Responsible as a service provider within the meaning of press law and § 6 of the Mediendienste-Staatsvertrag (MDStV):
Phone: +49 7741 96 58 08 0
Business hours Monday to Friday: Monday to Friday, 8.00 to 16.30 o'clock
Provider identification according to §5 TMG:
Managing Director: Frank Schäfer
Register court. Freiburg, HRB 712206
Freiburg, HRB 712206
Sales tax number:
DE 297 315 514
Responsible for content according to §55 Abs. 2 RStV:
The images that are used here on this website come from:
EU platform for out-of-court online dispute resolution:
1. content of the online offer
The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded, unless there is evidence of wilful intent or gross negligence on the part of the author.
All offers are subject to confirmation and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to temporarily or permanently cease publication.
2. references and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowlegde of illegal contents and would be able to prevent the visitors of his site from viewing those pages.
The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence whatsoever on the current and future design, content or authorship of the linked pages. The author therefore expressly distances himself from all contents of all linked pages that have been changed since the link was created. This statement applies to all links and references set within the author's own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists and in all other forms of databases set up by the author to whose content external write access is possible. For illegal, incorrect or incomplete contents and in particular for damage, which develops from the use or disuse of such information, alone the offerer of the side, to which one referred, is responsible, not that, which refers over left to the respective publication only.
3. copyright and trademark law
The author endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to make use of licence-free graphics, sound documents, video sequences and texts.
All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere fact that a trademark is mentioned should not lead to the conclusion that it is not protected by the rights of third parties!
The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. General terms and conditions of sale
The following General Terms and Conditions of Sale shall apply exclusively to contracts - including future contracts - between the company CST GmbH, represented by the managing director Frank Schäfer, Daimlerstr. 15, 79761 Waldshut-Tiengen, Germany (hereinafter referred to as "CST") and the other contracting party (hereinafter referred to as "Buyer"). Deviating provisions in the Buyer's General Terms and Conditions are therefore expressly contradicted, unless CST has expressly agreed to their validity in writing. CST's terms and conditions of sale shall also apply if CST unconditionally fulfils its contractual obligations in the knowledge that the purchaser's terms and conditions of sale conflict with or deviate from those of CST.
2. all agreements made between CST and the purchaser for the purpose of executing this contract shall be set out in writing in this contract.
3. these terms and conditions shall apply mutatis mutandis to work contracts and mixed contracts.
4. CST shall have sole ownership and copyright to the illustrations, drawings, calculations and other documents made available to the purchaser. They may only be disclosed to third parties with the express consent of CST, especially in the case of confidentiality notices. The obligation to maintain secrecy shall continue to apply even after completion of the contract and shall only expire if and to the extent that the manufacturing knowledge contained in the illustrations, drawings, calculations and other documents provided has become generally known.
5 In connection with the purchaser's orders, information received by CST shall not be deemed confidential.
2. Conclusion of Contract - Prices - Terms of Payment
1. All declarations and agreements between CST and the purchaser concerning the contract, its conclusion and execution must be made in writing.
2. Offers from CST and drawings, illustrations, dimensions, weights and other performance data contained therein are non-binding. CST shall be bound to the prices in offers expressly marked as binding for three months from the date of the offer.
3. A contract shall only be concluded with CST's order confirmation in written or text form. If, however, CST offers its goods or services within the framework of an online auction and the buyer places a bid on one or more of the items offered online, the contract shall come into effect upon placing the bid or its receipt by CST. Prerequisites for this are the auction rules applicable in each case, e.g. the expiry of the auction, no higher bid by other bidders, etc. 4.
4. Unless otherwise stated in the order confirmation, CST's prices shall apply "ex works", excluding packaging; this shall be invoiced separately.
5. the statutory value added tax is not included in CST's prices; it shall be shown separately in the invoice at the statutory rate on the date of invoicing.
6. the deduction of discount requires special written agreement.
7. Unless otherwise stated in the order confirmation, the net purchase price (without deduction) is due for payment within 15 days of the invoice date. The statutory regulations concerning the consequences of default in payment shall apply.
8. the purchaser shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or acknowledged by CST. In addition, he shall be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
9. if CST becomes aware of circumstances which call into question the creditworthiness of the purchaser, in particular failure to make due payments, CST may demand immediate payment of the entire remaining debt. Furthermore, in this case CST shall be entitled to render outstanding services only against advance payment or to demand securities.
10. If the buyer is a consumer (§ 13 BGB), he has a right of revocation according to the following regulations.
Right of revocation
The buyer can revoke his contract explanation within two weeks without indication of reasons in text form (e.g., letter, fax, e-mail or by return of the thing). The period begins at the earliest with receipt of this instruction. The timely dispatch of the revocation or the goods suffices to comply with the revocation period.
Exceptions are custom-made products as soon as the execution has begun.
The revocation is to be addressed to: CST GmbH, Daimlerstr. 15, 79761 Waldshut-Tiengen, Germany
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If the purchaser cannot return the received performance to CST in whole or in part or can only return it in a deteriorated condition, the purchaser must compensate CST for the loss in value.
The purchaser shall pay compensation for any deterioration caused by the intended use of the goods. The buyer may examine the commodity carefully and carefully. The loss of value, which leads to the fact that the goods can no longer be sold as "new" due to the use going beyond the pure examination, has to be borne by the buyer. The same applies in the event of damage to the returned goods.
As far as possible, the original packaging must be used for the return. When returning technical equipment, all warranty and service documents must be enclosed.
The purchaser can avoid the obligation to pay compensation by not using the goods as an owner and refraining from doing anything that could impair their value.
3 Delivery time and services to be provided by the buyer
1 Delivery dates and periods are non-binding. The delivery period shall not commence before complete clarification of the technical details of the order, the agreed receipt of documents and/or down payments and the fulfilment of other obligations by the purchaser.
Compliance with CST's obligation to deliver shall also be subject to the timely and proper fulfilment of the purchaser's obligation. The defence of non-performance of the contract shall remain reserved.
3 Unless otherwise stated in the order confirmation, delivery "ex works" is agreed.
4 CST shall be entitled to make partial deliveries and render partial services at any time.
5. if the purchaser is in default of acceptance or culpably violates other duties to cooperate, CST shall be entitled to demand compensation for the damage incurred by CST in this respect, including any additional expenses. CST reserves the right to assert further claims.
6. if the conditions of § 3 para. 5 are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the purchaser at the point in time at which the purchaser is in default of acceptance or debtor's delay.
7. the buyer shall be obliged to complete all buyer's or customer's work arising from the contract before the agreed delivery or assembly date. Thus, a construction site must be easily accessible. If official or other approvals are required for the delivery or assembly work, the Buyer shall be responsible for obtaining the necessary approvals. If the purchaser has not fulfilled his obligations by the agreed date and CST thereby has to wait or do additional work which has not been contractually agreed, CST shall charge the purchaser 100.00 EUR incl. VAT per hour per employee for these times. CST does not carry out installation work on public water/sewage pipes or connections to the electricity grid. In the event of self-installation by the purchaser or a craftsman commissioned by the purchaser, etc., CST shall not be liable for any damage caused to the purchased item or its accessories. CST also accepts no liability for the improper excavation of an excavation pit by third parties.
8 CST shall be liable in accordance with the statutory provisions insofar as the underlying purchase contract is a fixed transaction within the meaning of § 286 Para. 2 No. 4 BGB or § 376 HGB (German Commercial Code). CST shall also be liable in accordance with the statutory provisions if, as a result of a delay in delivery for which CST is responsible, the purchaser is entitled to assert that his interest in the further fulfilment of the contract has ceased.
9 Furthermore, CST shall be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which CST is responsible; any fault of its representatives or vicarious agents shall be attributed to CST. If the delay in delivery is not due to an intentional breach of contract for which CST is responsible, the liability for damages shall be limited to the foreseeable, typically occurring damage.
10 CST shall also be liable in accordance with the statutory provisions insofar as the delay in delivery for which CST is responsible is based on the culpable breach of an essential contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
11. further legal claims and rights of the buyer remain reserved.
4 Investigation of defects - liability for defects
1. claims for defects by the purchaser presuppose that the purchaser has duly fulfilled his obligations to inspect and notify defects in accordance with § 377 HGB (German Commercial Code). However, in the case of custom-made products in accordance with the information or dimensions provided by the purchaser, CST shall not be liable for defects which are based on errors or inaccuracies in the information and dimensions.
2. CST shall be entitled to the right to choose subsequent performance pursuant to § 439 para. 1 BGB (subsequent improvement or subsequent delivery).
CST shall be liable in accordance with the statutory provisions if the purchaser asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of CST's representatives or vicarious agents. Insofar as CST is not accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.
4. CST shall be liable in accordance with the statutory provisions insofar as CST culpably violates an essential contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
Liability for culpable injury to life, limb or health shall remain unaffected; this shall also apply to mandatory liability under the Product Liability Act.
6 Unless otherwise agreed above, liability shall be excluded.
7 In the event of withdrawal from the contract, CST shall refund the purchase price less an amount taking into account the age of the delivery.
8. if the operating or maintenance instructions of CST are not followed, changes are made to the services, parts are replaced or materials are used, any warranty claims shall lapse. The same shall apply if CST's services are not used in accordance with the contract or are used together with external services or if the defect in the service is based on design documents or other specifications provided by the buyer.
9 The limitation period for warranty claims shall be 12 months, calculated from the transfer of risk.
10. the limitation period in the case of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years, calculated from delivery of the defective item.
5 Total liability
Any further liability for damages than provided for in § 4 shall be excluded - irrespective of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for material damage in accordance with § 823 BGB. 2.
2. the limitation according to § 5 paragraph 1 is also valid, as far as the buyer instead of a claim for compensation of the damage, instead of the achievement demands compensation of useless expenditures.
3 Insofar as the liability for damages against CST is excluded or limited, this shall also apply with regard to the personal liability for damages of employees, workers, staff, representatives and vicarious agents of CST.
6 Retention of title
CST shall retain title to the object of sale until receipt of all payments arising from the delivery contract. In the event of breach of contract by the purchaser, in particular default in payment, CST shall be entitled to take back the object of sale. The taking back of the object of sale by CST shall constitute a withdrawal from the contract. After taking back the object of sale, CST shall be entitled to sell it; the proceeds of such sale shall be offset against the Buyer's liabilities - less reasonable selling costs. 2.
The purchaser is obliged to treat the object of purchase with care; in particular, he is obliged to sufficiently insure it at his own expense at replacement value against fire, water and theft damage. If maintenance and inspection work is necessary, the purchaser must carry this out in good time at his own expense.
3 In the event of seizures or other interventions by third parties, the purchaser must notify CST immediately in writing so that CST can bring an action in accordance with § 771 ZPO (Code of Civil Procedure). If the third party is not in a position to reimburse CST for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the purchaser shall be liable for the loss incurred by CST. 4.
The purchaser is entitled to resell the object of purchase in the ordinary course of business; however, he hereby assigns to CST all claims in the amount of the final invoice amount (including VAT) of CST's claim accruing to him from the resale against his customers or third parties, irrespective of whether the object of purchase has been resold without or after processing. The purchaser remains authorised to collect this claim even after the assignment. CST's right to collect the claim itself remains unaffected by this. However, CST undertakes not to collect the claim as long as the purchaser meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no petition for the opening of composition or insolvency proceedings has been filed or payments have been suspended. If this is the case, however, CST may demand that the purchaser discloses the assigned claims and its debtors to CST, provides all information required for collection, hands over the relevant documents and notifies the debtors (third parties) of the assignment.
The processing or transformation of the object of sale by the purchaser shall always be carried out for CST. If the object of sale is processed with other objects not belonging to CST, CST shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including VAT) to the other processed objects at the time of processing. In all other respects, the same shall apply to the object created by processing as to the object of sale delivered subject to reservation of title.
If the purchased item is inseparably mixed with other items not belonging to CST, CST shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing is carried out in such a way that the buyer's item is to be regarded as the main item, it shall be deemed agreed that the buyer transfers co-ownership to CST on a pro rata basis. The purchaser shall keep the sole ownership or co-ownership thus created in safe custody for CST.
The purchaser shall also assign to CST the claims for securing CST's claims against him which arise against a third party through the connection of the object of sale with a piece of real estate.
8. CST undertakes to release the securities to which CST is entitled at the purchaser's request insofar as the realisable value of the securities of CST exceeds the claims to be secured by more than 10%; the choice of the securities to be released shall be incumbent on CST.
7 Industrial property rights and copyrights
If third parties assert claims against the purchaser based on the use of the service by the purchaser for infringement of industrial property rights or copyrights, the purchaser shall inform CST immediately in writing. In such cases, CST reserves the right to take all defensive, extrajudicial and judicial measures for legal defence. The purchaser shall support CST in this.
8 Applicable Law - Place of Jurisdiction - Place of Performance
1 German law shall apply exclusively to all legal relationships between CST and the purchaser. German law shall also apply to cross-border transactions to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 2.
2 The exclusive place of jurisdiction for all disputes arising from the legal relationship between CST and the purchaser shall be the place of business of CST. However, CST shall also be entitled to sue the purchaser at its general place of jurisdiction. 3.
3 Unless otherwise stated in the order confirmation, the place of performance shall be the registered office of CST.
9 Severability clause
Should any provision of these General Conditions of Sale be or become null and void, the remaining provisions shall remain in full force and effect.
Status: September 2017
5. general terms and conditions of purchase
The following General Terms and Conditions of Purchase shall apply exclusively to contracts - including future contracts - between the company CST GmbH, represented by the managing director Frank Schäfer, Daimlerstr. 15, 79761 Waldshut-Tiengen, Germany (hereinafter referred to as "CST") and the other party to the contract (hereinafter referred to as "Seller"), in the version valid at the time the order is placed. Deviating provisions in the Seller's General Terms and Conditions are therefore expressly contradicted, unless CST has expressly agreed to their validity in writing. CST's Terms and Conditions of Purchase shall also apply if CST accepts the Seller's delivery unconditionally in the knowledge that the Seller's terms and conditions conflict with or deviate from CST's Terms and Conditions of Purchase.
2. all agreements made between CST and the seller for the purpose of executing this contract shall be set out in writing in this contract.
CST shall have the sole ownership and copyright to the illustrations, drawings, calculations and other documents made available to the seller. They may only be disclosed to third parties with the express consent of CST in principle, and above all in the case of confidentiality notices. The obligation to maintain secrecy shall continue to apply even after completion of the contract and shall not expire until and to the extent that the manufacturing knowledge contained in the illustrations, drawings, calculations and other documents provided has become generally known. The seller may only use CST's documents for production on the basis of CST's order and must return them to CST without being requested to do so after the order has been processed. 4.
4 The information brought to the knowledge of the seller in connection with orders placed by CST shall be deemed confidential.
2 Conclusion of Contract - Prices - Terms of Payment
1. All declarations and agreements between CST and the seller concerning the contract, its conclusion and execution must be made in writing.
2. offers of the seller are binding and free of charge for CST.
3 The acceptance period for orders from CST shall be two weeks from the date of the offer.
4. the price stated in the order shall be binding. In the absence of a written agreement to the contrary, the price shall include delivery "free domicile", including packaging. The return of the packaging requires a special agreement. The statutory value-added tax is included in the price.
5.The due date of claims against CST shall only occur after complete receipt of the goods by CST and receipt of the proper invoice documents.
6. CST can only process invoices if these - in accordance with the specifications in CST's order - state the order number shown there; the seller is responsible for all consequences arising from non-compliance with this obligation, unless he can prove that he is not responsible for them.
7. Unless otherwise agreed in writing, CST shall pay the purchase price within 14 days of delivery and receipt of invoice with 2% discount or within 30 days of receipt of invoice without deduction.
8. CST shall be entitled to set-off and retention rights to the extent permitted by law. 9.
9. The seller may not assign, pledge or dispose of his claims against CST in any other way.
3 Delivery time
1. the delivery dates and periods stated by CST in the order shall be binding. The receipt of goods by CST shall be decisive for their compliance. 2.
2 The seller is obliged to inform CST immediately in writing if circumstances occur or become apparent to him from which it follows that the stipulated delivery time cannot be adhered to.
3 Partial deliveries and premature deliveries are not permitted. Acceptance of the service nevertheless does not alter the originally agreed terms and dates of payment. 4.
4 In the event of a delay in delivery, CST may demand a contractual penalty from the seller amounting to 0.1% of the order value per commenced day of delay, but no more than 5% of the order value. The contractual penalty shall be set off against any compensation for damages. CST shall declare the reservation of the contractual penalty at the latest upon payment of the invoice following the delayed delivery.
4 Investigation of defects - liability for defects
CST shall be obliged to inspect the goods for any deviations in quality and quantity within a reasonable period of time; the complaint shall be deemed to have been made in good time if it is received by the seller within a period of 3 working days from receipt of the goods or, in the case of hidden defects, from discovery.
CST shall be entitled to the statutory claims for defects in full; in any case, CST shall be entitled to demand that the seller remedy the defect or deliver a new item at CST's discretion. CST expressly reserves the right to claim damages, in particular damages in lieu of performance.
3. CST shall be entitled to remedy the defect itself at the supplier's expense if there is imminent danger or special urgency.
The limitation period shall be three years (§ 195 BGB). The refusal to continue negotiations in the case of disputed claims in accordance with § 203 sentence 1 BGB must be made in writing.
5 Product Liability - Indemnification - Liability Insurance Protection
If the Seller is responsible for a product damage, he shall be obliged to indemnify CST against claims for damages by third parties upon first request to the extent that the cause lies within his sphere of control and organisation and he is himself liable externally. 2.
Within the scope of his liability for cases of damage within the meaning of Clause 1, the Seller shall also be obliged to reimburse any expenses pursuant to §§ 683, 670 BGB or pursuant to §§ 830, 840, 426 BGB which arise from or in connection with a recall action carried out by CST. As far as possible and reasonable, CST shall inform the Seller of the content and scope of the recall measures to be carried out and give him the opportunity to comment. Other statutory claims shall remain unaffected.
The seller undertakes to maintain a product liability insurance with a sum insured of € 2.5 million per personal injury/property damage - lump sum. If CST is entitled to further claims for damages, these shall remain unaffected.
6 Property rights - rights of use
1. the seller shall be liable in the event of fault for ensuring that no rights of third parties within the Federal Republic of Germany or, insofar as he has been informed thereof, in the country of destination are infringed in connection with his delivery. 2. the seller shall be obliged to inform CST of any claims made by third parties at the first written request of CST.
If CST is held liable by a third party for this reason, the seller shall be obliged to indemnify CST against these claims upon first written request; CST shall not be entitled to enter into any agreements with the third party - without the consent of the seller - in particular to conclude a settlement.
The seller's obligation to indemnify refers to all expenses necessarily incurred by CST as a result of or in connection with claims asserted by a third party.
The limitation period shall be three years, calculated from the conclusion of the contract.
If illustrations, drawings, product descriptions, data sheets or other documents have been created on behalf of CST, the Seller hereby assigns to CST the exclusive and unrestricted rights of use and exploitation as well as industrial property rights. Seller grants CST the exclusive and unrestricted right of use for all results covered by copyright. Seller agrees that CST may, without Seller's consent, transfer this right to others, grant other rights of use or otherwise dispose of it in each individual case. All claims of the seller with regard to the transfer of the aforementioned rights to the results of his work shall be settled by the agreed remuneration or purchase price. 6.
6) The work results created for CST may be used and published exclusively and without restriction by CST.
7. if third parties assert claims against CST due to the use of the service by CST - based on the culpably defective delivery of the seller - due to infringement of industrial property rights or copyrights, the seller must take the necessary defensive and extrajudicial measures for legal defence. In the event of culpably defective delivery, the seller shall indemnify CST against all expenses and damages incurred by CST as a result of or in connection with claims asserted by a third party.
7 Retention of title - provision of materials - tools
1 If CST makes parts available to the seller, CST reserves ownership of them. Processing or transformation by the seller shall be carried out for CST. If the reserved goods are processed by CST with other objects not belonging to CST, CST shall acquire co-ownership of the new object in the ratio of the value of the object from CST (purchase price plus VAT) to the other processed objects at the time of processing.
If the object provided by CST is inseparably mixed with other objects not belonging to CST, CST shall acquire co-ownership of the new object in the ratio of the value of the reserved object (purchase price plus VAT) to the other mixed objects at the time of mixing. If the mixing is carried out in such a way that the seller's item is to be regarded as the main item, it shall be deemed agreed that the seller shall transfer co-ownership to CST on a pro rata basis; the seller shall keep the sole ownership or co-ownership in safe custody for CST.
CST reserves title to tools manufactured on behalf of CST; the seller is obliged to use the tools exclusively for the manufacture of the goods ordered by CST. The seller is obliged to insure the tools belonging to CST at replacement value against fire, water and theft at his own expense. At the same time, the seller hereby assigns to CST all compensation claims arising from this insurance; CST hereby accepts the assignment. The seller is obliged to carry out any necessary maintenance and inspection work on CST tools as well as all maintenance and repair work at his own expense and in good time. He shall notify CST immediately of any malfunctions; if he culpably fails to do so, claims for damages shall remain unaffected.
4 A retention of title of the seller is only effective if CST is authorized to resell and process the goods in the ordinary course of business and the retention of title expires upon payment of the purchase price.
5. if the security rights to which CST is entitled pursuant to Clause 1 and/or Clause 2 exceed the purchase price of all reserved goods not yet paid for by CST by more than 10%, CST shall be obliged to release the security rights at its discretion at the Seller's request.
8 Applicable Law - Place of Jurisdiction - Place of Performance
1 German law shall apply exclusively to all legal relationships between CST and the Seller. German law shall also apply to cross-border transactions to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 2.
2 The exclusive place of jurisdiction for all disputes arising from the legal relationship between CST and the Seller shall be the place of business of CST. However, CST shall also be entitled to sue the seller at its general place of jurisdiction. 3.
Unless otherwise stated in the order, CST's place of business shall be the place of performance.
9 Severability clause
Should any provision of these General Terms and Conditions of Purchase be or become null and void, the remaining provisions shall remain in full force and effect.
Status: September 2017