Terms and Conditions

Terms and Conditions of Sale and Delivery (Terms and Conditions)

The following terms and conditions apply to every business transaction. Special terms and conditions, amendments, and ancillary agreements are only binding for us if we have expressly confirmed them in writing. Conflicting terms and conditions of the business partner are not binding for us, even if they were the basis for their inquiry or order; we expressly object to these.

1. Offers: Our offers are subject to change.

2. Orders: Orders placed with us are only considered accepted after written confirmation. Our written order confirmation is decisive for the scope of delivery. Ancillary agreements are only valid if they are confirmed by us in writing. Our sales staff are not authorized to enter into verbal ancillary agreements or give verbal assurances that go beyond the written purchase contract. After order confirmation, the order is released for production. Even if the delivery date has not yet been reached, confirmed orders can therefore only rarely be canceled and always only after consultation. After planning or production, we must insist on acceptance or, if necessary, compensation for damages. In the event that the buyer withdraws from this contract or fails to fulfill their obligation to accept, we are entitled to claim damages for non-performance. In this case, we are entitled, without prejudice to the right to claim higher actual damages, to claim 30% of the purchase price as compensation. In this case, proof of damages is not required. The documents accompanying the offer, such as illustrations, drawings, and weight specifications, are only approximate unless expressly designated as binding. For deliveries of small quantities, we reserve the right to deliver up to 10% more or less than the ordered quantity.

3. Prices: Prices and discounts are subject to change. We reserve the right to increase prices proportionately if individual cost factors (material prices, wages, etc.) change after the contract has been concluded. Prices are generally ex works and exclude packaging and delivery. Deviations are subject to special written agreement. We reserve the right to charge appropriate surcharges for deliveries of small quantities.

4. Delivery Period: All information regarding delivery times is approximate or non-binding. Delivery dates, which can be agreed upon as binding or non-binding, must be stated in writing. Force majeure or inability for which we or our suppliers are not responsible (e.g., traffic or operational disruptions, strikes, material shortages, etc.) entitle us to postpone delivery or to withdraw from the contract in whole or in part. We are entitled to make partial deliveries to a reasonable extent.

5. Payments: Our prices are generally exclusive of statutory VAT. Calculations are based on the quantities and weights determined by our shipping department. The purchase price is payable net cash, unless otherwise agreed. If the payment deadline is exceeded, we reserve the right, after the first reminder, to charge default interest at the usual bank interest rate. If a due invoice amount remains unpaid despite three reminders, all remaining outstanding invoice amounts will also become due and payable, and we reserve the right to demand immediate payment, even if the agreed payment date has not yet expired. The acceptance of bills of exchange, checks, orders, and the like remains at our sole discretion. Acceptance is always subject to payment and use without any exchange rate or loss, and to the calculation of the costs for discounting and collection. Retention of invoice amounts and offsetting against any counterclaims are excluded unless these are recognized by us or have been legally established. Complaints about invoices can only be considered within one week of receipt of the invoice.

6. Creditworthiness: We make the establishment of a business relationship and the granting of credit dependent on satisfactory information. In the event of insufficient information, we are not bound by this, even if the order has already been confirmed prior to receipt of the information. In the event of insufficient information or a deterioration in the business partner's financial situation, we are also entitled to demand immediate payment for any outstanding bills of exchange and the outstanding balance, whereby we reserve the right to withdraw from ongoing contracts. Should circumstances become known to us after the conclusion of the contract that make credit unsafe, we are entitled to demand security or advance payment of the full purchase price, or to withdraw from the contract.

7. Shipping: Delivery is always at the customer's expense and risk. Unless we are given specific instructions, we will ship to the specified address at our best discretion, without assuming any liability for the cheapest shipping method.

8. Packaging: We charge for packaging at standard market prices. Packaging is generally not taken back. Liability for faulty packaging is limited to gross negligence and willful intent.

9. Retention of Title: We retain title to the items delivered by us until full payment of the purchase price and until payment of all previous and future deliveries of goods within the business relationship. Bills of exchange and checks are only considered payment upon redemption. The purchaser is not entitled to pledge or transfer as security the goods delivered by us to third parties as long as the retention of title is in effect. The purchaser must notify us immediately of any seizure of the goods by third parties during the retention of title. The purchaser may process and sell the goods within the scope of ordinary business transactions. In the event of resale of the goods delivered by us, the purchaser's claims against third parties arising from the resale shall pass to us as security for our claims. If the goods delivered by us are resold to third parties after processing or processing, or together with goods from other suppliers, the portion of the purchaser's respective claim against the third party is assigned to us, corresponding to the ratio of the value of our items used for the delivery to the total purchase price.

10. Execution: Unless we have expressly acknowledged special requests, our usual method of execution (design, material, workmanship, tolerance, etc.) shall apply.

11. Warranty: If the purchaser wishes to file a complaint about defects, the complaint for obvious defects is only permissible within one week of receipt of the items; the time of delivery and the date of receipt of the complaint letter are decisive for setting the deadline. Hidden defects must be reported in writing immediately after discovery, but no later than six months after delivery. The warranty claim covers the repair or replacement of the defective parts. Objections to rescission or reduction of the price, or compensation for direct or indirect damages, are excluded. Warranty obligations do not apply if the defect is causally related to the fact that the purchased item was previously repaired by a third party not approved by the manufacturer and the buyer should have been aware of this, or if our instructions regarding the handling of the delivered item were not followed, or if the defects arose due to incorrect or incomplete technical documentation, individual parts, or raw materials supplied by the buyer. We will accept returns subject to complaint after prior notification. Complaints can only be accepted if the goods are returned to us in the same careful packaging as when they were delivered. We are not liable for damage during transport (especially getting wet, oxidizing, rusting, etc.) or for lost items. In these cases, we recommend requesting a report from the shipping company or parcel service to protect your right to compensation.

12. Place of performance and jurisdiction: The place of performance and jurisdiction for all disputes arising between the parties from the contractual relationship is, provided that the buyer is a registered merchant, a legal entity under public law or a special fund under public law, the head office of the seller.

13. Invalidity Clause: Should any provision in these Terms and Conditions or any provision within the framework of any other agreement be or become invalid, this shall not affect the validity of all other provisions or agreements.