General terms and conditions of business

§ 1 General – Scope

(1) Our conditions of sale apply exclusively; We do not recognize customer conditions that conflict with or deviate from our terms and conditions of sale unless we have expressly agreed to their validity in writing. Our conditions of sale also apply if we carry out the delivery to the customer without reservation despite being aware of the customer's conditions that conflict with or deviate from our conditions of sale.
(2) Our terms and conditions of sale only apply to entrepreneurs within the meaning of Section 310 Paragraph 1 BGB.

§ 2 Conclusion of contract

(1) At the customer's request, we will send the customer a specific contract offer.
All information about our products, in particular the illustrations, technical drawings, weight, dimensions and performance information contained in our offers, catalogs, printed materials or Internet publications, are to be viewed as approximate average values. They are not guaranteed properties, but rather descriptions or labels of the goods. Unless limits for permissible deviations are expressly set out in the offer and designated as such, deviations customary in the industry (manufacturing tolerances) are permitted in any case.
(2) The contract with us is concluded when the customer confirms this offer to us unchanged in text form within 2 working days of the offer date.
Additions, additions, deletions and oral agreements require confirmation in text form by us in order to be legally binding.

§ 3 Prices – Terms of Payment

(1) Unless our offer states otherwise, payment in advance by bank transfer is deemed to be agreed.
(2) Unless our offer states otherwise, our prices apply from the place of business, excluding packaging and shipping; these costs will be invoiced separately.
(3) Statutory VAT is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day the invoice is issued.
(4) The deduction of cash discounts requires a special agreement in writing.
(5) The invoices must be paid without deductions 14 days after the invoice date.
Any payment term that has not been agreed upon may not exceed 30 days after receipt of the invoice. If the due date is exceeded, default interest of 9% above the respective base interest rate of the European Central Bank will be charged. All costs caused by late payment, such as extension costs, protest costs, legal fees, etc., will be borne by the defaulting buyer.
We reserve the right to demand cash payment or payment in advance or to withdraw from the contract until a positive credit report is available. Credits are always made after deducting the discounts and other discounts granted on the invoice amount.

§ 4 Delivery

(1) Unless our offer states otherwise, delivery generally takes place plus shipping costs from the place of business.
(2) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur, including any additional expenses. Further claims remain reserved.
(3) If the requirements of paragraph (2) are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which the customer is in default of acceptance or debtor.
(4) We are liable in accordance with the statutory provisions if the underlying purchase contract is a fixed-term transaction within the meaning of Section 286 Paragraph 2 No. 4 BGB or Section 376 HGB. We are also liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to claim that his interest in further fulfillment of the contract has ceased.
(5) We are also liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; Any negligence on the part of our representatives or vicarious agents is to be attributed to us. Unless the delay in delivery is due to an intentional breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.
(6) We are also liable in accordance with the statutory provisions if the delay in delivery for which we are responsible is based on the culpable violation of an essential contractual obligation; In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
(7) Further legal claims and rights of the customer remain reserved.

§ 5 Transport damage

(1) Unless our offer states otherwise, all deliveries travel at the risk of the customer/purchaser.
(2) The customer is obliged to have any open transport damage confirmed by the carrier upon acceptance. The acknowledgment of the damage must be submitted to us immediately.
(3) Unconfirmed open defects cannot be recognized later and are not insured. If there is a hidden transport damage or defect, this must be reported to the carrier and us immediately in text form and claims for recourse must be reported to the carrier and us. Please provide us with proof of registration of the hidden defect immediately
§ 6 Liability for defects
(1) The customer's claims for defects require that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).
(2) If there is a defect in the purchased item, the customer is entitled to choose between supplementary performance in the form of remedying the defect or delivering a new, defect-free item. In the event of remedying the defect, we are obliged to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor and material costs, unless these are increased by the fact that the purchased item was brought to a location other than the place of performance.
(3) If supplementary performance fails, the customer is entitled, at his discretion, to demand withdrawal or a reduction in price.
(4) We are liable in accordance with the statutory provisions if the customer asserts claims for damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Unless we are accused of an intentional breach of contract, liability for damages is limited to foreseeable, typically occurring damage.
(5) We are liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; In this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.
(6) If the customer is entitled to compensation for damage instead of performance, our liability is also limited within the scope of paragraph (3) to compensation for foreseeable, typically occurring damage.
(7) Liability for culpable injury to life, body or health remains unaffected; This also applies to mandatory liability under the Product Liability Act.
(8) The limitation period for claims for defects is 24 months for new goods, calculated from the transfer of risk.
(9) The limitation period in the event of a delivery recourse according to §§ 478 BGB remains unaffected

§ 7 Retention of title protection

(1) We reserve ownership of the purchased item until all payments from the delivery contract have been received. If the customer behaves in breach of contract, particularly in the event of late payment, we are entitled to take back the purchased item. If we take back the purchased item, this constitutes a withdrawal from the contract. After taking back the purchased item, we are authorized to sell it; the proceeds from the sale are to be offset against the customer's liabilities - less appropriate realization costs.
(2) The customer is obliged to treat the purchased item with care; In particular, he is obliged to adequately insure them at their new value against fire, water and theft damage at his own expense. If maintenance and inspection work is necessary, the customer must carry this out in a timely manner at his own expense.
(3) In the event of seizures or other interventions by third parties, the customer must notify us immediately in text form so that we can file a lawsuit in accordance with Section 771 ZPO. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the customer is liable for the loss incurred by us.
(4) The customer is entitled to resell the purchased item in the ordinary course of business; However, he now assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim that arise from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing . The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds collected, does not default on payment and, in particular, no application has been made to open composition or insolvency proceedings or payments have been suspended. However, if this is the case, we can demand that the customer inform us of the assigned claims and their debtors, provide all the information required for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.
(5) We undertake to release the securities to which we are entitled at the customer's request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; We are responsible for selecting the securities to be released.

§ 8 Place of jurisdiction – choice of law - place of performance

(1) If the customer is a merchant, our place of business is the place of jurisdiction; However, we are also entitled to sue the customer at his place of residence.
(2) The law of the Federal Republic of Germany applies; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) Unless otherwise stated in the offer, our place of business is the place of performance
§ 9 Customer information for contracts in electronic commerce
(1) We are not subject to any special codes of conduct not mentioned above.
(2) You can identify any input errors when submitting your order during the final confirmation before sending your contractual declaration and correct them at any time using the delete and change function before sending the order.
(3) The language available for concluding the contract is German.
(4) The contract text is not saved by us and is therefore not accessible to you as a customer after the contract has been concluded through us.