§ 1 General – Scope of application
1 All deliveries shall be made exclusively in accordance with these General Terms and Conditions.
- our terms and conditions apply exclusively; we do not recognise conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing.
Our terms and conditions shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our terms and conditions.
All agreements made between us and the customer for the purpose of executing this contract shall be set down in writing.
5 Our terms and conditions of sale shall only apply to entrepreneurs within the meaning of § 310 para. 1 BGB (German Civil Code).
6 Our terms and conditions of sale shall also apply to all future transactions with the customer.
§ 2 Offer – Offer Documents
1 Our offers are subject to change without notice. A contract is only concluded by our written order confirmation. It is based exclusively on the content of the order confirmation and these general terms and conditions.
- If the order is to be qualified as an offer according to § 145 BGB, we can accept it within 2 weeks.
We reserve the property rights and copyrights to illustrations, drawings, calculations and other documents; they may not be made accessible to third parties.
This applies in particular to such written documents which are designated as “confidential”; the customer requires our express written consent before passing them on to third parties.
§ 3 Prices – Terms of payment
Unless otherwise stated in the order confirmation, our prices shall apply “ex works”, excluding packaging; this shall be invoiced separately. If fees are incurred for the transfer of money, these shall be borne in full by the customer.
We reserve the right to change our prices accordingly if cost reductions or cost increases occur after conclusion of the contract, in particular due to collective wage agreements or material price increases.
The statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing. The deduction of discounts requires a special written agreement. Unless otherwise stated in the order confirmation, the purchase price is due net (without deduction) in advance.
The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us.
- the purchaser shall also not be entitled to any right of retention due to disputed counterclaims. Furthermore, the customer shall only be entitled to offset such counterclaims based on the same contractual relationship.
We reserve the right to accept cheques and bills of exchange; they are accepted on account of performance. We shall invoice any bill of exchange and discount charges incurred.
§ 4 Delivery period
- the beginning of the delivery period stated by us presupposes the clarification of all technical questions.
2 Compliance with our delivery obligation shall also be subject to the timely and proper fulfilment of the customer’s obligation. We reserve the right to plead non-performance of the contract.
If the customer 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. In this case, the risk of accidental loss or accidental deterioration of the purchased item shall also pass to the customer at the point in time at which the customer is in default of acceptance.
- if the conditions of paragraph 3 are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the time at which he is in default of acceptance or debtor’s delay.
We shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents shall be attributable to us. Insofar as the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.
- we shall be liable in accordance with the applicable provisions insofar as the delay in delivery for which we are responsible is based on the culpable breach of an essential contractual obligation; in this case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.
- the damage to be compensated is limited to the sum of the scope of delivery.
- further legal claims