(1) These conditions of sale apply exclusively to companies, legal persons under public law or special-purpose entity organized under public law, in accordince to § 310 Paragraph 1 German Civil Code. The conditions of sale proposed by the customer, which differ from our own, shall only be recognized, if we explicitly agree to them being valid in writing.
(2)These conditions of sale are also valid for future transactions with the purchaser, as far as legal transactions of an associated nature are concerned.
All documents, such as calculations, drawings etc., which have been provided to the purchase in connection with the order assignment, are subjected to proprietary and copy rights. These documents are not allowed to be made accessible to third parties, unless we give our explictly written consent to the customer.
(1) Unless stated otherwise, our prices are valid ex works plus VAT at the applicable rate.
(2) If the net price of the order exceeds the sum of 250.00 €, we provide free shipping on the territory of Germany.
(3) The payment of the purchase price must be made exclusively to the account mentioned in the invoice.
(4) The purchase price is to be paid within 30 days from the delivery. If the payment is made within 14 das, we guarantee a cash discount in the amount of 2%. Default interests are calculated at 8% above the respective base rate per year. The assertion of a higher damage caused by the default remains reserved.
The customer shall be entitled to offset only if his counterclaims are legally determined or indisputable. The purchaser is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
(1) Der Beginn der von uns angegebenen Lieferzeit setzt die rechtzeitige und ordnungsgemäße Erfüllung der Verpflichtungen des Bestellers voraus. Die Einrede des nicht erfüllten Vertrages bleibt vorbehalten.
(1) The beginning of the delivery time specified by us requires the timely and proper fulfillment of the customer obligations. The objection of a non-fulfilled contract remains reserved.
(2) If the customer falls into default or if he culpably violates other obligations of cooperation, we are entitled to demand compensation for the damages incurred, including possible additional expenditures. Further claims remain reserved. If the above-mentioned conditions are met, the risk of accidental loss or accidental deterioration of the purchased goods is transferred to the customer, at the time at which he is in default of acceptance or default.
(3) In the situation that there is a delay in delivery, caused by us, not intentionally or through gross neglience, we will be liable for a default of 3% of the delivery value, but no more than 15%, for each completed week.
(4) Further legal claims and customer rights due to a delay in delivery shall remain unaffected.
(1) We reserve the ownership to the delivered goods until the complete payment of all claims arising from the delivery contract. This is also valid for future deliveries, even if we do not always explicitly refer to them. We are entitled, to take back the purchased goods, if the customer behaves in breach of contract.
(2) The customer is obliged, as long as the property has not yet been transferred to him, to handle the purchased object with care. He is particularly obliged, to insure this, at his own expense, against theft, fire and water damage, at replacement cost. If the property has not yet been transferred, the customer has to notify us right away, in writing, if the delivered object has been seized or if there were other interventions by third parties. If the third party is not able to reimburse us, to cover the judicial and extrajudicial costs of a successful litigation, pursuant to § 771 Code of Civil Procedure, the customer is liable for the losses we have incurred.
(3) The customer is entitled to resell the reserved goods in normal business transactions. The customer hereby now already assigns the claims of the purchaser resulting from the resale of the reserved goods, in the amount of the final invoice total agreed with us (including VAT). This clause remains valid, whether or not the delivered goods have been reprocessed or reworked before resale. The purchaser remains authorized to collect the receivables even after assignment. Our authorization to collect the receivables ourselves remains unaffected therefrom. We will not exercise our collection claims, however, so long as the buyer continues to meet his payment obligations arising out of the proceeds collected, is not in default of payment and, particularly, when no application for the opening of insolvency proceeding has been made or there has been a notice to suspend payment issued.
(4) The processing or reworking of the goods by the customer, shall always be on behalf and by order of us. In this case, the reversionary interest of the purchaser in the goods purchased will continue in the reconstructed object. If the ordered item is processed with other objects that do not belong to us, we acquire the joint ownership of the newly resulting item at a ratio of the objective value of our purchase item, at the time of the reprocessing. The same is valid in case of mixture. Insofar as the mixing occurs in such a way, that the item of the purchaser is to be regarded as the main item, it shall be deemed that the buyer transfers proportionate co-ownership to us and keeps the so resulted alone property or joint ownership to us. To secure our claims against the purchaser, the purchaser also assigns to us any receivables accruing to him from combination of the goods subject to retention with real property against a third party, we already accept the assignment with immediate effect.
(1) Should the delivered goods have any defects existing on the time of delivery, the suppliers warranty covers amendments and replacements up on his choice under the condition that the customer has claimed in due time and form. The opportunity to carry out repairs within an appropriate period is always to be given to us. Recourse claims shall remain unaffected by the above regulation without restriction.
(2) The period for sending notifications regarding delivered goods amounts to ten workdays.
(3) If the post-performance fails, the customer notwithstanding possible claims for damages - may withdraw from the contract or reduce the compensation.
(1) German laws shall apply for this contract and the entire legal relationship of both parties, excluding application of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and the exclusive jurisdiction for all disputes is our seat of business, unless otherwise indicated in the order confirmation.
(3) All agreements that are made between the parties for the purpose of the execution of this contract are stipulated in writing, in this contract.
(4) Should individual conditions of this contract be or become unenforceable or contain holes, the other conditions will not be affected by this. Instead of the unenforceable regulations, the parties commit themselves to agree upon a regulation permitted by law, which most closely corresponds to the economic purpose of the invalid provision or fills the loophole.