Terms and Conditions

1. General

1. Our terms and conditions apply exclusively. We do not recognize any conflicting or deviating terms and conditions of the customer, unless we have expressly agreed to their validity in writing.
2. Differing agreements must be set out in writing. Additional oral agreements are ineffective.
3. Our terms and conditions also apply to all future transactions with the customer, even if they are not expressly agreed again.

2. Incoterms for international transactions

In addition to these conditions, the “Incoterms” of the Paris International Chamber of Commerce apply, in each case in the latest version valid when the order is executed.

3. Offers, offer documents, third-party rights, approvals, brochures

1. Our offers are subject to change and non-binding until the order is confirmed.
2. We are not liable for errors due to incomplete or unclear information provided by the customer. Any additional costs arising from this shall be borne by the customer.
3. Documents delivered will not be checked for infringement of copyrights or the like. The customer is liable for infringements by third parties and indemnifies us upon first request.
4. Approvals of samples, drawings, etc. release us from liability for discernible errors.
5. We reserve the right to make technical deviations insofar as they are reasonable.
6. Verbal information and brochures are only considered binding if they have been confirmed in writing.

4. Prices and terms of payment

1. All prices are net plus statutory sales tax. Packaging, shipping and transport costs are to be paid separately.
2. Price changes are possible in the event of cost increases (e.g. materials, taxes), provided that there is more than 3 months between contract and delivery.
3. Price adjustments are permitted in the event of delivery delays by the customer.
4. Changes made at the request of the customer result in additional expenses, which are charged separately.
5. Payment terms:
   • Merchandise: full payment upon receipt
   • Subcontracting:
     • 1/3 upon order confirmation
     • 1/3 when ready for shipment
     • 1/3 upon delivery
6. In case of late payment:
   • Performance obligations are suspended
   • Interest on arrears: 12% points above base interest rate
   • Reminder fee: 20€
   • Evidence of higher or lower damage is possible
7. Settlement/refusal of payment is only permitted in the case of undisputed or legally established claims.
8. We only accept checks/bills of exchange, if at all.

5. Dispatch and transfer of risk

1. We choose packaging, shipping route and method, unless otherwise agreed. Costs are borne by the customer.
2. The risk is transferred to the customer upon dispatch or arrival at the place of destination, even in the case of partial deliveries or other additional services.
3. In the event of a delay in shipment by the customer, the risk is transferred to him as soon as it is ready for shipment. Insurance can be provided upon request against payment in advance.
4. Partial deliveries are permitted.

6. Delivery periods and delivery dates

1. Delivery periods/dates are non-binding unless guaranteed in writing.
2. In the event of force majeure or unforeseeable circumstances, the delivery time is extended. Compensation is excluded.
3. Delivery requires proper fulfilment of the contract by the customer.
4. The customer guarantees unhindered delivery/performance.
5. In case of delay in delivery, a grace period of at least 4 weeks must be set. Compensation for non-performance is excluded.
6. In case of delay in delivery by the customer:
   • Storage costs from readiness for dispatch
   • After a deadline: alternative option is possible
   • Right of withdrawal and compensation of up to 40% of the purchase price reserved

7. Retention of title

1. The goods remain our property until full payment has been made.
2. The customer must treat the goods with care and provide adequate insurance.
3. In the event of seizures or the like, the customer must inform us immediately.
4. Resale in the ordinary course of business is not permitted.

8. Guarantee

1. In the event of defects, we will repair them. New production is excluded. After two failures: Reduction or cancellation possible.
2. Minor defects do not entitle to warranty.
3. After two unsuccessful repairs, this is considered to have failed.
4. Statute of limitations for claims for defects: 1 year from delivery.
5. Exceptions to the deadline: intent, gross negligence, warranty, damage to health, product liability, essential contractual obligations.
6. Obvious defects must be reported within 3 working days.
7. For commercial transactions: Obligation to report defects immediately within 3 working days, otherwise goods are considered approved.
8. No liability for:
   • Consequential damage
   • Third party damage
   • Damage due to improper use, faulty assembly, unsuitable equipment
9. Unauthorized changes/repairs exclude warranty.
10. In the event of late payment, we are not obliged to remedy the defect.

9. Early due date and right of withdrawal

1. If there is any doubt as to the customer's solvency, we may demand payment in advance or securities, otherwise the right of withdrawal.
2. If delivery has already been made, the invoice amount is due immediately — regardless of payment terms.

10. Confidentiality obligation

The customer undertakes to maintain confidentiality with regard to all information obtained within the framework of the contractual relationship — even after the end of the contract.

11. Place of fulfilment, place of jurisdiction

1. German law applies.
2. The place of fulfilment is our registered office.
3. If the customer is a merchant, legal entity under public law or a public special fund, our place of business is the exclusive place of jurisdiction.

12. Salvatory clause

Should any provision of these terms and conditions be ineffective, the validity of the remaining terms and conditions remains unaffected. The parties agree to replace the ineffective provision with a corresponding valid provision.