Our range of goods and services is meant for businesspeople and freelancers only. All prices are in Euro and do not include VAT (sales tax).
Our General Terms and Conditions alone apply to the sale of our goods. By placing the order, our business partner agrees with their exclusive applicability, including for future business transactions, even if no reference to this is made in our General Terms and Conditions. If the business partner places the order such that it differs to our General Terms and Conditions by referring to other, different General Terms and Conditions, our General Terms and Conditions only continue to apply even if we don’t contradict the difference caused by the reference to it. This type of deviation from our General Terms and Conditions by the business partner only applies if they are expressly acknowledged in writing by us.
1.2 Our General Terms and Conditions of Business take precedence over any differing Terms and Conditions of our business partners.
1.3 If (partial) provisions of these General Terms and Conditions contradict binding legal regulations, these (partial) provisions are not applicable. This applies in particular to the purchase of consumer goods (§§ 474 ff of the BGB – the German Civil Code).
2.1 Orders sent to us are binding offers which remain binding until such time as they are accepted or rejected by us.
2.2 Delivery of the goods without further clarification by us is considered as the acceptance of the offer by the business partner.
3.1 Unless otherwise stipulated in the agreements made, our prices apply ex factory.
3.2 Unless agreed otherwise, our prices are subject to VAT.
3.3 Our invoices are due immediately.
– For payment received within 10 days of receipt of the invoice, we grant 2% discount.
– For payment received within 30 days of receipt of the invoice, no interest on arrears is payable.
– For advance payment, the issuance of a direct debit authorisation and immediate payment of the invoice, we grant 4% discount.
– For payment made by cash on delivery, we grant 2% discount.
3.4 If the Customer is in arrears to us by 10% (ten percent) of the overall debt burden – irrespective of whether they are due) for at least three weeks, all existing debts immediately become due even if they wouldn’t have been due or if differing payment periods or deferment of payment had been agreed.
3.5 Our business partners are only entitled to set off claims if the set-off claims have been legally ascertained, acknowledged by us or are undisputed.
3.6 We are justified in transferring the claims from our business relationships. The transfer of claims made against us and debts of our business partners to third parties is only effective following the granting of our agreement / our consent.
3.7 If, following the conclusion of a contract, we become aware of issues which indicate a considerable worsening of the financial situation of our business partner compared to that assumed by us at the time of the conclusion of the contract, we are then entitled to request advance payment before delivery or an appropriate, other form of security, even if this has not been agreed.
4.1 The customer grants us an appropriate extended deadline on the agreed delivery dates, unless it is expressly agreed in the contract that the delivery date is binding and that no extended deadline is granted.
4.2 If we get into delay in delivery, claims to the reimbursement of damage caused by default only arise following expiry of the extended deadline to be set by the business partner (figure 4.1), unless we are not entitled to an extended deadline.
4.3 We are entitled to make partial deliveries and to make deliveries in several sequences. Our right to make partial deliveries only expires if the partial receipt of the delivery is unreasonable for the customer.
4.4 If the agreed delivery date / the delivery period cannot be kept due to reasons for which we are not responsible, such as delays to deliveries caused by third parties, the lack of raw materials, auxiliary materials or energy, strikes or lock-outs, natural disasters), the delivery deadline is extended accordingly.
5.1 In the event of guarantee claims, we are entitled to rectify any defect or to make a replacement delivery at our discretion. The Customer is not entitled to withdraw from the contract or to demand a reduction to the price so long as we are entitled to rectify any defects or make a replacement delivery: § 440 para. 2 S. 2 of the BGB applies.
5.2 If the rectification of the defect in accordance with figure 5.1 fails or if we are not prepared to rectify the defect or are not able to rectify the defect, or if the rectification of the defect or replacement delivery is not made within the appropriate deadline set in writing, the Customer is entitled to withdraw from the contract or to demand a reduction in the purchase price.
5.3. Further-reaching claims to performance and rights to claim damages for performance asserted by our business partner are excluded.
5.4 The limitation of liability under figure 5.3 does not apply if these claims are based on intent or gross negligence, or if it is concerned with personal damage.
5.5 Our liability for negligibly caused material and financial damage is limited to the foreseeable amount of the damage.
5.6 The guarantee period is regulated by legal regulations: the same applies to consequential harm caused by a defect.
5.7 Further-reaching binding legal claims of the business partner are unaffected by this: this applies in particular to claims by consumers and rights to return in long-distance transactions.
6.1 We reserve the right of ownership to the purchased goods until receipt of all payments from the business relationship. The business partner is entitled to avail themselves of the goods, in particular to sell them, to process them and to use them, even before acquiring full ownership as part of the process of standard business.
6.2 The business partner already transfers to us all claims arising from the resale until such time as we have received all open payments.
6.3. The business partner is obliged to handle with care the purchase item as long as we reserve the right of ownership to such. In particular, they are obliged to insure it against theft, fire and water damage to the original value: the business partner is responsible for the costs of the insurance.
6.4 In the event of the attachment of goods covered by the reservation of ownership, our business partner is to notify us immediately and to share with us the information necessary for pursuing our claims.
6.5. If our delivered goods are mixed or blended with other goods which do not belong to us, we acquire co-ownership to the new or mixed goods at the ratio of our goods to those goods with which the mixing or blending occurs. If the goods of our business partner are considered as the main goods, they are to transfer to us the appropriate co-ownership.
6.6 Upon request to do so by our business partner, we are obliged to release the securities to which we are entitled, if and to the extent to which the proceeds minus deduction of the anticipated utilisation costs are higher than 120% of our claim.
6.7 In the event of the delivery of goods to countries in which our reservation of ownership is not valid, and our (reservation of) ownership expires, at our discretion we can make an advance payment, pay by means of a commercial letter of credit or by providing a security and retain our delivery despite fixed delivery dates or delivery periods.
7.1 If the business partner discovers any violations of industrial property rights to which we are entitled, they are obliged to notify us of such immediately, and to provide us with the information they have at their disposal.
7.2 Unless other agreements have been made, sketches, drafts, final drawings, original samples, films, sample print-outs, sample punched parts and sample embossed parts and tools remain the property of the former owner, even if they have been provided to the other business partner as part of the business transactions.
7.3 The place of performance is where we have our headquarters from where we make our deliveries.
7.4 The legal relationship between us and our business partners is subject exclusively to German law, in particular the German Civil code and the Commercial Code (excluding the CISG). The agreement of the applicability of German law further applies to the area of fault upon conclusion of the contract and to breach of contract.
7.5 Only the pertinent competent court in whose district we have our headquarters is agreed as the place of jurisdiction for all disputes. This provision only applies if our Customer is a businessman, legal person under public law or public special asset.