Terms and conditions

1.1. Our terms and conditions of sale and delivery (hereinafter: "Terms of Sale" ) apply exclusively; We do not recognize conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our terms of sale also apply if we accept the customer's order without reservation and/or carry out the delivery to the customer without reservation while being aware of the customer's conflicting or deviating terms of sale.

1.2. All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract. There are no other verbal agreements outside of this contract.

2.1. All offers are subject to change and non-binding, unless we have expressly designated an offer as binding.

2.2. We can accept a customer's order within 3 weeks. A customer's order is regularly to be qualified as a binding offer to conclude a purchase contract, unless the customer expressly marks his offer as non-binding. Silence in response to an offer by the customer does not constitute acceptance of the offer, and no contract is formed as a result.

2.3 We reserve the unrestricted property rights, copyright exploitation rights and other intellectual property rights to offers, cost estimates, calculations, drawings, electronic data carriers and other documents. These documents may only be made accessible to third parties with our express written consent. If the order is not placed, these must be returned immediately upon request. The above also applies to documents marked as "confidential".

3. Prices and terms of payment

3.1. All prices are agreed in euros. Statutory VAT is not included in our prices. It will be shown separately on the invoice at the statutory rate on the day the invoice is issued.

3.2. Unless otherwise agreed, our prices apply "ex works".

3.3. Unless otherwise stated in the contract, the purchase price is due without deduction within 2 weeks of the invoice date.

The receipt of the payment by us is decisive for the timeliness of the payment.

3.4. If the customer is in default of payment, we are entitled to withdraw from the contract immediately. The costs incurred in relation to the return of the delivered goods are to be borne by the customer.

3.5. If the customer defaults on a claim within the framework of ongoing business relationships, we are entitled to make all other claims from this business relationship due immediately and in full.

3.6. Offsetting by the customer against us is only permitted with counterclaims that we have recognised, are undisputed, ready for a decision or have been legally established. A right of retention is excluded if the counterclaim is not based on the same contractual relationship.

4. Delivery Dates, Delay in Delivery, Customer's Duty to Cooperate

4.1. The delivery dates and periods stated by us are non-binding unless we have expressly confirmed in writing that they are binding. In particular, the information we use, such as: "probably", "approximately" or "against" does not justify any binding delivery dates or delivery times.

4.2. If other delays in performance occur for which we are not responsible, a binding delivery period or a binding delivery date will also be extended by a reasonable amount of time.

4.3 If the goods are delivered to other EU countries, the customer must submit a confirmation of arrival or alternative proof of arrival upon request. If the template is not submitted, we reserve the right to charge the sales tax applicable in the Federal Republic of Germany.

5. Type of delivery, partial delivery, shipping route, packaging

5.1. We are entitled to partial deliveries.

5.2. We reserve the right to choose the shipping route and type of shipping.

5.3. The goods will be packed by us to the required extent. In principle, we do not take back the packaging.

5.4. Unless otherwise stated in the contract, delivery "ex works" is agreed. The place of performance is our place of business, unless otherwise stated in the contract.

6. Passing of Risk, Delay in Acceptance

6.1. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we have incurred, including any additional expenses. Further claims or rights remain reserved.

6.2. If the prerequisites of 6.1. are present, the risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he is in default of acceptance or debt.

6.3. If the customer so desires, we will cover the delivery with transport insurance; the customer bears the costs incurred in this respect.

7. Warranty

7.1. Obvious material defects must be reported no later than 7 days after receipt of the goods. Other material defects must be reported in writing immediately after their discovery. The receipt of the complaint by us is decisive. Claims due to these material defects are excluded if the complaint is made too late.

7.2. If there is a material defect, we are entitled to rectify the defect or to deliver a replacement (this can also affect individual components of the product). For this purpose, the customer must give us the necessary time and opportunity to carry out all repairs or replacement deliveries that we deem necessary. If the customer does not meet this obligation, we are released from liability for the resulting consequences.

7.3. Any further claims (exclusively clause 8) are excluded.

8. Claims for Damages

8.1. We are liable in accordance with the statutory provisions in the event of intent and gross negligence, in the case of negligent or intentional injury to life, limb and health, in accordance with the provisions of the Product Liability Act, and in the case of defects that were fraudulently concealed.

8.2. In the event of a breach of essential contractual obligations, our liability is limited to the contractually typical, foreseeable damage, unless there is gross negligence or intent or liability for injury to life, limb or health or the assumption of a quality guarantee.

8.3 Further claims for damages are excluded.

9. Final Provisions

9.1 The place of jurisdiction for any disputes arising from the business relationship between us and the customer is the competent court at our place of business.

9.2 The relationships between us and the customer are exclusively subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods dated April 11, 1980 (CISG) does not apply.

10. Severability Clause

Should individual points of our general terms and conditions be ineffective, this does not affect the effectiveness of the entire agreement. A provision that comes close to the content of the invalid clause must be found for the invalid clause.