General Terms and Conditions

Last updated: September 2026

This is a courtesy translation. Only the German version is legally binding: Allgemeine Geschäftsbedingungen.

§ 1 Scope

(1) These General Terms and Conditions (“Terms”) apply to all contracts, deliveries and services between SCC Courts GmbH, Hummelsbütteler Kirchenweg 6, 22335 Hamburg, registered in the commercial register of the Amtsgericht Hamburg (Hamburg Local Court) under HRB 191113, represented by its managing director Benjamin Frucht (“SCC Courts”), and its customers.

(2) These Terms apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law.

(3) Conflicting, deviating or supplementary general terms and conditions of the customer only become part of the contract if SCC Courts has expressly agreed to their validity in text form.

(4) These Terms, as amended from time to time, also apply to future contracts with the same customer without SCC Courts having to refer to their validity again.

(5) The temporary rental of Pop-Up Courts is governed primarily by the Special Rental Terms for Pop-Up Courts (www.scc-courts.de/en/rental-terms). These Terms apply on a supplementary basis in that respect.

§ 2 Subject matter of the contract

(1) The subject matter of the contract is the sale and delivery and – where agreed – the planning, consulting, coordination and installation of padel courts, sports facilities and related components.

(2) Installation is carried out by SCC Courts or by qualified specialist companies or subcontractors on behalf of SCC Courts.

(3) The nature, scope and execution of the services are determined by the respective offer, the technical specification and the order confirmation issued by SCC Courts.

(4) SCC Courts reserves the right to make technical changes, design changes and production-related adjustments, provided these are reasonable for the customer and do not significantly impair the use of the goods or services as contractually intended.

§ 3 Conclusion of contract

(1) Offers made by SCC Courts are subject to change and non-binding unless they are expressly marked as binding.

(2) The customer’s order, including by signing an offer, constitutes a binding offer to conclude a contract. The contract is concluded by

  • SCC Courts’ order confirmation in written or text form, or
  • SCC Courts commencing performance.

(3) If an offer is expressly marked as binding, the contract is concluded upon the customer’s timely acceptance.

(4) Amendments, supplements or collateral agreements require at least text form (e.g. email). Individual agreements take precedence over these Terms.

§ 4 Prices and terms of payment

(1) All prices are net prices plus the statutory value added tax applicable at the time.

(2) Unless otherwise agreed, payment is made as follows:

  • 50% down payment when the order is placed,
  • 40% before delivery of the goods,
  • 10% after completion of the installation work.

(3) Invoices are due for payment without deduction within 7 calendar days of the invoice date.

(4) Payment is deemed timely when it is received by SCC Courts.

(5) In the event of late payment, the statutory provisions apply. SCC Courts is entitled to charge default interest of 9 percentage points above the applicable base rate as well as the flat-rate default fee of €40 (§ 288(5) BGB). SCC Courts reserves the right to claim further damages.

(6) SCC Courts is entitled to carry out deliveries or services only against advance payment or the provision of security if, after the contract has been concluded, circumstances become known that give rise to doubts about the customer’s ability to pay.

(7) The customer may only set off or exercise a right of retention with claims that are undisputed, have been finally determined by a court or have been acknowledged by SCC Courts. This does not apply to the customer’s counterclaims for defects arising from the same contractual relationship.

§ 5 Delivery, delivery periods and installation

(1) Delivery dates and delivery periods are only binding if they have been expressly agreed as binding in written or text form.

(2) Delivery periods only begin after

  • full technical clarification of the project,
  • receipt of all documents to be provided by the customer,
  • receipt of agreed down payments, and
  • fulfilment of all of the customer’s obligations to cooperate.

(3) Delays in delivery and performance due to force majeure or other unforeseeable events beyond SCC Courts’ control – in particular supply shortages despite timely ordering, strikes, official measures, transport disruptions, power failures, war, pandemics or natural events – extend agreed deadlines by the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than three months, both parties are entitled to withdraw from the contract with regard to the part not yet performed; payments already made for services not rendered will be refunded without undue delay.

(4) SCC Courts will inform the customer of significant delays without undue delay.

(5) If SCC Courts owes delivery only, shipment is made ex works or ex warehouse at the customer’s risk; this also applies to carriage-paid delivery. If SCC Courts also owes installation, the risk passes to the customer upon acceptance; § 644(1) sentence 2 BGB remains unaffected.

(6) Partial deliveries are permitted insofar as they are reasonable for the customer.

(7) The customer must ensure that

  • the site is freely accessible and meets the requirements of the “Delivery & Installation” checklist,
  • the necessary permits have been obtained,
  • suitable foundations and sub-surfaces are in place,
  • power and water connections are available, and
  • all on-site requirements are met in good time.

(8) Delays or additional costs resulting from the customer’s failure to cooperate are borne by the customer.

(9) Unless otherwise agreed, the customer must dispose of packaging materials and other transport aids properly.

§ 6 Retention of title

(1) The goods delivered remain the property of SCC Courts until all claims arising from the business relationship have been paid in full.

(2) The customer is obliged to handle the goods subject to retention of title with care and to insure them adequately at its own expense against damage, destruction and theft.

(3) The resale of goods subject to retention of title in the ordinary course of business is permitted. The customer hereby assigns to SCC Courts all claims arising from the resale in the amount of SCC Courts’ invoice; SCC Courts accepts the assignment.

(4) The customer must notify SCC Courts without undue delay of any third-party access to the goods subject to retention of title.

(5) If the realisable value of the securities exceeds the claims to be secured by more than 10%, SCC Courts will release securities of its choice at the customer’s request.

§ 7 Acceptance

(1) Where acceptance is provided for by law or agreed in the contract, the customer must accept the services without undue delay after completion.

(2) Acceptance is deemed to have taken place if

  • the customer puts the facility into use as intended,
  • the customer refuses acceptance without specifying at least one defect, or
  • SCC Courts has set the customer a reasonable deadline for acceptance after completion and the customer has not refused acceptance within this deadline, specifying at least one material defect (§ 640(2) BGB).

(3) Immaterial defects do not entitle the customer to refuse acceptance.

§ 8 Claims for defects

(1) The limitation period for claims for defects is one year from delivery or acceptance. This does not apply to claims for damages based on intent, gross negligence or injury to life, body or health, in the event of fraudulent concealment of a defect, where a guarantee has been given, or in the cases of §§ 438(1) no. 2, 445b and 634a(1) no. 2 BGB; in these cases the statutory periods apply.

(2) Obvious defects must be notified to SCC Courts in text form without undue delay, at the latest within 7 calendar days of delivery or acceptance. Otherwise, § 377 HGB (German Commercial Code) applies.

(3) Hidden defects must be notified in text form without undue delay after discovery.

(4) In the case of justified defects, SCC Courts will, at its option, remedy the defect or deliver a replacement.

(5) If subsequent performance fails, the customer is entitled to reduce the price appropriately or to withdraw from the contract. Claims for damages exist only in accordance with § 9.

(6) In particular, the following do not constitute defects: damage resulting from

  • improper use,
  • incorrect or omitted maintenance,
  • normal wear and tear,
  • excessive stress,
  • unsuitable sub-surfaces provided by the customer,
  • external influences, unless these are due to a defect in the goods or services,
  • interference by third parties.

(7) If repairs or modifications are carried out without SCC Courts’ consent, claims for defects lapse insofar as the defect is attributable to them.

§ 9 Liability

(1) SCC Courts is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, and to the extent of any guarantee it has given.

(2) In the event of a slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

(3) In all other respects, liability for slight negligence is excluded.

(4) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

(5) Insofar as liability is excluded or limited, this also applies in favour of SCC Courts’ legal representatives, employees, vicarious agents and subcontractors.

(6) Subject to paragraphs 1, 2 and 4, SCC Courts is not liable for indirect damage, loss of profit, loss of production or business interruption.

§ 10 Confidentiality

(1) Both parties undertake to keep confidential all confidential information received in the course of the business relationship.

(2) The information may only be used for the performance of the respective contract.

(3) The confidentiality obligation continues to apply after the end of the contractual relationship.

§ 11 Data protection

(1) SCC Courts processes personal data in accordance with the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Further information can be found in the privacy policy at www.scc-courts.de/en/privacy-policy.

§ 12 Choice of law, place of jurisdiction and place of performance

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance for payments is Hamburg. The place of performance for deliveries and services is the place of delivery or installation agreed in the contract, otherwise Hamburg.

(3) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Hamburg, provided the customer is a merchant, a legal entity under public law or a special fund under public law. SCC Courts is also entitled to sue the customer at the customer’s general place of jurisdiction.

§ 13 Severability clause

(1) Should individual provisions of these Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected.

(2) The invalid or unenforceable provision is replaced by the statutory provisions.