Legal
Terms & Conditions
1. Scope
These General Terms and Conditions (GTC) apply to all business relationships between Neobution GmbH, Dortmund, Germany (“Neobution”) and its customers. Neobution trades exclusively with entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law. Deviating terms of the customer do not apply unless Neobution has expressly agreed to them in writing.
2. Offers and conclusion of contract
Offers, price lists and stock lists issued by Neobution are subject to change and non-binding. A contract is concluded only upon written order confirmation by Neobution or upon delivery of the goods. Obvious errors in offers, order confirmations or invoices may be corrected at any time.
3. Prices and payment
Prices are quoted net, plus applicable statutory VAT and, unless agreed otherwise, ex warehouse (EXW/FCA per Incoterms 2020). Unless otherwise agreed, invoices are payable in advance or within the payment period stated on the invoice, without deduction. In the event of default, Neobution is entitled to charge default interest at the statutory rate for commercial transactions.
4. Delivery and transfer of risk
Delivery dates are approximate unless expressly confirmed as binding. Risk passes to the customer upon handover of the goods to the carrier. Partial deliveries are permitted to a reasonable extent. Events of force majeure release Neobution from its delivery obligation for the duration of the disruption.
5. Retention of title
Delivered goods remain the property of Neobution until full payment of all claims arising from the business relationship. The customer is entitled to resell the goods in the ordinary course of business; in this case, the customer hereby assigns to Neobution all claims arising from the resale up to the amount of the outstanding claims.
6. Warranty and liability
The customer's warranty claims require proper inspection and notification of defects pursuant to § 377 HGB. Claims for defects lapse twelve months after transfer of risk, unless mandatory law provides otherwise. Neobution is liable without limitation for intent and gross negligence as well as for injury to life, body or health. In cases of slight negligence, liability is limited to the breach of essential contractual obligations and to the foreseeable damage typical for this type of contract.
7. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of performance and exclusive place of jurisdiction for all disputes is Dortmund, Germany, provided the customer is a merchant. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.