§ 1 Scope, form
(1) These General terms and conditions for the sale, manufacturing, delivery, and assembly of technical systems of WEGMANN automotive GmbH, Rudolf-Diesel-Straße 6 97209 Veitshöchheim (GTC) apply
- for all contracts and other legal relationships between us and the customer (“purchaser”), insofar as their purpose is the sale of movable objects (“goods”) to the purchaser, regardless of whether we manufacture the goods ourselves or purchase them from suppliers (Sections 433, 650 BGB - German Civil Code),
- for all contracts and other legal relationships between us and the purchaser, insofar as their purpose is the manufacturing, delivery, and assembly of technical systems, in particular automated dispensing systems (“system”). The GTC shall only apply if the purchaser is a company (Sec. 14 BGB), a legal entity under public law, or a public law special fund.
(2) If not otherwise agreed, the GTC apply in the version valid at the time the purchaser places their order, or in any case in the last version sent to the purchaser in text form as a framework agreement, including for future contracts of the same type, and we are not required to refer to them again in each individual case.
(3) Our GTCs apply exclusively. Any deviating, contradictory, or supplementary General Terms and Conditions of the purchaser shall be valid and considered part of the contract only if we have expressly agreed to their applicability in writing. This approval requirement shall apply in every case, including, for instance, if we are aware of the purchaser’s GTCs and perform services for the purchaser unconditionally.
(4) Individual agreements (such as framework delivery contracts, quality assurance agreements) and information in our order confirmation shall take precedence over the GTCs. In case of doubt, commerce clauses shall be interpreted according to the version of the Incoterms® published by the International Chamber of Commerce in Paris (ICC) valid at the time the contract was concluded.
(5) Legally significant declarations and notices by the purchaser related to the contract (such as deadlines, defect notifications, withdrawal, or reduction) shall be submitted in writing, e.g. In written or text form (such as by letter, e-mail, fax). Statutory formal requirements and other verifications shall remain unaffected, in particular if there are doubts regarding the legitimation of the declarant.
(6) References to the applicability of statutory regulations shall be provided only by way of clarification. Therefore, the statutory regulations apply even without such clarification, unless they are directly amended or expressly excluded in these GTCs.
§ 2 Conclusion of the contract
(1) Our offers are non-binding. This is the case even if we have provided the purchaser with catalogues, technical documentation (such as drawings, plans, calculations, references to DIN standards), other product descriptions or files - including in electronic form - to which we have reserved copyrights and rights of ownership. These documents may not be replicated or made accessible to any other persons, in particular not to competing companies. This is also the case for written documents marked as “confidential”. The purchaser shall require our express written confirmation before disclosing these to third parties.
(2) Unless it is expressly designated as binding, technical information should be considered only approximate. Dimensions and weights are subject to the deviations permitted according to technical regulations, or the DIN tolerances for dimensions, shape, and weight. All other documents, such as images, and drawings, should be considered only approximate unless they are expressly designated as binding. The same is true of plans, sketches, and other technical documents, measurement protocols, material certificates and photos, samples, catalogues, brochures, images, etc.
(3) The order of goods or contract to manufacture, deliver, and assemble a system from the purchaser shall be considered a binding contractual offer. Unless otherwise indicated in the offer, we are entitled to accept this contractual offer within ten days from when we receive it.
(4) Acceptance can be declared either in writing (for instance through an order confirmation), or by delivery of goods to the purchaser, in case of an order for goods.
§ 3 Service term and delay of service
(1) The term to deliver goods and to manufacture, deliver and assemble systems shall be individually agreed to or indicated by us when we accept the order or contract. If this is not the case, in case of goods sold, the goods shall be delivered within approx. two weeks from the conclusion of the contract (service term); in case of the manufacturing, delivery and assembly of a system, this work must be completed approx. 50 weeks from the time the contract was concluded (service term). In case of the manufacturing, delivery and assembly of systems, the service term shall start at the earliest once all technical questions regarding how the respective contract is to be carried out are clarified, once we have received all necessary planning documents, and once the purchaser has completed its duties of cooperation.
(2) If we cannot comply with binding service deadlines for reasons for which we are not responsible (non-availability of goods), then we will inform the purchaser of this promptly and inform the purchaser of the new projected delivery deadline at the same time. If services are not available within the new service term, we are entitled to withdraw from the agreement in whole or in part; we will promptly reimburse any return services provided by the purchaser. Non-availability of services in this sense includes, in particular, if we do not receive deliveries or services promptly from our own suppliers, if we have concluded a congruent hedging transaction, if neither we nor our suppliers are culpable, or if we are not obligated to purchase in an individual case.
(3) Whether or not we are in default of performance shall be determined in accordance with the law. In every case, however, a warning from the purchaser shall be required. If we fall into default of performance, the purchaser can demand a flat-rate reimbursement for damages suffered due to the default. The flat rate for damages shall be 0.5% of the net price (service value) for each complete week of default, or a maximum of 5% of the service value for the goods or system delivered late. We remain entitled to prove that the purchaser did not suffer any damages, or suffered far lower damages than the above flat rates.
(4) The purchaser’s rights according to Sec. 8 of these GTCs and our statutory rights, in particular if the service obligation is excluded (for instance because services and/or supplementary fulfilment are impossible or unreasonable) shall remain unaffected.
(5) Force majeure, labour disputes, unrest, official measures, and other unforeseeable, unavoidable and serious incidents shall release us from our service obligations for the duration of the disruption and to the extent of its effects. This is the case even if these incidents occur at a time when the purchaser is in default. We and the purchaser are obligated to promptly provide necessary information and adjust our obligations to the changing circumstances in good faith whenever reasonable.
§ 4 Delivery, transfer of risk, acceptance, delay of acceptance
(1) If the purpose of the contract is the sale of goods, then goods shall be sold from our warehouse, which is also the place of fulfilment for the delivery and any relevant supplementary performance. At the request and cost of the purchaser, goods shall be sent to another destination (sale by delivery). If not otherwise agreed, in case of the sale of goods, we are entitled to determine the type of shipping (in particular transportation company, shipping route, packaging) ourselves. In case of the sale of goods, regular costs of packaging shall be borne by the purchaser.
(2) The risk of accidental deterioration or loss of the goods shall be transferred at the latest upon handover to the purchaser in case of the sale of goods. However, in the case of sale by delivery for the sale of goods, the risk of accidental deterioration and loss of the goods and the risk of delay shall be transferred already upon delivery of goods to the freight forwarding company, the shipper, or the other person or establishment tasked with shipping. If acceptance is agreed in the case of a sale of goods, this shall be decisive for the transfer of risk. Otherwise, the statutory regulations on contract laws shall apply accordingly to any agreed acceptance. If the purchaser is in default of acceptance, this shall be considered equivalent with handover or acceptance.
(3) If the purpose of the contract is the manufacture, delivery, and assembly of systems, and if we have notified the purchaser that the manufacturing and assembly of the system is complete, then the purchaser is obligated to accept the service performed by us. The purchaser is not entitled to deny acceptance due to an insignificant defect. Acceptance shall be considered granted after two weeks from notification that manufacturing, delivery, and assembly of the system are complete, if the acceptance is delayed for reasons for which we are not culpable. If the purchaser reserves the right to assert a defect, then our liability for obvious defects shall expire upon acceptance. The risk of accidental deterioration or loss of the system shall be transferred to the purchaser upon their acceptance. If the purchaser is in default of acceptance, this shall be considered equivalent with handover or acceptance.
(4) If the purchaser falls into default of acceptance, does not carry out some collaborative action, or if our delivery is delayed for other reasons for which the purchaser is responsible, we are entitled to demand reimbursement of any resulting damages, including additional expenses (such as storage costs). We will charge flat-rate damages for this purpose of 0.5% of the net price per calendar week, beginning with the service term or, if there is no service term, with notification that the services are ready to perform. The right to prove that damages were higher and our statutory claims (in particular for reimbursement of additional expenses, appropriate damages, termination) shall remain unaffected; however, the flat rate shall be offset against further monetary claims. The purchaser remain entitled to prove that no damages were suffered, or that damages were significantly lower than the above flat rates.
§ 5 Prices and payment conditions
(1) If not otherwise agreed in the individual case, our current prices at the time the contract was concluded shall apply to the sale of goods ex works, plus statutory VAT. If the purpose of the contract is the manufacturing, delivery, and assembly of systems, then the prices stated in our respective offer shall apply. Deducting a discount shall require a separate agreement. We reserve the right to change our prices to a reasonable extent if and insofar costs drop or increase after the conclusion of the contract, in particular due to collective agreements, changes in material prices or fluctuating exchange rates that directly influence our own costs. We will verify this to the purchaser upon request.
(2) In the case of a sale by delivery for the sale of goods (Sec. 4 para. 1), the purchaser shall bear the transportation costs ex works, and the costs of any transportation insurance requested by the purchaser. If we do not invoice the actual transportation costs incurred in an individual case, a flat rate for transportation shall be considered and shall apply (excluding transportation insurance) of one hundred EUR. Any customs duties, fees, taxes, and other public charges shall be borne by the purchaser.
(3) In case of a sale of goods, the price shall be due and payable within 14 days from the invoice date and delivery or acceptance of the goods. However, we are entitled to complete the delivery in whole or in part only in return for advance payment at any time, including in the course of an ongoing business relationship. We will declare a reservation to this effect at the latest with the order confirmation. The purchaser shall fall into default at the latest at the end of the above payment term. The price shall be subject to interest at the applicable statutory default interest rate while the contract is in default. If the purchaser does not pay the amount owed after a service term indicated in the above paragraph set for it by us of one month, then we can withdraw from the contract through a simple written notification and demand damages of up to 25% of the value of the part of the delivery object in consideration resulting from the contract. If we are able to prove that the damages or damages due to default were higher, then we are entitled to assert these damages. However, the purchaser is entitled to prove to us that we incurred no damages or significantly lower damages as a consequence of the default of payment or withdrawal from the contract. We reserve the right to assert further damages due to default. Our entitlement to commercial interest on maturity (Sec. 353 HGB - German Commercial Code) against merchants shall remain unaffected.
(4) If the purpose of the contract is the manufacturing, delivery, and assembly of systems, then the price shall be due after acceptance of the discipline and receipt of our invoice. The purchaser is not entitled to withhold payment due to a counter-claim by the purchaser that is disputed by us.
(5) We will only accept checks and bills of exchange based on separate agreement and only in lieu of fulfilment. Discount charges and all costs incurred in conjunction with redeeming the check or bill of exchange shall be borne by the purchaser.
(6) We are entitled to demand sufficient securities for our receivables at any time. All of our receivables shall be due for payment immediately, regardless of the terms of any received checks or bills of exchange, if the purchaser falls into default with respect to a receivable or violates contractual agreements, insofar as this violation or the receivable in default is significant, or if there is a significant deterioration in the purchaser’s financial situation that would endanger our claim to payment.
(7) If it becomes clear after the conclusion of the contract (for instance due to a motion to open insolvency proceedings) that our claim to the price is endangered due to the purchaser’s inability to pay, then we are entitled to deny services and to withdraw from the contract - if necessary after providing a grace period - in accordance with the law (Sec. 321 BGB). We can immediately declare our withdrawal in case of contracts for the manufacturing of custom goods; statutory regulations on dispensing with the grace period shall remain unaffected.
§ 6 Retention of ownership and right of lien
(1) We reserve ownership of the sold goods and the systems manufactured, delivered, and installed by us until all of our current and future claims resulting from the contract and ongoing business relationship (secured claims) are paid in full.
(2) Goods subject to a retention of ownership may not be pledged to third parties nor transferred by way of security until all secured claims have been paid. The purchaser shall notify us promptly and in writing if a motion is made to open insolvency proceedings or in case of any third party seizure of goods belonging to us (for instance by way of pledging).
(3) If the purchaser behaves in a manner that violates the contract, in particular by failing to pay the price due, then we are entitled to withdraw from the contract in accordance with the law and/or to demand goods be returned based on our retention of ownership. The request for return of goods shall not be considered a withdrawal; instead, we are entitled to only demand return of the goods and reserve the right to withdraw. If the purchaser does not pay the price that is due, we may only assert these rights if we have previously set a reasonable payment term for the purchaser without success, or if such a term is not required in accordance with the law.
(4) The purchaser shall be entitled until revocation according to (c) below to sell and/or process goods subject to a retention of ownership in the normal course of business. In this case, the following provisions shall also apply.
(a) The retention of ownership shall extend to products created through processing, mixture, or combination of our goods at their full value, whereby we are considered the manufacturer. If third party rights of ownership continue to exist in case of processing, mixture, or combination with third party goods, then we will obtain co-ownership to the goods in relation to the invoice value of the processed, mixed, or combined goods. Otherwise, the same conditions shall apply for the product produced as for goods delivered under a retention of ownership.
(b) The purchaser hereby already assigns the claims against third parties resulting from the further sale of goods or products to us in total or in the amount of any co-ownership by us according to the above paragraph by way of security. We hereby accept the assignment. The obligations of the purchaser listed in para. 2 shall also apply with respect to the assigned claims.
(c) Both we and the purchaser remain entitled to collect the claims. We hereby undertake not to collect the claim as long as the purchaser fulfils its payment obligations towards us, as long as there is no deficiency in its ability to pay, and as long as we do not assert our retention of ownership by exercising a right according to para. 3. However, if this is the case, we can request that the purchaser notifies us of the assigned claims and their debtors, provides all information necessary to collect them, provides us with the associated documents, and informs the debtors (third parties) of the assignment. Furthermore, in this case we are entitled to revoke the purchaser’s entitlement to further sale and process goods subject to a retention of ownership.
(d) If the realisable value of the securities exceeds our claims by more than 10%, we will release securities at our discretion upon request to do so by the purchaser.
(5) If the purpose of the contract is the manufacturing, delivery, and assembly of systems, then we will be entitled to a right of lien to the system which is in the purchaser’s possession based on the contract as the result of a claim under this contract. The right of lien can also be asserted due to claims from services performed previously, insofar as these are associated with the respective purpose of the contract. The right of lien shall only apply to other claims resulting from the business relationship if these are undisputed or legally binding.
§ 7 Defect claims by the purchaser
(1) The statutory regulations shall apply to the purchaser’s rights in relation to material defects and defects of title (including incorrect and reduced deliveries and improper assembly or deficient assembly manuals), unless otherwise agreed in the following. If the purpose of the contract is the sale of goods, then the special statutory regulations on reimbursement of expenses upon final delivery of newly manufactured goods to a consumer shall remain unaffected in all cases (supplier recourse according to Sections 478, 445a, 445b and Sections 445c, 327 para. 5, 327u BGB), unless an equivalent compensation has been agreed, for instance under a quality assurance agreement.
(2) The primary basis for our defect liability shall be the agreement concluded on the characteristics of goods or the system, both for contracts for the sale of goods and contracts for the manufacturing, delivery, and assembly of systems. All product descriptions and manufacturer information that are the subject of the individual contract or that had been publicized by us (in particular in catalogues or on our homepage) at the time the contract was concluded, as well as the provisions of these GTCs, shall be considered an agreement on the characteristics of the goods or system.
(3) If the characteristics have not been agreed, then whether a defect exists or not shall be assessed based on statutory regulations (Sections 434 para. 3, 633 para. 2 clause 2 and 3 BGB). Public statements by the manufacturer or on the manufacturer's behalf, in particular in advertisements or on the label of the goods, shall take precedence in this respect over statements by other third parties.
(4) In case of a sale of goods, we shall be liable according to the following standards:
In general, we are not liable for defects that the purchaser is aware of at the time the contract is concluded, or is not aware of due to gross negligence (Sec. 442 BGB). Furthermore, for the purchaser to assert a claim for defects, it must have fulfilled its statutory duties of investigation and complaint (Sections 377, 381 HGB). For goods intended for installation or other further processing, the investigation must always be carried out directly before processing. If the purchaser does not properly complete the investigation and/or submit the notification of defects, then our liability for the defect of which we were not promptly or properly notified shall be excluded in accordance with the law. In case of goods intended for installation, attachment, or integration, this shall be the case even if the defect resulting from a violation of one of these obligations was obvious only after the relevant processing; in this case, in particular, the purchaser shall not be entitled to reimbursement of any relevant costs (“costs of removal and installation”).
If the goods are defective, we can initially choose whether we will provide supplementary performance by correcting the defect (rectification) or delivering goods that are free from defects (replacement delivery). Our right to deny supplementary performance in accordance with the law shall remain unaffected.
We are entitled to make the supplementary performance owed dependent on the purchaser paying the price due. However, the purchaser is entitled to withhold part of the price reasonable in relation to the defect.
The purchaser shall provide us with the time and opportunity necessary to complete the supplementary performance owed, and in particular shall provide goods about which complaints have been made for the purpose of inspection; the time required for supplementary performance shall be up to thirteen weeks after our receipt of the purchaser’s defect notification, although no maximum term is agreed. In case of a replacement delivery, the purchaser shall return the defective goods to us in accordance with the law; however, the purchaser shall have no entitlement to return the goods. Supplementary fulfilment shall include neither the disassembly, removal or dismantling of the goods, nor the installation, integration, or attachment of goods that are free from defects if we were not originally obligated to carry out these services; claims by the purchaser for reimbursement of relevant costs (“cost of removal and installation”) shall remain unaffected.
(5) If the purpose of the contract is the manufacturing and assembly of systems, we are liable according to the following:
If the delivered system is defective, we can initially choose whether to provide supplementary performance by correcting the defect (rectification) or manufacturing a system that is free from defects (replacement production). Our right to deny supplementary performance in accordance with the law shall remain unaffected.
The purchaser shall notify us of defects found promptly and in writing. If the defect is insignificant for the interests of the purchaser or is based on a circumstance for which the purchaser is liable, then no liability
shall exist on our part. This is also the case for any defects and damages incurred because the purchaser or third parties have made improper changes or complete improper repair work on systems manufactured and installed by us without our prior approval.
We are entitled to make the supplementary performance owed dependent on the purchaser paying the price due. However, the purchaser is entitled to withhold part of the price reasonable in relation to the defect.
The purchaser shall provide us with the time and opportunity necessary to complete the supplementary performance owed, and in particular shall make it possible for us to inspect the system about which the complaint has been made; the time required for supplementary performance shall be up to thirteen weeks after our receipt of the purchaser’s defect notification, although no maximum term is agreed.
(6) Expenses necessary for the purpose of inspection and supplementary performance, in particular transportation, travel, work, and material costs and any costs of removal and installation shall be borne or reimbursed by us, in accordance with statutory regulations and these General Terms and Conditions, if there is actually a defect. Otherwise, we can demand reimbursement from the purchaser of costs incurred due to the illegitimate request for rectification of defects (in particular inspection and transportation costs), unless the purchaser could not have been aware that we were not liable for the defect.
(7) In urgent cases, for instance if operational safety is endangered or to defend against unreasonable damages, the purchaser is entitled to correct the defect itself and demand reimbursement from us of the objectively necessary expenses to do so. We must be notified promptly of such work to be conducted by the purchaser, if possible in advance. The purchaser shall not be entitled to conduct work itself if we were entitled to deny supplementary performance in accordance with the law.
(8) If supplementary performance fails or if a term to be set by the purchaser for supplementary performance has expired without success, or is not necessary according to the law, then the purchaser can withdraw from the purchasing agreement or reduce the price. However, there shall be no right of withdrawal for insignificant defects.
(9)The purchaser’s claims for reimbursement of damages or wasted expenditures shall exist only in accordance with Sec. 8 even for defects, and shall otherwise be excluded.
(10) We will accept no guarantee for damages incurred for the following reasons: Improper or unsuitable use, incorrect assembly or commissioning by the purchaser or third parties, natural wear and tear, improper or negligent handling, in particular excessive loading, improper operating materials, replacement materials, chemical, electrochemical, or electrical influences, if these result neither from improper assembly by us or a deficiency in the instructions provided by us.
§ 8 Other liability
(1) Unless otherwise indicated in these GTCs, including the following provisions, we will be liable in accordance with the law for violations of contractual and extra-contractual obligations.
(2) We will be liable for damages in case of intentional action and gross negligence, regardless of the legal grounds, in the case of fault-based liability. Conditional on statutory limitations of liability (such as due diligence in our own matters; insignificant breaches of duty), we will be liable for simple negligence only
(a) for damages resulting from an injury to life, body or health,
(b) for damages resulting from a violation of a significant contractual obligation (obligation that must be fulfilled for the contract to be carried out properly and which the contractual partner trusts and should regularly be able to trust will be fulfilled); however, in this case our liability shall be limited to reimbursement of the foreseeable and typical damages.
(3) The limitations of liability pursuant to para. 2 shall apply even in case of a breach of duty by or in favour of personnel for whose culpability we are responsible in accordance with the law. They shall not apply if we intentionally conceal a defect or have provided a guarantee for the characteristics of the goods or system and for claims by the purchaser under the Product Liability Act.
(4) The purchaser can only withdraw from or terminate the agreement due to a breach of duty that does not consist of a defect if we are responsible for the breach of duty. Any free right of termination on the part of the purchaser (in particular according to Sections 650, 648 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.
§ 9 Limitation period
(1) In deviation from Sec. 438 para. 1 no. 3, the general limitation period for claims resulting from material defects and defects of title for the sale of goods shall be one year from the time of delivery. If acceptance is agreed for a sale of goods, the limitation period shall begin upon acceptance. Further special statutory regulations on limitation shall remain unaffected (in particular Sec. 438 para. 1 no. 1, 76 para. 3, Sections 444, 445b BGB).
(2) The above limitation periods shall also apply for contractual and extra-contractual claims for damages by the purchaser that are based on a defect in the goods, unless applying the regular statutory limitation period (Sections 195, 199 BGB) would result in a shorter limitation period in the individual case. Claims for damages by the purchaser according to Sec. 8 para. 2 and under the Product Liability Act, however, shall expire only in accordance with the statutory limitation periods.
§ 10 Right of inspection
Unless there are verifiable confidentiality or other significant interests of the purchaser to the contrary, we may inspect systems manufactured and installed by us following prior notification in the purchaser’s facilities, review the operating results, and show the system to our potential customers.
§ 11 Data protection
If the purchaser provides us with data in conjunction with the conclusion of an agreement and other legal relationship in relation to the ordering and/or delivery of goods and/or the manufacturing and assembly of a system, and if we process, use, or subsequently collect this data, then we will comply with the applicable statutory regulations on data protection.
Data shall be processed, used, or subsequently collected in accordance with the following principles:
(1) We will collect the following information of the purchaser in all contractual relationships, including offers, acceptances of offers and order confirmations:
- Title, first name, last name, company name
- A valid e-mail address,
- Phone number (landline and/or cell phone)
- Information necessary to carry out the order
This data shall be collected
- in order to be able to identify the purchaser;
- in order for us to perform our respective contractual services for the purchaser;
- for correspondence with the purchaser;
- for the purpose of invoicing;
- to carry out any liability claims or assert any other claims against the purchaser;
Data shall be processed at the request of the purchaser, and shall be required in accordance with Art. 6 para. 1 clause 1 lit. b GDPR for the purposes indicated for appropriately carrying out the order and for both parties to fulfil their obligations under the contractual relationship.
Personal data collected by us for the purpose of carrying out the contract shall be stored until the end of the statutory retention period and then deleted, unless we are obligated to store it for longer under Article 6 para. 1 clause 1 lit. c GDPR due to tax and commercial law archiving and documentation purposes (under the HGB, StGB (German Penal Code) or AO (Tax Code)), or if the purchaser has consented to further storage according to Art. 6 para. 1 clause 1 lit. a GDPR.
(2) Personal data of the purchaser shall not be transmitted to third parties for any reasons besides those listed in the following. If necessary in accordance with Art. 6 para. 1 clause 1 lit. b GDPR to carry out contractual relationships with the purchaser, the purchaser’s personal data shall be disclosed to third parties. This includes, in particular, disclosure to employees working for us from other cooperating companies for the purpose of correspondence and to carry out the order. The disclosed data may be used by the third parties only for the purposes indicated.
(3) The purchaser has the right:
- to revoke consent granted to us at any time according to Art. 7 para. 3 GDPR. If the purchaser does so, we will not be permitted to continue data processing based on this consent in the future.
- to request information about the personal data of the purchaser processed by us according to Art. 15 GDPR. In particular, the purchaser can request information on the purposes of processing, the categories of personal data, the categories of recipients to whom the purchaser’s data was disclosed or will be disclosed, the planned archiving term, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right to submit complaints, the origins of the purchaser’s data if we did not collect it, and the existence of automated decision-making processes, including profiling, and any significant information on the details of such processes;
- in accordance with Art. 16 GDPR, the right to request the prompt rectification of incorrect data or completion of personal data of the purchaser which we have stored;
- in accordance with Art. 17 GDPR, the right to request deletion of personal data of the purchaser stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons related to the public interest or in order to assert, exercise, or defend against legal claims;
- in accordance with Art. 18 GDPR, the right to request the restriction of processing for the purchaser’s personal data, insofar as the purchaser disputes the correctness of the data, the processing is illegal, however, the purchaser rejects deletion of the data, and we no longer require the data, but the purchaser does require it to assert, exercise, or defend against legal claims, or the purchaser has lodged an objection against processing according to Art. 21 GDPR;
- in accordance with Art. 20 GDPR, the right to receive the personal data the purchaser has provided to us in a structured, commonly-used and machine-readable format, or to request transmission to another controller, and
- in accordance with Art. 77 GDPR, the right to submit complaints to a supervisory authority. Generally, to exercise these rights the purchaser can contact the supervisory authority responsible for its place of residence or workplace, or contact our company headquarters.
(4) If the purchaser’s personal data is processed based on legitimate interests in accordance with Art. 6 para. 1 clause 1 lit. f GDPR, the purchaser is entitled to lodge objections against the processing of its personal data according to Art. 21 GDPR, if there are reasons to do so resulting from its particular situation.
If the purchaser would like to make use of its right to object, an e-mail to: firstname.lastname@example.org is sufficient to do so.
(5) This Data Privacy Notice applies to data processing by:
WEGMANN automotive GmbH
Phone: +49 (0) 931-3 2104-0
Fax: +49 (0) 931-3 2104 -999
§ 12 Choice of law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to these GTCs and the contractual relationship between us and the purchaser, excluding uniform international law, in particular the UN Convention on the Sale of Goods.
(2) If the purchaser is a merchant in the sense of the Commercial Code, legal entity under public law, or public law special fund, then the exclusive place of jurisdiction - including internationally - for all disputes arising directly or indirectly from the contractual relationship shall be our company headquarters in Veitshöchheim. The same shall apply if the purchaser is a business in the sense of Sec. 14 BGB. However, in all cases we are also entitled to file suit at the place of fulfilment for the delivery obligation according to these GTCs or an individual agreement that takes precedence, or at the purchaser's general place of jurisdiction. Any statutory regulations that take priority, in particular on exclusive responsibilities, shall remain unaffected.
§ 13 Partial invalidity of our provisions
If individual provisions or clauses are invalid, this shall not affect the validity of the other provisions of these General Terms of Sale. If the contract or these General Terms of Sale contain any loopholes, the legally valid regulations that the contractual partners would have concluded based on the economic objectives of the contract and the purpose of these General Terms of Sale, had the purchaser been aware of the contractual loophole, shall be considered agreed to complete these loopholes.
Last updated: July, 2022
WEGMANN automotive GmbH,
Rudolf-Diesel-Str. 6, 97209 Veitshöchheim