General Terms and Conditions (B2B)

[As of November 2025]

[alternatively: General Terms and Conditions (B2C)]

 

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

 

LITEWERKS GmbH,

18 Robert Bosch Street,

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 apply exclusively. Any 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 GTC in the context of the order and we have not expressly objected to the GTC.

1.3 These GTC 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 regarding the contract (e.g., notifications of defects, setting of deadlines, withdrawal, or reduction) must be made in writing, i.e., in written or text form (e.g., letter, email, fax). Further legal formal requirements and additional evidence (e.g., in case of doubt about the legitimacy of the person making the declaration) remain unaffected.

 

 

  • 2 Offer and conclusion of contract

2.1 Offers made by the seller are subject to change and non-binding unless expressly marked as binding.

2.2 Orders placed by the buyer are considered a binding contractual offer. The seller is entitled to accept this offer within 14 days of receipt.

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

2.4 Technical data, illustrations, weight and measurement specifications in catalogs, brochures, and on the website are approximate and only binding if this has been expressly agreed in writing.

 

  • 3 Prices and payment terms

3.1 All prices are quoted in euros 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 wage, material, or energy costs increase.

3.3 Unless otherwise agreed, invoices are payable without deduction within 30 days of the invoice date. Discounts are only permitted if specifically agreed in writing.

3.4 For custom-made products, the full purchase price must be paid in advance. Production will only begin once full payment has been received in the seller's account.

3.5 The buyer shall be in default if they fail to 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 at a rate of 9 percentage points above the respective base interest rate.

3.6 The buyer is only entitled to offset if their counterclaims have been legally established, are undisputed, or have been recognized by the seller. In the event that defects occur in the delivery, the buyer's counterrights, in particular in accordance with 7.2 sentence 2 of these General Terms and Conditions of Sale, remain unaffected.

3.7 If there are justified doubts about the buyer's solvency, the seller is entitled to demand advance payment or security and to withhold outstanding deliveries.

 

  • 4 Delivery and delivery time

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

4.2 The delivery period shall commence on the date of order confirmation, but not before all execution details have been fully clarified and not before receipt of an agreed down payment.

4.3 The seller is entitled to make partial deliveries, provided this is reasonable for the buyer.

4.4 Force majeure, industrial action, raw material shortages, transport delays, official measures, and other circumstances beyond the seller's control 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 shipping

5.1 Delivery shall be made DAP (Delivered at Place) according to Incoterms® 2020 to the delivery address specified by the buyer.

5.2 The seller shall organize and arrange for shipment to the agreed destination. The goods shall be made available ready for transport for unloading at the destination.

5.3 All shipping costs, including freight costs and transport insurance to the destination, shall be borne by the buyer and invoiced to them by the seller.

5.4 All costs and risks associated with import clearance, in particular customs duties, import duties, import sales tax, and other taxes and duties associated with importation, shall be borne by the buyer. The buyer is 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 upon delivery of the goods to the agreed destination.

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

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

 

  • 6 Retention of title

6.1 The delivered goods remain the property of the seller until all claims arising from the business relationship with the buyer have been paid in full.

6.2 The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. The buyer hereby assigns all claims in the amount of the invoice amount accruing to him from the resale.

6.3 If the buyer acts in breach of contract, in particular in the event of default in payment, the seller is entitled to take back the goods after setting a deadline without success. Taking back the goods constitutes a withdrawal from the contract.

6.4 The buyer is obligated to treat the goods subject to retention of title with care and to insure them adequately against theft, fire, and water damage at their own expense.

 

  • 7 Warranty

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

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

7.3 Claims for defects presuppose that the buyer has duly fulfilled its obligations to inspect 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 complaint, the seller shall have the right, at its discretion, to repair or replace the goods within a reasonable period of time. If the type of subsequent performance chosen by the seller is unreasonable for the buyer in individual cases, the buyer may refuse it. However, we reserve the right to refuse subsequent performance under the statutory conditions. If the subsequent performance fails, the buyer may demand a reduction in price or withdraw from the contract in accordance with the statutory provisions.

7.5 The buyer must grant the seller the necessary time and opportunity to perform subsequent performance. In particular, the buyer must hand over the item for which he has claimed a defect for inspection purposes. In the event that the seller delivers a replacement item that is free of defects, the buyer shall return the defective item in accordance with the statutory provisions. However, the buyer shall not be entitled to a claim for return.

7.6 Unless the seller has agreed to this in writing, subsequent performance shall not include the removal, dismantling, or uninstallation of the defective item, nor the installation, fitting, or mounting of a non-defective item. This shall not affect the buyer's claims for reimbursement of „installation and removal costs.“.

7.7 Claims by the buyer for reimbursement of expenses pursuant to Section 445a (1) of the German Civil Code (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 does not cover:

  • natural wear and tear
  • improper handling, storage, or installation
  • excessive strain
  • unsuitable operating resources
  • improper installation or unsuitable installation situation
  • Influence by the buyer or third parties without the seller's consent

7.9 The return and shipment of goods, and in particular batteries, shall be carried out in accordance with 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 to the exclusion of any liability for material defects. The buyer purchases the used goods in the condition in which they are at the time of transfer of risk („sold as seen“). This does not apply to damage resulting from injury to life, limb, or health, or to other damage based on an intentional or grossly negligent breach of duty by the seller or its vicarious agents. Used goods are clearly marked as such by the seller.

 

  • 8 Limitation of Liability

8.1 The seller shall be liable without limitation in cases of intent and gross negligence, in cases 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 essential contractual obligations, the seller's liability shall be limited to the amount of foreseeable damage typical for this type of contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract in the first place.

8.3 Otherwise, the seller shall not be liable.

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 the Buyer's personal data 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 countries.

 

  • 11 Severability clause

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. 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, excluding 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 is 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,

18 Robert Bosch Street,

D-78467 Constance

Register court: AG Freiburg, RB 717501

Sales tax identification number: DE 315304270