Terms and Conditions

§ 1 General – Scope

These terms and conditions apply to all current and future business relationships.

Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is entered into without them being engaged in a commercial or independent professional activity.

Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.

Customers within the meaning of these terms and conditions are entrepreneurs.

Conflicting, deviating or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity has been expressly agreed in writing.

§ 2 Conclusion of Contract

Our offers are non-binding. Technical changes as well as changes in form, colour and/or weight are reserved within reason.

By ordering goods, the customer bindingly declares his intention to purchase the ordered goods.

We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance may be declared either in writing or by delivery of the goods to the customer.

If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not yet constitute binding acceptance of the order. The confirmation of receipt may be combined with the acceptance declaration.

The conclusion of the contract is subject to the condition of correct and timely delivery by our suppliers. This only applies in cases where non-delivery is not our responsibility, in particular where a congruent hedging transaction has been concluded with our supplier.

The customer will be informed immediately of the non-availability of the service. The consideration will be refunded immediately.

If the consumer orders goods electronically, we will store the text of the contract and, upon request, send it to the customer together with the present terms and conditions by email.

§ 3 Retention of Title

In contracts with entrepreneurs, we retain ownership of the goods until all claims from an ongoing business relationship have been settled in full.

The customer is obliged to handle the goods with care. He must strictly comply with the instructions contained in the operating manual supplied with our goods. If maintenance and inspection work is required, the customer must carry it out regularly at his own expense.

The customer is obliged to notify us immediately of any third-party access to the goods, such as in the event of seizure, as well as any damage to or destruction of the goods. The customer must notify us immediately of any change in possession of the goods and any change in the registered office.

We are entitled to withdraw from the contract and demand the return of the goods in the event of the customer's breach of contract, in particular in the event of default of payment or breach of an obligation under items 3 and 4 of this clause.

The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice total that accrue to him from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to properly fulfil his payment obligations and is in default of payment.

§ 4 Remuneration

The offered purchase price is binding. The statutory value added tax is included in the purchase price. We reserve the right to prepare a revised price list for our services at six-monthly intervals within a reasonable scope and to notify the customer immediately. In this case, the revised prices shall apply from the date of receipt of the revised price lists by the customer. In the case of a sale involving shipment, the purchase price is understood to be plus the shipping costs to be borne exclusively by the customer. At the customer's request, the goods will be covered by transport insurance. These costs are also borne exclusively by the customer. The customer is aware of the transfer of risk – clause 6 of these terms – and accepts this. The customer will not incur any additional costs when ordering by means of distance communication.

The customer may pay the purchase price by invoice, cheque or transfer.

The customer undertakes to pay the purchase price after receipt of the goods in accordance with the payment terms of the agreed payment schedule attached to the respective contract. After the expiry of this period, the customer shall be in default of payment.

The entrepreneur shall pay interest on the monetary debt during the period of default at a rate of 8% above the base rate. We reserve the right to prove and claim higher default damages against the entrepreneur.

The customer shall only have the right to set-off if his counterclaims have been legally established or acknowledged by us.

The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 5 Transfer of Risk

If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, or in the case of a sale involving shipment, upon delivery of the goods to the freight forwarder, carrier or other person or institution designated to carry out the shipment. The customer is advised to voluntarily insure the goods at his own expense (cf. clause 4 of these conditions).

Handover shall be deemed equivalent if the buyer is in default of acceptance.

§ 6 Warranty

If the buyer is an entrepreneur, we shall provide a warranty for defects in the goods by, at our discretion, remedying the defect or supplying replacement goods.

If the remedy fails, the customer may, as a rule, at his own discretion, demand a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). In the event of only minor breach of contract, in particular in the case of only minor defects, the customer shall have no right of withdrawal.

Entrepreneurs must notify us in writing of any obvious defects within a period of two weeks of receipt of the goods; otherwise the assertion of warranty claims shall be excluded. Timely dispatch shall be sufficient to comply with the deadline. The entrepreneur bears the full burden of proof for all prerequisites for the claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

If, after a failed remedy, the customer chooses to withdraw from the contract due to a legal or material defect, he shall not be entitled to a claim for damages in respect of the defect in addition.

If, after a failed remedy, the customer chooses compensation for damages, the goods shall remain with the customer if this is reasonable for him. The claim for damages is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have fraudulently caused the breach of contract.

For entrepreneurs, the warranty period shall be one year from delivery of the goods. For used goods, the limitation period shall be one year from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time (item 3 of this clause).

Where the buyer is an entrepreneur, the only agreed quality of the goods shall be the manufacturer's product description. Public statements, endorsements or advertising by the manufacturer do not constitute any contractually agreed specification of the quality of the goods.

If the customer receives a defective assembly or operating instruction, we shall only be obliged to supply a defect-free assembly or operating instruction, and only if the defect in the assembly or operating instruction prevents proper assembly or operation.

The customer does not receive any warranties from us in the legal sense. Manufacturer's warranties remain unaffected.

§ 7 Limitation of Liability

In the event of slightly negligent breach of duty, our liability shall be limited to the foreseeable, contractually typical, direct average damage in accordance with the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents.

We shall not be liable to entrepreneurs for slightly negligent breaches of immaterial contractual obligations.

The above limitations of liability do not affect the customer's claims under product liability law. Furthermore, the limitations of liability do not apply to physical or health damage attributable to us, or in the event of loss of life of the customer.

Claims for damages by the customer due to a defect shall become statute-barred one year after delivery of the goods. This does not apply if gross negligence can be attributed to us, nor in the event of physical or health damage attributable to us, or in the event of loss of life of the customer.

§ 8 Final Provisions

The law of the Federal Republic of Germany shall apply. The provisions of the UN Sales Convention shall not apply.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the action is brought.

Should individual provisions of the contract with the customer including these terms and conditions be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose commercial effect is as close as possible to the invalid one.