Our Terms and Conditions

General Terms and Conditions

 

§ 1 Scope

(1) These conditions of sale apply exclusively to entrepreneurs, legal persons under public law or public law special funds within the meaning of § 310 paragraph 1 BGB of the Federal Republic of Germany. Opposing or deviating from our Terms and Conditions of the customer, we recognize only if we agree to by us in writing.
(2) These Conditions of Sale apply to all future transactions with the customer, where it is related legal transactions.

§ 2 Offer and conclusion of contract
If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.


§ 3 Provided documents
Surrendered at all in connection with the award of the contract the buyer
Documents, such as calculations, drawings etc., we reserve the right of ownership and copyright. These documents may not be made available to third parties, unless we give the customer our express written consent. Insofar as we do not accept the offer of the purchaser within the time limit of § 2, the documents are returned to us immediately.


§ 4 Prices and payment
(1) Unless otherwise agreed in writing, our prices are ex-works, excluding packaging and plus VAT at the applicable rate. Packaging costs are billed separately.
(2) The payment of the purchase price must be made on the account mentioned on the order confirmation or invoice respectively. Cash discount is allowed only in special written agreement.
(3) Unless otherwise agreed, the purchase price shall be paid within 10 days of delivery. Default interest shall be payable in the amount of 8% above the base rate calculated. The assertion of a higher default damages.
(4) Unless a fixed price agreement has been made, reasonable price changes due to changes in labor, material and distribution costs for supplies, the reserved 3 months or later after conclusion.


§ 5 Offsetting and retention
The customer has the right to offset only if its counterclaims have been legally established or are undisputed. The right to retain the customer is only insofar as his counterclaim is based on the same contractual relationship.

§ 6 Delivery
(1) The beginning of the specified delivery time to the timely and
proper fulfillment of the obligations of the customer require. The defense of breach of contract are reserved.
(2) If the customer is in default of acceptance or if he culpably violates other
Obligations to cooperate, we are entitled to demand compensation for the damage caused, including any additional expenses. Further claims are reserved. Provided that the aforementioned conditions, the risk of accidental loss or accidental deterioration of the goods is at the time to the customer, where that default of acceptance or payment
is.
(3) We shall be liable in the case of which we are not intentionally or negligently induced delayed delivery for each completed week of delay in the context of a lump sum compensation in the amount of 3% of the contract value, but not more than 15% of the contract value.
(4) Further legal claims and rights of the customer due to a delay in delivery
remain unaffected.


§ 7 Passing on dispatching
If the goods are shipped to the customer's request at this, so with the shipment to the customer, at the latest when they leave the factory / warehouse, the risk of accidental loss or accidental deterioration of the goods to the purchaser. This applies regardless of whether the goods are shipped from the performance or who bears the freight costs.

§ 8 Retention of title
(1) We shall retain title to the delivered goods until full payment of all claims from the contract. This also applies to all future deliveries, even if we do not always expressly refer. We are entitled to take back the goods if the buyer breaches the contract.
(2) The Purchaser shall, as long as the property has not been transferred to him, treat the goods carefully. He is also obliged to insure them at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work is carried out, the Purchaser shall execute them at his own expense. As long as ownership has not been transferred, the purchaser must notify us in writing immediately if the case of seizure or other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs pursuant to § 771, the buyer is liable for the loss incurred.
(3) The buyer is entitled to resell the goods in the normal
Of business. The claims of the buyer from the sale of the goods the customer already now assigns to us in the amount of our invoice total (including VAT). This assignment shall apply regardless of whether the goods have been resold without or after processing. The customer remains to collect the claim even after assignment. Our
Authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer meets his payment obligations from the collected proceeds, is not in default and no petition for insolvency proceedings or payments.

(4) The treatment and processing or transformation of the goods by the customer is always the name and on our behalf. In this case, is the expectant right of the purchaser of the goods to continue to the reconstructed object. If the purchased goods are processed with other items not belonging to us, we acquire co-ownership of the new object in the ratio of the objective value of our goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the cause of
Purchaser is considered the principal cause is considered to be agreed that the purchaser to us pro rata co-ownership and shall hold the sole ownership or co-ownership. To secure our claims against the customer, the ordering and such claims to us, which he is by the connection of the goods with a property against a third party, we take this assignment now.
(5) We undertake to release the securities due to us at the customer's request, if their value exceeds the claims to be secured by more than 20%.


§ 9 Warranty and complaints and recourse / manufacturer redress
(1) warranty rights of the customer require that this properly his obligations in accordance with § 377 HGB and complaint
is fulfilled.
(2) Warranty claims expire 12 months after delivery of the goods delivered to the purchaser. Before returning any goods, our consent must be obtained.
(3) we shall be the goods, subject to timely repair the defect at our option or substitute goods in spite of all due care, the delivered goods have a defect that existed at the time of transfer of risk. It is always giving us the opportunity to rectify the defect. Recourse claims remain above rules without restriction.
(4) If the remedy fails, the customer may - without prejudice to any claims for damages - rescind the contract or reduce the remuneration.
(5) Warranty claims are excluded in cases of insignificant deviations from the agreed quality, of only minor impairment of usefulness, of natural wear and tear, or damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective workmanship inappropriate foundation soil or from particular external influences that are not in the contract. If the customer or third parties improper repair or modification
made, for this and the consequences resulting therefrom consist likewise excluded.
(6) Claims by the Purchaser for the purpose of supplementary performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the delivered goods are subsequently brought to another location than the Purchaser's spent, unless the transfer is in accordance with its intended use.
(7) right of recourse against us only in so far as the purchaser has made with its customers in excess of the mandatory statutory warranty claims. The scope of the right of recourse of the customer against the supplier paragraph 6 shall apply.

§ 10 Other
(1) This Agreement and the legal relations of the parties are subject to the laws of the Federal Republic of Germany.
(2) The place of performance and jurisdiction for all disputes arising from this contract is our place of business, provided that the order confirmation states otherwise.
(3) All agreements reached between the parties in performance of this contract shall be in writing in this contract.
(4) If any provision of this Agreement be or become invalid or contain a gap, the other provisions shall remain unaffected. The parties agree to meet to replace the invalid provision with a legally valid provision which most closely approximates the economic purpose of the invalid provision or fills this gap.

As of March 2013

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