Terms and Conditions
(1) These terms and conditions of sale apply exclusively to companies, legal entities under public law or special funds under public law within the meaning of § 310 paragraph 1 BGB (German Civil Code). We only recognize terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.
2) These terms and conditions of sale shall also apply to all future transactions with the customer, provided that these are legal transactions of a related nature (as a precaution, the terms and conditions of sale should always be attached to the order confirmation).
§ 2 Offer and conclusion of contract
Insofar as an order is to be regarded as an offer in accordance with § 145 BGB (German Civil Code), we can accept it within two weeks.
§ 3 Provided documents
We reserve the property rights and copyrights to all documents provided to the customer in connection with the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so. If we do not accept the customer's offer within the period specified in § 2, these documents must be returned to us immediately.
§ 4 Prices and Payment
(1) Unless otherwise agreed in writing, our prices are ex works, excluding packaging and plus VAT at the applicable rate. Packaging costs will be invoiced separately.
(2) Payment of the purchase price shall be made exclusively to the account specified overleaf. The deduction of cash discount is only permissible if specifically agreed in writing.
*) Please note the user instructions on the previous page and the comments in Appendix 1!
(3) Unless otherwise agreed, the purchase price shall be payable within 10 days of delivery (alternatives: “... the purchase price shall be payable within 21 days of the invoice date” or “... the purchase price shall be payable by - specific date -”). Interest on arrears shall be charged at a rate of 8% above the respective base interest rate per annum (see Appendix 1). The right to claim higher damages for default shall remain reserved.
(4) Unless a fixed price has been agreed, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries that take place three months or more after the conclusion of the contract.
§ 5 Rights of retention
The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 Delivery time
(1) The commencement of the delivery time stated by us requires the timely and proper fulfillment of the customer's obligations. The right to object to the unfulfilled contract remains reserved.
(2) If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damages incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. Insofar as the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or payment.
(3) In the event of a delay in delivery not caused by us intentionally or through gross negligence, we shall be liable for each full week of delay within the scope of a flat-rate compensation for delay in the amount of 3% of the delivery value, but not more than a maximum of 15% of the delivery value.
(4) Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.
§ 7 Transfer of risk upon shipment
If the goods are shipped to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, but no later than upon leaving the factory/warehouse. This shall apply regardless of whether the goods are shipped from the place of performance and regardless of who bears the freight costs.