Statements according to § 5 TMG
Mühlgasse 1 | OT Laucha
Tel.: 0049 (0) 36 22 / 40 11 20 – 0
Fax: 0049 (0) 36 22 / 40 11 20 – 90
Lauchaer Strasse 13 c/d | OT Mechterstädt
Tel. 0049 (0) 36 22 / 40 10 59 – 0
registerd in commercial register judgement Registergericht: Jena Registernumber: HRB 502487
Value Added Tax -ID:
Value Added-Tax-ID Number according to §27a Value Added Tax: DE 259463149
Tax Office Gotha/ Tax number.:
Liability for Contents
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.
Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.
Liability for Links
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.
The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.
Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.
spielart GmbH General Terms and Conditions
The following terms and conditions are deemed as agreed upon between spielart GmbH – hereinafter called Seller – and the ordering party –
hereinafter called buyer:
1. Scope of the General Terms and Conditions
The services and offers of the Seller are always based upon the present General Terms and Conditions. Thus these terms and
conditions also apply to any future business relationships also if not expressly agreed upon. These Terms and Conditions are
deemed as accepted on receipt of the goods or services at the latest. Deviations from these Terms and Conditions only become
valid if confirmed in writing by the Seller. Deviating, opposed or complementary General Terms and Conditions of the Buyer do
not become an integral part of the contract, even if the Seller is aware of such, unless their validity is expressly agreed.
2.1. Our offers and quotations, prepared according to the best of our knowledge, are non-binding. Accordingly, documentation
pertaining to the offer as e.g. images, drawings, weight and measurement indications are only binding, if expressly marked as
2.2. A guarantee of certain properties must be expressly declared.
2.3. Drawings, models, designs, projects, etc. prepared by us remain our property, unless otherwise agreed upon.
They must not be made available to third parties without consent of the Seller.
2.4. The design determined upon contract conclusion represents the technical status at that date.
3. Contract Conclusion
3.1. Offers included in brochures are – also in regard to the stated prices – subject to change and non-binding.
3.2. Orders must be confirmed by the Seller to become legally effective.
3.3. Changes and additions to the contracts must be confirmed in writing by the Seller to become valid. This also applies to the
guarantee of properties.
3.4. The Seller has the right to make changes which do not affect the functionality of the delivered goods. The content of the contracts
in other respects remains unaffected.
4. Delivery Times
4.1. Delivery and/or production times are agreed upon by the contracting parties. Their compliance by the Seller requires, that any
commercial and technical issues between the contracting parties have been clarified and that the Buyer has complied with all its
obligations, as e.g. provision of the required permits or certificates of the authorities. Should this not be the case, the delivery
and/or production times are extended accordingly. This does not apply if the Seller is responsible for the delay.
4.2. The compliance with the delivery and/or production deadlines is subject to the correct and timely delivery by our suppliers. The
Seller will inform about any delays as soon as they become apparent.
4.3. In case of force majeure and unforeseen impediments, outside the scope of influence of the Seller, the delivery and/or production
deadlines are extended accordingly, if such impediments materially impact the completion or delivery of the goods to be delivered.
The above is also valid, should such circumstance apply to our suppliers.
4.4. The Buyer may request the Seller in writing to deliver, should a non-binding delivery time be exceeded. On receipt of this request
the Seller is in default. The period of grace must be at least 6 weeks, starting on receipt of such declaration.
4.5. If a binding delivery date is exceeded, the Seller is in default already by missing this delivery deadline.
4.6. If the Seller is in default and if the Buyer suffers any damage due to this default, the Buyer is entitled to claim a lump-sum
compensation for default. This compensation amounts to 1% of the delivery value for each full week of delay, however, this
compensation will not exceed a maximum value of 5% of the delivery value.
4.7. If the Buyer in addition wants to withdraw from the contract, the Buyer must grant the Seller – considering the statutory exceptions
– an appropriate period for the delivery. Further claims based on a delay of delivery are solely based on Item 9 of the present
Terms and Conditions.
5. Delivery Terms
5.1. Transport costs arise on a time and material basis.
5.2. The type of shipment is determined by the Seller.
5.3. The goods are delivered without insurance cover, at Buyer’s risk.
5.4. By handing over the goods to the dispatch agent the risk is passed to the Buyer.
6. Payment Conditions
6.1. Our invoices become due within 10 days after invoice date.
6.2. The invoice will be issued on the day of delivery, and in case of a delivery delay caused by the Buyer on the date of our readiness
for dispatch of the goods.
6.3. If advanced payment has been agreed, the payment must be received in form of evidence of payment at the latest 2 days prior to
the notified date of loading and/or readiness for dispatch.
6.4. If the due date of payment is exceeded, the Buyer must pay interests in the amount of 8 percentage points above the valid base
interest rate without prior reminder and without prejudice to any further claims. We reserve the assertion of further claims for
damages caused by default.
6.5. We are entitled to bill partial deliveries of a placed total order separately. Such invoice becomes due as described above.
6.6. The Buyer is only entitled to set-off payments, if the counter claims of the Buyer have final and binding effect or have been
recognized by the Seller. The Buyer may assert a right of retention only, if its counter claim is based upon the same contractual
6.7. An agreed upon discount for early payment is always based on the net value of the goods. No discount is granted for assembly
services, transport costs and costs for safety-related acceptances.
7. Reservation of Ownership
7.1. The delivered devices remain property of the Seller until the invoice and any existing ancillary claims are paid in full. This also
applies to future deliveries. We are entitled to take back the purchase goods, if the Buyer is in breach of contract.
7.2. The Buyer is committed to handle the purchased goods with care until the ownership has passed to the Buyer. The Buyer is in
particular committed to provide sufficient insurance cover for these goods against theft, fire and water damage at original value at
its own expenses. As long as the ownership has not been passed on the Buyer, the Buyer must inform us immediately in writing, if
the delivered goods have been seized or are otherwise exposed to interventions of third parties. As far as the third party is not
able to reimburse us for the judicial and extra-judicial costs of a legal action pursuant to Article 771 ZPO [German Code of Civil
Procedure], the Buyer is liable for any incurred loss.
7.3. The Buyer is entitled to sell the reserved goods within the scope of regular business transactions. The Buyer already assigns
any claims against the purchaser arising out of the subsequent sale of the reserved goods to us in the amount of the total invoice
value (including turnover tax) agreed with us. This assignment is valid regardless of whether the purchase goods are re-sold
without or after further processing. The Buyer remains authorized to collect the claim also after assignment. Our right to collect the
claim remains unaffected. However, we will not collect such claim as long as the Buyer complies with its payment obligations
arising out of the collected proceeds, is not in default of payment and if in particular no application for insolvency has been filed or
a cessation of payments is given.
7.4. The conditioning, processing or transformation of the purchased goods by the Buyer is always performed in our name and by our
order. In this case the expectant right of the Buyer in the equipment delivered by us in the transformed property is continued. If the
purchased goods are processed with other goods we do not own, we acquire the co-ownership in the new property proportionally
to the objective value of our purchased goods to the other processed goods at the time of processing. The same applies in case of
a mingling. If the mingling is performed in a manner that the property of the Buyer has to be regarded as the main property, it is
deemed as agreed that the Buyer transfers the proportional co-ownership to us and holds the sole ownership or co-ownership
thus formed for us. To safeguard our claims against the Buyer, the Buyer also assigns such claims to us, which arise against a
third party out of the union of the reserved goods with a plot of land; we hereby already accept such assignment.
7.5. We undertake to release the securities we are entitled to on request of the Buyer, as far as their value exceeds the claim to be
secured by more than 20%.
8.1. The Buyer undertakes to notify about any defects immediately after detection.
8.2. Obvious defects will only be recognized, if the Seller is notified about such defects in writing within 14 days after delivery at the
8.3. The warranty covers the proper workmanship, the use of appropriate materials and the stable and durable construction.
8.4. As warranty, the Buyer may initially only request a rectification of defects in principle. The Seller may deliver a replacement
instead of performing a rectification of defects at its own discretion. Claims for damages are limited to the individual defective
parts. In this regard our deliveries are deemed as divisible performance.
8.5. The Buyer has a right to withdraw from the contract within the scope of the statutory stipulations, if the Seller – considering the
legal exceptions – permits an appropriate period of grace for the rectification of defects or a replacement delivery to expire
8.6. The issuance of notifications of defects does not release the Buyer from its duty to pay the invoice in due time.
8.7. The warranty becomes void, if – without our written consent – the delivered goods are used improperly or are changed, if its
technical original markings are changed or cleared and if regular maintenance and care, as determined in the provided
maintenance and care instructions, are not performed.
8.8. The warranty also becomes void, if the Buyer did not properly install the goods and if this installation constitutes the reason for the
8.9. Willfully damaged parts (e.g. cut hawsers and ropes) by third parties or by the Buyer do not give raise to claims for damages.
8.10. Claims for damages become statute barred within 12 months after performed delivery of the goods delivered by us. The statutory
deadlines apply to defects of a building or objects of delivery, which are used for a building according to their customary type of
use and which caused the defectiveness of the building.
9.1. If the Seller is liable, based on the statutory stipulations subject to these conditions, for a damage caused by slight negligence, the
liability of the Seller is limited. The liability is only given in case of a violation of material contractual duties and is limited to the
typical damage foreseeable on conclusion of the contract. This limitation does not apply in case of damage to life body and health.
9.2. Regardless of a fault of the Seller, a possible liability of the Seller in case of fraudulent concealment of a defect, from the
assumption of a guarantee or a procurement risk and according to the Produkthaftungsgesetz [German Product Liability Act]
9.3. The personal liability of the legal representatives, agents and staff members of the Seller for damages caused by them by slight
negligence is excluded.
10.1. Place of performance is Laucha.
10.2. The sole place of jurisdiction for any current and future claims arising out of the business relationship is the registered place of
business of the Seller.
10.3. Should individual stipulations of the contract be invalid, the remaining stipulations remain unaffected. Invalid contract stipulations
have to be replaced by valid stipulations as close as possible to the economic intend of the invalid stipulations. The same applies
in case of contract gaps.
Laucha, March 1, 2010