terms and conditions

General Terms and Conditions of Kambas OleoPress UG (limited liability), 41238 Mönchengladbach, Germany

Status: March 2026

1. General – Scope of Application
   • Our delivery and payment terms apply to all current and future contracts concluded between you and us. We do not recognize any general terms and conditions of the customer; our delivery and payment terms expressly exclude them. Our terms apply even if we execute a delivery without reservation despite being aware of conflicting or deviating conditions of the customer. We unconditionally object to any conflicting purchasing conditions.
2. Offer and Order Confirmation
   • Our offers are always subject to change and non-binding. If VAT is not separately stated in an offer, the offered price is subject to the applicable statutory VAT.
   • Binding delivery contracts are only concluded upon our written order confirmation.
   • Deviations from the contractually agreed performance are permissible if they are reasonable for the customer, taking their interests into account. This is particularly the case for customary trade deviations or technically unavoidable variations. We expressly reserve the right to make technical improvements.
   • We reserve all property and copyrights to offers, sketches, drawings, and other documents. These documents may not be used for other purposes, reproduced, or made accessible to third parties, even if no statutory copyright protection exists.
   • All documents shared for the purpose of an offer, such as emails, images, drawings, sketches, CAM programming, CAD models, weight, and dimensional data, are non-binding and only approximate unless expressly designated as binding.
   • We manufacture according to drawings. If the customer provides drawings, they are responsible for ensuring they are up to date. For orders without an attached drawing, the last version available to us shall always be considered current, regardless of the order text or other notes.
   • If we manufacture according to a sample or sampling process, this is considered the final status. Once the sample has been approved, it serves as production release until revoked in writing. Changes must be made in writing and require new sampling.

3. Prices and Payment Terms
   • Unless otherwise agreed, prices are ex-works, plus shipping and packaging costs and the currently applicable statutory VAT.
   • Unless expressly agreed otherwise, our invoices are due immediately, payable net without deduction.
   • The withholding of payments or offsetting against any counterclaims by the customer that are disputed by us is not permitted.
   • In the event of exceeding the payment deadline, we are entitled to demand default interest at a rate of 5% above the base interest rate (ECB rate for longer-term refinancing operations).
   • We are entitled to adjust the payment terms at any time, particularly in the event of changes in creditworthiness or late payments. This also applies to ongoing orders.
   • In the event of rising costs (e.g., energy, materials, legislative changes), we are entitled to adjust our prices. We will inform the customer of this in writing.
   • Both parties have the right to withdraw from the contract in the event of price changes. This applies to both ongoing and newly concluded orders/framework agreements.

4. Retention of Title
   • We retain ownership of the delivered goods (reserved goods) until full payment of all claims arising from the business relationship with us.
   • Regardless of our retained ownership, the customer is entitled to sell and process the goods in the ordinary course of business.
   • This authority ends if the customer acts in breach of contract, particularly in the event of payment default.
   • The customer is obliged to treat the purchased goods with care.
   • The customer’s claims from the resale of reserved goods are hereby assigned to us in the amount of the value of the reserved goods to secure all our claims from the business relationship. The customer’s authorization to sell the reserved goods depends on the transfer of the resulting claims to us. Resale to third parties excluding the assignment of resulting claims does not constitute ordinary business conduct.
   • Pledging to third parties or any assignment of claims to third parties is excluded without our consent. The customer must inform us immediately of any seizure of claims by third parties. As long as the customer is not in default, they may collect the claims arising from the resale. Upon request, the customer is obliged to disclose the third-party debtors and notify them of the assignment.
   • Processing or transformation of reserved goods by the customer is always carried out for us. If processed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. If inseparable mixing occurs, we acquire co-ownership in the ratio of the value of the purchased item to the other mixed items. If the customer’s item is considered the main item, it is agreed that the customer transfers proportionate co-ownership to us.
   • Security transfer or pledging of the purchased item is only permitted with our written consent as long as the retention of title applies. The customer must notify us immediately in writing of any seizures or other interventions by third parties.
5. Delivery and Shipping
   • All information regarding delivery periods is approximate; a deviation of one week before and two weeks after the stated date is possible, unless otherwise agreed in writing.
   • Compliance with delivery periods requires the timely receipt of all documents, specifications, permits, releases, and provided parts from the customer, as well as compliance with agreed payment terms.
   • When parts are provided by the customer, delivery periods can only be met if the parts are received at our premises at least three weeks before the delivery deadline.
   • If payment deadlines are exceeded, we are entitled to stop production, even if this leads to significant delivery delays. Damage claims by the customer are excluded in this case. We also reserve the right to withdraw from the order and invoice costs already incurred.
   • Unforeseeable and unavoidable operational disruptions occurring after contract conclusion (e.g., strikes, war, raw material shortages, machine damage, official measures) extend delivery periods for their duration. If adherence to the contract becomes unreasonable, both parties have a right to withdraw or terminate.
   • Claims for damages by the customer are excluded in these cases. We are not responsible for the aforementioned circumstances even if they occur during an existing delay.
   • If we are not supplied on time by our sub-suppliers for reasons beyond our control, we may withdraw from the contract if we inform the customer immediately. Any payments received will be refunded immediately.
   • In the case of partial deliveries, the customer is obliged to accept them as long as the remaining delivery is made in a maximum of two subsequent deliveries within one month.
6. Material Provisions
   • We assume no liability for the technical functionality and quality defects of parts provided by the customer. We reserve the right to refuse the installation of provided materials if they do not meet our quality requirements.
   • If materials are not provided within the grace period, the customer is obliged to accept the contractual products without the installation of the provided materials.
   • We are liable for damage to materials or objects provided for processing (materials, tools, machines, etc.) only in cases of intent or gross negligence. Liability for light negligence is excluded. The customer is advised to insure their materials.
7. Framework Supply Contracts
   • If a framework supply contract is concluded, the acceptance period for the customer is 12 months from the date of order confirmation, unless otherwise agreed in writing.
   • Furthermore, our GTC also apply to framework supply orders.
8. Warranty and Liability
   • Defects must be reported in writing: obvious defects immediately, hidden defects within 6 months of delivery. Otherwise, warranty claims are excluded. The customer bears the full burden of proof for all claim requirements.
   • Slight deviations in delivery quantity (up to 10%) compared to the order confirmation must be accepted by the customer if reasonable.
   • If a defect exists for which we are responsible, we are entitled to choose between rectification or replacement. We bear the costs for rectification unless they increase because the goods were moved to a location other than the place of performance.
   • If we are unwilling or unable to rectify/replace, or if this is delayed beyond reasonable periods for reasons we are responsible for, the customer is limited to a right of supplementary performance. The customer reserves the right to reduce the price or withdraw from the contract if supplementary performance fails.
   • Customary, minor, or technically unavoidable deviations in quantity, quality, color, and dimensions cannot be complained about.
   • We are only liable for foreseeable and direct damages at the time of contract conclusion. Claims are limited to the value of the goods delivered by us.
   • We are not liable for damages that did not occur to the delivery item itself, nor for lost profits of the customer. These limitations do not apply in cases of intent, gross negligence, or breach of essential contractual obligations.
9. Applicable Law, Place of Performance, and Jurisdiction
   • The legal relationship between the customer and us is governed exclusively by the laws of the Federal Republic of Germany.
   • The place of performance is 41238 Mönchengladbach, Germany, unless expressly agreed otherwise.

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