TERMS AND CONDITIONS

General Terms and Conditions

[As of November 2025]

 

  • 1 Scope of application and contractual partners
    • These General Terms and Conditions of Sale apply to all deliveries and services between the

 

LITEWERKS GmbH,

Robert-Bosch-Str. 18,

D-78467 Constance

hereinafter referred to as „Seller“, and commercial customers (entrepreneurs, legal entities under public law or special funds under public law), hereinafter referred to as „Buyer“.

1.2 These GTC shall apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Buyer shall only become part of the contract if and to the extent that the Seller has expressly agreed to their validity in writing. This requirement of consent shall also apply if the Buyer refers to its General Terms and Conditions in the context of the order and we have not expressly objected to the General Terms and Conditions.

1.3 These GTC shall also apply to all future business relationships without the need for a new express agreement.

1.4 Legally relevant declarations and notifications by the Buyer with regard to the contract (e.g. notifications of defects, deadlines, cancellation or reduction) must be made in writing, i.e. in written and text form (e.g. letter, email, fax). Further statutory formal requirements as well as further evidence (if necessary in case of doubt about the legitimisation of the declaring party) remain unaffected.

 

 

  • 2 Offer and conclusion of contract

2.1 The Seller's offers are subject to change and non-binding, unless expressly labelled as binding.

2.2 Orders placed by the Buyer shall be deemed a binding contractual offer. The seller is entitled to accept this offer within 14 days of receipt.

2.3 The contract is concluded by written order confirmation or by delivery of the goods.

2.4 Technical data, illustrations, weights and dimensions in catalogues, brochures and on the website are approximate and are only binding if this has been expressly agreed in writing.

 

  • 3 Prices and terms of payment

3.1 All prices are quoted in Euro ex works/warehouse of the Seller plus the applicable statutory value added tax, packaging, freight, postage and insurance.

3.2 Prices are subject to change if there are more than four months between the conclusion of the contract and the agreed delivery date and if labour, material or energy costs increase.

3.3 Unless otherwise agreed, invoices are payable in full within 30 days of the invoice date. The deduction of a discount shall only be permitted if specifically agreed in writing.

3.4 In the case of customised products, the full purchase price must be paid in advance. Production shall not commence until full payment has been received in the seller's account.

3.5 The buyer shall be in default if he does not pay within 30 days of the due date and receipt of an invoice. During the period of default, interest shall be charged on the purchase price claim at 9 percentage points above the respective base interest rate.

3.6 The Buyer shall only be entitled to set-off if its counterclaims have been legally established, are undisputed or have been recognised by the Seller. In the event that defects occur within the scope of the delivery, the Buyer's counterclaims, in particular in accordance with 7.2 sentence 2 of these General Terms and Conditions of Sale, shall remain unaffected.

3.7 In the event of justified doubts as to the Buyer's ability to pay, the Seller shall be entitled to demand advance payment or the provision of security and to withhold outstanding deliveries.

 

  • 4 Delivery and delivery time

4.1 Delivery dates or delivery periods, which can be agreed as binding or non-binding, must be in writing.

4.2 The delivery period shall commence on the date of the order confirmation, but not before complete clarification of all execution details and not before receipt of an agreed advance payment.

4.3 The Seller is entitled to make partial deliveries if this is reasonable for the Buyer.

4.4 Force majeure, labour disputes, shortages of raw materials, transport delays, official measures and other circumstances for which the Seller is not responsible shall entitle the Seller to postpone delivery for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract entirely.

4.5 The Seller shall only be liable for delays in delivery within the scope of the statutory provisions. Liability for indirect damage and consequential damage is excluded.

 

  • 5 Transfer of risk and dispatch

5.1 The delivery takes place DAP (Delivered at Place) according to Incoterms® 2020 to the delivery address to be specified by the buyer.

5.2 The Seller shall organise and commission the shipment to the agreed destination. The goods shall be made ready for transport and unloading at the place of destination.

5.3 All shipping costs including freight costs and transport insurance to the place of destination shall be borne by the Buyer and shall be invoiced to the Buyer by the Seller.

5.4 All costs and risks of import clearance, in particular customs duties, import duties, import sales tax and other taxes and duties associated with the import, shall be borne by the Buyer. The Buyer shall be responsible for proper customs clearance in the country of destination.

5.5 The risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer when the goods are made available at the agreed destination.

5.6 Delays due to customs clearance or official measures in the country of destination shall be borne by the buyer.

5.7 At the buyer's request, the consignment will be insured against theft, breakage, transport, fire and water damage or other insurable risks. The costs shall be borne by the buyer.

 

  • 6 Retention of title

6.1 The delivered goods shall remain the property of the Seller until full payment of all claims arising from the business relationship with the Buyer.

6.2 The purchaser is authorised to resell the reserved goods in the ordinary course of business. The buyer hereby assigns all claims in the amount of the invoice amount that accrue to him from the resale.

6.3 In the event of behaviour by the Buyer in breach of contract, in particular in the event of default in payment, the Seller shall be entitled to take back the goods after unsuccessfully setting a deadline. Taking back the goods constitutes a cancellation of the contract.

6.4 The buyer is obliged to treat the reserved goods with care and to insure them adequately at his own expense against theft, fire and water damage.

 

  • 7 Warranty

7.1 The Seller warrants that the delivered goods are free of material defects and defects of title at the time of the transfer of risk.

7.2 The warranty period is 12 months from delivery of the goods. The statutory limitation period shall apply to claims for damages.

7.3 Claims for defects presuppose that the buyer has properly fulfilled his obligations to inspect the goods and give notice of defects in accordance with § 377 HGB (German Commercial Code). Obvious defects must be reported in writing within 5 working days of receipt of the goods.

7.4 In the event of a justified notice of defects, the Seller shall have the right to choose between repair or replacement within a reasonable period of time. In the event that the type of subsequent fulfilment chosen by the Seller is unreasonable for the Buyer in the individual case, the Buyer may refuse it. However, we reserve the right to refuse subsequent fulfilment under the statutory conditions. If the subsequent fulfilment fails, the buyer may demand a reduction in price or withdraw from the contract in accordance with statutory provisions.

7.5 The Buyer shall grant the Seller the necessary time and opportunity for the subsequent fulfilment to be provided. In particular, the Buyer must hand over the item for which he has asserted a defect for inspection purposes. In the event that the seller carries out a subsequent delivery of a defect-free item, the buyer must return the defective item in accordance with the statutory provisions. However, the buyer is not entitled to a right of return.

7.6 Unless the Seller has undertaken to do so in writing, subsequent fulfilment shall not include the dismantling, removal or disassembly of the defective item or the installation, attachment or assembly of a defect-free item. This shall not affect the Buyer's claims for reimbursement of the „installation and removal costs“.

7.7 Claims of the Buyer for reimbursement of expenses pursuant to Section 445a (1) BGB are excluded unless the last contract in the supply chain is a consumer goods purchase (Sections 478, 474 BGB) or a consumer contract for the provision of digital products (Section 445c sentence 2, 327 (5), 327u BGB).

7.8 The warranty is excluded for

  • Natural wear and tear
  • improper handling, storage or installation
  • Excessive strain
  • unsuitable equipment
  • inadequate installation or unsuitable installation situation
  • Intervention by the buyer or third parties without the seller's consent

7.9 The return and return of goods and in particular batteries is based on our return policy at https://liteblox.de/lite-blox-retoure/

7.10 Used goods: For used, refurbished or reconditioned goods, the warranty is excluded to the extent permitted by law. The sale is made under exclusion of any liability for material defects. The buyer acquires the used goods in the condition in which they are at the time of the transfer of risk („purchased as seen“). This does not apply to damage resulting from injury to life, limb or health or to other damage caused by an intentional or grossly negligent breach of duty by the seller or its vicarious agents. Used goods are clearly labelled as such by the seller.

 

  • 8 Limitation of liability

8.1 The Seller shall be liable without limitation in the event of intent and gross negligence, in the event of intentional or negligent injury to life, limb or health and in accordance with the provisions of the Product Liability Act.

8.2 In the event of a slightly negligent breach of material contractual obligations, the Seller's liability shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract.

8.3 Any further liability of the Seller is excluded.

8.4 The above limitations of liability shall also apply to the personal liability of the Seller's employees, representatives and vicarious agents.

 

  • 9 Data protection

9.1 The Seller processes personal data of the Buyer in accordance with the applicable data protection regulations, in particular the GDPR.

  • 10 Export control and sanctions

10.1 The Buyer undertakes to comply with all applicable export and import regulations.

10.2 The buyer assures that there is no business relationship with sanctioned persons, companies or states.

 

  • 11 Severability clause

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

 

  • 12 Applicable law and place of jurisdiction

12.1 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 The exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the registered office of the Seller, provided that the Buyer is a merchant, a legal entity under public law or a special fund under public law.

LITEWERKS GmbH,

Robert-Bosch-Str. 18,

D-78467 Constance

Register court: AG Freiburg, RB 717501

Sales tax identification number: DE 315304270