Terms and Conditions
§ 1 Scope of Application
These terms and conditions of sale apply exclusively to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310 paragraph 1 of the German Civil Code (BGB). We only recognize terms of the purchaser that conflict with or deviate from our General Terms and Conditions if we expressly agree to their validity in writing.
These terms and conditions of sale shall also apply to all future transactions with the purchaser, provided that they are legal transactions of a related nature.
§ 2 Offer and Conclusion of Contract
If an order is to be deemed an offer in accordance with Section 145 BGB, we can accept it within two weeks.
§ 3 Documents Provided
We reserve property and copyrights to all documents, such as calculations, drawings, etc., provided to the purchaser in connection with the placement of the order. These documents may not be made accessible to third parties unless we grant the purchaser our express written consent to do so. If we do not accept the purchaser's offer within the period specified in Section 2, these documents must be returned to us without delay.
§ 4 Prices and Payment
Unless otherwise agreed in writing, our prices are ex works, exclusive of packaging and plus value-added tax at the applicable rate.
Payment of the purchase price must be made exclusively to the account specified overleaf. Deduction of a discount is only permitted with a special written agreement.
Unless otherwise agreed, the purchase price must be paid within 8 days of delivery. Default interest will be charged at a rate of 9% above the respective base interest rate p.a., along with a flat-rate fee of €40. We reserve the right to assert higher damages caused by delay.
Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to altered wage, material, and distribution costs for deliveries made 3 months or later after the conclusion of the contract.
§ 5 Terms of Delivery
The seller reserves ownership of the goods delivered by him until payment of his individual claims and until settlement of any balance arising in his favor from a current account relationship.
Any processing of the delivered goods is carried out by the buyer on behalf of the seller, who also becomes the owner of the newly manufactured items.
The buyer may resell the delivered goods and the objects resulting from their processing only in the ordinary course of business. He hereby assigns the claims arising from the resale or from any other legal ground to the seller as security. He is authorized to collect the assigned claims as long as he meets his payment obligations to the seller in accordance with the contract.
The buyer must immediately transfer the amounts collected by him on behalf of the seller to the seller, insofar as the seller's claims are due. Even if the buyer does not comply with this obligation, the collected amounts belong to the seller and must be kept separately.The buyer must immediately notify the seller of any access by third parties to the goods delivered under retention of title or to the assigned claims.
He is obliged to insure the delivered goods and the newly created items against the risk of fire and theft and to provide the seller with proof of insurance upon request.
§ 6 Warranty, Notice of Defects, and Recourse/Manufacturer's Redress
Warranty rights of the purchaser require that the purchaser has properly complied with his inspection and defect notification obligations under Section 377 of the German Commercial Code (HGB).
Claims for defects prescribe in 12 months after delivery of the goods supplied by us to our purchaser. For claims for damages in cases of intent and gross negligence, as well as injury to life, body, and health based on an intentional or negligent breach of duty by the user, the statutory limitation period shall apply.
If, despite all care taken, the delivered goods exhibit a defect that was already present at the time of the transfer of risk, we will, subject to timely notification of defect, repair the goods or deliver replacement goods at our discretion. We must always be given the opportunity for supplementary performance within a reasonable period. Recourse claims remain unaffected by the above regulation without restriction.
If supplementary performance fails, the purchaser may – without prejudice to any claims for damages – withdraw from the contract or reduce the payment.
Claims for defects do not exist in the case of only minor deviation from the agreed quality, in the case of only minor impairment of usability, in the case of natural wear and tear, or in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable equipment, defective construction work, unsuitable construction ground, or due to special external influences not assumed under the contract. If repair work or modifications are carried out by the purchaser or third parties, no claims for defects shall arise for these and the resulting consequences either.
Claims of the purchaser for expenses required for the purpose of supplementary performance, in particular transport, travel, labor, and material costs, are excluded to the extent that the expenses increase because the goods delivered by us have been subsequently moved to a location other than the purchaser's establishment, unless this transfer corresponds to their intended use.
The purchaser's right of recourse against us exists only to the extent that the purchaser has not made any agreements with his customer that go beyond the statutory mandatory claims for defects. Paragraph 6 shall also apply accordingly to the scope of the purchaser's right of recourse against the supplier.
§ 7 MiscellaneousThis contract and the entire legal relationship between the parties are subject to the laws of the Federal Republic of Germany.
The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our place of business, unless otherwise specified in the order confirmation.
All agreements made between the parties for the purpose of executing this contract are set down in writing in this contract.