General Terms and Conditions

1. all offers, purchase contracts, deliveries and services based on orders placed by our customers (hereinafter referred to as the “Customer”) via our online store https://www.q-nix.com/shop/ (hereinafter referred to as the “Online Shop”) are subject to these General Terms and Conditions of Sale and Delivery (hereinafter referred to as the “Terms and Conditions of Sale”).

2. these terms and conditions of sale apply exclusively to entrepreneurs (§ 14 BGB), legal entities under public law or special funds under public law. The customer confirms this with his active consent (active ticking of a box) when placing an order in the online store.

3. the customer’s terms and conditions shall not apply. This shall also apply if we do not separately object to their validity in individual cases.

4. contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order via the German-language or English-language page of the online store. If the order is placed via our German-language website, the German version of these Terms and Conditions of Sale shall apply exclusively. If the order is placed via our English-language website, only the English version of these Terms and Conditions of Sale shall apply. English-language terms to which the corresponding German terms are attached shall always have the meaning of the respective German term.

5. individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Subject to proof to the contrary, a written contract or our written confirmation shall be decisive for the content of such agreements.

6. these terms and conditions of sale shall also apply to all future transactions with the customer, insofar as they are legal transactions of a related nature.



II. Offer and conclusion of contract

1. offers are always subject to change and non-binding, unless otherwise stipulated in individual contracts. We reserve the right to make reasonable changes in technical aspects as well as in form, color and other conditions, insofar as they do not impair expediency.

2. by placing an order in the online store, the customer makes a binding offer to purchase the product in question. We can accept the offer until the end of the 7th (seventh) working day following the day of the offer.

3. we will send the customer a confirmation of receipt of the offer promptly after receipt. This does not constitute acceptance of the offer. The offer shall only be deemed to have been accepted by us when we declare acceptance to the customer (by e-mail) or dispatch the product. The purchase contract with the customer is only concluded upon our acceptance.



III Content of the contract

1. the scope of the delivery obligation is based on the order confirmation.

2. only the specific details of the object of purchase in the order confirmation shall be decisive for the agreed quality of the object of purchase. Unless expressly agreed otherwise, the order shall be executed in accordance with our sales documents (descriptions, printed matter, brochures, dimension sheets, information on our homepage and in the online catalog). We reserve the right of ownership and copyright to our models, plans and drawings.

3. technical data, illustrations, drawings, brochures, advertising material, etc. are for general product description purposes only. They are only approximate specifications. We reserve the right to make changes to the construction, shape, weight, dimensions, design and color of our products within the aforementioned framework, insofar as they do not change the function and usability of the goods and are reasonable for the customer according to general market opinion.

4. test certificates are enclosed with the probes. Further accessories are excluded. Other documentation must be expressly ordered when placing the order. They will be charged separately.



IV. Documents provided

We reserve the property rights and copyrights to all documents provided to the customer in connection with the order placement – also in electronic form – such as calculations, drawings etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the Customer’s offer within the period specified in Section II, these documents must be returned to us immediately without a separate request.



V. Notification obligations of the Customer

The customer is obliged to provide us with all necessary information about the intended use of the delivery item when placing the order. This applies in particular to the use for military purposes and if the goods to be delivered are to be used in connection with toxic, inflammable, corrosive and explosive media as well as other harmful substances or under special temperature and pressure conditions or if specific operating conditions of another kind exist. The customer may not deliver/sell goods to sanctioned or embargoed countries.



VI Prices and payment

1. unless otherwise agreed in writing, our prices are ex works excluding packaging and plus VAT at the applicable rate. Packaging costs and other ancillary services shall be invoiced separately and shall be borne by the customer.

2. unless expressly agreed otherwise, we only deliver against prepayment (in the manner specified on the order form in the online store) against invoice.

3. the available payment methods are shown on our website or in the respective item description, but at the latest in the final order process at the “checkout”. The deduction of a discount is only permitted if a special written agreement has been made.

4. unless a fixed price agreement has been made, reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 (three) months or later after conclusion of the contract are reserved.



VII. Rights of retention and offsetting

The customer may only offset its own claims against us if these counterclaims have been legally established, are undisputed or have been recognized by us. Rights of retention can only be exercised by the customer if the customer’s counterclaim is based on the same legal relationship regulated in the individual contract; rights of retention due to claims based on a claim not concluded in connection with the respective contract are not permitted.



VIII. Delivery time

1. all deadlines for the dispatch of the goods specified by us in the order or otherwise agreed shall commence (a) if delivery against advance payment has been agreed, on the day of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment on account has been agreed, on the day on which the purchase contract is concluded. The day on which we hand over the goods to the shipping company shall be decisive for compliance with the shipping date.

2. deadlines specified by us for the dispatch of the goods are always only approximate and may therefore be exceeded by up to 7 (seven) working days. This shall not apply if a fixed shipping date has been agreed. If no deadline or date for shipment is specified or otherwise agreed, shipment within 5 (five) working days shall be deemed to have been agreed.

3. we are entitled to sell off the goods at any time (even if they are marked as “in stock” on the order form) if delivery is made against advance payment and payment is not received by us within a period of 5 (five) working days after our acceptance of the offer. In this case, the goods will only be dispatched within the period agreed or specified by us while stocks last.

4. in the event that our supplier does not deliver goods to us on time which are indicated on the order form as “not in stock” or which have been sold off in accordance with paragraph 3, the relevant delivery period shall be extended until delivery by our supplier plus a period of 3 (three) working days, provided that the goods are delivered on time,

– we are not responsible for the delay in delivery by our supplier and

– we have reordered the goods before the conclusion of the purchase contract (or, in the case of paragraph 3, the time of sale) in such good time that, under normal circumstances, timely delivery could be expected.

If the goods are not available through no fault of our own or cannot be delivered on time despite timely reordering, we shall be entitled to withdraw from the purchase contract. We shall immediately notify the customer of the non-availability of the goods and, in the event of withdrawal, immediately reimburse the customer for any payments made to us.

5. if the customer has purchased several separately usable products in one order, we can also send these in several separate deliveries, whereby we shall bear the additional shipping costs incurred as a result. However, if one of the products ordered is marked as not in stock in the online store and the customer declares his wish for advance delivery of the products in stock, he shall bear the additional shipping costs incurred as a result. The statutory rights of the customer with regard to timely and proper delivery are not restricted by this.

6. the start of the delivery period stated by us presupposes the timely and proper fulfillment of the customer’s obligations. We reserve the right to plead non-performance of the contract.

7. if the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.

8. further statutory claims and rights of the customer due to a delay in delivery remain unaffected.



IX. Shipping method and duration, insurance and transfer of risk

1. unless expressly agreed otherwise, we shall determine the appropriate mode of shipment and the transport company at our reasonable discretion.

2. if the goods are dispatched in accordance with the agreements made with the customer, we are only responsible for the timely and proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. A shipping time stated by us (period between the handover by us to the transport company and the delivery to the customer) is therefore non-binding.

3. if the goods are shipped to the customer and we only owe the shipment, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon delivery to the transport company. This shall apply irrespective of whether the goods are shipped from the place of performance or who bears the freight costs. Unless otherwise agreed, we deliver in accordance with the current Incoterms CPT (“freight paid to destination”).



X. Retention of title

1. we reserve title to the delivered goods until all claims arising from the delivery contract have been paid in full. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We are entitled to reclaim the goods if the customer acts in breach of contract.

2. without our prior written consent, the customer is not entitled to dispose of the ownership of the goods delivered by us and still subject to retention of title (“reserved goods”). The disposal of the legal position of the customer with regard to the reserved goods (so-called expectant right) remains permissible as long as the third party is informed of our right of ownership,

3. as long as ownership has not yet been transferred to him, the customer is obliged to treat the goods with care and diligence. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must inform us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.

4. the customer is entitled to resell the reserved goods in the normal course of business. However, the resale may not take place in sanctioned or embargoed countries. The purchaser hereby assigns to us the claims against the customer arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment shall apply irrespective of whether the purchased item has been resold without or after processing. The customer shall remain authorized to collect the claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected. However, we shall not collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended.

5. we undertake to release the securities to which we are entitled at the request of the customer insofar as their value exceeds the claims to be secured by more than 20%.



XI. Warranty and notification of defects as well as recourse / manufacturer’s recourse / limitation of liability

1. the statutory provisions shall apply to the rights of the customer in the event of material defects and defects of title, unless otherwise specified below. This shall not affect the rights of the customer arising from separate guarantees given by us.

2. warranty rights of the customer presuppose that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB.

3. warranty claims shall become time-barred 12 (twelve) months after delivery. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, limb and health based on an intentional or negligent breach of duty by the user. In the case of used goods, the warranty period shall be excluded with the exception of the claims for damages mentioned in sentence 2.

4. if, despite all due care, the delivered goods have a defect that already existed at the time of the transfer of risk, we shall, at our discretion, either repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity for subsequent performance within a reasonable period of time. Recourse claims shall remain unaffected by the above provision without restriction.

5. if the subsequent performance fails, the customer may – without prejudice to any claims for damages – withdraw from the contract.

6. claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials or due to special external influences which are not provided for in the contract. If improper repair work or modifications are carried out by the customer or third parties, no claims for defects shall exist for these and the resulting consequences.

7. claims of the customer for the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, including any dismantling and installation costs, are excluded if the expenses increase because the goods delivered by us have subsequently been taken to a place other than the customer’s branch office, unless the transfer corresponds to their intended use.

8. the purchaser’s right of recourse against us shall only exist insofar as the purchaser has not made any agreements with his customer that go beyond the legally mandatory claims for defects. Paragraph 6 shall also apply accordingly to the scope of the customer’s right of recourse against the supplier.

9. our liability for late delivery is – except in cases of intent or gross negligence – limited to an amount of3 % (three percent) of the respective purchase price (including VAT).

10. we shall not be liable (irrespective of the legal grounds) for damages that are not typically to be expected in the normal use of the goods. Our liability is also excluded for damage resulting from data loss, insofar as this arises from the fact that recovery is not possible or is made more difficult due to missing or insufficient data backup. The above limitations of liability shall not apply in the event of intent or gross negligence.



XII Other liability

1. within the scope of fault-based liability, we shall be liable for damages, irrespective of the legal grounds, only in the event of intent and gross negligence. In the event of simple negligence, we shall only be liable, subject to statutory limitations of liability (e.g. care in our own affairs; insignificant breach of duty):

a. for damages resulting from injury to life, limb or health,

b. for damages resulting from the breach of an essential contractual obligation (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner relies and may also rely). In this case, however, our liability is limited to compensation for foreseeable, typically occurring damage.

2. the limitations of liability arising in accordance with paragraph 1 shall also apply to third parties and in the event of breaches of duty by persons whose fault we are responsible for in accordance with statutory provisions. Insofar as a defect has been fraudulently concealed and a guarantee for the quality of the goods has been assumed, the limitations of liability shall not apply. This also applies to claims of the buyer under the Product Liability Act.



XIII Other

(1) These Terms and Conditions of Sale and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

2. place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation.

3. all agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.



XIV. Data protection

Your personal data will be stored electronically in accordance with the applicable data protection regulations. Details can be found in our privacy policy.



XV Take-back and WEEE

1 We take back our devices in accordance with the ElektroG. They are either recycled by us or disposed of by a recycling company in accordance with legal requirements. Our WEEE reg. no. is: DE78730449.

2. the costs incurred in direct connection with the return of old electrical appliances, such as transportation costs, import duties, customs clearance costs and any other ancillary logistical costs, shall be borne by the customer. The customer must organize the return of the old electrical appliances to us independently. He shall also be responsible for all costs and expenses arising from his obligations under paragraphs 3 and 4 below.

3. in the event of resale, the customer must ensure that third parties to whom he sells WEEE goods comply with all obligations arising from the ElektroG and any country-specific regulations regarding the environmentally sound disposal of WEEE.

4. the customer shall provide us on request with the data, documents, information and other assistance we require for the procedure for compliance with the WEEE regulations in order to fulfil our obligations to comply with WEEE regulations.



XVI. Severability clause

Should individual provisions of these Terms and Conditions of Sale prove to be invalid, this shall not affect the validity of the remaining provisions. In this case, both contracting parties are obliged to reach a new agreement which comes closest to the intended economic purpose.