1. all our deliveries and services shall be effected exclusively on the basis of these General Terms and Conditions and the provisions in the respective valid price list. We do not accept any terms and conditions of the buyer which conflict with or deviate from our terms and conditions unless we have expressly agreed to their approval in writing. Individual agreements remain unaffected by the above regulation.
2 The GTC shall apply to subsequent transactions, even if no reference is made to them again.
II. conclusion of contract
1. the information contained in brochures or similar documents and the product descriptions made with any other offer such as illustrations, drawings, descriptions, dimensional, weight, performance and consumption data as well as information relating to the usability of devices for new technologies are subject to change unless they are expressly designated as binding. In particular, we reserve the right to make modifications and improvements in the interest of technical progress.
2 The orders placed by the purchaser, including those by telephone, fax or email, are binding. We are entitled to accept the contractual offer contained therein within two weeks. Acceptance can be declared by sending the order confirmation, the invoice or by delivery.
Packaging, transport costs and transport insurance may be charged to the customer in addition.
2. invoices for delivery of goods are payable within 8 days after receipt of the invoice with 2% discount or within 14 days net without deduction. We reserve the right not to grant any discount in individual cases.
3 In any case, cheques shall only be accepted on account of payment. All actual collection charges will be charged.
If the buyer defaults on payment, we will charge default interest of 3% above the respective discount rate of the Deutsche Bundesbank without further reminder, at the latest after receipt of the first reminder. The buyer reserves the right to prove a lower interest loss.
5. the buyer is only entitled to a right of retention if it is based on the same contractual relationship. The buyer can only offset with counterclaims which are either legally established, undisputed or recognised by us.
6 In commercial transactions, the buyer shall only be entitled to a right of retention, even if it is based on the same contractual relationship, insofar as his counterclaims are legally established, undisputed or recognised by us.
1. delivery dates are generally agreed without obligation and are subject to unforeseen circumstances and obstacles, irrespective of whether these occur at our premises or at the manufacturer’s, such as force majeure, government measures, non-granting of official permits, industrial disputes, sabotage, shortage of raw materials, delayed material deliveries through no fault of our own. Such events extend the delivery date accordingly, even if they occur during a delay that has already occurred. Should we be in default for more than 4 weeks, the customer may withdraw from the contract after a reasonable grace period set in writing, excluding further claims.
2 Delivery dates shall only be binding if the delivery date has been expressly confirmed in writing. However, we shall make every effort to take into account the customer’s requests for delivery dates as far as possible.
3 Unless otherwise agreed, we shall be entitled, but not obliged, to insure the customer’s goods to be dispatched against transport risks of any kind. This, as well as a possible assumption of the transport costs, has no influence on the transfer of risk.
If the buyer is in default of acceptance or violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the purchaser at the time at which the latter defaults on acceptance.
5 In commercial transactions, we shall be entitled to make partial deliveries.
6. if the customer cancels confirmed orders in whole or in part or agrees with us to postpone delivery dates for which he is responsible, we shall be entitled to insist on the performance of the contract, setting a grace period of 14 days, or to demand compensation for damages, including any additional expenses, to the extent incurred.
7. the customer has to examine the product immediately after receipt for completeness and damage. Obvious defects must be reported to us within two weeks, non-obvious defects within six months. The inspection and complaint obligations applicable to merchants pursuant to §§277,378 HGB (German Commercial Code) remain unaffected by this.
8. in the case of an agreed dispatch sale, the risk shall pass to the purchaser as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch.
V. Retention of title
1 The delivered goods remain our property until the purchase price has been paid in full. It may only be resold in the ordinary course of business either against cash payment or by passing on the reservation of title. In this case, the contractual partner hereby assigns to us the claims arising from the sale of our claims against its customers in the amount of its resale price with all ancillary rights until complete settlement of our claims.
The contractual partner is entitled to collect the assigned claims until revoked, but must inform us of the amount of the claims and the names of the debtors upon request.
3 The contractual partner shall pay the amounts collected to us insofar as our claims are due.
We are entitled to inform the debtors of the contractual partner of the assignment of the claim.
As long as the reservation of title exists, the contractual partner is not entitled to pledge the delivered goods, to assign them by way of security or to rent them out.
If the contractual partner does not meet the obligations resulting from the reservation of title, the total claim against him shall become due immediately.
7. the right to resale expires with delay of payment of the financial circumstances of the contracting partner. Should a significant deterioration of the contractual partner occur or should the contractual partner be in default of payment, the contractual partner shall be obliged to notify us thereof and to return the goods upon request.
If the delivery item is inseparably combined or mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery item to the other combined or mixed items at the time of the combination or mixing. If the combination or mixing takes place in such a way that the buyer’s item is to be regarded as the main item, it shall be deemed agreed that the buyer assigns us proportionate co-ownership. The buyer shall keep the sole ownership or the co-ownership in safe custody for us.
9. in commercial transactions, the goods owned by us for the duration of the retention of title shall be insured by the buyer against fire, water, theft and burglary. The rights from this insurance are assigned to us. We accept this assignment.
1. liability shall be limited to such damage as could reasonably have been expected at the time of conclusion of the contract according to the circumstances known at the time. No liability is accepted for unforeseeable damages.
2 No further liability shall be accepted for indirect damage, consequential damage or loss of profit.
3 The liability for bad or non-fulfilment is limited to grossly negligent breach of contract.
4 The claims for damages expire six months after delivery.
VII General Provisions
1 The customer is not entitled to assign his claims from the contract.
The place of jurisdiction for all disputes arising between us and the contractual partners from contractual relationships shall be Berlin.
3. the law of the Federal Republic of Germany shall apply exclusively to all disputes between us and the contractual partners arising from the contractual relationships.
Should one or more provisions of these GTC be or become invalid, or should this contract text contain a loophole, the contracting parties shall replace or supplement the invalid or incomplete provisions with an appropriate provision which corresponds as far as possible to the economic purpose of the intended provisions. The validity of the remaining provisions shall remain unaffected.
Translated with www.DeepL.com/Translator (free version)