Terms and conditions
All our offers, sales and other agreements are based on these general terms and conditions. They are deemed to have been accepted when the order is placed or when the delivery is accepted. Deviating conditions of the customer, which we do not expressly recognize in writing, are not binding for us.
Conclusion of contract
Contracts are only concluded through our written order confirmation or delivery. Other agreements or ancillary agreements as well as additions or changes to the agreements made only become effective with our written confirmation.
In the case of custom-made products, the customer is liable for the correctness of the documents to be supplied by him, such as drawings, gauges, samples and suchlike. – Categorical, we only deliver samples against payment.
Unless fixed prices have been expressly agreed, our list prices valid on the day of delivery apply plus statutory value added tax. The prices are ex works / warehouse excluding packaging.
Scope of Delivery
Our order confirmation is decisive for the scope of delivery. We reserve the right to make minor manufacturing or packaging-related deviations from the order quantity. The same applies to minor deviations from the dimensions and weight specifications for technical reasons!
The order quantity may be under or over by up to 10%. We expressly reserve the right to make partial deliveries.
The information, drawings, illustrations, technical data and service descriptions contained in our brochures, catalogs, price lists or the documents belonging to the offer are non-binding unless we expressly designate them as binding in the order confirmation.
Images, drawings, sketches and other documents remain our property even after delivery to the customer or to third parties and are subject to our copyright. They may not be reproduced or made available to others without our consent and must be returned to us immediately upon request.
If a delivery date is not specified as binding in our order confirmation, the delivery time is only deemed to be approximately agreed. Our obligation to adhere to the delivery deadline assumes the fulfillment of the due contractual obligations of the customer.
The delivery period is deemed to have been met if the delivery item has left our factory or warehouse by the end of the period or if the customer has taken over the transport as well as we have informed him that the goods are ready for dispatch.
The delivery period is extended – even within a delay in delivery – if and as long as we are due to unavoidable events, in particular force majeure, official orders, industrial action including wildcat strikes, operational disruptions or other circumstances that prevent us from fulfilling our delivery obligations.
If such a hindrance exceeds the duration of four weeks and its end is not in sight, we are thereby released from our delivery obligation. If the delivery time is extended in the above-mentioned cases or if we are released from our delivery obligation, any claims for damages or withdrawal rights of the purchaser that may be derived from this do not apply. If the aforementioned circumstances occur with the customer, the same legal consequences also apply to his purchase obligation. However, a contracting party can only invoke the circumstances mentioned here if it notifies the other contracting party immediately.
In addition, the customer can only derive compensation claims against us from delay in delivery if the exceeding of the delivery period is due to intent or gross negligence on the part of our management or one of our employees.
Transport and transfer of perils
In the absence of other agreements, shipping is uninsured and at the risk of the customer. This also applies if the delivery is made with our own vehicles. In the case of delivery with our own vehicles, we are only liable if our drivers are guilty of willful or grossly negligent behavior. The risk is transferred to the person authorized to receive the goods at the latest when the goods leave the factory / warehouse.
The type of transport is at our discretion. If the customer requests a special type of transport, we will charge him the additional costs caused by this.
Guarantee and Compensation
We are only liable for defects, including the lack of warranted properties, as follows:
Any defects must be reported immediately, in the case of recognizable defects, at the latest within 8 days of delivery of the goods – hidden defects within three days of their being identified – by registered letter. Transport damage must always be reported to the carrier. In the event of justified complaints, we can choose either a replacement delivery or a subsequent improvement.
If we have allowed a reasonable grace period set for us to elapse without having provided a replacement or remedied the defect, the customer has the right to withdraw.
Warranty claims are excluded if the customer has processed or sold the goods after discovering or should have discovered the defect, unless he can prove that the processing or sale was necessary to prevent greater damage. If the customer proves that he has processed or sold the goods without violating the obligation to notify, he can request a reduction in the purchase price for this part of the goods.
Other claims for damages from impossibility of performance, from positive breach of contract, from negligence when concluding the contract and from tort are excluded, unless they are based on intent or gross negligence. Any liability for hired labor is excluded.
Unless otherwise agreed, payments are to be made in EUR within 14 days with a 2% discount or within 30 days net. We reserve the right to grant the customer more favorable payment terms and discounts on the invoice. A discount deduction is not permitted in any case if purchase price claims are still unpaid due to older due invoices.
Bills of exchange are only accepted by agreement and subject to their discount ability. The bank discount and collection charges are to be paid immediately in cash when the claim is due. If the target is exceeded, interest of 5% above the respective base rate of the European Central Bank will be charged.
If there is a significant deterioration in the customer’s financial circumstances after the conclusion of the contract, through which our claim is endangered, we can demand – depending on the point in time at which this is asserted – immediate payment, payment on delivery or provision of a suitable security within a reasonable period of time. If the buyer does not comply with our request or does not comply in time, we can withdraw from the purchase contract. This does not release the customer from his obligations from the part of the contract that we have already fulfilled.
In the event of a judicial assertion of a claim due to default of payment by the debtor, the aim for all outstanding invoices is immediate payment as agreed. The withholding of payments or the offsetting with counterclaims of the customer that are disputed by us are not permitted.
Reservation of proprietary rights
We reserve title to all goods delivered by us until the customer has paid all future claims arising from the business relationship, in particular any current account balance.
The customer is entitled to resell the reserved goods in the ordinary course of business. The following then applies: If the sales price is not paid immediately, the purchaser must retain ownership of the sold goods vis-à-vis the customer under the same conditions under which we reserve ownership upon delivery of the reserved goods.
The purchaser hereby assigns to us the purchase price claims to which he is entitled from the resale against the customer. If the customer includes the claim from a resale in an existing current account relationship with his customers, the current account claim is assigned in full. After the balancing has taken place, it is replaced by the recognized balance, which is deemed assigned up to the amount of the original current account claim. If the reserved goods are sold with other goods that do not belong to us, the resulting claims will be assigned to us in the amount of the value of the reserved goods.
The customer is authorized to collect the claim until further notice – but he is not entitled to dispose of the claims in any other way, e.g. by assignment. We have the right to revoke the authorization to collect the claim and to collect the claims ourselves if the customer does not properly meet his payment obligations. At our request, the purchaser must provide us with the names and addresses of the customers and the amount of the assigned claims and provide us with all information that is necessary for the assertion of the assigned claims.
If the customer is in default of payment, we are entitled to demand the surrender of the goods in our property at the expense of the customer, even without exercising the right to withdraw from the contract and without setting a grace period. We must be notified immediately of any foreclosure measures taken by third parties against the goods subject to retention of title. We undertake to release the securities to which we are entitled according to the above provisions, at our discretion, at the request of the customer, insofar as the value exceeds the claims to be secured by more than 20%.
Place of jurisdiction and performance
The place of performance is the location of our company headquarters.
The place of jurisdiction for disputes with a registered trader, a legal person under public law or a special fund under public law is the court responsible for our company headquarters.
We reserve the right to sue at the customer’s headquarters. The law of the Federal Republic of Germany applies to the exclusion of the Uniform Law on the International Sale of Movable Objects and the Uniform Law on the Conclusion of International Sales Contracts for Movable Objects.