§1 Scope of application

These Terms and Conditions of Sale apply exclusively to companies, legal entities under public law or special funds under public law within the meaning of Section 310 Paragraph 1 of the German Civil Code (BGB). We only recognize customer conditions that conflict with or deviate from our Terms and Conditions of Sale if we expressly accept their validity in writing.

These terms and conditions of sale also apply to all future transactions with the customer, insofar as they concern legal transactions of a related nature (as a precautionary measure, the terms and conditions of sale must in any case be attached to the order confirmation).

Individual agreements concluded with the buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions of Sale. Unless proven otherwise, a written contract or our written confirmation shall be decisive for the content of such agreements.

§2 Offer and conclusion of contract

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

§3 Documents provided

We reserve the property and copyright rights to all documents provided to the customer in connection with the placing of the order - including in electronic form - such as calculations, drawings, etc. These documents may not be made available to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in § 2, these documents must be returned to us immediately.

§4 Price and payment

Unless otherwise agreed in writing, our prices are ex-works, excluding packaging, and plus value-added tax at the current rate. Packaging costs will be invoiced separately.

Payment of the purchase price must be made exclusively to the account mentioned overleaf. The deduction of a discount is only permitted if a special written agreement has been concluded.

Unless otherwise agreed, the purchase price must be paid within 10 days of ordering. We reserve the right to claim higher damages caused by delay.

If no fixed price agreement has been concluded, we reserve the right to make reasonable price changes due to changes in labor, material and distribution costs for deliveries that take place 3 months or more after the conclusion of the contract.

§5 Rights of retention

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

§6 Delivery time

The start of the delivery period specified by us is subject to the correct and timely fulfilment of the customer's obligations. We reserve the right to invoke the exception of non-performance of the contract.

If the customer is in default of acceptance or culpably breaches other obligations of cooperation, we are entitled to demand compensation for the damage we have incurred in this regard, including additional expenses. We reserve the right to make further claims. If the aforementioned conditions apply, the risk of accidental loss or damage to the object of purchase is transferred to the customer at the time of the customer's default in acceptance or the debtor's default.

The customer's other legal rights and claims in the event of delayed delivery remain unaffected.

§7 Transfer of risk upon dispatch

If the goods are shipped to the customer at the customer's request, the risk of accidental loss or damage to the goods shall pass to the customer upon shipment to the customer, at the latest upon leaving the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or from the person who bears the transport costs.

§8 Retention of title

We reserve ownership of the delivered item 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 mention this. We are entitled to take back the purchased item if the customer acts in breach of contract.

As long as ownership has not yet been transferred to the customer, the latter is obliged to treat the object of purchase with care. In particular, he is obliged to adequately insure it at his own expense against theft, fire and water damage at the replacement value (note: only permissible in the case of the sale of high-quality goods). If maintenance and inspection work is required, the buyer must carry it out in good time and at his own expense. As long as ownership has not yet been transferred, the buyer must inform us immediately in writing if the delivered object is seized or exposed to other interventions by third parties. To the extent that the third party is unable to reimburse us for the judicial and extrajudicial costs of legal action in accordance with Section 771 ZPO (German Code of Civil Procedure), the buyer is liable for the damage suffered by us.

§9 Warranty and notification of defects as well as manufacturer's remedies/remedies

 The customer's warranty rights presuppose that he has properly fulfilled his obligations to examine the goods and to make a complaint in accordance with Section 377 of the HGB (German Commercial Code).

Claims for defects become time-barred 12 months after delivery of the goods delivered by us to our customer. The statutory limitation period applies to claims for damages in cases of intent and gross negligence as well as in cases of injury to life, body and health that are based on an intentional or negligent breach of duty by the user. (Note: In the case of the sale of used goods, the warranty period can be completely excluded, with the exception of the claims for damages mentioned in sentence 2).

Insofar as the law according to § 438 para. 1 No. 2 BGB (buildings and building elements), § 445 b BGB (right of recourse) and § 634a para. 1 BGB (construction defects) prescribes longer deadlines, these deadlines shall apply. Our consent must be obtained before any return of the goods.

If, despite all due care, the delivered goods show a defect that was already present at the time of transfer of risk, we will repair the goods or deliver replacement goods, at our discretion, subject to timely notification of the defects. We must always have the option of subsequent performance within a reasonable period. Rights of recourse remain unaffected by the above provision without restriction.

If subsequent performance fails, the customer may - without prejudice to its rights to damages - terminate the contract or reduce the remuneration.

No claims for damages due to defects shall apply in the event of insignificant deviations from the agreed quality, insignificant impairment of fitness for purpose, natural wear and tear or wear and tear as well as damage occurring after the transfer of risk as a result of improper or negligent handling, excessive stress, unsuitable equipment, defective construction work, unsuitable building land or due to special external influences not provided for in the contract. If non-compliant repair work or alterations are carried out by the customer or third parties, no claims for defects shall apply for such work and the resulting consequences.

The customer's claims for expenses incurred for subsequent performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the goods delivered by us were subsequently transferred to a location other than the customer's branch, unless this transfer corresponds to their intended use.

The customer's rights of recourse against us only exist to the extent that the customer has not entered into any agreements with his customer beyond the statutory rights for defects. Furthermore, paragraph 6 applies accordingly to the scope of the customer's right of recourse against the supplier.

§10 Miscellaneous

This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of performance and exclusive jurisdiction for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation (Note: the use of this clause is not permitted if at least one of the parties is a company not registered in the commercial register).

All agreements entered into between the parties for the purpose of performing this contract are recorded in writing in this contract.