Antriebstechnik Schmidt
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Terms & Conditions

Antriebstechnik Schmidt GmbH, Sandweg 2, 34633 Ottrau-Weißenborn, Germany — as of August 2026

This is a convenience translation of our German Allgemeine Geschäftsbedingungen. In case of any discrepancy, the German version prevails.

§ 1 Scope

(1) These general terms and conditions (GTC) apply to all contracts for the supply of goods (in particular gear sets, ring-and-pinion sets, limited-slip differentials, drive shafts and other transmission and drivetrain parts) and for work services (in particular gearbox rebuilds and manufacturing to drawing or sample) between Antriebstechnik Schmidt GmbH (“we”, “us”) and our customers.

(2) A consumer is any natural person concluding the contract for purposes which are predominantly outside their trade, business or profession (sec. 13 German Civil Code, BGB). An entrepreneur is a natural or legal person or partnership with legal capacity acting in the exercise of their trade, business or profession (sec. 14 BGB).

(3) Deviating, conflicting or supplementary terms of the customer only become part of the contract if we have expressly agreed to them in writing.

§ 2 Contract formation

(1) The presentations on this website are non-binding and do not constitute a legally binding offer; they are an invitation to send an inquiry. We do not operate an online ordering system with payment function.

(2) Contracts are concluded individually: upon the customer's inquiry (e.g. via the inquiry form, by email or by phone) we prepare a quote, usually by email. The contract is concluded upon the customer's acceptance of the quote and our order confirmation, likewise usually by email.

(3) The order confirmation and these GTC govern the content of the contract. Technical information on the website (e.g. ratios, tolerances, model assignments) is descriptive and does not constitute a guarantee within the meaning of sec. 443 BGB unless expressly designated as such.

§ 3 Prices and payment

(1) The prices stated in the respective quote apply. For consumers we quote final prices including statutory VAT; for entrepreneurs prices are net plus statutory VAT. Shipping and packaging costs are itemised separately in the quote. Every delivery comes with a proper invoice showing VAT.

(2) Payment is made, as agreed, by prepayment (bank transfer), cash on delivery, or cash upon collection. With prepayment we ship after receipt of payment.

(3) For custom builds, one-offs and manufacturing to drawing or sample, a deposit of 50% of the order value is due upon placing the order (receipt provided); the balance is due upon completion before delivery or upon collection.

(4) The customer may only set off counterclaims that are legally established, undisputed or acknowledged by us. Rights of retention may only be exercised for counterclaims arising from the same contractual relationship.

§ 4 Delivery, collection, passing of risk

(1) Delivery dates and periods are binding only if we have expressly confirmed them as binding. For stocked items we state the expected dispatch time in the quote; for rebuilds and custom work the period depends on the scope of work and is stated in the quote.

(2) If the customer is a consumer, the risk of accidental loss or deterioration of the goods passes to the customer only upon handover. If the customer is an entrepreneur, the risk passes upon handover to the carrier.

(3) Collection at our works (Sandweg 2, 34633 Ottrau-Weißenborn, Germany) is possible by appointment.

§ 5 Sending in parts, rebuild and manufacturing orders

(1) For rebuild and repair orders the customer sends in the gearbox or assembly removed from the vehicle, drained of oil and packed securely for transport, or delivers it by appointment. We do not carry out work on or in customers' vehicles; removal and installation are not part of the contract.

(2) After receipt and assessment the customer receives a quote for the required work. If the necessary scope of work only becomes apparent after disassembly, we agree additional work with the customer before carrying it out.

(3) If no order is placed after assessment, we return the parts sent in at the customer's request and expense; any agreed assessment fee remains unaffected.

(4) Where we manufacture to the customer's drawing, sample or other specifications, the customer warrants that carrying out the work does not infringe third-party rights (e.g. IP rights) insofar as the customer supplied the specifications.

§ 6 Retention of title

(1) Delivered goods remain our property until paid for in full.

(2) If the customer is an entrepreneur, the following applies in addition: the customer may resell the goods subject to retention of title in the ordinary course of business; the customer hereby assigns to us all resulting claims up to the invoice amount. We accept the assignment.

§ 7 Right of withdrawal for consumers

For contracts concluded exclusively by means of distance communication (e.g. email, phone), consumers have a statutory right of withdrawal in accordance with the following instruction:

Instruction on withdrawal

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you other than the carrier, take(s) possession of the goods; for contracts for work or services, from the day the contract is concluded.

To exercise the right of withdrawal, you must inform us (Antriebstechnik Schmidt GmbH, Sandweg 2, 34633 Ottrau-Weißenborn, Germany, phone +49 6628 9159093, email info@antriebstechnik-schmidt.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested that services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated your withdrawal, in comparison with the full coverage of the contract.

End of the instruction on withdrawal.

Exclusion and expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and that are made on the basis of an individual choice or decision by the consumer, or that are clearly tailored to the consumer's personal needs (sec. 312g (2) no. 1 BGB) — in particular custom builds, reproductions and manufacturing to drawing, sample or individually selected gear ratio. For work and services the right of withdrawal expires if we have fully performed the service and only began performance after the consumer gave their express consent and at the same time confirmed their knowledge that they lose their right of withdrawal upon our full performance of the contract.

Model withdrawal form

(If you wish to withdraw from the contract, please fill in this form and return it to us.)

(*) Delete as appropriate.

§ 8 Warranty (liability for defects)

(1) Statutory defect rights apply unless otherwise provided below.

(2) If the customer is an entrepreneur, the limitation period for defect claims for new goods and work services is one year from delivery or acceptance; defect claims for used goods are excluded. This does not apply to damage claims under § 10 of these GTC, to fraudulent concealment of a defect, to the cases of secs. 438 (1) no. 2 and 634a (1) no. 2 BGB, or to supplier recourse (sec. 445b BGB). Entrepreneurs are subject to the duty to inspect and give notice of defects under sec. 377 German Commercial Code (HGB).

(3) Natural wear, improper installation, faulty commissioning (e.g. wrong or missing oil, incorrect tooth contact pattern after third-party assembly) and damage caused by excessive loads — in particular in motorsport use — are not defects within the meaning of the law.

(4) Information on intended use and vehicle assignment does not release the customer from verifying suitability for the specific application. We recommend having transmission parts installed by a specialist workshop. Parts intended and marked for motorsport are not approved for use on public roads; the customer is responsible for verifying the legality of their use.

§ 9 Customer-supplied used parts

For parts supplied or sent in by the customer (e.g. gearbox housings, cores) we are liable only in accordance with § 10. Old parts not collected or reclaimed may, after written request with a reasonable deadline, be stored or disposed of at the customer's expense.

§ 10 Liability

(1) We are liable without limitation for intent and gross negligence, for culpable injury to life, body or health, under the German Product Liability Act, and within the scope of any guarantee we have given.

(2) In the event of a slightly negligent breach of an obligation whose fulfilment is essential for the proper performance of the contract and on whose observance the customer may regularly rely (cardinal obligation), our liability is limited to the foreseeable damage typical of the contract.

(3) In all other respects, liability for slight negligence is excluded. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives and vicarious agents.

§ 11 Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state of their habitual residence.

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

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

(4) In case of discrepancies between the German version (AGB) and this English translation, the German version prevails.

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