General Terms and Conditions

2.1 The goods shall be invoiced at the prices valid on the day of the order confirmation plus the statutory amount of value added tax payable thereon.

2.2 However, if a delivery period of more than 4 months from the date of our order confirmation is agreed or if delivery can only take place later than 4 months after order confirmation for reasons for which the customer is responsible, we shall be 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 email to the email address provided. The customer may 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 deductions by the last payment date specified in the invoice at the latest, free point of payment. We reserve the right to supply 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 stated 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. We reserve the right to claim a lump sum of €40 in accordance with Section 288 (6) BGB. If the customer defaults on payment of an invoice, all our claims against the customer arising from the business relationship shall become due for payment immediately. We shall then only be obliged to make further deliveries against advance payment.
4.3 If the customer is in arrears with the payment of a due invoice, he shall also bear the judicial and extrajudicial costs of dunning, court and enforcement proceedings. Clause 4.2. remains unaffected.

4.4 Cheques and bills of exchange shall be accepted at our discretion and always only on account of payment. In the case of bills of exchange, their charges and costs as well as the risk of timely presentation and protesting shall be borne in full by the customer.

4.5 Cash discount deductions require an express agreement with us. A discount deduction can only be recognised if the payment has been received by us at the agreed time or at the time specified in the invoice.

5.1 The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us. In addition, the customer is authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

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

6.1 We endeavour to take your wishes regarding delivery times into account. Binding delivery times require a separate written agreement.
6.2 Compliance with our delivery obligation presupposes the timely and proper fulfilment of the customer's obligation. We reserve the defence of non-performance of the contract.

6.3 If the customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims or rights.
6.4 If the conditions of 6.3. 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 debtor's delay.

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 constitutes a breach of a material contractual obligation, statutory liability shall apply. However, in the event of a merely negligent breach of duty, this shall be 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 are already in default, the customer shall be entitled to withdraw from the contract if this grace period expires without result; the customer shall only be entitled to claims for damages due to non-fulfilment in the amount of the foreseeable damage if the delay is due to intent or gross negligence or to the breach of a material contractual obligation; otherwise, liability for damages shall be limited to 50% of the damage incurred.
6.7 The limitations of liability pursuant to Sections 6.5 and 6.6 shall not apply if a commercial transaction for delivery by a fixed date has been agreed; they shall also not apply if the customer can assert that the immediate assertion of the claim for compensation for the damage instead of performance can be considered due to the delay for which we are responsible.


6.8 Cases of force majeure shall suspend the contractual obligations of the parties for the duration of the disruption and to the extent of its effect. If the resulting delays exceed a period of 6 weeks, both contracting parties shall be entitled to withdraw from the contract with regard to the affected scope of performance. Other claims do not exist.

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

7.1 We reserve title to the delivered goods.

7.2 The retention of title in accordance with Clause 7.1 shall remain in force until all our claims arising from the business relationship have been paid. This shall also apply 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 in payment, we shall be entitled to take back the purchased item. If we take back the purchased item, this shall constitute a cancellation of the contract. After taking back the purchased item, we shall be authorised to sell it; the proceeds from the sale shall be offset against the customer's liabilities - less reasonable selling costs. We are authorised to make deductions of up to 20% of the invoice amount on the returned goods without proof, unless the customer proves that no or a significantly lower reduction in value has occurred.
7.4 The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure it sufficiently at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense. The customer shall be liable to compensate us for any further reduction in value suffered by the delivered goods.
7.5 The customer shall be 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 the customer and the customer's customer with regard to the claims arising from the delivery.
7.6 The retention of title shall also extend to the full value of the products resulting from the processing, mixing and combining of our goods, whereby we shall be deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of these processed goods.
7.7 The customer hereby assigns to us as security the claims against third parties arising from the resale in total or in the amount of our possible co-ownership share in accordance with Clause 7.6. The customer is authorised to collect these claims for our rights until revocation or suspension of his payments to us. The customer is also not authorised to assign these claims for the purpose of debt collection by way of factoring, unless the obligation of the factor is simultaneously established to effect the consideration in the amount of our share of the claim directly to us as long as we still have claims against the customer.
7.8 The customer undertakes neither to encumber the goods subject to retention of title with third-party rights nor to assign them to a third party as fuses until all our claims have been completely fulfilled. He undertakes to notify us immediately if the goods are seized for third parties or other rights are asserted against them. The customer shall provide us with the information required to safeguard our rights and shall leave his documents in safe hands. All intervention costs shall be borne by the customer.
7.9 We undertake to release the securities to which we are entitled at the customer's request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%; we shall be responsible for selecting the securities to be released.

8.1 Transport of the goods from the supplier's works or from our warehouse to the customer's destination shall be at the customer's expense and risk. This shall also apply if carriage paid delivery has been agreed.

9.1 Claims for defects by the customer presuppose that the customer has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB. Obvious defects can only be notified within a preclusive period of 5 working days from delivery. Visible transport damage must be reported to the deliverer upon receipt of the goods.
9.2 If there is a defect in the purchased item, the customer is entitled to choose between subsequent fulfilment in the form of rectification of the defect or delivery of a new item free of defects. In the event that the subsequent fulfilment fails, 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 subsequent fulfilment in this notification, we shall be entitled to set the customer a reasonable period of time to exercise his right to choose and, after this period has expired without success, to carry out the subsequent fulfilment at our discretion.


9.4 Notifications of defects and complaints must be made in text form 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 accused of intentional breach of contract, liability for damages shall be limited to the foreseeable, typically occurring damage.
9.6 We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, our liability for damages shall also be limited to the foreseeable, typically occurring damage. A material contractual obligation shall be deemed to exist if the breach of duty relates to an obligation on the fulfilment of which the customer has relied and was entitled to rely.
9.7 If the customer is an entrepreneur, the customer's claims shall become time-barred within one year from the start of the statutory limitation period. This does not apply if the customer has purchased an item that has been used for a building in accordance with its normal use and has caused its defectiveness.

9.8 The limitation period in the event of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years, calculated from 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 assume no liability for their correctness; they do not exempt the customer from carrying out their own checks and tests.

10.1 Any further liability for damages other than that provided for in clause 9 is excluded, irrespective of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage pursuant to Section 823 of the German Civil Code (BGB)
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10.2 The limitation according to clause 10.1 shall also apply if the customer demands compensation for useless expenses instead of a claim for damages.

10.3 Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.
10.4 In the event of breaches of secondary obligations for which we are not responsible, the customer's right to withdraw from the contract is excluded. This shall not apply to breaches of secondary obligations that consist of the delivery of newly manufactured defect-free items.