Terms and Conditions

1. Our terms and conditions of sale shall apply exclusively. By placing an order, the contractual partner acknowledges our terms and conditions.

2.We hereby object to any conflicting terms and conditions. They shall only apply if this is agreed in writing. Terms and conditions of the contractual partner shall not become part of the contract even if we do not object to them again and provide the contractually owed delivery/service without reservation.
3. Our terms and conditions shall also apply to all future transactions with the contractual partner.

4.Our terms and conditions are available for inspection at our business premises. Upon request, we will also send them to you free of charge at any time. 

5. Should individual provisions become void, ineffective or contestable, the remaining conditions shall remain unaffected and shall then be interpreted or supplemented in such a way that the intended economic purpose is achieved as accurately as possible in a legally permissible manner. This shall also apply to any gaps that may require supplementation.

1. a contract shall only be concluded upon our written order confirmation or upon delivery of the agreed services. However, we shall be obliged to notify any rejection of the order in writing without delay. 

2. Our offers are subject to change without notice.

3. All agreements made at the time of conclusion of the contract shall be in writing; no other agreements shall be made than those set out in writing. Written form shall be deemed to have been agreed, in particular also for subsidiary agreements, assurances, subsequent amendments and any cancellation of the contract.

1. The prices shall be understood as the value of the goods or services without discounts and other rebates plus loading, packaging, freight and any insurance to be concluded only on the basis of special agreements as well as plus the respectively applicable value added tax.

2. The payment has to be made in "€" without any deduction, at handing over or sending of the invoice or another settlement document.

3. Interest on arrears shall be charged at 5%, in the case of legal transactions in which consumers are not involved at 8% p.a. above the respective prime rate published in the Federal Gazette. In addition to the statutory provisions, we shall be entitled to charge a higher default interest rate if we can prove a higher charge, unless the contractual partner proves that a default interest loss has not arisen at all or has arisen at a significantly lower rate.

4. Payment instructions, checks and bills of exchange shall only be accepted on account of performance, with all discount and collection charges being charged. 

5. The contracting party may only offset our claims against counterclaims that are undisputed, acknowledged or have been established by a court of law.

6. A right of retention may also only be exercised in the case of undisputed, recognized or legally established counterclaims and only if it is based on the same contractual relationship.

1. The start of the delivery time stated by us presupposes the clarification of all technical questions. The compliance with our delivery obligation requires the timely and proper fulfillment of the obligations of the contractual partner.

2. Timely and correct self-delivery remains reserved.

3. Delivery dates or delivery periods, which may be agreed upon as binding or non-binding, shall be stated in writing. Delivery periods shall commence upon conclusion of the contract. If subsequent amendments to the contract are agreed, a new delivery date or delivery period shall be agreed at the same time if necessary.
4. The delivery period shall be deemed to have been complied with if the delivery item has left our premises or notification of readiness for dispatch has been sent by the time the delivery period expires.

5. Two weeks after exceeding a non-binding delivery date or a non-binding delivery period, the contractual partner may request us in writing to deliver within a reasonable period. We shall only be in default with this reminder. This shall not apply if the above grace period is unreasonably long. In that case, the reasonably long grace period shall apply.

6. If our default is based on slight negligence, our liability for damages shall be excluded, unless it concerns damage to life, body and health.

7. Alternatively, in the event of slight negligence, we shall limit our liability for delay to the typically foreseeable damage.
(8) Force majeure, riot, strike, lockout and significant operational disruptions for which we are not responsible shall modify the dates and periods specified in Clauses 1, 2 and 3 by the duration of the disruptions to performance caused by these circumstances and by a reasonable start-up period.

1.Notwithstanding any assembly obligations, the risk shall pass to the customer upon delivery to the shipping agent, but no later than when the goods leave our premises. If the goods are ready for dispatch, the risk shall pass to the contracting party one week after receipt of a notice of readiness for dispatch, unless we have undertaken to dispatch the goods. If shipment or acceptance is delayed due to circumstances for which the contractual partner is responsible, the risk shall pass upon dispatch of a notice of readiness for shipment. In all cases, we shall only be obliged to take out insurance to the extent specified and at the expense of the contractual partner if specifically ordered to do so in writing. 

2. The contracting party shall be obliged to inspect the goods for defects - also in the case of resale - and to give written notice of any defects without delay, at the latest within 10 working days.

3. Upon request, the client is obliged to cooperate in the preparation of an acceptance and function protocol.

1.In the event of material defects and defects of title that are not merely insignificant, we shall be entitled to supplementary performance in addition to the statutory provisions as follows: We shall be entitled to rectify the defect 2 times. If the nature of the item or the defect or other circumstances indicate that the rectification has not yet failed and that this is reasonable for the contractual partner, we shall be entitled to make further rectifications.

2. If the rectification has failed, the contractual partner shall be entitled to reduce the price or, at its option, to withdraw from the contract and to assert the right to claim damages in accordance with the statutory provisions.

3. The period of limitation is 12 months.

4. In case of sale of used goods, the limitation period shall also be 12 months.

1. If our obligation to pay damages is based on the only slightly negligent breach of material contractual obligations, we limit our liability for damages, that of our legal representatives or vicarious agents to the foreseeable damage typical for the contract, unless it is a matter of damage to life, limb or health.

2. If our obligation to pay damages is based on the only slightly negligent breach of non-essential ancillary obligations, we exclude our liability for damages, that of our legal representatives or our vicarious agents, unless it is a matter of damage to life, limb or health.

3. In all cases of liability for damages due to negligent breach of duty, irrespective of the legal basis, unless claims under product liability law are involved, our liability for damages shall be limited to the damage foreseeable for us.

4. Alternatively, we exclude our liability for damages, that of our legal representatives or vicarious agents, insofar as we are charged with a slightly negligent breach of a contractual obligation which, by its nature and consequence, does not jeopardize the purpose of the contract, unless it is a matter of damage to life, health or body.

5. The above provisions shall not apply to claims under the Product Liability Act.

6. If a claim is made against us for damages arising from manufacturer's liability pursuant to Section 823 of the German Civil Code (basis for a claim in tort), we shall limit our liability beyond the above provisions to the compensation provided by our liability insurer. The amount of coverage is concluded typical for the damage/contract/subject. Insofar as the insurance does not apply or does not apply in full, our liability shall remain unaffected, limited to the amount of the sum insured. If the sum insured has not been concluded in a manner typical of the damage, contract or subject matter, we shall limit our liability in such cases to the amount of damage typical of the damage, contract and/or subject matter.

1.In all cases, we retain title to the delivery item until receipt of all payments from the respective underlying delivery contract.

2. In addition, we retain title to the delivered items until all claims, including future claims, arising from the business relationship have been satisfied. In all cases, the contractual partner shall be obligated to keep the delivery items in safe custody free of charge with the diligence of a prudent businessman.

3. Pledging or transfer of ownership by way of security of the reserved goods is not permitted in all cases. In the event of seizure, confiscation or other dispositions by third parties, we must be notified immediately and provided with the documents required for an objection.

4. The contractual partner is furthermore entitled to process and resell the delivery item within the scope of proper business operations as long as he is not in default. Upon conclusion of the purchase contract with us, he shall already assign to us the claims against his customers to which he is entitled from the sale or on any other legal grounds in the amount of the invoice value of the delivered reserved goods.

5. In the event of suspension of payments, application for or opening of insolvency proceedings, as well as in the event of protest of a check or bill of exchange, the right to sell and the authority to collect assigned claims shall expire. In these cases, the contractual partner shall be obliged to immediately provide us with an invoice for the goods subject to retention of title as well as for the assignment of claims without being requested to do so.

6. The reservation of title shall also remain in force if individual claims are included in a current account and the balance has been struck and acknowledged, unless the balance has been settled.

7. If the value of the securities granted exceeds our claims by more than 20%, we shall be obliged to retransfer them at our reasonable discretion at the request of the customer to the extent that the security limit is exceeded.

8. We shall be entitled to take back our reserved goods after issuing a reminder in accordance with the cases regulated in Section 5 and if the contractual partner is in arrears with a significant part of its payment obligations. Just like a seizure by us, this shall not be deemed a withdrawal from the contract. The contractual partner shall be obliged to surrender the goods. A right of retention is excluded.

8. Amounts collected by the contractual partner from assigned claims shall be kept separately until they are transferred to us in order to exclude offsetting and/or netting with bank accounts with debit balances.

10. The processing or transformation of the delivery item by the contractual partner shall always be carried out on our behalf. If it is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery item to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the delivery item delivered subject to reservation of title.

11. If the delivery item is inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery item to the other mixed items at the time of mixing. If the mixing takes place in such a way that the object of the contractual partner is to be regarded as the main object, it shall be deemed to be agreed that the contractual partner shall transfer co-ownership to us on a pro rata basis. The contractual partner shall keep the sole or co-ownership thus created in safe custody for us.

1. All contracts shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of performance for all mutual claims arising from the contractual relationship is 73667 Kaisersbach. 3.
Our place of business shall be the place of jurisdiction for all claims arising from the business relationship, including actions on checks and bills of exchange, if the contractual partner is a merchant. However, we are also entitled to sue the contractual partner at his general place of jurisdiction.