1 Scope of application
All offers of sale from Quartermasters made via our online store or otherwise are based on the basis of these general terms and conditions.
2 Conclusion of the Contract
Unless otherwise contractually agreed in writing, our offers are non-binding and subject to change.
By executing an order transaction, you are submitting a binding offer. Upon receipt of your order, we will confirm your order, inclusive of pricing and stock availability, with a confirmation email. A sales contract is concluded once you receive an order confirmation from us.
3 Prices and Delivery
All indicated prices are final prices, are listed in United States Dollars unless you opt to change the currency, and include statutory taxes such as value added tax (VAT). Shipping costs are separate and will be shown as part of the checkout process and before you finalise your order.
European partners delivering to locations within the European Unition purchase goods tax free. To apply for such a status you will need to have an authorised Quartermasters partner account and have provided us with proof of a valid VAT ID and have this reflected within your account. Such VAT-free trade will only be applicable to orders shipped from Quartermasters' European warehouse and not from any other warehouse.
In case of delivery from a warehouse outside of your territory or country that will result in an importation duty or other tax charge, it is your responsibility to arrange for proper customs clearance and taxation of the goods delivered. If legally required, it is also your responsibility to report your transaction to the appropriate tax authorities in accordance with legal provisions.
Quartermasters will make best efforts to ensure taht delivery takes place during the delivery times stated in the offer description.
4 Payment Due Date, Reservation of Ownership
Invoices are immediately payable and are due in advance. Payments are to be made as defined during the check-out process or as stated on any invoice provided by Quartermasters' staff.
5 Reservation of Ownership
The delivered goods remain the property of Quartermasters and no title is transferred until we have received payment in full.
The warranty against defects is based on statutory provisions. The warranty period for the sale of new goods is limited to one year.
Defects of quality can be remedied either by removal of the defects or by replacement. In case of replacement, the consumer has to return the first sent goods to us without undue delay. If supplementary performance fails, the customer hast the right of cancellation of the contract or reduction of the purchase price.
A defect is not present when the product is free from defects upon delivery to the customer and no deviations from the contractually agreed quality or assured characteristics are shown. Defects and damages resulting from the fact that the customer or an assigned third party did not adhere to the prescribed installation guide and operating conditions and operating environment, are excluded from the warranty.
In case of unjustified claims for defects which were obvious to the customer, we reserve the right to charge a reasonable administration fee of up to 50,00 €. The customer is entitled to prove that lower processing costs were incurred.
7 Obvious Defects, Transport Damage
In case of obvious defects of quality the buyer has to give notice of the defects immediately. In case of obvious damages caused during transportation, the carrier has to be informed immediately.
If the customer is a consumer, his/her warranty rights and statutory rights of return remain unaffected in case of failure to report the above mentioned complaint.
8 Drop-Shipping Deliveries
For distributors and resellers of our products we are offering to deliver the order directly to the end customer via drop shipping. If a customer in this case makes use of his revocation and return rights, such as under distance selling regulations, the end customer has the option to return the goods directly to us. The cost for the return has to be covered or reimbursed by the contractual partner of the end customer, that is the distributor or reseller, plus a processing fee as stated on the current price list.
The distributor and reseller is also obligated to pay a reasonable compensation for the returned goods, which we estimate at a flat rate of 20% of the product price.
The distributor and reseller is entitled to prove lower depreciation. We reserve the right to claim higher depreciation, if it is appropriate given the condition of the returned merchandise.
We are only liable for the following damages regardless of their legal basis: we are liable in the full amount in cases of willful misconduct or gross negligence. In case of light and moderate negligence we are liable only for any violation of obligations essential to the contract in the attainment of the contractual goal or violations which would put the attainment of the contractual goal at risk (cardinal duty). In this case, the liability is limited to typical contractual and foreseeable damages.
The statutory liability for personal and bodily injury, with a warranty (such as warranty of quality) or a procurement risk and in accordance with the Product Liability Act is not affected by the above provisions. Here we adhere to the statutory provisions.
10 Use of trademarks
A number of trademarks are utilised by Quartermasters for the purposes of communicating product stock and product offers. Only the Quartermasters word-mark and logo-mark are the property of Quartermasters. All other trademarks are property of their respective owners including, but not limited to, the Z-Wave trademark, Aeotec, and Popp & Co. all of which are owned by Aeotec Group.
Customers of Quartermasters do not receive from Quartermasters the right to use any trademark which we utilise and your local laws may require you to receive explicit permission to use any trademark from the rights holders should you be purchase products from Quartermasters for trade purposes.
11 Privacy Terms
As part of the contract, your personal data will be stored electronically. They are not used for purposes other than to fulfill the contractual relationship. Your personal data will not be transferred to third parties will not occur, unless it is required by legal or regulatory provisions.
We reserve the right to use the data as part of the German Federal Data Protection Act for advertising and newsletters. You can decline this usage.
Your contractual personal data is stored and can be requested at any time at the company Quartermasters at the above address.
The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents' accuracy, completeness or topicality.
The contract language is English.
The applicable law for the entire business relationship is exclusively the law of the Federal Republic of Germany, including the CISG (United Nations Convention on Contracts for the International Sale of Goods).
If the contractual partner is a merchant in terms of the German Commercial Code, legal entities under public law or separate funds under public law, exclusive jurisdiction over all disputes arising out or from the contracts concluded under these terms shall lay with the court at the seat of Quartermasters.