Conditions

 

 

4.1. unless expressly agreed otherwise, remuneration shall be calculated on the basis of our prices generally valid on the day of conclusion of the contract.

 

4.2. we reserve the right to adjust the agreed prices in the case of continuing obligations if a corresponding increase in costs occurs.

 

4.3. all prices are ex works in euros plus the respective statutory value added tax. Packaging, postage, insurance and other shipping costs are not included and will be invoiced separately.

 

4.4. all payments are due immediately upon receipt of invoice without deduction, unless another method of payment has been agreed.

 

4.5. non-cash payments shall only be made on account of performance and shall only be deemed payment upon irrevocable crediting. The costs of collection and redemption shall be borne by the customer.

 

4.6. from the time of default of payment, we may, subject to further claims, charge default interest to entrepreneurs in the amount of 9 percentage points above the base interest rate as well as lump-sum default costs of EUR 40.00. The assertion and proof of higher damages shall remain unaffected by this.

 

4.7. in the event of the occurrence of facts which give rise to doubts as to the customer's ability or willingness to pay (e.g. if a check or direct debit is not honored or in the event of an out-of-court debt settlement plan or application for the opening of insolvency proceedings against the customer's assets) and in the event of default in payment, we shall be entitled to postpone the performance of deliveries and services until full advance payment or the provision of appropriate security. If the customer does not comply with a corresponding request within a reasonable period of time, we shall be entitled to withdraw from the contract in whole or in part. We reserve the right to assert further claims.

 

 

5.1. deliveries shall be made in accordance with the specifications in the version current at the time of conclusion of the contract. Unless expressly agreed otherwise in writing, the responsibility for the selection of ordered products and for the results intended by the customer as well as for the interaction of individual components lies solely with the customer.

 

5.2. production-related excess or short deliveries of up to 10% of the ordered quantity are permissible.

 

5.3. delivery times requested by the customer are only binding if they are confirmed by us in writing. All agreements on delivery times are otherwise subject to the reservation that we ourselves are supplied on time, unless we are responsible for the incorrect or late delivery by the supplier.

 

5.4 Unless otherwise agreed, we shall ship the goods at our own discretion and at the customer's expense. The transportation risk shall be borne by the customer. If a delivery is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer upon notification of readiness for dispatch.

 

5.5. on request, we will take out transport insurance for a separate charge. If transport damage is detected, the customer must immediately ensure that the facts necessary to safeguard claims for damages are established.

5.6. we reserve the right to make partial deliveries unless the partial delivery is obviously of no interest to the customer.

 

5.7. the customer shall be in default of acceptance if he has not collected/accepted the subject of the order within 14 days of receipt of the notification of completion and delivery or sending of the invoice. In the event of non-acceptance, the seller may exercise his statutory rights.

 

 

6.1. our delivery and performance times are given to the best of our judgment on the basis of the respective delivery and order situation. The information is only to be regarded as approximate, unless a written and binding commitment is expressly made for specific performance times.

 

6.2. delivery times always refer to the date on which the goods are dispatched or made available for collection. They shall be deemed to have been met if the goods leave the factory at this time or the customer is notified that the goods are ready for delivery.

 

6.3. delivery and performance times shall be extended to a reasonable extent if we are prevented from fulfilling our obligations by force majeure or other unforeseeable and extraordinary events which cannot be averted despite reasonable care. Events within the meaning of sentence 1 include, in particular, war, riots, strikes, lockouts, fire, floods and other unforeseeable operational disruptions, including at suppliers. In such cases, the customer shall not be entitled to withdraw from the contract and/or claim damages. If such events make delivery or performance significantly more difficult or impossible for us and the hindrance is not only of a temporary nature, we are entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the delivery or performance deadlines shall be extended or the delivery or performance dates postponed by the period of the hindrance plus a reasonable start-up period.

 

6.4. if the customer subsequently requests changes, the delivery and performance period shall also be extended to a reasonable extent.

 

6.5. compliance with the delivery and performance times presupposes the timely and proper fulfillment of the customer's contractual and cooperation obligations. If the customer is in default, the delivery and performance period shall be interrupted.

 

6.6. if binding delivery deadlines are exceeded, the customer (purchaser) must grant us a reasonable grace period, which may not be less than three weeks.

 

6.7. if the delivery deadline, including the reasonable grace period, is not met, the entrepreneur shall only be liable for the invoice value of the quantity of goods that was not delivered on time, up to a maximum of the negative interest.

 

 

Returns will only be accepted if we have previously agreed to take them back on the basis of a written agreement with our customer. All returns must be made carriage paid for us.

 

 

8.1. the customer shall provide us with complete design documents, in particular samples and drawings, prior to production of the ordered goods. The customer shall also provide us with all necessary and reasonable support during the preparation and execution of the services.

 

8.2. the customer shall be responsible for the necessary and timely cooperation of the companies commissioned by him or associated with him (planners). This applies in particular to the provision of all necessary information or data. In this respect, we shall have no (planning/construction) responsibility, in particular if delays or performance disruptions occur due to a lack of cooperation.

 

 

9.1. claims of the buyer due to material defects shall become statute-barred one year after handover/delivery of the object of purchase to the customer. Excluded from this are claims for damages due to injury to life, body or health and/or claims for damages due to grossly negligent or willful damage caused by the seller. In this respect, the statutory limitation periods shall apply.

 

9.2. the purchaser must inspect the goods for defects immediately after delivery. Defects must be reported to us in writing immediately after receipt of the goods. If obvious defects are not reported, not reported in time or not reported in the correct form, the warranty shall lapse in this respect.

 

9.3. the customer is entitled to subsequent performance, whereby we reserve the right to remedy the defect or to deliver a defect-free replacement. For this purpose, we shall be granted a reasonable grace period for each defect, which may not be less than two weeks.

 

9.4. if subsequent performance fails, we shall be entitled to repeat subsequent performance. Even in the event of repeated supplementary performance, we shall decide between new delivery or rectification of the defect.

 

9.5. the customer shall only be entitled to withdraw from the contract if the subsequent performance has repeatedly failed.

 

9.6. unless otherwise expressly agreed, the information and illustrations contained in order confirmations, brochures and other documents serve only to describe the product. Warranted characteristics must be expressly identified by us in writing as “warranted”.

 

9.7. rejected goods may only be returned after prior agreement with us. Defects in a part of the delivery or service do not entitle the customer to complain about the entire service, provided that the usability of the fault-free parts of the service is not impaired.

 

9.8. any warranty shall lapse if the delivery item or the service provided has been modified or improperly operated or handled by the customer or a third party.

 

10.1. we shall only be liable for damages arising from breach of contract or tort in the event of intent or gross negligence. This shall not apply in the event of a breach of material contractual obligations, damages resulting from injury to life, limb or health or relating to guarantees or in the event of claims under the Product Liability Act. Damage is limited to the typical damage foreseeable at the time the contract was concluded. The same applies to breaches of duty by our vicarious agents.

 

10.2. in the event of impossibility of performance for which we or our representatives or vicarious agents are responsible, we shall be liable for damages for non-performance. In the event of simple negligence, the limitation of liability in paragraph 1 shall apply accordingly. The same applies to compensation for damage caused by delay.

 

10.3. if the damage is caused by a third party whose vicarious agent we use, the customer is obliged to first assert his claims for damages against the third party - if necessary in court - before he can make a claim against us.

 

10.4. If the damage is covered by an insurance policy taken out by the customer for the claim in question, we shall only be liable for any associated disadvantages suffered by the customer, e.g. higher insurance premiums or interest disadvantages until the claim is settled by the insurance company.

 

10.5. we shall not be liable for breaches of duty resulting from work performed in accordance with drawings, print templates or samples approved by the customer as production documents. The Contractor shall not be liable for the constructive design and correctness of the reproduced templates.

 

10.6. in particular, liability for the infringement of third-party property rights is excluded in the case of the provision of work services in accordance with the customer's specifications. We do not assume any duty of examination with regard to third-party property rights.

 

 

11.1. the goods delivered by us shall remain our property until all claims against the customer concerned have been settled in full, irrespective of the legal grounds, even if payment has been made by our customer for a specially designated delivery. In the case of a current account, the reserved title shall be deemed security for the balance claim existing in our favor.

 

11.2. the customer must treat the goods with care and keep them adequately insured against all risks at our customer's expense for as long as they remain our reserved property. If the customer acts in breach of contract - in particular in the event of default in payment - we shall be entitled and authorized to take back the goods subject to retention of title at the customer's expense. Insofar as the reserved goods are no longer in the possession of the customer, the customer hereby assigns to us his claims for return against third parties. This repossession or request for repossession shall not constitute a withdrawal from the contract unless we expressly declare otherwise or unless mandatory statutory provisions provide otherwise.

 

11.3. the customer is entitled to combine or resell the reserved goods in the ordinary course of business until revoked. However, this shall only apply as long as he fulfills his obligations to us in due time. The customer is prohibited from pledging or assigning the reserved goods as security.

 

11.4. in the event of processing, transformation or combination, we shall become the owner or co-owner of the new item in the ratio of the value of our reserved goods to the other processed goods.

 

11.5. if the customer sells the goods to which we retain title, he shall assign to us in advance all claims and receivables from the resale as security until all our claims have been settled in full. If the goods to which we retain title are sold together with other goods not belonging to us - even at a total price - the assignment to us shall extend to that part of the claim which corresponds to the ratio of the value of our (co-)ownership. We accept this assignment.

 

11.6. a resale of the goods or parts of the goods to a third party before full payment has been made is not permitted if the third party has excluded the assignment of the customer's claim against him.

 

11.7. the customer is authorized to collect the assigned claims until revoked. We will not make use of our right of revocation as long as the customer fulfills his obligations properly and on time and does not become insolvent or unable to pay. The customer shall hold the collected amounts separately for us until the secured claims have been settled.

11.8. at our request, the customer must disclose the assignment to third parties and provide us with all information and documents required to collect the assigned claims. We are entitled to disclose the assignment to third parties.

 

11.9. in the event of seizure or any other impairment of our rights by third parties, in particular in the event of access to the reserved goods, the customer must inform the third party of our rights and inform us immediately. The customer shall bear the costs and damages resulting from the breach of this obligation.

 

11.10. if the value of the securities existing for us exceeds the claims to be secured by more than 20%, we shall release the securities to which we are entitled in part at the customer's discretion - if the customer does not make a choice, at our own discretion.

 

11.11. If the customer resells the goods subject to retention of title, the retention of title with regard to our ownership or co-ownership of the goods in question shall be deemed to have been agreed for us on a fiduciary basis.

 

11.12. our customer is obliged to grant us or third parties commissioned by us access to his business premises at any time upon request in order to determine the existence of goods subject to retention of title and or to take possession of goods subject to retention of title if we assert the rights arising from our retention of title.

 

 

The customer shall have no right of set-off or retention unless the claim is undisputed or has been legally established by a court of law.

 

 

Personal data (e.g. title, name, address, e-mail address) are collected, processed and stored by us exclusively in accordance with the provisions of German data protection law, in particular the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR).