For translation of the original German version into English use Google Translator. Consider that the legal reference of our terms and conditions is in German.

We thank you for your order, which we accept under the exclusive validity of these "General Terms and Conditions" as well as terms of delivery and payment. Under (I) you will find the General Terms and Conditions for non-commercial (private) persons. Under (II) the General Terms and Conditions for Commercial Transactions (Companies)

I) General conditions of sale (GTC) for non-commercial traffic (individuals)

§ 1 Offer and conclusion of contract

The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or send the ordered goods within this period.

§ 2 Authorized documents

All documents handed over to the Purchaser in connection with the assignment of the order, Calculations, drawings, etc., we reserve the right to property and copyright. These documents may not be made accessible to third parties, unless we give the customer our express written consent. If we do not accept the offer of the Purchaser within the time limit of § 1, these documents shall be returned to us without delay.

§ 3 Prices and payment

1. Our prices include (are) sales tax (and packaging costs). Shipping and delivery costs are included in our prices (not).
2. Payment of the purchase price must be made exclusively on the account named overleaf. The deduction of cash discount is only permissible with a written special agreement.
3. Unless otherwise agreed, the purchase price is payable at the time of purchase within 10 days of delivery or on a date specified by us. Interest on arrears of 5% above the respective base rate p. a. calculated. The assertion of a higher damage caused by default remains reserved. In the event that we assert a higher arrears, the Purchaser shall have the opportunity to prove to us that the alleged default in arrears is not incurred at all or at a substantially lower rate.

§ 4 Offsetting and Retention Rights

The customer is only entitled to the set-off if his claims are legally established or undisputed. The purchaser is also entitled to set off against our claims if he asserts complaints or counterclaims from the same purchase contract. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 5 Delivery time

1. Unless an explicitly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding.

2. The commencement of the delivery time specified by us shall presuppose the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.

3. The customer is entitled to deliver the goods within a reasonable time within four weeks after a non-binding delivery date / delivery time has been exceeded. If we fail to meet an explicit delivery date / delivery period or if we are in default for a different reason, the customer must set a reasonable period of time for us to effect the service. If we allow the grace period to expire without success, then the buyer is entitled to withdraw from the purchase contract.

4. If the purchaser is in default of acceptance or if he culpably violates other cooperation obligations, we are entitled to demand compensation for the resulting damages, including possible additional expenses. We reserve the right to make further claims. The purchaser shall, on his own account, reserve the right to prove that a loss in the requested amount has not occurred at all or at least substantially lower. The risk of a accidental loss or accidental deterioration of the purchased goods shall pass to the purchaser at the time at which the buyer is in default of acceptance or default.

5. Further legal claims and rights of the customer due to a delay in delivery shall remain unaffected.

§ 6 Reservation of title

1. We retain title to the goods delivered until full payment of all claims arising from the delivery contract.

2. The purchaser is obliged to treat the purchased goods carefully as long as the property has not yet passed on to him. In particular, he is obliged to insure these at his own expense against theft, fire and water damage at his own expense (note: only necessary for the sale of high-quality goods). If maintenance and inspection work has to be carried out, the customer has to carry it out on time at his own expense. As long as the property has not yet passed, the customer has to notify us immediately in text form if the delivered object is seized or other interventions of third parties. If the third party is not able to reimburse us for judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.
3. The processing and conversion of the purchased goods by the purchaser is always carried out by name and on behalf of us. In this case, the purchaser's right to the contract is continued on the purchased item on the changed item. If the object of purchase is processed with other items not belonging to us, we acquire the co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of the processing. The same applies to the case of mixing. If the mixing takes place in such a way that the object of the purchaser is to be regarded as the main item, it is agreed that the purchaser transfers to us proportionate co-ownership and keeps the resulting sole proprietorship or co-ownership for us. In order to safeguard our claims against the purchaser, the purchaser also assigns to us those claims arising from the combination of the reserved goods with a property against a third party; We accept this assignment already now.
4. We undertake to release the securities to which we are entitled at the Purchaser's request insofar as their value exceeds the claims to be secured by more than 20%.

§ 7 Warranty and Notice of Defects

1. Insofar as the information contained in our prospectuses, advertisements and other offer documents are not expressly designated as binding by us, the illustrations or drawings contained therein are only approximate,

2. Insofar as the delivered item does not have the condition agreed between the purchaser and us or if it is not suitable for the ones required according to our contract or the general usage or if it does not have the properties which the purchaser could expect according to our public statements, To supplementary performance. This does not apply if we are entitled to refuse the supplementary performance due to the statutory provisions.

3. The purchaser shall initially have the option of making subsequent performance through rectification or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer. During the supplementary performance, the customer is not entitled to reduce the purchase price or withdraw from the contract. A subsequent improvement shall be deemed to have failed with the unsuccessful second attempt, unless the nature of the thing or the defect or the other circumstances is different. If the supplementary performance has failed or we have refused the supplementary performance as a whole, the purchaser may, at his discretion, demand a reduction of the purchase price (reduction) or declare the rescission of the contract.

4. Claims for damages to the following conditions due to the defect can only be asserted by the customer if the supplementary performance has failed or we have refused the supplementary performance. The right of the customer to assert further claims for damages under the following conditions shall remain unaffected.
5. Without prejudice to the preceding regulations and the following limitations on liability, we are fully liable for damages to life, body and health which are based on a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damages caused by liability under the Product Liability Act All damages resulting from willful or grossly negligent breaches of contract, fraud, our legal representatives or our vicarious agents. If we have given a quality and / or durability warranty with regard to the goods or parts thereof, we are also liable under this guarantee. For damages which are based on the absence of the guaranteed condition or durability, but do not occur directly on the goods, we are only liable if the risk of such damage is clearly covered by the condition and durability guarantee.

6. We shall also be liable for damages caused by simple negligence insofar as this negligence affects the violation of such contractual obligations, whose compliance is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we are only liable to the extent that the damages are typically connected with the contract and foreseeable. In the case of simple negligent violations of non-contractual subsidiary obligations, we shall not be liable. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is affected.

7. Any further liability is excluded without regard for the legal nature of the claim asserted. As far as our liability is excluded or restricted, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.

8. The warranty period is 2 years, calculated from the transfer of risk, for used items 1 year. This deadline also applies to claims for compensation for defect consequences, insofar as no claims for unauthorized action are asserted.

§ 8 Other

1. This agreement and the entire legal relations of the parties are subject to the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2. Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions remain unaffected.

 

II) General terms and conditions of business against entrepreneurs, legal persons, etc.

§ 1 scope

1. These terms and conditions of sale apply exclusively to entrepreneurs, legal persons of public law or public special funds within the meaning of § 310 Paragraph 1 BGB. Terms and conditions of the customer differing from our terms of sale shall only be recognized if we expressly agree to the validity in writing.

2. These terms and conditions of sale also apply to all future transactions with the purchaser, as far as legal transactions of a related nature are concerned (as a precaution, the sales conditions should in any case be accompanied by the order confirmation).

§ 2 Offer and conclusion of contract

If an order can be viewed as an offer according to § 145 BGB, we can accept it within two weeks.

§ 3 Leave documents

All documents submitted to the Purchaser in connection with the assignment of the order, such as, Eg calculations, drawings, etc., we reserve the right to property and copyrights. These documents may not be made accessible to third parties, unless we give the customer our express written consent. If we do not accept the offer of the Purchaser within the time limit of § 2, these documents shall be returned to us without delay.

§ 4 Prices and payment

1. Unless otherwise agreed in writing, our prices shall be ex works excluding packing and plus value added tax. Packaging costs will be charged seperately.

2. Payment of the purchase price must be made exclusively to the account mentioned. The deduction of cash discount is only permissible with a written special agreement.
3. Unless otherwise agreed, the purchase price is payable within 10 days of delivery.
   Interest on arrears of 9% above the respective base rate p.a. And a cost of 40.00 € (see Appendix 1). The assertion of a higher damage caused by default remains reserved.
4. If no fixed price agreement has been made, reasonable price changes remain due to changes in wage, material and distribution costs for deliveries made 3 months or later after conclusion of the contract.

§ 5 retention

 The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 6 delivery time

1. The commencement of the delivery time specified by us shall presuppose the timely and proper fulfillment of the obligations of the customer. The exception of the unfulfilled contract remains reserved.
2. If the purchaser is in default of acceptance or if he culpably violates other cooperation obligations, we are entitled to demand compensation for the damage incurred, including any extra charges. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased goods will pass to the purchaser at the time when the customer has been in default or default.

3. In the event of a delay in delivery caused by us not deliberately or through gross negligence, we shall be liable for a default of 3% of the delivery value, but not more than 15% of the delivery value, for each completed week.

4. Further legal claims and rights of the customer due to a delay in delivery shall remain unaffected.

 

§ 7 Transfer of risk on dispatch

If the goods are dispatched to the customer at the request of the customer, the risk of accidental loss or the accidental deterioration of the goods shall pass to the purchaser upon dispatch to the customer, at the latest upon leaving the factory / warehouse. This applies irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.

§ 8 Retention of title

1. We retain title to the goods delivered until full payment of all claims arising from the delivery contract. This also applies to all future deliveries, even if we do not always expressly refer to them. We shall be entitled to take back the purchased item if the customer behaves in breach of contract.

2. The purchaser is obliged to treat the purchased goods carefully as long as the property has not yet passed on to him. In particular, he is obliged to adequately insure these at his own expense against theft, fire and water damage at the new value (note: only permitted for the sale of high-quality goods). If maintenance and inspection work has to be carried out, the customer has to carry it out on time at his own expense. As long as the property has not yet passed, the customer has to notify us immediately in writing if the delivered item is seized or other interventions of third parties. If the third party is not able to reimburse us for judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.

3. The purchaser is entitled to resell the reserved goods in normal business transactions. The purchaser assigns the claims against the buyer from the resale of the reserved goods to us in the amount of the final invoice amount (including value-added tax) agreed with us. This assignment applies irrespective of whether the purchased item has been resold without or after processing. The Purchaser shall remain authorized to collect the receivable even after the assignment. Our power to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the customer complies with his payment obligations from the revenue collected, is not in arrears with payment and, in particular, no application for opening insolvency proceedings is filed or payment is settled.

4. The processing and conversion of the purchased goods by the purchaser is always carried out by name and on behalf of us. In this case, the purchaser's right to the contract is continued on the purchased item on the changed item. If the object of purchase is processed with other items not belonging to us, we acquire the co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of the processing. The same applies to the case of mixing. If the mixing takes place in such a way that the object of the purchaser is to be regarded as the main item, it is agreed that the purchaser transfers to us proportionate co-ownership and keeps the resulting sole proprietorship or co-ownership for us. In order to safeguard our claims against the purchaser, the purchaser also assigns to us those claims arising from the combination of the reserved goods with a property against a third party; We accept this assignment already now.

5. We undertake to release the securities to which we are entitled at the Purchaser's request insofar as their value exceeds the claims to be secured by more than 20%.

§ 9 Warranty and complaints as well as withdrawal / manufacturer regress

1. The purchaser's warranty rights presuppose that the customer has properly complied with his inspection and complaint obligations pursuant to § 377 HGB.

2. Claims for defects shall become statute barred within 12 months after delivery of the goods delivered by us to our customer. The statutory period of limitation shall apply to claims for damages in case of willful intent, gross negligence or in the case of injury to life, body or health which are based on an intentional or negligent breach of duty on the part of the user. (Note: the warranty period, with the exception of the claims for damages mentioned in sentence 2, can be completely excluded in the sale of used goods).
   Insofar as the law stipulates longer deadlines pursuant to § 438 para. 1 no. 2 BGB (buildings and objects for buildings), § 479 para. 1 BGB (recourse claim) and § 634a paragraph 1 BGB (construction defects) Goods is our consent.
   Should the delivered goods show a defect which already existed at the time of the transfer of risk, we will, at our option, repair the goods, or provide replacement goods, subject to timely notice of defect. We shall always be given the opportunity to provide supplementary performance within a reasonable period. Retention claims remain unaffected by the above regulation without restriction.
3. If the supplementary performance fails, the Purchaser may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
4. Claims for defects do not exist in the case of minor deviations from the agreed upon nature, in case of insignificant impairment of usability, in natural wear and tear or in wear and tear, as well as damage resulting from the risk of misuse or neglect Due to special external influences, which are not presupposed under the contract. If improper repair work or modifications are carried out by the purchaser or third parties improperly, there are also no claims for defects and the resulting consequences.

6. Claims of the customer due to the expenses necessary for the purpose of supplementary performance, in particular transport, travel, work and material costs shall be excluded insofar as the expenses increase because the goods delivered by us subsequently retire to a place other than the purchaser's branch office Unless the shipment corresponds to its intended use.

7. The purchaser's claims for recourse against us shall only exist insofar as the customer has not entered into any agreements with his customer beyond the legally compulsory claims for defects. In addition, Paragraph 6 shall apply mutatis mutandis to the scope of the customer's recourse against the supplier.

§ 10 Others

1. This agreement and the entire legal relations of the parties are subject to the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2. Place of performance and exclusive court of jurisdiction and for all disputes arising from this contract shall be our place of business unless otherwise stated in the confirmation of order (Note: The use of the clause is inadmissible if at least one of the parties is an enterprise not registered in the commercial register)

3. All agreements made between the parties for the purposes of the execution of this contract are set down in writing in this contract.