§ 1 Scope and subject of the agreement

(1) Our terms and conditions apply to the delivery of movable goods in accordance with the contract concluded between ourselves and the customer.
(2) Our terms and conditions apply exclusively; conflicting or deviating customer terms will not be accepted unless they have been specifically agreed upon in writing. Our terms and conditions shall also apply, should we become aware of customer terms conflicting or deviating from our terms and conditions if we deliver goods unconditionally.
(3) Our terms and conditions apply both to private consumers and to companies or organizations, unless a differentiation is made in the respective clause.


§ 2 Offers - Conclusion of Contract – Quotation Documents

(1) The customer’s order represents a firm offer, which we can accept within 2 weeks by issuing an order confirmation in writing or by telex or through the delivery of the goods. Previously provided quotations are subject to confirmation.
(2) Copyrights and ownership rights are reserved with regard to illustrations, drawings, calculations and other documents. Our explicit written agreement is required by the customer before disclosure to third parties.


§ 3 Prices and terms of payment

(1) The purchase price quoted is firm. Statutory sales tax is included for private consumers.
(2) The net price is quoted for entrepreneurs. Statutory sales tax is not included in our prices; it is declared separately on the invoice on the date of issue.
(3) Prices quoted do not include freight, transport costs, packaging, insurance, customs duties and other costs or charges. These costs are borne by the customer.
(4) Full payment without discount is to be made within ten days of receipt of the goods, unless otherwise agreed. Statutory provisions regarding the consequences of payment default apply.
(5) Invoices are payable as per agreement by prepayment, cash, cash on delivery, crossed check, crossed check on delivery, credit card, direct debit, bank transfer or upon collection, unless otherwise agreed.
(6) The customer is only entitled to set off against counterclaims which are legally established, undisputed or acknowledged by us. Entrepreneurs shall only be entitled to exercise a right of retention if the counterclaim is based upon the same contractual relationship.


§ 4 Time of Performance and Transfer of Risk

(1) If delivery deadlines are quoted and made the basis for placing an order, such deadlines are extended for time lost in cases of strike and circumstances beyond our control. The extension is for the period of the delay. The same applies if the customer does not properly fulfill any duties to collaborate.
(2) For entrepreneurs – unless otherwise stated in the order confirmation – delivery is agreed as “ex works“.
(3) For private consumers, the risk of accidental loss and accidental deterioration of the goods is transferred to the customer with the handover of the goods (§ 446 BGB).


§ 5 Liability for defects

(1) For private consumers, we assume liability in the case of defects according to legal requirements, providing there are no limitations as indicated below. The consumer has to notify us in writing of apparent defects within 2 weeks of the appearance of the defect. Warranty rights expire if the notification does not occur within the above-mentioned time period. This does not apply if we fraudulently conceal defects or have assumed a guarantee for the condition of the goods.
(2) For entrepreneurs, we reserve the right to select the type of subsequent performance in the case of a defect.
(3) For private consumers, the limitation period for claims due to defects on delivery of the goods is two years. The period begins with the transfer of risk. This does not apply in cases of claims for damages due to defects. § 6 applies to claims for damages due to a defect.
(4) The warranty period for entrepreneurs is one year. The limitation period in the case of a right of recourse in accordance to §§ 478, 479 BGB is not affected. This does not apply in cases of claims for damages due to defects. § 6 applies to claims for damages due to a defect.
(5) We do not provide customers with guarantees in the legal sense.


§ 6 Liability for damages

(1) Our liability for contractual breaches of duty as well as for offences is limited to premeditation and gross negligence. This does not apply to injury of the customer’s life, body and health, claims due to the breach of cardinal duties and compensation for damage caused by delay (§ 286 BGB), as well as mandatory liability under product liability law. In these cases we are liable for each level of fault.
(2) The above-mentioned disclaimer also applies to negligent breaches of duty on the part of our vicarious agents.
(3) As far as the liability for damages, which are not due to injury of the customer’s life, body and health, and for which slight negligence is not excluded; such claims come under the statute of limitations within one year beginning with the emergence of the claim or in cases of damages due to a defect with the handover of the goods.
(4) To the extent that our liability for damages is excluded or limited, the same applies with respect to the personal liability of our salaried staff, employees, workers, representatives and vicarious agents.
(5) This liability also applies to material, which customers have entrusted to us for further processing.


§ 7 Right of revocation

So far as the goods delivered by us are made to the customer’s specifications, the consumer has no right of revocation (§ 312 d para.4 BGB).


§ 8 Retention of title

(1) For contracts with consumers we retain the title of the object of purchase until payment of the purchase price has been received in full.
(2) For entrepreneurs, we retain the title of the goods until all receivables have been paid by the purchaser, even when the specific product has been previously paid.
(3) The customer is required to notify us immediately with regard to enforcement measures related to the retained product by third parties, handing over documents required for an intervention; this also applies to other types of restrictions. Independently of this the customer is obliged to advise the third party in advance on existing rights relating to the goods. Entrepreneurs are liable for our costs in case of an intervention, so far as the third party is not in a position to reimburse these.
(4) In the case of a resale/leasing of retained goods, entrepreneurs are required to assign us receivables due from its customers arising from the named business as a guarantee until all of our claims are fulfilled. Through the processing of retained goods, their remodelling or connection with another item, we acquire property rights relating to the object produced. These are then seen as retained goods.
(5) If the value of the guarantee exceeds our claims against the purchaser by more than 20 %, at the purchasers request and at our discretion we may release the corresponding amount from the guarantees.


§ 9 Limitation of our own claims

Our claims for payment are limited to five years varying from § 195 BGB.
§ 199 BGB is valid for the beginning of the limitation period.


§ 10 Form of declarations

Legally relevant declarations and notifications which the customer submits to us or a third party must be made in writing.


§ 11 Place of Performance, Choice of Law, Place of Jurisdiction

(1) As far as no alternative is mentioned in this contract, the place of performance and place of payment is our registered office.
(2) This contract is subject to the law of the Federal Republic of Germany; the validity of UN purchasing law is excluded.
(3) For contracts with merchants, bodies corporate under public law or bodies with special assets under public law, the court of our registered office is the exclusive place of jurisdiction.

§ 12 Data protection

Without your explicit agreement your data will be used exclusively to process your order and stored on an EDP system within the context of the business relationship. Data is disclosed to companies contracted with delivery only to the extent required to process the order. Apart from that all data is treated as strictly confidential and not made available to third parties.