1.1 These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services provided by BMPTC I Solutions Timo Boxler (hereinafter referred to as "BMPTC Solutions") to business customers (B2B) in Germany and abroad. Consumers within the meaning of § 13 BGB (German Civil Code) are not contractual partners of these GTC.
1.2 Any deviating, conflicting, or supplementary general terms and conditions of the customer shall only become part of the contract if their validity has been expressly agreed to in writing.
1.3 These GTC also apply to all future transactions with the customer, insofar as they relate to similar services, even if this is not expressly stated again.
1.4 Individual agreements or subsidiary agreements must be made in writing to be effective.
2.1 Offers made by BMPTC Solutions are subject to change and non-binding. A contract is only concluded upon written order confirmation or upon execution of the delivery or service.
2.2 BMPTC Solutions reserves the right to reject orders in whole or in part, in particular in the case of incomplete, unclear, or economically unreasonable conditions.
2.3 The subject matter of the service is the project planning and import of technical and decorative components from Asia, as well as the provision of services in the area of external interim management.
2.4 The scope of services and delivery is specified in the individual offer or the written order confirmation. Technical descriptions, samples, or drawings serve only to provide a more detailed description of the services and do not constitute a guarantee within the meaning of § 443 BGB (German Civil Code).
3.1 All prices are net in euros plus the applicable statutory value added tax. For international transactions, invoicing is based on the agreed currency and exchange rate.
3.2 Payment terms are specified in the respective offer or order confirmation. Unless otherwise agreed, invoices are payable without deduction within 14 days of the invoice date.
3.3 In the event of late payment, BMPTC Solutions is entitled to charge default interest at a rate of 9 percentage points above the base rate as well as reminder fees.
3.4 The customer is only entitled to offset or withhold payment if their counterclaim has been legally established or is undisputed.
3.5 BMPTC Solutions is entitled to demand reasonable advance or partial payments, in particular for larger projects or advance payments to suppliers.
4.1 Delivery periods are only binding if they have been expressly confirmed as binding in writing.
4.2 Events of force majeure or unforeseeable, unavoidable events (e.g., delivery delays by suppliers, transport disruptions, official measures, import or export restrictions, natural disasters, or political events) shall extend the delivery period appropriately. Claims for damages due to such delays are excluded.
4.3 The risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the latest upon handover to the forwarding agent, carrier, or other person designated for shipment.
4.4 Delivery conditions are defined exclusively by the respective offer and the order confirmation.
5.1 The delivered goods remain the property of BMPTC Solutions until all claims arising from the current business relationship have been paid in full.
5.2 If the goods subject to retention of title are processed, combined, or mixed, BMPTC Solutions shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the value of the new item.
5.3 The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to BMPTC Solutions any claims arising from the resale in the amount of the invoice amount.
5.4 Upon request, the customer shall provide BMPTC Solutions with all information necessary to assert the assigned claims and hand over the relevant documents.
6.1 The warranty period is 12 months from delivery.
6.2 The customer must report obvious defects in writing within 10 days of receipt of the goods. Non-obvious defects must be reported in writing immediately after discovery.
6.3 BMPTC Solutions shall be liable without limitation in cases of intent and gross negligence as well as in cases of injury to life, limb, or health.
6.4 In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable, typical damage.
6.5 Liability for lost profits, loss of production, loss of use, or other indirect or consequential damages is excluded.
6.6 The limitations of liability also apply in favor of the legal representatives and vicarious agents of BMPTC Solutions.
6.7 The provisions of the Product Liability Act remain unaffected.
7.1 Both contracting parties undertake to treat all information obtained in the course of their cooperation that is marked as confidential or is to be regarded as confidential by its nature as strictly confidential and to use it only for the purpose of fulfilling the contract.
7.2 The confidentiality obligation does not apply to information that was already known to the receiving party, is or becomes publicly known without breach of this agreement, or must be disclosed due to legal regulations or official orders.
7.3 This obligation shall continue to apply even after the contractual relationship has ended.
8.1 The processing of personal data shall be carried out exclusively in accordance with the applicable data protection laws, in particular the GDPR.
8.2 Further information on the processing of personal data can be found in the privacy policy of BMPTC Solutions, available at: https://www.bmptc.de/datenschutz.
8.3 The customer undertakes to transfer personal data of its employees or third parties only to the extent that this is necessary for the performance of the contract and permissible under data protection law.
9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2 The place of performance for all obligations arising from this contract is the registered office of BMPTC Solutions in Constance, Germany.
9.3 The place of jurisdiction is Konstanz. However, BMPTC Solutions is also entitled to sue the customer at their general place of jurisdiction.
9.4 The contract language is German. In the case of foreign-language versions of these GTC, the German version shall prevail.
9.5 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a provision that is as economically equivalent as possible.
Konstanz, As of August 1, 2025
BMPTC I Solutions Timo Boxler