Our deliveries are made exclusively on the basis of the following conditions. The purchaser’s terms of purchase do not oblige us, even if we do not expressly contradict them.
Our general terms of sale, delivery and payment are deemed to have been accepted at the latest upon receipt of the goods. Our offers are subject to change. Conclusions as well as agreements, in particular insofar as they change these conditions, only become binding for us after our written confirmation.
The prices are ex works excluding packaging, plus the applicable statutory sales tax.
Payments are to be made to the supplier’s paying agent. The customer can only offset such claims that are undisputed or legally established.
The objects of the deliveries (goods subject to retention of title) remain the property of the supplier until all claims against the customer arising from the business relationship have been fulfilled. If the value of all security rights to which the supplier is entitled exceeds the amount of all secured claims by more than 20%, the supplier will release a corresponding part of the security rights at the request of the customer.
During the existence of the retention of title, the purchaser is prohibited from pledging or transferring ownership by way of security and resale is only permitted to resellers in the ordinary course of business and only under the condition that the reseller receives payment from his customer or makes the reservation that ownership is only transferred to the customer. if he has fulfilled his payment obligations.
In the event of seizures, confiscations or other dispositions or third party interventions, the customer must immediately notify the supplier.
In the event of a breach of duty on the part of the customer, in particular in the event of a delay in payment, the supplier is entitled to withdraw from the contract and to take back the goods after the unsuccessful expiry of a reasonable period set for the customer; the statutory provisions on the dispensability of setting a deadline remain unaffected. The purchaser is bound to the publishing.
The delivery time is only approximately agreed. The delivery period begins on the day the order confirmation is sent and is deemed to have been met if the goods have left our warehouse by the end of the delivery period or if the goods are ready to be shipped if they can be dispatched. The delivery period is extended – also within a delay in delivery – appropriately when unforeseen obstacles occur which the supplier, despite the reasonable care in the circumstances of the case, could not avoid – regardless of whether we or our subcontractors occurred – e.g. Business disruptions, official interventions, industrial action, war, mobilization, riot, delays in the delivery of essential raw and building materials or force majeure.
Compliance with deadlines for deliveries presupposes the timely receipt of all documents to be supplied by the customer, the necessary permits and releases, in particular plans, as well as compliance with the agreed terms of payment and other obligations by the customer. If these requirements are not met in time, the deadlines will be extended accordingly; this does not apply if the supplier is responsible for the delay.
If we are in default of delivery, the customer must set a reasonable grace period. After this grace period has expired, he is entitled to withdraw from the contract.
Claims for damages due to non-performance or late performance are excluded. The customer may not reject partial deliveries. We reserve the right to deliver more or less for special versions.
Unless otherwise agreed, shipping will be unfree. The risk passes to the buyer when the goods are handed over to the forwarder or carrier, but at the latest when they leave our warehouse. Goods that are reported ready for dispatch on the agreed date must be called up immediately, otherwise, or if shipment is not possible, we are entitled to store the goods at the buyer’s expense and risk at our own discretion and to invoice them as ‘ex works’.
Notices of defects are to be raised no later than two weeks after the goods have been received. Defects that cannot be discovered within this period even after careful inspection must be reported immediately after discovery, but at the latest within the warranty period. If the complaint is not made in time, the delivery is considered approved. The warranty period is 24 months from delivery of the goods.
Insofar as notices of defects are justified, we deliver replacements at our discretion, repair or compensate for the lower value. Further warranty claims are excluded. Claims for damages arising from the impossibility of performance, from delay, from positive breach of claim, from fault at the conclusion of the contract and from unlawful acts are excluded, unless they are based on intent or gross negligence on the part of us or our senior employees.
Claims for damages and reimbursement of expenses on the part of the purchaser (hereinafter: claims for compensation), regardless of the legal reason, in particular due to violation of obligations from the contractual relationship and tort, are excluded.
This does not apply if liability is mandatory, e.g. according to the Product Liability Act, in cases of intent, gross negligence, due to injury to life, limb or health, due to the violation of essential contractual obligations. The claim for damages for the violation of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, unless there is intent or gross negligence or liability for injury to life, limb or health. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.
Insofar as the purchaser is entitled to claims for damages under this article, these become time-barred upon expiry of the limitation period applicable to material defect claims. The statutory statute of limitations applies to claims for damages under the Product Liability Act.
The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, if the customer is a merchant, is the registered office of the supplier. However, the supplier is also entitled to sue at the customer’s registered office. For the legal relationships in connection with this contract, German substantive law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The remaining parts of the contract remain binding even if individual provisions are legally invalid. This does not apply if adherence to the contract would represent a reasonable hardship for one party.