General Terms and Conditions

1. General Provisions

1.1 Scope of Application

These General Terms and Conditions (GTC) apply to all business relations between  WARGdrones GmbH, c/o Stefan Link, Elfriede-Lohse-Wächtler-Weg 26, 22081 Hamburg, DE and the contracting party in the version valid at the time of contract conclusion. Conflicting general terms and conditions of the contracting party shall not apply unless their validity is expressly agreed to in writing.

1.2 Contract Language

The contract language is German or English.

1.3 Service Provision and Conclusion of Contract

1.3.1 Service Provision

(1) Drone Systems and Equipment for Explosive Ordnance Disposal (EOD) and Electronic Warfare (EW)

WARGdrones GmbH offers drone systems as well as specialized equipment for explosive ordnance disposal (EOD) and electronic warfare (EW). The offered drone systems are designed for the neutralization of improvised explosive devices, unexploded ordnance, mines, and booby traps. The drones are operated via a control system consisting of a tablet and joysticks. Additionally,  WARGdrones GmbH offers highly specialized equipment for use in electronic warfare, which is used to disrupt or neutralize electronic systems.

(2) Spare Parts

Spare parts, such as propellers and other essential operational components, can be purchased from WARGdrones GmbH at any time and installed by the customer. Upon request, an installation service can be ordered separately.

(3) Maintenance

A maintenance contract can be concluded for the drone systems and the purchased equipment. The maintenance cycle is individually agreed upon. Before the maintenance work begins, the customer will receive a replacement drone or equivalent replacement equipment.

1.3.2 Conclusion of Contract

A contract is concluded through individual agreements of offer and acceptance. The contracting party may send an inquiry to WARGdrones GmbH, upon which a binding offer will be provided. The contract is concluded when the contracting party accepts the offer within the specified acceptance period. The contract text is not stored separately by WARGdrones GmbH; the content of the contract is defined by the individual agreements made.

1.3.3 Cancellation, Return, and Refund

Due to the bespoke nature of the products and equipment offered by WARGdrones GmbH, including drone systems, equipment for explosive ordnance disposal, and electronic warfare, an order confirmed by the contracting party cannot be altered, canceled, or returned. WARGdrones GmbH maintains a strict no-refund policy. The contracting party is responsible for ensuring the accuracy of all specifications before confirming the order. WARGdrones GmbH guarantees that the delivered products comply with the agreed-upon specifications. Any defects will be remedied at  WARGdrones GmbH  discretion through repair or replacement, with no right to cancellation, return, or refund.

1.4 Subsequent Amendments to the GTC

WARGdrones GmbH reserves the right to amend or supplement these GTC at a later date in existing business relationships, provided that changes in legislation or case law necessitate such amendments, or other circumstances significantly disturb the contractual balance. Amendments will take effect if the contracting party does not object in writing within six weeks of notification of the changes. At the start of this period, WARGdrones GmbH will expressly inform the contracting party of the consequences of silence.

2. Service Provision and Delivery

2.1 Service Provision

WARGdrones GmbH reserves the right to have the contract or parts of the contract fulfilled by third parties.

2.2 Partial Deliveries

Partial deliveries are permissible if reasonable for the contracting party. No additional shipping costs will be charged for partial deliveries.

2.3 Delays in Delivery and Service Provision

Delays in delivery or service provision due to force majeure or unforeseeable extraordinary events beyond the control of WARGdrones GmbH (e.g., natural disasters, official orders, strikes) will result in an appropriate extension of the delivery period. In such cases, WARGdrones GmbH will promptly inform the contracting party.

2.4 Exclusion of Delivery

Delivery will not be made to P.O. box addresses.

2.5 Delay in Acceptance

If the contracting party is in default of acceptance of the ordered goods or the drone system, WARGdrones GmbH is entitled to withdraw from the contract after setting a reasonable grace period and may claim damages for delay or non-performance.

2.6 Time of Service Provision

Delivery and service provision times are individually agreed upon and specified in the offer. If advance payment is agreed, the delivery period will begin only after full payment has been received. If the necessary information for delivery is not provided in a timely manner, the delivery period will be extended accordingly.

2.7 Insurances

At the request of the contracting party, the drone system or purchased equipment can be insured against theft, transport damage, or other risks. This insurance must be agreed upon separately and will incur additional costs.

2.8 Term for Maintenance

Maintenance contracts can be terminated in writing with one month`s notice before the end of the respective contract term. If the contract is not terminated in due time, it will automatically be extended for the same initial term, but no longer than one year. The right to extraordinary termination for good cause remains unaffected.

2.9 Delivery Schedule

The delivery of products or services specified in the order must occur no later than 180 days following receipt of the down payment and the official issuance of the order.

3. Payment

3.1 Prices and Shipping Costs

All prices are ex works, excluding VAT. Packaging and shipping costs will be listed separately unless otherwise agreed upon.

3.2 Storage Costs

If the shipment or delivery is delayed at the request of the contracting party,  WARGdrones GmbH reserves the right to charge any incurred storage costs.

3.3 Default in Payment

If the contracting party defaults on payment, WARGdrones GmbH is entitled to charge default interest at a rate of 9 percentage points above the European Central Bank`s base rate, as well as reminder fees. Further claims for damages remain reserved.

3.4 Right of Retention

The contracting party may only assert a right of retention for counterclaims that are due and based on the same legal relationship as their obligation.

4. Responsibilities of the Contracting Party

4.1 General Duties

The contracting party is responsible for the accuracy of the data and information they provide. The contracting party must ensure that the information provided does not infringe third-party rights.

4.2 Indemnification

The contracting party shall indemnify WARGdrones GmbH against any claims by third parties resulting from the violation of third-party rights due to the information provided by the contracting party.

4.3 Data Backup

The contracting party is responsible for backing up their data. WARGdrones GmbH shall not be held liable for data loss.

5. Retention of Title

WARGdrones GmbH retains title to the delivered goods until full payment has been made.

6. Warranty

The statutory warranty provisions apply.

7. Liability

WARGdrones GmbH`s liability is limited to intent and gross negligence.