Our offers are subject to confirmation until the conclusion of the contract. We reserve the right of ownership and copyright to cost estimates, drawings and other documents.
drawings and other documents; they may not be made accessible to third parties. With regard to patent, design and
and trademark protection, acceptance and execution of the orders shall be at the risk of the customer. The customer also assumes
that the rights of third parties are not infringed by the use of drawings, samples, etc. sent in. 2.
All contracts concluded with us, even if they are concluded verbally by representatives of our company, generally require our written confirmation in orderto be legally effective .Our General Terms and Conditions shall also apply to all future contracts. Even if individual provisions are invalid, the remaining content shall remain binding. Deviating agreements and supplements are only effective if they have been confirmed by us in writing. Any terms and conditions of the orderer shall not be binding on us, even if we do not expressly object to them.
3. delivery time
Deliveries before the expiry of the delivery time and partial deliveries are permissible. All events which make delivery considerably more difficult or impossible for us shallentitle us either topostpone delivery for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract on account of the part not yet fulfilled. If the delivery time is exceeded byone month , we shall declare to the customer at his request within 2 weeks whether we are withdrawing from the contract or delivering within a reasonable period of grace. After expiry of the period of grace, the customer shall be entitled to withdraw from thecontract .Further claims due to delayed delivery are excluded.
4. prices / dispatch
Our prices are ex works in Euro incl. standard packaging. If theorder value exceeds EUR 150, the seller shall paythe shipping costs free destination within the Federal Republic of Germany ,unless otherwise agreed . Unless otherwise agreed, theroute and means of dispatch shall be atthe discretion of the seller . Theweightdetermined by us shall bedecisive for thecalculation of the freight costs .
Unless otherwise agreed, our invoices are payable 10 days after the date of invoice with 2% discount or 30 days net without deduction .In the event of a deterioration in the financial situation of the purchaser after conclusion of the contract, our claim shall become due immediately ,even in the event of a deferral . It isthen also agreed that our claims against the customer can be set off against thecustomer's claims againstus. In this case, we are also entitled to withdraw from the order or to claim damages for non-performance.
compensation for non-fulfilment. In the event of overdue payment, we shall be entitled to charge interest on arrears at a rate of 5 % above the base rate of theECB.
Complaints must be made to us in writing without delay, but no later than two weeks after receipt of the delivery .Complaints made later shall be disregarded. We must be given the opportunity to verify the complaints on site. Objected items are to be returned to us at our request.
returned to us at our request. Returns without our prior consent are not permitted.
In the event of proven material or manufacturing defects, we shall provide a warranty in accordance with the following provisions:
Unusable items will either be taken back at the invoiced price or replaced by new items corresponding tothe original order against return of the unsuitable ones free of charge ex our works. If the pieces can be repaired, we shall also be entitled to repair them .All warranty claims shall become statute-barred in accordance with the statutory provisions. Further warranty claims and claims for
claims of any kind are excluded.
7 Exclusion of liability
In all cases of damage, claims for compensation against us for any legal reason, in particular also for compensation for damage not occurring to the delivery item itself, are excluded, insofar as this is legally permissible .The purchaser is obliged to impose this exclusion of liability on his customers whenever he sells our products.
his customers. In the event of non-fulfilment of this obligation, the purchaser shall compensate us for any damage incurred by us as a result.
8. retention of title
The goods delivered by us shall remain our property until the purchase price has been paid in full and until all other claims, including future claims, arising from the business relationship have beenpaid .The acceptance of a bill of exchange or cheque shall not be deemed payment as long as it has not been honoured .The customer may not pledge the goods subject to retention of title to third parties or assign them as security. The customer shall provide us, at his own expense , with thedocuments required for the assertion of our rights in the event ofseizure and all other impairments of our rights by third parties . Theprocessing of the goods subject to retention of title by the customer shall be carried out on our behalf to the exclusion of the acquisition of ownership in accordance with § 950 BGB (German Civil Code ),without this giving rise to any liabilities on our part.If the goods subject to retention of title are processed, combined or mixed with objects not belonging to us, we shall acquire co-ownership of the intermediate and end products in the ratio of the purchase value of our goods to the value of the total products.
The new products shall be stored for us to this extent. The customer shall be entitled to sell the goods subject to retention of title and the products manufactured therefrom in the ordinary course of business, if he has
The customer shall beentitled to sell the goods subject to retention of title and the products manufactured therefrom in the ordinary course of business if he, for his part ,retains title to thesold goods under conditions corresponding to our retention of title .The purchaser hereby assigns to us theclaim from the resale against his customers withall ancillary rights as security for our claims. If the goods subject to retention of titleare sold after processing or combination or together with the goods of other suppliers, thefraction of the claims against the buyer isassigned to us which corresponds to the purchase value of our goods used for the delivery at the sales price .The customer is authorised to collect the assigned claims as long as he meets his payment obligations towards us .Upon request, the purchaser shall inform us of his customers and hand over the documents necessary for the assertion of our rights .In the event of default in payment and cessation of payments, we shall be entitled to collect theassigned claims ourselves and to have athird party bound to professional secrecy inspect thecustomer's business records in order to ascertain them .If the securities to which we are entitled hereunder exceed our claims by more than
exceedour claims by more than 20 %, we shall, at the request of the customer, release securities in the amount of the excess at our discretion. 9.
9. tool costs
Unless otherwise agreed, tool costs shall be charged on a pro rata basis without this giving rise to anyclaims to the tool .
10 Place of performance and jurisdiction
The placeof performance and jurisdiction for deliveries and payments as well as for all disputesarising between the parties is theregistered office of the seller. In addition, we are also entitled to take legal action at the registered office of the purchaser.