General Terms and Conditions

General terms and conditions

1. Our offers are subject to change. Agreements, in particular verbal collateral agreements and assurances made by our sales staff, shall only become binding upon our written confirmation.

2. The information, drawings, illustrations, technical data, weight, dimension and performance descriptions contained in brochures, catalogs, circulars, advertisements, price lists or in other documents belonging to the offer are non-binding unless they are expressly designated as binding in the order confirmation.

3. We reserve the property rights and copyrights to cost estimates, drawings and other documents; they may only be made accessible to third parties with our consent.

4. If deliveries are made according to drawings or other information provided by the customer and if this infringes the property rights of third parties, the customer shall indemnify the supplier against all claims.

Retention of title

1. All goods delivered by us shall remain our property until all claims have been settled, regardless of the legal grounds, including future or conditional claims arising from contracts concluded at the same time or at a later date. In the case of current accounts, the reserved property shall be deemed to be security for our balance claim.

2. By processing the reserved goods, the buyer does not acquire ownership of the new item in accordance with § 950 BGB. Rather, the processing is carried out by the buyer for the seller, who becomes the owner by establishing a custodial relationship. If the Buyer processes, combines or mixes the goods subject to retention of title with other goods not belonging to the Seller, the Seller shall be entitled to co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods. The Buyer shall hold the co-ownership for the Seller.

3. The buyer must inform us
immediately of any seizure or other impairment by third parties.

Shipping, delivery times and delivery conditions

Shipment shall be at the expense and risk of the customer. This also applies to agreed
carriage paid delivery. In the factory business, the material shall be deemed to have been delivered in accordance with the conditions when it leaves the factory
. The goods held ready for dispatch on the agreed date must be called off immediately, otherwise, or if it is impossible to send them, we are entitled to store them at the expense and risk of the purchaser and to invoice them as delivered ex works, taking into account the costs incurred as a result.

1. The delivery periods shall commence on the day of order confirmation and after clarification of all details of execution. Force majeure, operational disruptions, energy or raw material shortages, lockouts, traffic disruptions and interventions by higher authorities that occur at our premises or those of our suppliers shall extend the delivery periods appropriately. They also entitle us to withdraw from the contract to the exclusion of any further liability. Partial deliveries are permissible. Should it turn out to be impossible for us to execute the order contrary to expectations after acceptance of the order and warranty and a sufficient grace period, we shall be entitled to withdraw from the contract with reimbursement of any tool costs paid by the customer. The customer shall not be entitled to claim damages due to such a withdrawal.

2. Goods specially manufactured or procured for the customer exclude withdrawal from the purchase contract or return.

Warranty

1. The buyer is obliged to inspect the goods immediately and to notify us in writing of any obvious defects, including the absence of warranted characteristics, within 2 weeks. Hidden defects must be reported immediately upon discovery. The warranty claim expires 6 months after delivery, unless otherwise agreed.

2. Defects shall be remedied exclusively by rectification, replacement delivery or an appropriate credit note.

3. We can refuse to rectify defects as long as the buyer does not fulfill his obligation to us to the legal extent.

4. The provisions of the Product Liability Act remain unaffected.

Place of performance and jurisdiction

1. The place of performance shall be the registered office of the plant. The place of jurisdiction for both parties to the contract, if they are persons within the meaning of § 24 of the General Terms and Conditions Act, shall also be the registered office of the works, including for actions relating to bills of exchange and cheques. We are also entitled to sue the buyer at his general place of jurisdiction. The above also applies to all those who are liable for the buyer's obligations.

2. The respective national law of our registered office shall apply to all legal relationships.

General limitation of liability

Claims not expressly conceded in these terms and conditions, in particular compensation for damages arising from impossibility § 325 BGB, default, breach of secondary contractual obligations, culpa in contrahendo, tort - also insofar as such claims are in connection with the buyer's warranty rights - are excluded, insofar as legally permissible, unless they are based on an intentional or grossly negligent breach of contract by us or one of our vicarious agents.

Invalidity of individual provisions

Should any of the above provisions be or become invalid, the invalid provisions shall be replaced by provisions that come as close as possible to the economic purpose of the contract while adequately safeguarding the interests of both parties.

Business transactions with non-merchants

These provisions shall only apply to business transactions with non-merchants within the meaning of the General Terms and Conditions Act insofar as they do not contradict § 10 and § 11 of the General Terms and Conditions Act.