Terms of service

§ 1 General (1) The sale and delivery of spare parts are made exclusively on the basis of the respective order confirmation, any special agreements, and additionally the following conditions. (2) Offers and cost estimates by SCA are non-binding. A contract is concluded with the order confirmation from SCA in written form or the provision of the service by SCA. (3) These terms and conditions apply exclusively to consumers within the meaning of § 13 BGB (German Civil Code). (4) The buyer is obliged to provide SCA with correct and complete specification data and to check the order confirmation for the correct reproduction of the data provided. (5) Information on the delivery and performance subject matter (for example, in catalogs, product information, electronic media, or labels) is based on the general experience and knowledge of SCA and is merely indicative or descriptive. All information materials (for example, catalogs and operating instructions) are always up-to-date on the Internet at www.sca-mobil.de. (6) Information about the nature and possible uses of SCA products does not constitute guarantees, especially not according to §§ 443, 444, 639 BGB, unless expressly designated as such in writing. (7) Changes to technical data and designs that serve technological progress are reserved. (8) SCA reserves ownership and copyright rights to samples, illustrations, drawings, calculations, and similar information of physical and non-physical nature - also in electronic form. This also applies to documents and information designated as "confidential". The transfer to third parties requires the prior written consent of SCA.

§ 2 Prices and Payment Terms (1) The prices stated by SCA, unless otherwise agreed in writing, are ex works or delivery warehouse, including statutory value-added tax. They do not include packaging, freight, postage, and insurance. (2) Payments are due 100% as a prepayment upon order placement. SCA may, in individual cases after appropriate examination, allow payments by cash on delivery. Payments are to be made without any deduction to SCA's payment office. (3) If SCA becomes aware of a significant deterioration in the buyer's financial circumstances after sending the order confirmation, the claims of SCA become due immediately. In addition, SCA is entitled to only execute outstanding deliveries and services against advance payment, even if they deviate from the order confirmation, and to withdraw from the contract after a reasonable grace period, unless the buyer provides security. The same applies if the payment terms are not met, even if the non-compliance affects other orders in the mutual business relationship. (4) If the parties have not agreed on a specific price, the price is determined by SCA's valid price list at the time of conclusion of the contract.

§ 3 Delivery Time (1) Delivery and performance will be made within the calendar week confirmed in written form, but not before clarification of all execution details. The buyer must fulfill all obligations incumbent upon him, such as making a down payment, in a timely manner. If this is not the case, the delivery time will be extended accordingly. This does not apply if SCA is responsible for the delay. (2) The delivery time is further extended reasonably in the event of unforeseen obstacles not attributable to SCA, whether occurring at SCA or its suppliers, e.g., force majeure, labor disputes, import and export restrictions, official approval procedures, and other unavoidable delays in the completion of delivery parts, operational disruptions, delays in the delivery of essential parts and raw materials, insofar as such obstacles demonstrably have a significant impact on the completion of the conversion service. Such obstacles are not attributable to SCA even if they arise during an existing delay. SCA will promptly notify the buyer of the beginning and end of such circumstances. (3) If the end of the obstacle is not foreseeable or if it lasts longer than three months, each party is entitled to withdraw from the contract. (4) The buyer can only withdraw from the contract due to delivery delays within the statutory provisions if these are attributable to SCA.

§ 4 Transfer of Risk (1) Risk passes to the buyer upon delivery to the carrier or freight forwarder, but at the latest upon leaving the factory or warehouse. The same applies if free delivery, delivery ex works, or similar has been agreed. If acceptance is required, it is decisive for the transfer of risk. It must be carried out promptly on the acceptance date, alternatively after notification by SCA of readiness for acceptance. The buyer may not refuse acceptance in the event of a non-material defect. (2) If acceptance is delayed or omitted due to circumstances attributable to the buyer, risk passes to the buyer from the day of readiness for acceptance.

§ 5 Retention of Title (1) SCA reserves ownership of the delivered goods until full payment of the purchase price has been received. (2) If the buyer is in default with payment, SCA is entitled, after reminder, to take inventory of the goods. SCA may also take back the goods without withdrawing from the contract beforehand. In doing so, SCA will take sufficient account of the interests and protection of the buyer. SCA also has this right if the buyer makes a sworn statement of disclosure, if an order is issued for a sworn statement of disclosure by the buyer, or if the buyer applies for insolvency proceedings to be opened over his assets. (3) In the event of seizures, attachments, or other third-party dispositions or interventions, the buyer must inform SCA immediately.

§ 6 Warranty Claims (1) The buyer must notify SCA in writing of any identified defect without delay. (2) If the item is defective, the buyer is entitled to subsequent performance, which SCA will provide at its discretion by remedying the defect or by delivering defect-free goods or services. The buyer supports SCA in rectifying defects and analyzing errors by describing any occurring problems specifically and informing SCA comprehensively. The buyer must grant the necessary time and opportunity for the rectification of defects. Only in urgent cases to prevent disproportionately large damages, with immediate notification to SCA, does the buyer have the right to remedy the defect himself or through third parties and to demand reimbursement of the necessary expenses from SCA. Goods or parts complained of must be returned only at the request of SCA and, if necessary, in good packaging and with a packing slip indicating the order number. (3) SCA may carry out defect rectification on-site or at its premises at its discretion. (4) In the event of defect rectification, SCA is obliged to bear all expenses necessary for the purpose of defect rectification, in particular transport, travel, labor, and material costs, to the extent that these do not increase because the goods have been transported to a location other than the place of performance, unless the transport corresponds to the intended use. The burden of proof lies with the buyer. §254 BGB applies accordingly. (5) If subsequent performance fails (§ 440 BGB), the buyer has the right to reduce the purchase price or withdraw from the contract. (6) Damages arising from the following reasons and not attributable to a breach of duty by SCA do not constitute warranty claims: Inappropriate or improper use after the transfer of risk, in particular excessive use, faulty installation or commissioning by the buyer or third parties despite the presence of proper installation instructions, normal wear and tear, improper or negligent handling, unsuitable operating materials, replacement materials, failure to observe operating instructions, unsuitable operating conditions, especially in unfavorable chemical, physical, weather, or environmental conditions, or too high or too low ambient temperatures. (7) The limitation period for warranty claims is 2 years from the statutory commencement of the limitation period. (8) Further claims are determined exclusively by § 7 of these conditions.

§ 7 Liability for Damages and Reimbursement Claims (1) In the event of intentional or grossly negligent breaches of duty, as well as in any case of culpable injury to life, body, or health, SCA is liable without limitation for all resulting damages, unless legally stipulated otherwise. (2) In the event of gross negligence by non-executive employees, SCA's liability for property and pecuniary damages is limited to the contract-typical, foreseeable damage. (3) In the event of slight negligence, SCA is liable for property and pecuniary damages only in the event of a breach of material contractual obligations. Even in this case, SCA's liability is limited to the contract-typical foreseeable damage. (4) Further liability for damages than regulated in the above paragraphs is excluded regardless of the legal nature of the asserted claim. This applies in particular to tort claims under §§ 823, 831 BGB; any unrestricted liability under the provisions of the German Product Liability Act remains unaffected.

§ 8 Right of Withdrawal SCA may withdraw from the contract in whole or in part by written declaration if the buyer becomes insolvent, the buyer's over-indebtedness occurs, or the buyer suspends his payments. SCA's right of withdrawal can only be exercised by SCA until the time when insolvency proceedings are initiated against the buyer's assets.

§ 9 Place of Performance, Consumer Dispute Resolution Act (1) The place of performance is the registered office of SCA in Königsbronn unless otherwise specified in the order confirmation. (2) SCA does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so (§ 36 VSBG). Königsbronn, September 2020