GTC
General Terms and Conditions of LionCore GmbH
Version: April 2025
§ 1 General Provisions
The following Terms and Conditions of Sale and Delivery (hereinafter referred to as “GTC”) shall apply to all legal relationships between LionCore GmbH, Stuttgart (hereinafter referred to as “LionCore”), and its customers, in particular to contracts, offers, deliveries, and other services. All services, deliveries, and offers are provided exclusively on the basis of these GTC. These GTC shall be deemed bindingly agreed upon with the conclusion of each contract.
Any conflicting or deviating terms and conditions of the customer shall not apply unless LionCore has expressly agreed to their validity in writing.
Product-related representations in LionCore’s catalogs, on its website, or in other advertising materials are non-binding and subject to change. A contract is only concluded upon written confirmation by LionCore.
LionCore may revoke offers at any time prior to acceptance by the customer. Customer orders are binding for LionCore only if confirmed in writing within two weeks or if the goods have been dispatched.
Partial deliveries and partial services are permissible provided they are reasonable for the customer. LionCore will inform the customer of this in advance with reasonable notice.
§ 2 Prices and Terms of Payment
Prices are ex works (EXW Incoterms 2020) plus the applicable statutory VAT.
LionCore is entitled to reasonably adjust prices with four weeks’ notice if total costs (e.g. for raw materials, production, energy, or labor) increase or decrease by at least 2%. Upon request, LionCore will provide the customer with corresponding reasons and evidence.
Unless otherwise agreed, invoices must be paid within 14 days from the invoice date without deductions. Any cash discounts require a separate written agreement.
The date of receipt of the payment on LionCore’s account is decisive for timely payment. Bills of exchange and checks are not accepted.
The customer may only offset claims that are undisputed or have been legally established by final court decision.
§ 3 Delivery and Delivery Times
Deliveries are made ex works (EXW Incoterms 2020) unless otherwise agreed.
Binding delivery dates require explicit written confirmation and must be stated in the order confirmation.
In cases of force majeure (e.g. war, strikes, pandemics, supply shortages), delivery times will be extended appropriately. If delays exceed six weeks and delivery remains unforeseeable, LionCore may withdraw from the contract without compensation.
The customer is obligated to provide all necessary documents and materials in a timely manner. Delays caused thereby will extend the delivery times accordingly.
A delivery deadline shall be deemed met if the goods are ready for dispatch by its expiration and the customer has been notified accordingly.
If the customer defaults on acceptance, they shall be liable for any additional costs incurred. Storage costs of 1% of the net order value per month, up to a maximum of 5%, will be charged. Both parties retain the right to prove higher or lower actual costs.
§ 4 Customer-Supplied Items
Customer-supplied items (e.g. production equipment, raw and auxiliary materials) must be delivered to LionCore free of charge. These will only be inspected by LionCore if expressly agreed.
Supplied items must comply with contractual specifications. Any additional expenses incurred due to defective supplies shall be borne by the customer.
LionCore accepts no liability for delays or damages caused by late or defective supplies.
Supplied items no longer required may be returned, stored at the customer’s expense, or disposed of after prior notification.
§ 5 Warranty
Obvious defects must be reported in writing within one week of receipt of goods, and hidden defects within one week of discovery.
LionCore is entitled to remedy defects — usually twice, or three times in the case of technically complex products — or to provide a replacement delivery.
Claims for reimbursement of transport, travel, labor, and material costs are excluded if these costs increase because the goods have been transported to a location other than the original delivery address.
The customer has no right of withdrawal in the case of minor defects.
Warranty claims expire 12 months after delivery. For used goods, any warranty is excluded, except in cases of intent, gross negligence, or injury to life, body, or health.
§ 6 Proprietary Rights and Retention of Title
LionCore retains ownership and copyright of all documents provided (e.g. drawings, plans).
Goods remain the property of LionCore until all claims arising from the business relationship have been paid in full. The customer must notify LionCore immediately of any third-party access or damage to reserved goods.
The customer may process or resell the reserved goods in the ordinary course of business. Claims arising from resale are hereby assigned in advance to LionCore.
In case of contractual breach by the customer, especially payment default, LionCore is entitled to demand the return of the goods and withdraw from the contract.
§ 7 Liability and Limitation Period
Claims for damages are excluded unless liability is mandatory (e.g. under product liability law, intent, gross negligence, or injury to life, body, health, or essential contractual obligations). In cases of simple negligence, liability is limited to typical, foreseeable damages.
Claims for damages expire 12 months after the claim arises, to the extent permitted by law.
§ 8 Place of Jurisdiction and Applicable Law
German law applies to all legal relationships, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Exclusive place of jurisdiction for all disputes is Stuttgart, Germany. However, LionCore may also bring actions at the customer’s place of business.
§ 9 Miscellaneous
Should individual provisions of these GTC be invalid, the remainder of the contract shall remain effective. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended economic purpose.
Any collateral agreements, amendments, and additions to these GTC require text form. This also applies to any waiver of this text form requirement.
Version: Stuttgart, April 2025