These General Terms and Conditions apply to all business relationships between Innogun GmbH & Co. KG, Neumühle 8, 97727 Fuchsstadt (hereinafter: Innogun) and its customers (hereinafter: Customer), in the version current at the time the contract is concluded.

These Terms and Conditions apply exclusively. Any deviating, conflicting, or supplementary terms and conditions of the customer shall only become part of the contract to the extent that Innogun has expressly agreed to their validity. This requirement for consent applies in all cases, including, for example, when Innogun carries out the delivery to the customer without reservation while being aware of the customer’s terms and conditions.

These General Terms and Conditions also apply to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310(1) of the German Civil Code (BGB).

Any legally significant statements or notices from the customer regarding the contract (e.g., setting a deadline, notice of defects, withdrawal, or reduction in price) must be submitted in writing, i.e., in written or text form (e.g., letter, email, fax). Statutory formal requirements and further evidence, particularly in cases of doubt regarding the declarant’s legitimacy, remain unaffected.

§ 2 Conclusion of the Contract

Offers from Innogun are generally subject to change without notice, unless otherwise indicated. A written or telephone order from the customer is considered by Innogun as an offer pursuant to § 145 of the German Civil Code (BGB), which the customer may accept within two weeks. A valid contract is concluded only if Innogun confirms the customer’s offer in writing (fax is sufficient).

The written purchase contract (order confirmation from Innogun), including these General Terms and Conditions, is the sole basis for the legal relationship between Innogun and the customer. This contract fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Verbal commitments made by Innogun prior to the conclusion of this contract are not legally binding, and any verbal agreements between the contracting parties are superseded by the written contract, unless it is expressly stated in each instance that they remain binding.

Information provided by Innogun regarding the purchased item (e.g., weights, dimensions, performance characteristics, tolerances, and technical specifications), as well as representations thereof (e.g., drawings and illustrations), are only approximate unless the item’s suitability for the contractually intended purpose requires exact conformity. They do not constitute guaranteed characteristics of the goods, but rather descriptions or identifications of the goods. Deviations customary in the trade and deviations resulting from legal regulations or constituting technical improvements, as well as the replacement of components with equivalent parts, are permissible provided they do not impair the suitability of the goods for the contractually intended purpose.

§ 3 Delivery, Prices

Innogun is entitled to make partial deliveries and provide partial services at any time, provided that such actions are reasonable for the customer. If Innogun makes partial deliveries, Innogun will bear the additional shipping costs.

Information regarding the estimated delivery time is non-binding unless Innogun has provided the customer with a binding written commitment in a specific case.

Unless otherwise agreed in individual cases, the prices current at the time the contract is concluded shall apply, ex warehouse, plus statutory sales tax. Any customs duties, fees, taxes, and other public charges shall be borne by the customer.

Without prejudice to its rights arising from the Customer’s default, Innogun may require the Customer to extend the delivery and performance deadlines or postpone the delivery and performance dates by the period during which the Customer fails to properly fulfill its contractual obligations to Innogun.

If Innogun is unable to deliver the ordered goods through no fault of its own because Innogun’s supplier has failed to fulfill its contractual obligations, Innogun is entitled to cancel the order with respect to the customer. However, this right to withdraw applies only if Innogun has entered into a corresponding covering transaction with the supplier in question (a binding, timely, and sufficient order for the goods) and is not otherwise responsible for the non-delivery of the goods. In such a case, Innogun will immediately inform the customer that the ordered goods are not available. Any payments already made by the customer will be refunded immediately.

If Innogun is prevented from fulfilling its delivery obligations due to unforeseen events—such as war, natural disasters, strikes, or force majeure—affecting Innogun or its suppliers, and Innogun was unable to avert such events even with the care reasonably expected under the circumstances, the delivery period shall be extended accordingly. Innogun shall also inform the customer of this without delay. The customer’s statutory claims remain unaffected by this.

§ 4 Transfer of Risk in Sales by Delivery

If the goods are shipped to the customer at the customer’s request, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover of the goods to the shipping agent or carrier. This applies regardless of whether the goods are shipped from the place of performance, who bears the shipping costs, or whether Innogun has provided any other services.

If shipment or delivery is delayed due to circumstances attributable to the customer, the risk shall pass to the customer on the day the goods are ready for shipment and Innogun has notified the customer thereof. In this case, Innogun shall have the option to store the goods at the customer’s expense.

§ 5 Retention of Title

Innogun retains title to the goods until all payments under the purchase agreement have been received (goods subject to retention of title). The customer shall indemnify Innogun against any claims by third parties, in particular— The customer must immediately notify Innogun in writing of any enforcement measures or other encroachments on its property. The customer shall reimburse Innogun for all damages and costs incurred as a result of a breach of this obligation and of any necessary measures taken to prevent third-party encroachments. If the customer acts in breach of the contract, in particular if the customer fails to meet their payment obligation despite a reminder from Innogun, Innogun may, after setting a reasonable deadline, withdraw from the contract and demand the return of the goods still in its possession. The repossession of the goods or their seizure by Innogun constitutes a withdrawal from the contract. The customer shall bear the shipping costs incurred in this process. Upon receipt of the goods, Innogun is authorized to dispose of them. The proceeds from such disposal shall be applied against the customer’s liabilities, less reasonable disposal costs.

The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to Innogun, in advance, the receivables arising from the resale of the goods subject to retention of title in the amount of the invoice amount agreed upon with the customer (including VAT). Innogun hereby accepts this assignment. This assignment applies regardless of whether the goods were resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Innogun’s authority to collect the claims itself remains unaffected. However, Innogun undertakes not to collect the claims as long as the customer meets its payment obligations from the proceeds received, is not in default of payment, and, in particular, no petition for the opening of insolvency proceedings has been filed or payments have been suspended.

Innogun agrees to release the collateral to which it is entitled at the customer’s request, to the extent that its value exceeds the claims to be secured by more than 20%.

Any processing or treatment of the purchased item by the customer shall always be carried out in the name and on behalf of Innogun. In such cases, the customer’s right to the purchased item shall continue to apply to the resulting item. If the purchased item is processed with other items not belonging to Innogun, Innogun acquires co-ownership of the new item in the ratio of the objective value of the purchased item to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing is carried out in such a way that the customer’s item is to be regarded as the principal item, it is agreed that the customer transfers proportional co-ownership to Innogun and holds the resulting sole ownership or co-ownership in trust for Innogun.

§ 6 Payment

Payment of the purchase price must be made exclusively to the account specified in the order confirmation.

The purchase price is due and payable within 14 days of the invoice date or acceptance of the goods. However, Innogun is entitled at any time, even within the context of an ongoing business relationship, to make a delivery in whole or in part only against advance payment. A corresponding reservation shall be declared no later than upon order confirmation.

Upon expiration of the above payment deadline, the customer shall be in default. During the period of default, interest shall accrue on the purchase price at the applicable statutory default interest rate. Innogun reserves the right to claim further damages resulting from the delay. With respect to merchants, the claim to commercial interest on overdue payments (Section 353 HGB) remains unaffected.

Innogun is entitled to make any outstanding deliveries only upon receipt of advance payment or securityif, after conclusion of the contract, Innogun becomes aware of circumstances that are likely to significantly impair the customer’s creditworthiness and that jeopardize the customer’s payment of Innogun’s outstanding claims arising from the respective contractual relationship (including from other individual orders covered by the same framework agreement).

The customer’s payments shall be applied to settle the oldest, due claims.

 § 7 Liability for Defects

The customer’s warranty rights are contingent upon the customer having fulfilled, in writing and without delay, the duty to inspect and give notice of defects imposed on them under Section 377 of the German Commercial Code (HGB). In particular, the customer must immediately inspect the delivered goods to determine whether they are free from defects and suitable for their intended use. Defects detectable upon inspection of the goods must be reported immediately upon receipt of the results of the proper inspection. Hidden defects must be reported immediately as soon as the customer can detect them with due care. The goods shall be deemed accepted if the notice of defects is not received by Innogun no later than the third business day after receipt of the goods or, if the defect was not detectable upon immediate and careful inspection, no later than the third business day after discovery of the defect.

Innogun shall be liable for defects existing at the time of transfer of risk for a warranty period of twelve months. In this regard, Innogun shall have the right to choose the method of remedy (rectification of the defect or replacement of the purchased item). Innogun shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transportation, travel, labor, and material costs, if a defect actually exists. However, if a request by the customer to remedy a defect proves to be unjustified, Innogun may demand reimbursement from the customer for the costs incurred as a result.

Innogun shall not be liable for defects resulting from natural wear and tear, normal wear, improper use, improper maintenance, unsuitable operating materials, excessive strain, or negligent conduct on the part of the customer, as well as fire, lightning, or explosion.

Liability for defects is excluded in cases of only minor deviations from the agreed quality or only minor impairment of usability.

Damage to the purchased item resulting from improper use does not constitute a material defect. In this regard, please refer to the product description for the specific product. If Innogun has provided a warranty for this product in its own name, such warranty shall not apply in the aforementioned case.

§ 8 Liability

Innogun is liable for damages caused by willful misconduct or gross negligence, in cases of fraudulent concealment of defects, in cases where a warranty of quality has been assumed, and for bodily injury in accordance with statutory provisions.

Innogun shall be liable for other damages caused by ordinary negligence only if a duty has been breached whose fulfillment is of particular importance for achieving the purpose of the contract (cardinal duty) and provided that the damages are typical and foreseeable in connection with the contractual use of the goods. To the extent that Innogun’s liability is excluded or limited, this also applies to the personal liability of Innogun’s employees, representatives, and vicarious agents.

Liability under the Product Liability Act remains unaffected.

§ 9 Export of the Goods

Unless Innogun has expressly consented in writing to the resale of the goods to the United States or Canada, such resale is strictly prohibited.

Export Controls, Sanctions, and Embargoes

1. The performance of this contract is subject to the condition that it is not precluded by any provisions of German, European, or other applicable foreign trade, export control, customs, embargo, or sanctions law, and that the necessary approvals, authorizations, or other official permits are in place. INNOGUN is entitled to suspend or refuse deliveries or to withdraw from the contract if there are legal prohibitions, missing approvals, or concrete indications of an impermissible end use, circumvention of sanctions, or other legal violations.

2. The customer agrees to comply with all applicable foreign trade, export control, customs, embargo, and sanctions laws. In particular, the customer shall ensure that the delivered goods are not delivered, transferred, exported, or re-exported, either directly or indirectly, to sanctioned persons, companies, organizations, or institutions, to countries or territories subject to embargoes or sanctions, or for prohibited military, defense-related, terrorist, or other impermissible end uses.

3. To the extent that delivered goods, technologies, software, accessories, spare parts, or components fall within the scope of Article 12g of Regulation (EU) No. 833/2014 and/or Article 8g of Regulation (EC) No. 765/2006, including any amendments and successor regulations, the Customer may not sell, deliver, export, re-export, transport, or otherwise make available such goods, technologies, software, accessories, spare parts, or components, either directly or indirectly, to the Russian Federation or Belarus, or for use in the Russian Federation or Belarus.

4. The Customer undertakes to impose these obligations on its customers in an appropriate manner and to take reasonable measures to prevent violations or attempts to circumvent them in the further supply chain. Upon request, the customer shall provide INNOGUN with the information, evidence, or end-use declarations necessary for verification within a reasonable period of time and shall immediately inform INNOGUN of any actual or suspected violations.

5. A culpable violation of this clause constitutes a material breach of contract to the extent that the violation significantly affects legal prohibitions, sanctions regulations, embargo regulations, licensing requirements, or the legitimate interests of INNOGUN. In such a case, INNOGUN is entitled to take appropriate remedial measures, in particular to temporarily suspend deliveries , to reject orders not yet accepted, to withdraw from the contract in accordance with statutory provisions, or to terminate it extraordinarily for good cause. Further legal claims by INNOGUN remain unaffected. This applies in

and expenses incurred by INNOGUN as a result of a culpable breach of this clause or related official measures. Statutory reporting obligations to the competent authorities also remain unaffected.

§ 10 Purchase of Weapons and Ammunition

Weapons and ammunition may only be sold to persons who have reached the age of 18. A sale and delivery are therefore only possible upon presentation of a document or official confirmation that the purchaser has reached the age of 18.

Handling weapons or ammunition listed in Appendix 2 (Weapons List), Section 2 of the Weapons Act requires a permit. Such weapons and ammunition are therefore sold and transferred only upon presentation of the relevant valid documents (e.g., hunting license, firearms ownership card, ammunition purchase permit, or a special exemption from the competent authority) in the original or as publicly (officially or notarially) certified copies of all labeled pages.

The handling of firearms or ammunition listed in Appendix 2 (Firearms List), Section 1 of the Firearms Act is strictly prohibited. Such firearms and ammunition are therefore sold and transferred only upon presentation of a corresponding exemption permit from the competent authority, either in the original or as a publicly (officially or notarially) certified copy of all labeled pages.

§ 11 Final Provisions

The legal relationships between the parties shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of Innogun.

Should any provision of these Terms and Conditions be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that most closely approximates the economic purpose of the invalid provision, or to fill the loophole.

The language of the contract is German. If any copies, etc., of this contract or other correspondence have been prepared in other languages, these are solely translations that do not have contractual validity. The German-language version shall always take precedence.