Standard Contract Terms

The CLAAS Catalogue and the CLAAS Online Shop, “claas-shop. com”, are an offer from our logistics partner, B Logistik GmbH. The General Terms and Conditions of Trade, as well as the supply and payment conditions, of B Logistik GmbH will apply.

The Standard Contract Terms applicable to purchase contracts that are concluded either via the platform of the CLAAS Online Shop or using the relevant order forms provided in the CLAAS Catalogue, between the company, B Logistik GmbH, and the Customers shown in Section 2 of the contract – hereinafter referred to as the “Supplier” and hereinafter referred to as the “Customer”:

§ 1 Scope and Definitions

1. For the business relations existing between the company, B Logistik GmbH, (hereinafter “Supplier”) and the Customer (hereinafter “Customer”) in relation to the products that the company, B Logistik GmbH, distributes via the Claas Shop and the Claas Catalogue, it is solely the following General Terms and Conditions of Trade that will apply in the version that is valid at the time when the order in question is placed. Any conditions used by the ordering Party that deviate from them will not be recognised unless the Supplier expressly gives its written agreement to their application.

§ 2 Conclusion of contract

1. The Customer can order products from the company, B Logistik GmbH via the Claas Online Shop on the Internet or using an order form provided in the Catalogue. The Supplier will accept orders from the website and on the basis of these General Terms and Conditions of Trade provided that there are sufficient supplies. The presentation of articles in the Online Shop or the Catalogue merely represents a “prompt” for the Customer, that is without obligation, to order the goods in question from B Logistik GmbH.

2. The Customer can select products from the Supplier’s range and order them using the order card by entering the article number and description found in the Catalogue. It will only be possible for the order to be sent when the Customer has accepted these Contract Terms by placing a cross against the wording on the order form, “I accept the General Terms and Conditions of Trade of B Logistik GmbH”, and has thereby included them in his order. The Customer will place an order by post using the order card. After the order card has been received, an order confirmation will be written out and sent to the Customer.

3. If an order is placed via the Claas Online Shop, the Customer can select products from the Supplier’s range and, using the “Add to basket” icon, can collect them in what is termed a “Shopping basket”. Using the “Proceed to checkout” icon, he can place a binding order to buy the goods in the basket. Before the order is sent, the Customer can view and alter the data at any time. It will only be possible for the order to be sent when the Customer has accepted these Contract Terms by clicking on the icon, “I accept the General Terms and Conditions of Trade of B Logistik GmbH”, and has thereby included them in his order.

4. The Supplier will send the Customer an automatic order confirmation by post, facsimile or e-mail, showing the Customer’s order once again and enabling the Customer to use the “Print/print out” function. The automatic order confirmation merely serves to document the fact that the Customer’s order has reached the Supplier, and it does not constitute acceptance of the order. The contract will not come into being until an acceptance declaration is made by the Supplier that is either sent in a separate e-mail or by facsimile or post, or included in an advice of delivery (confirmation of dispatch) or with the goods that are delivered.

§ 3 Availability of the goods, delivery

1. If, at the time when the Customer’s order is placed, no supplies of the product he has selected are available, the Supplier will inform the Customer of this by e-mail. If it is impossible to supply the product in the long term, the Supplier will not make an acceptance declaration. In such a situation, no contract will come into being.

2. If the product ordered by the Customer is unavailable only temporarily, the Supplier will also inform the Customer of this immediately, on the order confirmation. If the supplying of the product(s) concerned is delayed by more than two weeks, the Customer will be entitled to withdraw from the contract. In this situation, the Supplier will also be entitled to withdraw from the contract. It will refund any payments that have already been made by the Customer.

3. Delivery and invoicing will be carried out by order and for the account of the company, B Logistik GmbH, of Westkirchener Straße 73-77, D-59320 Ennigerloh, Germany.

4. Delivery will take up to 2 weeks. We are entitled to make part deliveries.

§ 4 Prices and cost of dispatch

1. All the prices that are shown on the website and in the Catalogue are understood to include turnover tax at the statutory rate that is applicable at the time.

2. Deliveries will be made within Germany. Deliveries will be made to other countries only when requests to that effect are submitted to B Logistik GmbH.

3. The corresponding cost of dispatching goods within Germany, or of delivering them to the following countries: Belgium, Denmark, Finland, France, the UK, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Sweden and Spain, will be stated for the Customer on the order form and will be borne by him.

4. Goods will be dispatched by post.

5. If, for technical or logistical reasons, an article has to be delivered in several phases, the flat-rate fee for postage will only be charged once.

§ 5 Payment conditions

1. The Customer will be able to pay by cash in advance or by credit card. It will only be possible to pay by credit card if the goods are worth € 250.00 or less. However, this restriction will not apply if a cash payment is made in advance. Within Germany, cash on delivery is also permissible.

2. The purchase price will become payable as soon as the contract is concluded. If the due date for payment is determined according to calendar dates, the Customer will be deemed to have fallen into arrears as soon as the deadline has passed. In such circumstances, he must pay the Supplier interest on arrears at a rate of 5 percent above the base rate of the European Central Bank.

3. The Customer’s obligation to pay interest on arrears does not preclude the assertion of further claims relating to loss caused by delays on the part of the Supplier.

§ 6 Warranty for defects of quality

The Supplier will be liable for defects of quality in accordance with the applicable statutory provisions, in particular, Sections 434 ff. With respect to businesses, the warranty obligation relating to goods supplied by the Supplier within the last 12 months.

§ 7 Liability

1. The Customer will not be entitled to assert claims for indemnity. The following will constitute an exception to this: claims asserted by the Customer such as arise from bodily injury or death or the breaching of material contractual obligations, as well as liability for other forms of loss that are attributable to the deliberate breaching of an obligation or such a breach caused by gross negligence on the part of the Supplier, its legal representatives or its vicarious agents.

2. If material contractual obligations are breached, the Supplier will only be liable for loss that is typical with respect to the contract, and foreseeable, if the latter has been caused by ordinary negligence, unless it is a matter of indemnity claims asserted by the Customer that emanate from bodily injury or death or the breaching of material contractual obligations.

3. For the benefit of the Supplier’s legal representatives and vicarious agents, the restrictions in Paras. 1 and 2 will also be applicable if claims are asserted directly against them.

4. The provisions of the German Product Liability Act will remain unaffected.

§ 8 Right of revocation

1. If the Customer is a consumer and if he has concluded a contract with the Supplier solely using telecommunications media, in particular, by telephone, e-mail, facsimile, the Internet or an order card, for a period of two weeks he will be entitled to revoke the declaration of his intention to conclude the contract without stating his reasons for doing so. Said period will start to run at the earliest on the day after the day on which the article is received if, in addition, the consumer has already received this declaration of intent in text form by that time. The revocation will be effected by the returning of the goods to the Supplier or through the making of the declaration in text form to the Supplier at the following address:

B Logistik GmbH

E-mail: info@b-logistik.de

Nordring 3–5, D-59320 Ennigerloh, Germany

Telephone: +49 (0) 2524-911458, Fax: +49 (0) 2524-911422

In order to meet the deadline, it will be sufficient to send the revocation or article promptly. There will be no right of revocation for contracts relating to the supplying of audio and video recordings if the seals of the data carriers that have been delivered have been removed by the consumer.

2. Goods that can be dispatched in parcels must be returned to the following address at the Supplier’s risk:

B Logistik GmbH

Nordring 3–5, D-59320 Ennigerloh, Germany

Goods that cannot be dispatched in parcels will be collected from the Customer. The Customer must bear the costs incurred by the return of the goods if the article that has been delivered corresponds to the article that has been ordered and if the price of the article to be returned does not exceed the sum of 40 Euro (gross) or if, where the price of the article is higher, the Customer has not yet paid the consideration or a contractually agreed part payment at the time of the revocation. Otherwise, the goods can be returned free of charge for the Customer, i.e. at the Supplier’s expense.

3. In an instance of valid revocation, the Supplier will refund to the Customer any purchase price payment that has already been made. If the Customer cannot hand over the benefit that has been received in full or in part or only in an impaired condition, he must reinstate the value in question pro rata, even if the deterioration is attributable to commencement of the proper use of the goods. This will not apply if the deterioration has been caused solely by the testing of the article as would have been possible for the Customer in a shop, for example. The loss of value may correspond to the article’s total purchase price. It is possible for the Customer to prevent loss of value, in particular, by ensuring that he does not commence use of the article as an owner and desists from undertaking any action whatsoever that would reduce its value. Any obligations that exist to refund payments must be fulfilled within 30 days. The period will start to run for the Customer when the revocation declaration or the article is sent or, for the Supplier, when the declaration or article is received.

§ 9 Retention of ownership

Up until full payment has been made, the goods that have been delivered will remain the property of the Supplier.

§ 10 Data protection

1. For purposes of the completion of contracts, the Supplier will collect data relating to the Customer. In doing so, it will comply with the provisions of the German Federal Data Protection Act and the German Teleservice Data Protection Act. Without the Customer’s permission, the Supplier will only collect, process or use inventory and user data relating to the Customer if this is necessary for the realisation of the contractual relationship and for the use and billing of teleservices.

2. The Supplier will not use the data relating to the customer for purposes of advertising, marketing, market research or opinion polling without his permission.

§ 11 Final provisions

1. Contracts that have been concluded between the Supplier and the Customer will be governed by the law of the Federal Republic of Germany to the exclusion of the CISG.

2. If the Customer is a business, a legal person under public law or a separate public law fund, the place of jurisdiction for any disputes that might arise from the contractual relationship existing between the Customer and the Supplier will be the location of the Supplier’s registered office.

3. Even if individual points of the contract are legally invalid, the other parts of it will remain binding.

§ 12 Information included in accordance with the Regulation on Batteries

In connection with the distribution of ordinary batteries and rechargeable batteries (which are included in that which is supplied in the case of certain devices), the Supplier is obliged, as a distributor, to draw consumers’ attention to the following: Please dispose of used batteries as provided for by the relevant legislation; disposal in household refuse is expressly proscribed by the Regulation on Batteries. Please take them to a local authority collection point or hand them in to a local outlet free of charge. After you have used them, you can return to us any batteries you have obtained from us free of charge to the address below, or send them to us by post having affixed sufficient postage.

B Logistik GmbH

Nordring 3-5, D-59320 Ennigerloh, Germany

Batteries containing hazardous substances must be given a label, consisting of a representation of a refuse container with a cross superimposed on it and the chemical symbol (Cd = cadmium, Hg = mercury or Pb = lead) of the heavy metal that determines the classification of the contents as hazardous. You can find further information concerning such batteries in the instructions for use issued by the manufacturer in question and from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (www.bmu.de).

§ 13 Information included in accordance with the German Electrical and Electronic Equipment Act

Under the German Electrical and Electronic Equipment Act (ElectroG), manufacturers are obliged to accept the return of used electrical and electronic equipment free of charge. B Logistik GmbH does not have any brands of its own and is not subject to the registration obligation, since all the products that are distributed via the Online Shop have already been labelled by the manufacturer and also registered by it. Such used equipment can be handed in to one of the collection points established for this purpose, free of charge. Such matters will be clarified by the local authority waste management organisation. Further information about the German Electrogesetz can be obtained from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (www.bmu.de).

§ 14 Severability clause

Should one of the above provisions be or become ineffective, the validity of the other provisions will not be affected by this.

§ 15 Operation of the Claas Shops

The company, B Logistik GmbH,

of Nordring 3-5, D-59320 Ennigerloh, Germany

Telephone: +49 (0) 2524-911458, Fax: +49 (0) 2524-911422

E-mail: info@b-logistik.de

Executive director/shareholder: Hubertus Beumer

Münster local court, commercial division no. 8934