Terms & Conditions

2.1. The goods will be charged at the prices valid on the day of the order confirmation plus the VAT attributable thereto at the statutory rate.

2.2. However, if a delivery period of more than 4 months from the day of our order confirmation is agreed or if the delivery can only take place later than 4 months after order confirmation for reasons for which the customer is responsible, we are entitled to charge the prices applicable on the day of delivery.

The customer agrees to receive invoices electronically. Electronic invoices are sent to the customer in pdf format by e-mail to the e-mail address provided. The customer can object to the sending of invoices in electronic form at any time.

4.1. Unless otherwise agreed in writing, our invoices are due for payment immediately upon receipt of the invoice and must be paid to us without any deduction at the latest by the last payment date specified in the invoice. We reserve the right to deliver to customers only against advance payment.

4.2. The Customer shall be in default of payment by a reminder after the due date, without a reminder upon expiry of the payment date specified in the invoice, but no later than 30 days after the due date and receipt of an invoice. We are entitled to charge €2.50 for each reminder. The right to assert the lump sum in accordance with § 288 (6) BGB in the amount of € 40 is reserved. If the customer is in default with the payment of an invoice, all our claims against the customer from the business relationship become due for payment immediately. We are then only obliged to make further deliveries against advance payment.

4.3. If the customer is in default with the payment of a due invoice, he must also bear the judicial and extrajudicial costs of dunning, court and enforcement proceedings. Point. 4.2. remains unaffected.

4.4. The acceptance of cheques and bills of exchange is at our sole discretion and always only on account of payment. In the event of bills of exchange, their expenses and costs as well as the risk of timely presentation and protest raising shall be borne in full by the customer.

4.5. Discount deduction requires an express agreement with us. A discount deduction can only be accepted if the payment has been received by us at the agreed time or specified in the invoice.

5.1. The customer is only entitled to rights of set-off if his counterclaims are legally established, undisputed or acknowledged by us. In addition, the customer is entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

5.2. If the customer is a merchant, he is not entitled to the defense of non-performance of the contract or the right of retention due to counterclaims.

6.1. We will endeavour to take into account your wishes regarding delivery times. Binding delivery times require a separate written agreement.

6.2. Compliance with our delivery obligation requires the timely and proper fulfilment of the customer's obligation. We reserve the right to raise the objection of non-performance of the contract.

6.3. If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to further claims or rights.

6.4. If the requirements of 6.3 are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time when the customer has become accepted or in default of debt.

6.5. If we are in default of delivery for reasons for which we are responsible and the delay is due to intent or gross negligence or if this constitutes a breach of a material contractual obligation, the statutory liability shall remain. However, in the case of a negligent breach of duty, this is limited to the foreseeable damage in each case. If the delay in delivery is due to slight negligence, our liability is limited to a maximum of 15% of the delivery value.

6.6. If the customer sets us a reasonable grace period after we have already been in default, he is entitled to withdraw from the contract after the fruitless expiry of this grace period; The customer is only entitled to claims for damages due to non-performance in the amount of the foreseeable damage if the delay is due to intent or gross negligence or to the violation of a material contractual obligation; otherwise, liability for damages is limited to 50% of the damage incurred.

6.7. The limitations of liability pursuant to No. 6.5. and 6.6. shall not apply if a fixed commercial transaction has been agreed; they also do not apply if the customer can assert that the immediate assertion of the claim for compensation for the damage instead of performance is possible due to the delay for which we are responsible.

6.8. Cases of force majeure suspend the contractual obligation of the parties for the duration of the disruption and to the extent of its effect. If the resulting delays exceed the period of 6 weeks, both parties to the contract are entitled to withdraw from the contract with regard to the scope of services concerned. There are no other claims.

6.9. If we submit cost invoices from customers to freight forwarders, carriers or other transport companies, this is done voluntarily, without acknowledging any legal obligation and does not mean that we consider these invoices to be justified or that we are obliged to settle these invoices.

7.1. We reserve title to the delivered goods.

7.2. The retention of title pursuant to No. 7.1. shall remain in force until all of our claims arising from the business relationship have been paid. This also applies if individual invoices have been paid by the customer.

7.3. In the event of breach of contract by the customer, in particular in the event of default of payment, we are entitled to take back the purchased item. The withdrawal of the purchased item by us constitutes a withdrawal from the contract. After taking back the purchased item, we are entitled to recycle it, and the proceeds of the sale are to be offset against the customer's liabilities – less reasonable disposal costs. We are entitled to make deductions of up to 20% of the invoice amount on the returned goods without proof, unless the customer can prove that no or significantly lower depreciation has occurred.

7.4. The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure them at his own expense against fire, water and theft damage sufficiently at replacement value. If maintenance and inspection work is necessary, the customer must carry them out in good time at his own expense. The customer is obliged to compensate us for any kind of further depreciation that the delivered goods suffer from him.

7.5. The customer is entitled to dispose of the goods subject to retention of title in the ordinary course of business, unless an exclusion of assignment has been agreed between him and his customer with regard to the claims arising from the delivery.

7.6. The retention of title also extends to the products resulting from the processing, mixing and combination of our goods at their full value, whereby we are deemed to be the manufacturer. If, in the event of processing, mixing or combination with third-party goods, their right of ownership remains, we acquire co-ownership in proportion to the invoice values of these processed goods.

7.7. The customer already accepts the claims against third parties arising from the resale in full or in the amount of our possible co-ownership share in accordance with No. 7.6. to us for security. He is authorized to collect these for our rights until the revocation or cessation of his payments to us. The customer is also not entitled to assign these claims for the purpose of collecting receivables by way of factoring, unless at the same time the obligation of the factor is established to effect the consideration in the amount of our share of the receivables directly to us as long as there are still claims on our part against the customer.

7.8. The customer undertakes not to encumber the goods with retention of title for the full fulfilment of all our claims with the rights of third parties, nor to transfer them to a third party as security. He undertakes to notify us immediately if the goods are seized for third parties or if other rights to them are asserted. The customer must provide us with the information necessary to protect our rights and leave his documents in loyal hands. All intervention costs are borne by the customer.

7.9. We undertake to release the collateral to which we are entitled at the request of the Client to the extent that the realisable value of our collateral exceeds the receivables to be secured by more than 10%; the selection of the securities to be released is up to us.

8.1. The transport of the goods from the delivery plant or from our warehouse to the customer's destination is at the customer's expense and risk. This also applies if carriage-free delivery has been agreed.

9.1. Claims for defects by the customer require that the customer has duly complied with its obligations to inspect and complain under Section 377 of the German Commercial Code (HGB). Obvious defects can only be reported within a cut-off period of 5 working days from delivery. Visible transport damage must be reported to the delivery person upon receipt of the goods.

9.2. If there is a defect in the purchased item, the customer is entitled to subsequent performance in the form of a defect remedy or to deliver a new defect-free item at his discretion. In the event of failure of subsequent performance, the customer reserves the right to withdraw from the contract or reduce the purchase price at his discretion.

9.3. If the customer notifies us of a defect and does not exercise his right to choose the type of supplementary performance in this notification, we are entitled to set the customer a reasonable period of time to exercise his right of choice and, after the unsuccessful expiry of this period, to carry out the supplementary performance at our discretion.

9.4. Notices and complaints of defects must be in text form in order to be effective.

9.5. We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not charged with an intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.

9.6. We are liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, liability for damages is also limited to the foreseeable, typically occurring damage. A material contractual obligation exists if the breach of duty relates to an obligation on the fulfilment of which the customer has relied and was also entitled to rely.

9.7. If the customer is an entrepreneur, the customer's claims become time-barred within one year from the statutory start of the limitation period. This does not apply if the customer has purchased an item that has been used for a building in accordance with its usual use and has caused its defectiveness.

9.8. The limitation period in the event of recourse for delivery pursuant to Sections 478 and 479 of the German Civil Code shall remain unaffected; it shall be five years from the date of delivery of the defective item.

9.9. Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.

9.10. Unless otherwise stipulated above, liability is excluded.

9.11. Data, information, illustrations, descriptions and dimensions are non-binding and are for illustrative purposes only. We do not assume any liability for their accuracy, they do not exempt the customer from their own tests and tests.

10.1. A further liability for damages than in No. 9 is excluded – regardless of the legal nature of the claim asserted. This applies in particular to claims for damages due to fault at the conclusion of the contract, due to other breaches of duty or due to tortious claims for compensation for property damage pursuant to § 823 BGB.

10.2. The limitation under No. 10.1. shall also apply insofar as the Customer demands reimbursement of useless expenses instead of a claim for compensation for damage, instead of performance.

10.3. Insofar as liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.

10.4. In the event of breaches of ancillary obligations for which we are not responsible, the customer's right to withdraw from the contract is excluded. This does not apply to breaches of ancillary duties consisting in the delivery of newly manufactured defect-free goods.