action. This applies in particular to the accuracy, completeness, quality and reliability of the data and information contained therein as well as to the results that can be achieved by using the data and information. The user should only make decisions regarding the use of the data provided by STECKER EXPRESS in consultation with STECKER EXPRESS.

§ 7 Terms of payment:

The invoice is issued when the goods are dispatched. If goods ready for despatch cannot be dispatched for reasons for which the customer is responsible, the invoice will nevertheless be issued and is due for payment. Unless otherwise stated in the order confirmation, the invoice amount is payable net within 14 days of the date of issue.

7.1 In the event of default in payment, we are entitled to demand statutory default interest and a lump sum of EUR 40. We reserve the right to claim further damages. The customer has the option of proving that no damage or significantly less damage than the lump sum has been incurred. Payments shall always be used to settle the oldest debt due, including the default interest due thereon, unless the customer expressly instructs otherwise. The interest shall be offset first.

7.2 The customer may only offset undisputed or legally established claims or exercise a right of retention due to such claims, unless the customer objects to material defects. When withholding payments, the customer's claim must be based on the same contractual relationship.

7.3 The unconditional payment of our invoice shall, in the case of contracts for work and services, be deemed to be an unconditional acceptance of our performance and a waiver of any contractual penalty that may be incurred.

7.4 Percentage or value vouchers can be redeemed in the online shop. Percentage vouchers have a percentage value by which the purchase price is reduced. Value vouchers refer to a fixed euro amount. The current conditions can be found under the following link: https://www.stex24.com/order-shipping/voucher terms and conditions

7.5 Instead of payment on account, we also offer our customers other payment methods. Billing and payment transactions are not carried out by STECKER EXPRESS, but by the payment service providers specified for the selected payment method. In the case of advance payments (e.g. credit card payment), we issue the invoice after the goods have been dispatched; the goods are dispatched immediately as fulfilment of the contract. Please keep a copy of the transaction receipt. STECKER EXPRESS reserves the right to charge the customer for any chargeback costs for credit card payments if these were caused by the customer.

§ 8 Retention of title:

8.1 The goods delivered by STECKER EXPRESS remain the property of STECKER EXPRESS until full payment of all claims arising from the business relationship between STECKER EXPRESS and the customer.

8.2 The customer is authorised to resell and/or process the goods subject to retention of title in the normal course of business, unless otherwise agreed below. However, the goods may not be pledged or transferred by way of security.

8.3 If the goods subject to retention of title are processed, combined, mixed or blended with other goods or items not belonging to STECKER EXPRESS, STECKER EXPRESS shall receive a co-ownership share in the new item corresponding to the invoice value of the goods subject to retention of title in relation to the other processed goods or items at the time of processing, combining, mixing or blending. If the customer acquires sole ownership of the new item, the contracting parties hereby agree that the customer shall grant STECKER EXPRESS a co-ownership share in the new item corresponding to the invoice value of the processed or combined goods subject to retention of title in proportion to the invoice value of the other processed goods or items. Production wages, overheads and other imputed cost factors are not taken into account in the calculation of our co-ownership share. Upon request, the customer is obliged to disclose his calculations regarding the cost of goods in order to determine the STECKER EXPRESS co-ownership share. It is hereby agreed that the customer shall store the goods belonging to STECKER EXPRESS free of charge for STECKER EXPRESS.

8.4 The customer hereby assigns to STECKER EXPRESS by way of security all claims arising from the resale of our reserved goods in the amount of the purchase price agreed with STECKER EXPRESS; we accept this assignment. Resale is only permitted if the aforementioned assignment allows for an effective transfer of the claims. If the goods subject to retention of title are resold together with other goods, regardless of whether before or after processing, combining, mixing or blending, the advance assignment agreed above shall only apply to the amount of the invoice value of the goods subject to retention of title that are resold together with the other goods.

8.5 In the case of contracts for services or work in which STECKER EXPRESS's retention of title expires, the customer hereby assigns to STECKER EXPRESS as security the wage claim in the amount of the invoice value of the processed goods subject to retention of title, and we accept this assignment.

8.6 This authorisation to collect shall expire even without our express revocation if the customer fails to meet his obligations to STECKER EXPRESS or suffers financial collapse, in particular if insolvency proceedings are instituted against him or if there is a possibility that the amounts collected cannot be transferred to STECKER EXPRESS. In the case of instalment payments on wage claims partially assigned to STECKER EXPRESS, the customer is obliged to first offset the instalment payment against the part of the claim not assigned to STECKER EXPRESS. As between STECKER EXPRESS and the customer, instalment payments collected by the customer are always deemed to be settled first against the part of the claim not assigned to STECKER EXPRESS.

8.7 The collection authorisation does not include factoring. STECKER EXPRESS also does not consent to the assignment of the resale or wage claims assigned to STECKER EXPRESS within the framework of a genuine factoring agreement.

8.8 Upon request, the customer is obliged to inform STECKER EXPRESS in writing at any time about the whereabouts of the goods subject to our retention of title. He must name to STECKER EXPRESS other parties entitled to ownership as well as the debtors of the assigned claims and provide STECKER EXPRESS with all information and documents necessary for the collection of the assigned claims, including the contractual documents and invoices. Upon request, the customer must notify the debtor of the assignment. The customer is obliged to provide STECKER EXPRESS with copies of the assignment notices at any time. The customer must inform STECKER EXPRESS immediately of any impairment of our rights of retention of title or other securities, in particular seizures.

8.9 In the event that the customer acts in breach of contract, in particular in the event of default in payment of a claim arising from the business relationship, or if the customer suffers financial collapse, suspends payments, or if insolvency proceedings are instituted against the customer or the customer requests an out-of-court settlement from its creditors, STECKER EXPRESS may, after setting a reasonable deadline, rescind the contract and demand the return of the goods.

8.10 STECKER EXPRESS undertakes to release the securities to which STECKER EXPRESS is entitled upon the customer's request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 20%. STECKER EXPRESS shall be entitled to select the securities to be released.

§ 9. rights to documents; design and programme changes:

STECKER EXPRESS reserves the right of ownership and copyright to cost estimates, drawings and other documents, both in print and electronic media. These may not be made accessible to third parties without express authorisation. STECKER EXPRESS reserves the right to modify designs and versions on the basis of new findings and improvements. The making of copies or reproductions, even in extracts, is only permitted with our authorisation.

§ 10. reservation of fulfilment:

10.1 The customer is obliged to strictly comply with all relevant national and international export regulations. He must obtain any necessary authorisations and provide all information and documents required for the export, shipment or import into the respective country of delivery in good time. Delays due to export inspections or authorisation procedures mean that agreed deadlines and delivery times are no longer valid. In such a case, STECKER EXPRESS and the customer must jointly agree on reasonable new deadlines. If required authorisations are not granted within 6 calendar weeks after the delays, the contract shall be deemed not concluded with regard to the affected parts. The customer shall not be entitled to any compensation with regard to these parts or due to the aforementioned delay. If requested, STECKER EXPRESS will inform the customer of the relevant contact points for further information.

10.2 In the event of a culpable breach by the customer, the customer is obliged to indemnify STECKER EXPRESS upon first request against claims and to compensate STECKER EXPRESS for damages incurred by STECKER EXPRESS's suppliers or licensors, third parties, governmental and/or international authorities or organisations. The same applies to damages and expenses incurred by STECKER EXPRESS.

10.3 The fulfilment of the contract by STECKER EXPRESS is subject to the proviso that there are no obstacles due to German, US-American or other applicable national, EU or international regulations of foreign trade law as well as no embargos or other sanctions.

10.4 All deliveries by STECKER EXPRESS are subject to the condition that the customer complies with all regulations of the foreign trade law of the European Union, Germany, the United Kingdom and other applicable national regulations when reusing or reselling the services. This applies in particular to deliveries to Russia or Belarus as well as to sanctioned persons and companies. In the event of ambiguities, STECKER EXPRESS is entitled to request a corresponding end-use declaration from the customer. Until such declaration is received, STECKER EXPRESS is released from its obligation to perform.

10.5 In the event of a breach of this obligation, Customer shall indemnify STECKER EXPRESS upon first request against any third-party claims. In this case, STECKER EXPRESS is additionally entitled to terminate all existing contracts with immediate effect and to assert its statutory claims for damages.

10.6 All obligations of STECKER EXPRESS are subject to proper self-supply. A corresponding declaration by the upstream supplier shall be deemed sufficient proof that STECKER EXPRESS is prevented from delivery through no fault of its own. In addition, STECKER EXPRESS reserves the right to organise collection campaigns at its own discretion in the event of delivery problems with upstream suppliers.

10.7 STECKER EXPRESS shall immediately inform the customer of the non-availability and immediately reimburse any consideration. The same applies if required export licences are not granted or cannot be used.

§ 11 Place of fulfilment, place of jurisdiction, final provisions:

11.1 The place of fulfilment for all obligations arising from this contract, including payment of the purchase price, and the exclusive place of jurisdiction is Reutlingen, insofar as the customer is a merchant in accordance with Section 38 (1) of the German Code of Civil Procedure (ZPO). This provision shall not apply if the customer has no general place of jurisdiction in Germany. However, STECKER EXPRESS reserves the right to file suit at the customer's place of residence. The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The application of German law is limited to the extent that foreign law contains mandatory provisions and all elements of the matter are not located in Germany at the time of the conclusion of the contract. In this case, the provisions of the law of this other country shall apply, which cannot be deviated from by agreement under the law of this country.

11.2 Only the German version of these GTC shall be binding. Only this version is authoritative for the content of these GTC and the rights and obligations arising from them. Versions in other languages are non-binding translations for information purposes only.

§ 12. severability clause:

Should individual parts of this contract be or become legally invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall co-operate in order to replace the invalid provision with a legally permissible and valid provision that is suitable for achieving the intended purpose of the invalid provision. The same applies to the filling of contractual loopholes.

AGB Stecker Express GmbH

01.06.2023