EN 
DE 1. Contract
1.1 Formation
Deliveries, services, and offers are provided exclusively in accordance with these Terms and Conditions of Sale and Delivery. They are deemed agreed upon no later than when the buyer places an order. New customers whose order total exceeds EUR 75.00 net must generally pay in advance or by cash on delivery. We also grant a 2% discount for these payment methods. The buyer is bound to their order for a maximum of four weeks. The order is deemed accepted when SAM Präzisionstechnik GmbH® confirms it in writing or fulfills it by shipping the goods. Verbal agreements with SAM Präzisionstechnik GmbH® or its representatives only become binding upon written confirmation by SAM Präzisionstechnik GmbH®. In view of the ongoing technical development and improvement of our products, we reserve the right to make changes to the design and specifications.
1.2 Prices
Prices are fixed ex-works, unless otherwise agreed. Prices are quoted in euros plus the applicable statutory value-added tax. Transport packaging, freight, and insurance (if desired) are at the buyer’s expense. For deliveries with a net merchandise value of less than 75 euros, we charge a minimum order surcharge of 10 euros. For deliveries made directly to third parties designated by the buyer, a surcharge of 10 euros will be applied.
2. Place of Performance
The place of performance for the services provided by SAM Präzisionstechnik GmbH® is Munich.
3. Delivery
3.1 Shipping
Shipment is made at the buyer’s expense and risk from Munich. Risk passes to the buyer as soon as the goods have been handed over to the carrier or have left the warehouse for shipment. Risk also passes to the buyer if the goods are ready for shipment or pickup, the buyer has been notified that the goods are ready for shipment, and shipment or pickup is delayed for reasons beyond the control of SAM Präzisionstechnik GmbH®. SAM Präzisionstechnik GmbH® reserves the right to make partial deliveries to a reasonable extent. Unless otherwise agreed, the goods are shipped uninsured. SAM Präzisionstechnik GmbH® will accept returned packaging if the buyer returns it within one week, freight prepaid.
3.2 Delivery Time
The specified delivery time is deemed to have been met if the ordered goods have left the warehouse by the end of that period and the buyer has been notified of this.
3.3 Force Majeure, etc.
Force majeure, lawful industrial action, official orders, and operational disruptions beyond SAM Präzisionstechnik GmbH®’s control shall release SAM Präzisionstechnik GmbH® from the obligation to meet specific delivery deadlines for the duration of the disruption. This also applies if the aforementioned disruptions arise within the sphere of responsibility of suppliers for this transaction. In such cases, SAM Präzisionstechnik GmbH® is entitled to withdraw from the contract in whole or in part after a period of six weeks has elapsed since the onset of the disruption. SAM Präzisionstechnik GmbH® will give notice of this at least two weeks prior to exercising the right of withdrawal. Claims for damages of any kind against SAM Präzisionstechnik GmbH® are excluded in such cases. However, any payments already made by the buyer will be refunded. SAM Präzisionstechnik GmbH® will inform the buyer of the disruptions as soon as possible in important cases.
3.4 Subsequent Delivery
Upon expiration of the delivery period, a 10-day grace period for subsequent delivery shall commence automatically. If the buyer wishes to withdraw from the contract, he must grant SAM Präzisionstechnik GmbH® a further 10-day grace period by registered letter with return receipt. In this letter, he must state that he will withdraw from the contract upon expiration of this grace period. The period begins upon receipt of the letter. Fixed-date transactions are not entered into.
3.5 Returns
Returns are only permitted with prior written consent from SAM Präzisionstechnik GmbH® and must be in the original packaging. Restocking fees will be charged for inspection and restocking. Returns of individual parts from kits or sets are not permitted. Only goods in perfect and like-new condition may be returned for a credit. SAM Präzisionstechnik GmbH® is not liable for damage incurred during transport, as all deliveries are made ex works. If the packaging is damaged, a repackaging fee will be charged. If the product is damaged (e.g., scratches, scuffs, etc.) or is no longer saleable for other reasons, it is generally excluded from return. The restocking fee is based on the date of purchase (invoice date from SAM Präzisionstechnik GmbH®). Since each item must be matched to an invoice, a copy of the invoice for the relevant goods must be included with the return shipment. If no copy is included, no credit can be issued. The goods will be held in the returns warehouse until the invoice copy is received. If the invoice copy is not submitted within three months of the goods’ receipt, the goods will be disposed of. There is no subsequent right to return or reimbursement. Returns of goods with a value of less than €25 will not be credited.
Restocking fee:
- Up to 10 days: no restocking fee
- Up to 3 months: 15% of the net list price
- Up to 6 months: 30% of the net list price
- Up to 12 months: 50% of the net list price
- After 12 months: no longer eligible for return
New packaging:
- Plastic wrap: 10 euros
- Boxed set: 15 euros
- Others: Depends on the product
If a discount is shown on the invoice, it will also be deducted, even if it was not used.
4. Retention of Title
SAM Präzisionstechnik GmbH® retains title to the delivered goods until all payments under the contract have been received. The buyer may neither pledge the goods nor assign them as security. In the event of attachment, seizure, or other dispositions by third parties, the buyer must notify SAM Präzisionstechnik GmbH® immediately so that SAM Präzisionstechnik GmbH® can enforce its ownership rights. If the third party is unable to reimburse SAM Präzisionstechnik GmbH® for the judicial and extrajudicial costs incurred in connection with the successful intervention, the buyer shall be liable for these costs. The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. However, the buyer hereby assigns to SAM Präzisionstechnik GmbH® all claims arising from such resale up to the amount of the purchase price claim. SAM Präzisionstechnik GmbH® accepts this assignment.
SAM Präzisionstechnik GmbH® authorizes the buyer to collect, on its own behalf and for its account, the receivables assigned to it arising from a resale. SAM Präzisionstechnik GmbH®’s right to collect the receivables itself remains unaffected by this; however, it undertakes not to do so as long as the buyer duly fulfills its payment obligations. In the event of revocation, the buyer is obligated to disclose its customers to SAM Präzisionstechnik GmbH® and to provide all necessary documents that are useful for SAM Präzisionstechnik GmbH® to assert the claim. If the buyer exercises the right of collection, SAM Präzisionstechnik GmbH® is entitled to the proceeds collected in the amount of the delivery price agreed between the buyer and SAM Präzisionstechnik GmbH® for the goods subject to retention of title. SAM Präzisionstechnik GmbH® reserves all ownership, copyright, and other industrial property rights to drawings, sketches, samples, modifications, illustrations, cost estimates, and other documents. They may not be made available to third parties without the express consent of SAM Präzisionstechnik GmbH®.
5. Payment
5.1 Payment Methods
Payments must be made in cash, by cash on delivery, by check, or by bank transfer. Unless otherwise agreed, the invoice is payable in euros (non-cash). Payments must be made directly to SAM Präzisionstechnik GmbH®. The sales partners or sales representatives of SAM Präzisionstechnik GmbH® are not authorized to accept payments. Set-off is permitted only against undisputed or legally established claims. Other deductions (e.g., postage) are not permitted. Payments are always applied to settle the oldest outstanding debt items plus any accrued late payment interest.
5.2 Dates
Payments are due immediately and must be paid in full within 14 days of the invoice date. Deferral of the invoice due date (deferral of payment) is generally not permitted, unless previously agreed upon with SAM Präzisionstechnik GmbH®.
5.3 Discounts
SAM Präzisionstechnik GmbH® offers a 2% discount on purchase invoices, provided they can be collected via direct debit. No discount is offered on repair invoices.
5.4 Default
If an invoice is paid after the due date and the payment period specified in Section 5.2, SAM Präzisionstechnik GmbH® will charge late payment interest at a rate of 5% above the base rate for end consumers and 8% above the base rate if a consumer is not involved. Further claims for damages are therefore not excluded. SAM Präzisionstechnik GmbH® is not obligated to make any further deliveries under any contract unless due invoice amounts, including late payment interest, have been paid in full.
6. Defects
6.1 Notice of Defect
Claims regarding obvious defects must be submitted in writing to SAM Präzisionstechnik GmbH® no later than 7 days after receipt of the goods. Minor deviations in quality, color, dimensions, weight, finish, or design that are customary in the trade or reasonable and technically unavoidable may not be the subject of a claim. SAM Präzisionstechnik GmbH® assumes no liability for defects resulting from failure to follow care instructions or improper handling (e.g., corrosive chemical cleaning baths, ultrasonic baths, etc.), or for modifications or repairs not performed by SAM Präzisionstechnik GmbH®. Returns may only be made with prior written consent and accompanied by a copy of the invoice.
6.2 Rectification of Defects
In the event of valid complaints, SAM Präzisionstechnik GmbH® has the right, upon receipt of the returned goods, to repair them or to deliver replacement goods free of defects. The buyer may only assert claims for a price reduction or withdrawal from the contract if the subsequent performance has failed. SAM Präzisionstechnik GmbH® shall bear the resulting transportation, travel, labor, and material costs, provided that these costs are not increased by the fact that the goods were transported to a location other than the buyer’s place of residence or business establishment.
7. Liability
SAM Präzisionstechnik GmbH® shall be liable for damages only in cases of intentional or grossly negligent breaches of contract. In the event of any other culpable breach of material contractual obligations, SAM Präzisionstechnik GmbH® shall be liable only for damages that are typical for the contract and reasonably foreseeable. Furthermore, the buyer’s claims for damages arising from direct or indirect damages are limited in amount to the purchase price of the delivered goods or, in the event of a delay, to the portion of the delivery that has not been made. These limitations of liability do not apply to damages resulting from injury to life, limb, or health that are attributable to a breach of duty for which SAM Präzisionstechnik GmbH® or its vicarious agents are responsible. If the buyer wishes to claim damages in lieu of performance, they must set SAM Präzisionstechnik GmbH® a four-week deadline following the expiration of the deadline for subsequent delivery. The period shall be calculated from the date on which the buyer’s notice is sent by registered mail.
8. Withdrawal
In the event of material breaches of duty by the buyer or in the event of late payment, SAM Präzisionstechnik GmbH® shall be entitled, following a prior unsuccessful demand for performance, to withdraw from the contract and to reclaim the goods subject to retention of title, and the buyer shall be obligated to surrender them. Claims for damages are therefore not excluded. If SAM Präzisionstechnik GmbH® becomes aware of circumstances indicating that the customer is credit-unworthy and that SAM Präzisionstechnik GmbH®’s claims are thereby jeopardized, SAM Präzisionstechnik GmbH® may demand security or advance payment of the full purchase price or withdraw from the contract.
9. Statute of limitations
Claims by the buyer arising from a defect or breach of duty are subject to a one-year statute of limitations.
10. Jurisdiction/Governing Law
The place of jurisdiction (including for claims relating to bills of exchange and checks) is Munich, provided that the buyer is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction within Germany. German law applies, including in the case of international deliveries, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11. Interpretation of Conflicting Terms and Conditions
The buyer agrees to the above terms and conditions of sale and delivery unless the buyer objects in writing within one week. SAM Präzisionstechnik GmbH® does not recognize any conflicting terms and conditions of purchase on the part of the buyer. Should any individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. Instead, such provisions shall be replaced by a provision that most closely approximates the economic purpose originally intended by the parties.
