General Terms And Conditions

General Terms and Conditions and Customer Information

Version: 24 June 2026

I. General Terms and Conditions

§ 1 Scope and Definitions

(1) These General Terms and Conditions apply to all contracts concluded with us, Kemmerich Elektromotoren GmbH & Co. KG, through the website www.elektromotoren.de and through individual quotations. Any deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless we have expressly agreed to their application in text form.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside that person’s trade, business or profession. An entrepreneur is any natural person, legal entity or partnership with legal capacity acting in the exercise of its trade, business or independent professional activity when concluding the legal transaction.

§ 2 Subject Matter and Formation of the Contract

(1) Depending on the relevant offer, the subject matter of the contract may be the sale of goods and the provision of services, in particular manufacturing, repair, maintenance, testing or consulting services.

(2) The presentation of goods and services in the online shop does not constitute a legally binding offer, but an invitation to place an order, unless expressly stated otherwise.

(3) By submitting an order through the online shop, you make a binding offer to conclude a contract for the goods and/or services contained in the shopping cart. Before submitting the order, you may review and amend your entries or cancel the ordering process.

(4) The automatically sent confirmation of receipt merely documents the receipt of your order and does not constitute acceptance of your offer.

(5) The contract is concluded when we expressly accept your offer in text form, for example by sending an order confirmation, or dispatch the ordered goods or begin the agreed service. The event that occurs first is decisive. For inquiries outside the online shop, we will send you a binding offer in text form, which you may accept within the period stated therein.

(6) Where a payment service provider is involved in a payment method, the payment instruction may be initiated before the contract is concluded. Initiating or completing the payment process alone does not constitute acceptance of your contractual offer.

(7) Orders are generally processed and contract-related information is generally transmitted by e-mail. You must ensure that the e-mail address you provide is correct and that receipt of our e-mails, in particular through spam filters, is not impaired.

§ 3 Prices, Shipping Costs and Payment Terms

(1) For consumers, the prices shown in the offer are total prices including statutory VAT and all other price components. For entrepreneurs, unless expressly stated otherwise, prices are net prices plus statutory VAT.

(2) Shipping costs, costs of requested additional services and any delivery restrictions are shown separately in the online shop before the order is placed or in the relevant offer.

(3) For deliveries to countries outside the European Union, additional costs may arise, in particular customs duties, import charges, taxes or fees charged by payment service providers. You bear these costs unless we have expressly agreed to assume them.

(4) The payment methods stated in the order process or the relevant offer are available. Unless otherwise agreed, the invoice amount is due for payment upon conclusion of the contract.

§ 4 Delivery, Delivery Dates and Transfer of Risk

(1) Delivery conditions, delivery dates, delivery periods and any delivery restrictions are set out in the relevant offer or in the information displayed in the online shop.

(2) Partial deliveries are permitted where reasonable for you. Consumers will not incur additional shipping costs as a result unless expressly agreed otherwise.

(3) If you are a consumer, the risk of accidental loss or accidental deterioration of the goods passes only upon delivery of the goods to you or to a person designated by you. This does not apply where you independently appoint a carrier not named by us or another person designated to carry out the shipment.

(4) If you are an entrepreneur, delivery and shipment are at your risk. The risk passes when the goods are handed over to the carrier.

§ 5 Customised Goods, Documents and Approvals

(1) For customised goods or services, you provide all required information, texts, drawings, files and other documents in good time, completely and in the agreed format.

(2) You warrant that the content you provide does not infringe third-party rights and does not violate statutory provisions. You indemnify us against third-party claims asserted due to an infringement for which you are responsible, including the necessary costs of reasonable legal defence.

(3) We are only obliged to check documents provided by you for substantive accuracy, technical suitability or freedom from third-party rights where this has been expressly agreed.

(4) Where an approval drawing, proof or other template is agreed, you must review it promptly for correctness and completeness. Performance begins only after you have approved it in text form. For errors not reported after approval, we are liable only in accordance with § 9 of these Terms and Conditions.

§ 6 Repair, Maintenance and Testing Services; Explosion-Protected Equipment

(1) For repair, maintenance and testing services, the scope of services, test methods, spare parts, delivery time and remuneration are determined by the relevant quotation, order or order confirmation.

(2) You ensure that goods and equipment handed over to us can be processed safely. In particular, existing hazards, contamination, hazardous substances, special operating conditions and safety-relevant modifications must be disclosed fully before shipment or handover.

(3) Work on explosion-protected equipment or drives is performed only to the agreed extent and in accordance with the relevant technical documentation, markings and statutory requirements. Where special evidence, approvals or manufacturer documentation are required, you provide them in good time.

(4) Where required information, documents or safety conditions are missing, we may suspend processing until clarification or refuse acceptance or continuation of the service. Additional expenditure arising from circumstances for which the customer is responsible may be charged separately.

§ 7 Retention of Title

(1) Delivered goods remain our property until the purchase price has been paid in full.

(2) In relation to entrepreneurs, we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. The entrepreneur may resell goods subject to retention of title in the ordinary course of business. The entrepreneur hereby assigns to us all claims arising from such resale in the amount of the invoice value; we accept the assignment. The entrepreneur remains authorised to collect the claims as long as it duly meets its payment obligations.

(3) In the event that goods subject to retention of title are processed, combined or mixed with other items, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing, combination or mixing.

(4) Upon request, we will release securities where their realisable value exceeds the secured claims by more than 10%. We determine which securities are to be released.

§ 8 Rights in the Event of Defects

(1) Statutory defect rights apply to consumers.

(2) For used goods sold to consumers, the limitation period for defect claims may be reduced to one year from delivery, provided that you were expressly informed of the reduction before submitting your contractual declaration and the reduction was expressly and separately agreed. This does not affect claims for damage caused intentionally or by gross negligence, injury to life, body or health, fraudulent concealment of a defect or the assumption of a guarantee.

(3) In relation to entrepreneurs, only our own specifications and the manufacturer’s product description constitute the agreed quality of the goods; public statements, advertising or other promotional statements do not. In the event of defects, we may choose to remedy the defect or deliver a replacement.

(4) In relation to entrepreneurs, the limitation period for defect claims is one year from delivery of the goods. Excluded are claims for intentional or grossly negligent breach of duty, injury to life, body or health, fraudulent concealment of defects, assumed guarantees, statutory recourse claims and claims for goods that have been used for a building in accordance with their normal use and have caused its defectiveness.

(5) The commercial duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code remains unaffected.

§ 9 Liability

(1) We are liable without limitation in cases of intent and gross negligence, culpable injury to life, body or health, under the German Product Liability Act and to the extent of an expressly assumed guarantee.

(2) In the event of a slightly negligent breach of essential contractual obligations, our liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations whose fulfilment enables the proper performance of the contract in the first place and on whose fulfilment you may regularly rely.

(3) Otherwise, liability for slightly negligent breaches of duty is excluded.

§ 10 Export Control, Sanctions and Legal Obstacles to Delivery

(1) Performance of the contract is subject to there being no national or international legal provisions to the contrary, in particular export-control, customs or sanctions regulations.

(2) Upon request, you provide us with complete and accurate end-use, end-user and recipient information required for review. Where legal obstacles to delivery exist, we are not obliged to perform. Statutory rights remain unaffected.

§ 11 Governing Law, Place of Performance and Jurisdiction

(1) German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of protection afforded by mandatory provisions of the law of their country of habitual residence.

(2) For contracts with entrepreneurs, our registered office is the place of performance for all services, unless otherwise agreed.

(3) The exclusive place of jurisdiction for all disputes with merchants, legal entities under public law or special funds under public law is our registered office. The same applies where the customer has no general place of jurisdiction in Germany or the European Union or where its place of residence or habitual residence is unknown when legal action is filed. Statutory places of jurisdiction remain unaffected.

§ 12 Language Versions

These General Terms and Conditions are also made available in other languages. In the event of discrepancies between the German version and a translation, the German version prevails, except where mandatory consumer protection provisions provide otherwise.

II. Customer Information

1. Identity of the Seller

Kemmerich Elektromotoren GmbH & Co. KG
Hückeswagener Str. 120a
51647 Gummersbach
Germany
Phone: +49 (0) 2261 50198-0
E-mail: info@elektromotoren.de

2. Technical Steps for Concluding the Contract

The technical steps for concluding the contract are set out in § 2 of these General Terms and Conditions. You place the desired goods in the shopping cart, access the shopping cart, enter the data requested during the order process, check the order overview and submit the order using the appropriately labelled button.

3. Contract Language and Storage of the Contract Text

(1) The contract language is German.

(2) We store contract data within the statutory retention periods. Where a customer account is available, registered customers may view their order data there. Irrespective of this, you receive the order data and these General Terms and Conditions in text form after we receive your order.

4. Essential Characteristics of Goods and Services

The essential characteristics of goods and services are set out in the respective product description, quotation or order confirmation.

5. Prices, Payment Terms and Shipping Costs

Prices, payment terms, payment methods, shipping costs and any additional costs are set out in § 3 of these General Terms and Conditions, the information in the online shop and the relevant offer.

6. Delivery Conditions

Delivery conditions, delivery dates, delivery periods and delivery restrictions are set out in § 4 of these General Terms and Conditions, the information in the online shop and the relevant offer.

7. Statutory Liability for Defects

The provisions of § 8 of these General Terms and Conditions apply.

8. Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal in distance contracts. Details, requirements, exclusions and the model withdrawal form are set out in the separately provided withdrawal instructions.

9. Consumer Dispute Resolution

We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board.