Terms of Service
§ 1 validity
(1) These conditions of sale apply exclusively. Deviating or conflicting conditions are not recognized by us unless we have expressly agreed to them in writing.
(2) These conditions of sale also apply to all future transactions between the parties and also when we carry out the delivery of the goods in knowledge of deviating or conflicting conditions.
(3) These general terms and conditions apply only to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 (1) BGB.
§ 2 offer, acceptance
If the order constitutes an offer within the meaning of § 145 BGB, we are entitled to accept it within a period of two weeks.
§ 3 prices, payment
(1) Our prices are ex works, plus the respective statutory sales tax and excluding the costs for packaging, unless otherwise expressly agreed.
(2) In the case of consignment purchase, the seller shall bear the transport costs ex warehouse and the costs of any transport insurance desired by the buyer. Any duties, fees, taxes and other public charges shall be borne by the buyer.
(3) The purchase price is due within 14 days from the date of invoicing. The dispatch takes place after receipt of the invoice sum.
(4) After the due date default interest of 9% above the respective base interest rate p.a. calculated. We reserve the right to assert further damages caused by delay.
§ 4 offsetting, retention
The buyer is only entitled to set-off insofar as his counterclaims are undisputed or legally established. The buyer is only entitled to assert rights of retention on the basis of counterclaims from the same contractual relationship.
§ 5 delivery
(1) A delivery presupposes the timely and proper fulfillment of the buyer's obligations. The exception of the unfulfilled contract remains reserved.
(2) In the event of default in acceptance or other culpable violation of cooperation obligations on the part of the buyer, we are entitled to compensation for the resulting damage, including any additional expenses. Further claims are reserved. The risk of accidental loss or accidental deterioration of the goods shall pass to the buyer in this case with the time of default of acceptance or other breach of obligations to cooperate.
§ 6 Transfer of risk, dispatch
Upon shipment of the goods at the request of the buyer, the risk of accidental loss and accidental deterioration of the goods at the time of dispatch to the buyer.
§ 7 Retention of title
(1) The goods remain our property until full receipt of all payments. In case of breach of contract by the buyer, including late payment, we are entitled to take back the goods.
(2) The buyer must treat the goods with care, adequately insure them and, if necessary, service them.
(3) Insofar as the purchase price has not been paid in full, the purchaser must immediately inform us in writing if the goods are encumbered with third-party rights or are subjected to other interventions by third parties.
(4) The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, however, he assigns to us all claims arising from such resale, whether this occurs before or after a possible processing of the goods delivered under retention of title. Regardless of our power to collect the claim ourselves, the buyer remains authorized even after the assignment to collect the claim. In this context, we undertake not to collect the claim, as long as and to the extent that the buyer meets his payment obligations, no petition for the opening of insolvency or similar proceedings and no suspension of payments.
(5) Insofar as the above-mentioned securities exceed the claims to be secured by more than 10%, we are obliged to release the securities after our selection at the request of the buyer.
§ 8 Warranty
(1) The prerequisite for any warranty rights of the buyer is its proper fulfillment of all obligations under Section 377 HGB to inspect and notify.
(2) Warranty claims can be asserted within 12 months after transfer of risk.
(3) In case of defects of the goods, the buyer has the right to subsequent performance in the form of removal of defects or delivery of a defect-free object. If the subsequent performance fails, the buyer is entitled to reduce the purchase price or withdraw from the contract.