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GENERAL Terms and Conditions
der Hammerwerk kapo Gesellschaft mbH. & Co. KG
1. Scope and Definitions
1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all legal transactions concerning the delivery and sale of goods and the provision of services between Hammerwerk kapo Gesellschaft mbH. & Co. KG (hereinafter “KAPO”) and the recipient of the delivery or service, unless the parties have explicitly agreed otherwise in writing.
1.2 A customer within the meaning of these GTC is the inquirer, orderer, recipient, or buyer of goods or the client of services. Delivery is understood to mean the legal transaction concerning the delivery of goods, but also the contract for other (ancillary) services, including consulting or assembly services, as well as the fulfillment of legal transactions. The parties are the customer and KAPO, as well as both together. Goods refers to the object of the delivery.
1.3 The terms entrepreneur and consumer are to be interpreted in accordance with Section 1 KSchG.
1.4 The provisions of these GTC apply to entrepreneurial customers, with the exception of the special provisions for consumers as customers listed under Point 11.
1.5 The provisions of these GTC, with the exception of Point 11, apply to consumers as customers, provided they do not contradict the special provisions of Point 11. In the event of contradictory provisions, the provisions of Point 11 shall take precedence for consumers as customers.
1.6 General terms and conditions or forms of the customer shall in no case be recognized or become part of the contract, regardless of whether KAPO was aware of them or not, whether KAPO objected to their validity or not, and regardless of whether they contradict the GTC or not.
1.7 In any event, by accepting the delivery, the customer submits to the validity of the GTC. If KAPO maintains a long-term business relationship with the customer, the GTC shall apply to every individual delivery even if their validity has not been separately pointed out.
2. Cost Estimates, Orders, and Offers
2.1 Unless otherwise agreed in writing, cost estimates from KAPO are non-binding, and their accuracy is not guaranteed.
2.2 Proposals by the customer to conclude a legal transaction constitute a binding offer if they describe the goods or service with sufficient specificity. The customer is bound to such an order for at least 14 days after it has been received by KAPO.
2.3 Communications from KAPO – even in response to customer inquiries – are subject to change without notice, even if prices, dates, and other technical specifications are communicated therein; technical information or proposed solutions from KAPO are likewise without warranty, as are descriptions, samples, or specimens presented in public statements by KAPO. A legal transaction is therefore only concluded when an order from the customer within the meaning of Point 2.2 exists and is accepted within the meaning of Point 3.
3. Conclusion of a Legal Transaction (Contract)
3.1 The legal transaction is effectively concluded as soon as KAPO’s consent (acceptance/order confirmation) is sent to the customer in writing following their order (Point 2.2). The consent must contain a formal corporate confirmation. The legal transaction is also effectively concluded if, in the absence of a written acceptance/order confirmation, KAPO begins execution of the delivery. The sales or agency office is in no case entitled to conclude a sale, but only to receive purchase applications.
3.2 If the customer, after the conclusion of the legal transaction, creates further documents intended to effect or confirm (document) this conclusion, these shall be without legal effect even if KAPO neither objects to nor rejects them.
3.3 If the acceptance/order confirmation from KAPO deviates from the customer’s order, this deviation shall be deemed approved if the customer does not object to it within 3 days of its receipt, but at the latest upon execution of the delivery.
4. Prices and Terms of Payment
4.1 All prices are based on the time the legal transaction is concluded (date of the written order confirmation by KAPO or – in its absence – the start of the execution of the delivery). The prices stated in the acceptance/order confirmation or – in its absence – in the price list of KAPO for the delivery shall apply. Unless explicitly agreed otherwise in writing, prices are to be understood as net prices without discount and without price increases due to rising costs.
4.2 Packaging, loading and transport means, as well as assembly and assembly aids, are not included in the price. Deliveries and services not included in the price will be invoiced to the customer according to actual material and time expenditure. For the delivery of small quantities, surcharges will be invoiced to compensate for the additional effort.
4.3 Unless otherwise provided in writing upon conclusion of the legal transaction, all prices are quoted ex works (currently Untergaisberg 15, 4352 Klam bei Grein) or ex the distribution warehouse named in the acceptance/order confirmation from KAPO. They do not include value-added tax, freight, customs duties, or import/export levies.
4.4 If the delivery is to be provided more than two months after the conclusion of the legal transaction, or if the delivery takes place later than two months after the conclusion of the legal transaction for reasons for which KAPO is not responsible (specifically for the reasons stated in Point 7), KAPO may demand the price stated in the price list at that time instead of the originally determined price.
4.5 Regardless of the restriction in Point 4.4, KAPO is entitled to an adjustment of the price until delivery (a) in the event of price changes for materials and energy, (b) in the event of a change in exchange rates, and (c) in the event of additional costs caused by an incomplete load, difficulties or hindrances in shipping and transport conditions, and (d) in the event of a change in the transport route due to circumstances for which KAPO is not responsible, and (e) in the event of a change in freight, taxes, duties, and fees, insofar as KAPO has commissioned the dispatch (Point 6) itself.
4.6 One third of the purchase price is to be paid upon ordering, the remainder at the latest upon delivery, unless otherwise explicitly agreed in writing. Maturity occurs regardless of whether the customer had the opportunity to inspect the delivery or whether they assert defects and damages to the delivery. If delivery is made in parts, KAPO is entitled to issue partial invoices. KAPO has the right to demand advance payments or security for payment if there are doubts about the customer’s willingness or ability to pay.
4.7 Cash discounts are only granted to the customer if they have been explicitly agreed upon in writing. Cash discount deductions from partial invoices already paid become void in the event of default with further partial invoices or the final invoice.
4.8 Payments can only be made with debt-discharging effect to the payment office(s) designated in the invoice; payments to representatives or delivery personnel do not release the customer from their obligation to pay. Bills of exchange or checks from the customer are only considered performance on account of payment following a separate written agreement. The customer’s payment obligation is only fulfilled once KAPO has unrestricted access to the bank credits from the redemption or discounting.
4.9 If there are multiple due claims, payments from the customer will be credited against the oldest claim. In relation to individual claims, the costs associated with the recovery of the claim will be settled first, then the interest, and finally the principal. Any designation of payment by the customer deviating from the two preceding sentences is ineffective.
4.10 Without the explicit written consent of KAPO, the customer is not entitled to settle their payment obligation by offsetting it against other claims or to withhold payment for any reason whatsoever, in particular with the assertion that defects and damage exist. The prohibition of offsetting does not apply in the event of KAPO’s insolvency or for counterclaims that have been established by a court or recognized by KAPO.
4.11 In the event of a customer’s default in payment, default interest at a rate of 9.2 percentage points above the base interest rate must be paid. Default interest is balanced monthly. The default interest rate applies. In addition to interest, KAPO may also claim compensation for other damages and expenses arising from the delay, specifically the costs of appropriate extrajudicial and judicial collection or enforcement measures, insofar as these are caused by the customer and are in reasonable proportion to the claim pursued. In the event of default in payment, KAPO is entitled to demand the dissolution of the contract in whole or in part in addition to the default interest.
4.12 KAPO is entitled to declare all claims from deliveries or other claims immediately due if (a) payment deadlines are repeatedly not met by the customer, or (b) if the customer exceeds internally agreed credit lines and does not reduce them despite a corresponding reminder, or (c) if the customer experiences payment difficulties, requests deferrals from creditors, insolvency is imminent, or the customer becomes insolvent. Furthermore, in these cases, KAPO is entitled to stop future deliveries, make them dependent on advance payment, or withdraw from legal transactions not yet fulfilled.
4.13 In the event of resale of the products domestically or abroad, payment is likewise due immediately. The value-added tax shown in invoices and credit notes from KAPO becomes due immediately for goods deliveries or services, notwithstanding any payment terms.
5. Delivery
5.1 Unless otherwise explicitly agreed in writing, the place of performance is KAPO’s plant (currently Untergaisberg 15, 4352 Klam bei Grein) or the location explicitly designated as the place of performance in KAPO’s acceptance/order confirmation.
5.2 If the customer is in default of acceptance (particularly due to failure to take delivery after notification of readiness for shipment), the goods shall be stored at the customer’s expense and risk either at KAPO or with a third party. If storage takes place at KAPO, KAPO is entitled to demand a fee corresponding to that of a public warehouse. KAPO shall only be liable for the deterioration or destruction of the goods in the event of intent or gross negligence. KAPO’s rights under Sections 373 et seq. UGB remain unaffected.
5.3 Delivery dates specified by KAPO are – unless otherwise explicitly stated in writing upon conclusion of the legal transaction – non-binding. Likewise, delivery periods are approximate. The period for delivery begins with the entry into force of the contract, but never before payment of the agreed down payment or the first installment. It is extended by the period necessary until details are clarified or official permits, which are to be obtained or restored by the customer, are provided. The same applies if the delivery was made dependent on the fulfillment of down payments or the provision of security for payment by the customer. For compliance with the delivery period in the case of shipment, the notification of readiness for shipment is decisive; if KAPO has undertaken the shipment, the handover to the first carrier is decisive.
5.4 Delivery periods set in motion according to Point 5.3 are interrupted by the circumstances listed below and only continue after the reason for the interruption has ceased: breach of the customer’s duty to cooperate or other breaches of contract by the customer from this or another legal transaction, suspension, interruption, or delay of the sub-supplier with the delivery to KAPO, technical defects in production and transport facilities, and all cases of force majeure. In addition to this interruption period, a reasonable start-up time for the beginning or continuation of the delivery must also be added. In the same way, the contractual delivery dates also change by the periods of interruption and the restart of delivery.
5.5 If one of the reasons for interruption provided for in Point 5.4 lasts longer than three months, both KAPO and the customer are entitled to dissolve the contract by unilateral written declaration. The customer loses this right if (a) they are responsible for the interruption or (b) if KAPO has notified the customer of the cessation of the hindrance and announced delivery within a reasonable period.
5.6 Unless otherwise explicitly agreed in writing, KAPO is permitted to make partial deliveries. It is furthermore entitled to deliver before the agreed date. Withdrawal from the contract or other dissolution of the contract, for whatever reason, does not cancel the contract regarding partial deliveries already executed, unless the reason for withdrawal or dissolution also applies to the partial deliveries already executed.
5.7 The risk of accidental loss and accidental damage passes to the entrepreneurial customer upon notification of readiness for shipment. If a reason for interruption according to Point 5.4 exists and the customer has already been notified of readiness for shipment, the risk passes to the customer upon notification of readiness for shipment even if shipment was agreed.
5.8 KAPO is in default if, in the case of delivery dates and periods explicitly agreed as fixed, the agreed time or period is exceeded by 6 weeks, or by 4 months for vehicles with special equipment. In the event of an agreed change to the order, KAPO is entitled to redefine the delivery date. If only an approximate date or period is agreed or deemed agreed, KAPO is only in default if delivery does not occur within a further 10 weeks after the specified approximate date or period.
5.9 If KAPO is in default according to Point 5.8, the customer is entitled to dissolve the contract after setting a reasonable grace period of at least 30 days for withdrawal. This period only begins to run upon receipt of the customer’s written declaration stating that they will withdraw from the contract after the expiry of the grace period set in their letter if delivery has not occurred by then. If KAPO is at fault for the delay, the customer may claim damages under the conditions set out in Point 9.
5.10 In the event of default by the customer, KAPO is entitled, in addition to the rights under Point 5.2, to demand either 10 (ten) percent of the purchase price from the customer as a cancellation fee or to claim damages.
5.11 The customer is obliged to accept the delivery at the place of performance. The assertion of claims due to non-contractual delivery or the fact that the customer was not in a position to inspect the delivery does not entitle them to refuse or postpone acceptance.
5.12 The entrepreneurial customer is obliged to inspect the delivery upon acceptance. The entrepreneurial customer loses the right to rely on a non-conformity of the delivery if they fail to perform this immediate inspection or if they do not report a non-conformity in writing, specifying the non-conformity, within 14 days after the time they could have recognized it during a proper inspection. If the entrepreneurial customer explicitly or tacitly waives the inspection, the delivery is assumed to be proper.
6. Shipment
6.1 Even if KAPO contractually undertakes the shipment, the place of performance remains KAPO’s plant or the distribution warehouse named in KAPO’s acceptance/order confirmation.
6.2 In the event of shipment by KAPO, the customer bears the shipping costs (including ancillary costs occasioned by the shipment) and the packaging costs.
6.3 For the delivery, possible and permitted access for motor vehicles of all kinds must be provided. Unloading of the delivery is at the expense of the customer. The customer bears the risk for unloading.
6.4 The risk passes to the customer upon handover to the transport company.
6.5 In the event of idle times and services during delivery that exceed half an hour per vehicle unit, KAPO’s self-costs must be reimbursed.
6.6 KAPO is not obliged to take back packaging material; rather, it will be invoiced. If delivery is made on pallets, a pallet deposit will initially be invoiced with the delivery, which will be credited after the pallets are returned, provided they are in perfect condition.
6.7 The return or back-shipment of delivered goods requires prior written agreement between the parties; in any case, it must be freight-free.
6.8 KAPO is not obliged to take out transport insurance. If such insurance is requested by the customer or voluntarily taken out by KAPO, the customer bears the resulting costs.
6.9 If the customer explicitly or tacitly waives the inspection, the delivery is assumed to be proper.
7. Force Majeure and Other Delivery Hindrances
7.1 Events of force majeure entitle KAPO to postpone delivery for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part regarding the part not yet fulfilled. Force majeure includes strikes, lockouts, and other circumstances that make delivery significantly more difficult or impossible for KAPO, regardless of whether they occur at KAPO, the manufacturer, or a sub-supplier; in these cases, KAPO shall not face any consequences of default.
7.2 The party that is already in default at the start of the hindrances mentioned in Point 7.1 cannot rely on the suspensive effect of these hindrances.
8. Conformity of the Goods
8.1 KAPO generally provides no warranty for its goods, unless otherwise determined below.
8.2 KAPO warrants for factory-new goods that the delivery corresponds to the quality specified in KAPO’s acceptance/order confirmation. If no specification is made in the acceptance/order confirmation or if the delivery takes place without KAPO’s acceptance/order confirmation, KAPO warrants that the goods have a quality or performance that is customary for goods of the same type and that the customer can reasonably expect. Descriptions of goods in advertising or other public statements directed at an indefinite group of persons do not constitute a description of the quality of the goods. If the customer received a sample, the goods conform to the contract if they correspond to the sample. Deviations in dimensions, weight, quality, and color are permissible within the framework of the agreed standard or the standard existing in KAPO’s country. The same applies to customary tolerances in determining quantities according to mathematical principles.
8.3 The warranty applies only to the first buyer and only upon fulfillment of payment obligations. Claims must be communicated to KAPO within a reasonable period. KAPO is not liable for parts not manufactured by KAPO itself, but is prepared to assign any claims against the manufacturer of the defect to the buyer.
8.4 KAPO reserves the right to technically modify the delivery program as well as units even after the conclusion of the contract in the interest of technical development.
8.5 For the determination of contractual conformity, the time of handover is generally decisive. In the case of shipment, the time of handover to the first carrier is decisive; this also applies if the shipment is carried out by KAPO. If the customer asserts non-conformity, the burden of proof lies with them to show that the goods were non-conforming at that time.
8.6 If the non-conformity of the goods is proven, KAPO is entitled to eliminate the non-conformity within a reasonable period by replacement delivery (exchange) or by rectifying the defect in the delivery. If improvement or replacement is impossible or involves disproportionately high expenditure for KAPO, the customer can only demand the cancellation of the contract. A claim for price reduction is excluded. KAPO is entitled to several attempts at improvement.
8.7 If KAPO is responsible for the non-conformity, the customer can only demand compensation in the form of improvement or replacement. If such improvement or replacement is impossible or involves disproportionately high expenditure for KAPO, the customer can only demand monetary compensation if KAPO itself is guilty of intent or krass gross negligence. Compensation for consequential damages caused by defects is also only permissible under this restriction. The performance of warranty work does not extend the period.
8.8 The claim for elimination of non-conformity and for damages shall expire (a) in the event of improper or untimely notification of the non-conformity (Point 5.11) or (b) with the processing or treatment of the delivery without KAPO being given the opportunity to inspect the defect or (c) with the expiry of 6 months after the day of knowledge of the damage and the person responsible, unless the claim for rectification of the non-conformity has been asserted in court by then.
8.9 If products are manufactured according to the customer’s instructions, KAPO only warrants manufacturing according to the instructions given. A warranty for actual usability is excluded. The same applies to cases of use contrary to the intended purpose. KAPO is not obliged to verify the instructions. KAPO is only liable for the breach of the duty to warn if KAPO was aware of the unsuitability of the instruction.
8.10 The fact of non-conformity of partial deliveries does not entitle the customer to reject unaffected or future partial deliveries or deliveries from other contracts.
8.11 Guarantee declarations by the manufacturer of the goods, even if they are passed on by KAPO, only establish claims against the manufacturer. Such guarantee promises neither become part of KAPO’s warranty nor do they establish a warranty or guarantee exceeding or supplementing its warranty.
9. Liability and Damages
9.1 KAPO is only liable for damages due to a breach of contractually assumed or legally existing obligations if intent or krass gross negligence on the part of KAPO is present. The burden of proof lies with the customer. Excepted from this is the non-waivable legal liability for defective products, provided that a person is injured, killed, or suffers health damage as a result.
9.2 Liability for material damage resulting from a product defect (within the meaning of non-waivable and strict liability for defective products), including for all companies involved in manufacturing, import, and distribution, is excluded if the damage occurs within the entrepreneurial chain.
9.3 Regress claims of the customer or subsequent purchasers who have provided compensation based on product liability are hereby contractually excluded, unless the person entitled to regress proves that the defect was caused in KAPO’s sphere and was at least due to krass gross negligence. The customer undertakes to pass this exclusion of liability on to their purchasers as well.
9.4 The contract concluded between the parties contains no protective duties in favor of third parties. This also applies if it is foreseeable that a third party is the recipient of the delivery or that third parties will come into contact with the delivery.
9.5 All claims for damages, including claims for consequential damages, are – to the extent permitted by law – limited to the damage that KAPO foresaw or could have foreseen as a possible consequence, but at most to the simple delivery value.
9.6 Claims for compensation for lost profit as well as claims for compensation for expenditure for business interruption, recall actions, production loss, or indirect damages due to the delivery of non-conforming goods are excluded. Furthermore, KAPO’s liability for damages related to the use of goods by the customer or a natural/legal person attributable to the customer contrary to their intended purpose is excluded.
10. Retention of Title
10.1 All deliveries and services remain the property of KAPO until full payment of all obligations arising from the purchase contract. Furthermore, KAPO reserves ownership of its deliveries (even if these specific deliveries have been paid for) until all claims from the business relationship have been settled; KAPO’s claims also include all ancillary claims, such as interest, costs, and claims for reimbursement of expenses. If the claims from the delivery are placed in a current account, the reserved ownership secures the respective highest outstanding balance.
10.2 As long as the retention of title exists, any sale, pledging, transfer by way of security, leasing, or other transfer of the purchase object without the written consent of the seller is impermissible. The customer agrees that all payments they make will be credited first to repair costs, then to spare parts claims, then to interest and other ancillary charges, and only finally to the goods under retention of title.
10.3 The retention of title may be noted in the type certificate, on the vehicle, or on other objects. KAPO is entitled to retain the type certificate until all of the customer’s obligations arising from the purchase contract are fully covered.
10.4 Should third parties seize the purchase object delivered under retention of title, the customer must immediately notify KAPO thereof by registered letter.
10.5 If the customer hands over bills of exchange or checks, the security through reserved ownership only expires when KAPO has unrestricted access to the bank credits from the redemption or discounting.
10.6 KAPO’s reserved right of ownership also extends to the newly created goods in the event of processing, blending, or mixing with other goods; in this case, the processing, blending, or mixing is performed free of charge exclusively for KAPO. Should the retention of title nevertheless expire through any circumstances, KAPO and the customer already agree now that ownership of the deliveries shall pass to KAPO upon processing, blending, or mixing, and KAPO accepts the transfer. In this case, the customer remains a free-of-charge custodian. In the case of processing with objects still in third-party ownership, KAPO acquires co-ownership of the new items. The extent of this co-ownership results from the ratio of the invoice value of the goods delivered by KAPO to the invoice value of the other goods.
10.7 If the goods under retention of title (potentially after their processing, mixing, or blending) are resold by the customer, their purchase price claim takes the place of the reserved ownership. This claim from the resale is assigned to KAPO at the time of its creation. KAPO acquires ownership of incoming funds in the form of a constructive delivery by the customer. The fact of this assignment must be noted by the customer in their books and on the outgoing invoices, and the recipient of the goods must be informed. KAPO has the right to inform itself of the fulfillment of this obligation by inspecting the customer accounts and the list of open items.
10.8 The customer must sufficiently insure the goods under retention of title against fire, theft, and damage by third parties. They must assign their claim from the insurance contract to KAPO and notify the insurer thereof.
10.9 The creation of contractual security rights on the goods in reserved ownership is prohibited for the customer. If the goods in reserved ownership are affected by enforcement measures, the customer must point out the third-party ownership to the enforcement officer and inform KAPO thereof within 24 hours at the latest. If bankruptcy proceedings are opened over the customer’s assets, the sale of goods under reserved ownership is prohibited to the bankruptcy estate from the time the bankruptcy is opened.
10.10 If the customer defaults on payment of the price or balance secured by the retention of title, KAPO is entitled at any time to take possession of the reserved goods, even if the contract has not yet been dissolved (right of repossession).
10.11 The buyer has the duty to keep the purchase object in proper condition for the duration of the retention of title and to have necessary repairs carried out immediately in KAPO’s repair shop, except in emergencies.
11. Special Provisions for Consumers as Customers
11.1 For the consumer as a customer, the provisions of the Consumer Protection Act apply, provided they are mandatory. If the provisions of the Consumer Protection Act are (partially or entirely) non-mandatory, a corresponding GTC or individual agreement shall take precedence over the law.
11.2 If the consumer is in default, they are obliged to pay default interest at a rate of 9%. Default interest is balanced monthly and continues to accrue interest at a compound interest rate of 9%.
11.3 Regarding the transfer of risk for consumers as customers, Section 7b KSchG applies. However, the consumer only acquires ownership rights upon full payment (see also Point 10).
11.4 For consumers as customers, the legally mandatory warranty provisions apply. In the case of consumers as customers, the warranty period for the sale of used movable items can be reduced to one year, provided this is negotiated individually. For motor vehicles, such a reduction is only effective if more than one year has passed since the day of first registration.
11.5 Any liability for damages by KAPO toward the consumer as a customer is excluded in the event of slight negligence. Excepted from this is the non-waivable legal liability for defective products, provided that a person is injured, killed, or suffers health damage as a result. The burden of proof is determined in each case by the legal provisions.
11.6 For customers as consumers, the provisions of the Code of Civil Procedure regarding the place of jurisdiction shall apply.
12. Place of Jurisdiction and Applicable Law
12.1 All disputes and disagreements with entrepreneurial customers arising out of or in connection with a legal transaction based on these GTC, including disputes regarding its conclusion or validity, shall be subject exclusively to the jurisdiction of the technically competent ordinary court at the company’s registered office, which is currently the BG Perg and the LG Linz. Notwithstanding this, KAPO is entitled, at its option, to sue the entrepreneurial customer before the ordinary court having subject-matter jurisdiction over the customer’s registered office or branch.
12.2 The contract concluded on the basis of these GTC is subject to substantive Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
13. Confidentiality
13.1 The parties undertake to treat all non-obvious commercial and technical details that become known to them through the business relationship as business secrets.
13.2 The customer shall treat the conclusion of the contract as confidential and may only refer to business connections in promotional materials after written consent has been granted by KAPO.
13.3 Intellectual property and all other rights to works or other work results created by KAPO, its employees, and/or third parties called upon, as well as know-how and documents brought into projects—such as programs, concepts, analyses, plans, expert reports, offers, service descriptions, cost estimates, calculations, data carriers, documentation, etc. (collectively referred to as results)—remain exclusively with KAPO. Due to any potential cooperation, the customer is not entitled to any rights in the results. They can be reclaimed by KAPO at any time. In the event that the business transaction is not concluded, all results must be returned immediately and without request in any case.
14. Miscellaneous
14.1 Oral collateral agreements are ineffective and require an express written agreement to be valid. The same applies to any deviation from the written form requirement.
14.2 Should individual provisions of these GTC be ineffective or unlawful, the remaining provisions shall remain effective. In such a case, the contracting parties undertake to immediately agree on a regulation in place of the ineffective provisions that comes closest to the economic purpose of the ineffective provisions and the economic objectives of the contracting parties.
14.3 The entrepreneurial customer waives the right to contest the contract or the GTC underlying this contract on the grounds of error or for any other reasons.
14.4 The assignment of claims by the entrepreneurial customer requires the express and written consent of KAPO to be effective. KAPO, for its part, is entitled to assign its claims to third parties for financing purposes.
14.5 Insofar as the contract concluded on the basis of these GTC or the GTC themselves provide for written notifications to the respective other party, these shall be deemed to have been effected if they were sent to the last stated address.
14.6 Acts or omissions of the manufacturer, the sub-supplier, or the carrier are not attributable to KAPO with regard to the fulfillment of its contractual obligations.
14.7 KAPO is entitled to suspend or inhibit the fulfillment of its own obligations at any time if, after the conclusion of a contract, it becomes apparent that the customer will not fulfill a substantial part of their obligations (a) due to a serious deficiency in their ability to fulfill the contract or due to a serious deficiency in their creditworthiness, or (b) due to their conduct during the preparation for fulfillment or during the fulfillment of the contract or previous contracts. This condition is met in any case if the customer is in default of payment.
14.8 The customer grants their express consent that personal data concerning the customer may be processed, disclosed, or transmitted (within the meaning of the Data Protection Act) to the extent that this is necessary and expedient for the fulfillment of the contract or is provided for by law. Under these circumstances, the customer expressly declares their consent to their data being stored and processed by KAPO using automated systems.
14.9 The customer grants their express consent that an inquiry may be made to the trade credit records of the Kreditschutzverband von 1870. Furthermore, the customer grants express consent that, in the event of their default in payment, their name, date of birth and gender (if applicable), address, and profession, as well as the outstanding balance and dunning data, may be transmitted to the trade credit records and made accessible to other trade credit providers.