General Terms and Conditions (GTC)
1. Scope of Application
(1) These General Terms and Conditions (GTC) shall apply to all deliveries, services, and offers made by Otrix Production, owned by Ezmary Mohmand, Hauptstraße 134, 63579 Freigericht, Germany (hereinafter referred to as the “Seller”).
(2) These GTC apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law.
(3) Any conflicting or deviating terms and conditions of the Customer shall not be recognized unless the Seller has expressly agreed to their validity in writing.
2. Conclusion of Contract
(1) All offers made by the Seller are non-binding and subject to change without notice.
(2) The Customer’s order constitutes a binding offer. A contract shall only be concluded upon the Seller’s written order confirmation or upon delivery of the goods.
3. Prices and Payment Terms
(1) The prices agreed upon at the time of the conclusion of the contract shall apply.
(2) All prices are quoted net and are subject to the applicable statutory value-added tax (VAT).
(3) Unless otherwise agreed, invoices are payable within 14 days from the invoice date without deduction.
(4) In the event of late payment, the Seller shall be entitled to charge statutory default interest.
4. Delivery and Shipping
(1) Delivery dates and delivery periods shall only be binding if expressly confirmed in writing by the Seller.
(2) Partial deliveries are permissible provided they are reasonable for the Customer.
(3) Delivery delays caused by force majeure or other unforeseen circumstances beyond the Seller’s control shall entitle the Seller to postpone delivery for the duration of the disruption.
5. Retention of Title
(1) The delivered goods shall remain the property of the Seller until all outstanding claims arising from the business relationship have been settled in full.
(2) The Customer shall treat the goods subject to retention of title with due care.
6. Warranty
(1) The Customer shall inspect the delivered goods immediately upon receipt for any defects.
(2) Obvious defects must be reported to the Seller in writing within seven (7) business days after receipt of the goods.
(3) In the event of justified complaints, the Seller shall, at its discretion, either repair the defect or provide a replacement delivery.
7. Liability
(1) The Seller shall be fully liable for damages caused by intent or gross negligence.
(2) In cases of slight negligence, the Seller shall only be liable for the breach of essential contractual obligations and only for foreseeable damages typical for the contract.
(3) The above limitations of liability shall not apply in cases of injury to life, body, or health.
8. Sample Orders
(1) Product samples are provided solely for the purpose of evaluating and testing our products.
(2) There is no legal entitlement to receive free product samples.
(3) The type and scope of sample deliveries shall be determined at the Seller’s sole discretion.
9. Thermo Roll Subscription and Regular Deliveries
(1) For agreed subscription services, deliveries shall be made according to the individually agreed delivery intervals.
(2) Delivery quantities and delivery intervals may be adjusted upon prior agreement between the parties.
(3) Unless otherwise agreed, either party may terminate the subscription by giving thirty (30) days’ notice effective at the end of a calendar month.
10. Call-Off Orders
(1) For call-off orders, the Customer undertakes to accept the agreed total quantity within the agreed call-off period.
(2) Quantities not called off within the agreed period may be invoiced by the Seller upon expiry of the call-off period.
11. Data Protection
Personal data shall be processed in accordance with our Privacy Policy in its current version.
12. Governing Law and Jurisdiction
(1) These Terms and Conditions shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) To the extent permitted by law, the place of jurisdiction for all disputes arising from the business relationship shall be the Seller’s registered place of business.
13. Final Provisions
Should any provision of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.