Terms and Conditions (T&C) – Sales

Last updated: August 2025

Provider: PFALZTRAFO Vertriebs GmbH, Am Floßbach 15, 67112 Mutterstadt

1. Scope
These General Terms and Conditions (GTC) apply exclusively to entrepreneurs (§ 14 German Civil Code – BGB) for all sales of transformers and accessories. Conflicting or deviating terms and conditions of the purchaser shall only apply if we have expressly agreed to their validity in text form.

2. Offers and Conclusion of Contract
Our offers (catalog/online) are non-binding and without obligation. A contract is only concluded upon our order confirmation in text form or upon delivery. Product, drawing, and performance specifications are customary approximations within the industry; changes that do not impair functionality remain reserved.

3. Prices, Payment, Default
All prices are net plus packaging, shipping, and statutory VAT. Delivery is ex warehouse Mutterstadt.
In the event of payment default, the buyer owes statutory default interest (9 percentage points above the base interest rate) as well as a default fee of €40; further damages remain reserved.

4. Delivery, Transfer of Risk, Deadlines, Default of Acceptance
Delivery is ex works Pfalztrafo. In the case of a sale involving shipment, the risk passes to the buyer upon handover to the carrier. Reasonable partial deliveries are permitted.
Delivery dates are deemed non-binding unless expressly agreed as binding.
If the buyer defaults on acceptance, they bear the resulting storage and additional costs. At the same time, the risk of accidental loss or deterioration of the goods passes to the buyer.

5. Force Majeure / Self-Supply
In cases of force majeure or unforeseeable events beyond our control (e.g., strike, governmental measures, extreme weather, supply disruptions), deadlines shall be extended appropriately; we will inform the purchaser without undue delay.
If self-supply fails despite the conclusion of a congruent covering transaction, we are entitled to withdraw from the contract.

6. Retention of Title
The goods remain our property until full payment has been made. Processing, combination, or mixing is carried out on our behalf as service provider (§ 950 BGB). If co-ownership arises, we acquire it in proportion to the invoice value.
The buyer is entitled to resell the goods in the ordinary course of business; the resulting claims are hereby assigned to us in the amount of the invoice value (extended retention of title). The buyer remains authorized to collect these claims; however, we may revoke this authorization if the buyer defaults on payment.

7. Warranty, Duty to Inspect, Limitation Period
The buyer must inspect the goods immediately upon delivery. Obvious defects must be reported in text form no later than within 7 calendar days, hidden defects immediately upon discovery (§ 377 HGB). If no timely notice of defects is made, the goods are deemed approved.
In the case of justified defects, subsequent performance will be carried out at our discretion – either by repair or replacement delivery.
Limitation period:
Warranty claims expire, insofar as legally permissible, 12 months from delivery.
Excluded from this are claims based on:
– Fraudulent concealment of defects,
– Intent or gross negligence,
– Injury to life, body, or health,
– Product liability,
– As well as buildings or construction materials (pursuant to § 438 para. 1 no. 2 BGB; 5-year limitation period).
Recourse claims within the supply chain pursuant to §§ 445a/b BGB remain unaffected.

8. Liability
We are liable in cases of intent, gross negligence, injury to life, body, or health, as well as under the Product Liability Act.
In the event of simple negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the typical, foreseeable damage; otherwise, liability is excluded.

9. Custom-Made Products
Customer specifications must be confirmed in text form. The purchaser warrants that templates/specifications do not infringe the rights of third parties and shall indemnify us in this respect. Tools and templates remain our property.
Cancellations are excluded; excess or short deliveries within a technically acceptable range are permitted.

10. Set-Off and Retention
Set-off or retention is only permitted with undisputed or legally established claims or with counterclaims arising from the same contractual relationship.

11. Data Protection
We process personal data in the course of contract execution in accordance with the GDPR and the German Federal Data Protection Act (BDSG). Details, in particular regarding purposes, legal bases, retention periods, and the rights of data subjects, can be found in our Privacy Policy.

12. Place of Performance, Jurisdiction, Choice of Law / CISG
The place of performance is our registered office.
The place of jurisdiction is Ludwigshafen, provided the purchaser is a merchant, a legal entity under public law, or a special fund under public law.
German law shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

13. Returns / Withdrawal
There is no statutory right of withdrawal in B2B transactions. Returns are only possible with our prior consent. Return shipments are made at the purchaser’s expense and risk and must be in the original packaging. We may charge a reasonable handling and restocking fee.

14. Form / Severability
Amendments and additions require text form. Should individual provisions be invalid, the remainder of the contract shall remain effective; the statutory provision shall apply in place of the invalid regulation.