General Terms and Conditions of Sale, Delivery and Payment of Otto Specht GmbH & Co. KG

1. Scope of Application

These General Terms and Conditions of Sale, Delivery and Payment shall apply to all deliveries and services provided by Otto Specht GmbH & Co. KG to entrepreneurs (business customers) within the meaning of Section 14 of the German Civil Code (BGB).

Any terms and conditions of the purchaser that deviate from or supplement these Terms and Conditions shall only become part of the contract if expressly accepted by us in writing or in text form.

2. Offers and Conclusion of Contract

All offers are subject to change and non-binding.

A contract shall only be concluded upon our written order confirmation or by execution of the delivery.

Any verbal, telephone or other ancillary agreements as well as representations or promises made by our employees or representatives shall only become binding upon our written confirmation or confirmation in text form.

3. Prices

The prices agreed on the date of conclusion of the contract shall apply.

Unless otherwise agreed, all prices are quoted in Euro, ex works Stuttgart-Zuffenhausen, Germany, plus the applicable statutory value-added tax (VAT).

Packaging shall be charged at cost according to the requirements of the shipment.

For orders with a net goods value below EUR 50.00, a minimum order surcharge of EUR 15.00 shall be applied.

4. Delivery

Delivery dates and delivery periods are generally non-binding unless expressly agreed as binding in writing.

Delivery periods shall be reasonably extended in the event of force majeure or other unforeseen circumstances beyond our reasonable control.

Partial deliveries shall be permissible provided they are reasonable for the purchaser.

5. Shipment and Transfer of Risk

Shipment shall be made at the purchaser’s expense.

The risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon handover of the goods to the carrier, freight forwarder or other transport company.

Transport insurance shall only be arranged upon the purchaser’s express request and at the purchaser’s expense.

6. Complaints and Warranty

The purchaser shall inspect the goods immediately upon receipt.

Obvious defects must be reported in writing within eight (8) calendar days after receipt of the goods.

Hidden defects shall be reported in writing without undue delay after their discovery.

In all other respects, the statutory warranty provisions under applicable German law shall apply.

7. Custom-Made Products

Custom-made and special products shall be manufactured exclusively in accordance with the purchaser’s specifications.

Cancellation or return of custom-made products shall be excluded once production has commenced.

Technical modifications as well as customary deviations in dimensions, colour or materials compared with illustrations, samples or drawings shall be permissible, provided such deviations are reasonable for the purchaser.

8. Terms of Payment

Invoices are payable either within ten (10) days from the invoice date with a 2% cash discount or within thirty (30) days net without deduction.

For international deliveries, the individually agreed payment terms shall apply.

In the event of late payment, the statutory default interest and any other legal remedies shall apply.

9. Retention of Title

All delivered goods shall remain the property of Otto Specht GmbH & Co. KG until all outstanding claims arising from the business relationship have been paid in full.

The purchaser shall be obliged to handle the goods subject to retention of title with due care and to adequately protect them until ownership has passed.

10. Liability

We shall be liable without limitation in cases of intent or gross negligence as well as for damages resulting from injury to life, body or health.

In the event of a slightly negligent breach of essential contractual obligations, our liability shall be limited to the foreseeable damage typical for the contract.

Any further liability shall be excluded to the extent permitted by applicable law.

11. Data Protection

Personal data shall be processed exclusively in accordance with the applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

Further information on the processing of personal data can be found in our current Privacy Policy.

12. Reference to the Customer

Following the successful completion of a project, the Contractor shall be entitled to name the Client as a reference.

For this purpose, the Client’s company name, business name and publicly available company logo may be used on the Contractor’s website, in presentations, quotations and other marketing materials.

The Client may object to such use at any time with future effect by giving notice in text form.

13. Place of Performance and Jurisdiction

The place of performance for delivery and payment shall be Stuttgart, Germany.

The exclusive place of jurisdiction for all disputes arising from the business relationship shall be Stuttgart, Germany, provided that the purchaser is a merchant, a legal entity under public law or a special fund under public law.

14. Final Provisions

Should any provision of these General Terms and Conditions of Sale, Delivery and Payment be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

The invalid or unenforceable provision shall be replaced by the applicable statutory provision.

15. Language

These General Terms and Conditions are provided in both German and English for convenience.

In the event of any discrepancy, inconsistency or conflict between the German version and the English translation, the German version shall prevail and be legally binding.

Last update: 13.07.2026