General Terms and Conditions of Business

  1. The following conditions form the basis of our offering and/or our order acceptance (order confirmation, delivery). Previous terms and conditions are hereby invalid. Deviating buyer conditions require our express permission.
  2. Our offers are provisional. They do not apply to repeat orders.
  3. All specifications in lists and offers regarding dimensions, weights and figures are only approximate values and therefore always non-binding.
  4. An order is considered to be accepted if we have confirmed it in writing and/or delivered it.
  5. The delivery times specified in our order confirmation are deemed to be agreed upon as being approximate. These times are considered to be observed when the goods have been sent or the customer has been informed of their readiness for shipment within the time limit. The delivery time appropriately extends – even in case of a default of delivery – at the onset of unpredictable and unavoidable obstacles that we were unable to prevent despite utmost care, such as a lack of raw materials, breakdown of operations, strikes or similar circumstances. If the delivery or performance becomes impossible due to the aforementioned circumstances, we are consequently freed of the obligation to deliver. The customer can withdraw if, in case of a default of delivery, we are unable to perform the delivery due to the reasons above after an appropriate extension set by us. Additional claims, especially from damages due to the impossibility to perform, from default, from a positive breach of an obligation, from culpa in contrahendo or from tort, are excluded unless they are based on premeditation or coarse negligence on our part. Partial deliveries do not justify damages or a withdrawal from the contract.
  6. The delivery fundamentally takes place via the most low-cost freight routes. Express deliveries are made only upon the explicit request of the customer at its expense. This provision also applies for other types of shipment expressly requested by the customer. Partial deliveries are permissible.
  7. In case of orders for special designs, the customer must ensure that the prototype or drawings it provides do not violate the proprietary rights of third parties. We are not obliged to verify these proprietary rights. If a liability of the supplier still results, the customer must indemnify the supplier.
  8. We retain the proprietary rights and copyrights to any figures, drawings, calculations and other documents handed over to the customer within the context of the placement of the order. This information must not be made available to third parties unless we have given the customer our express written permission to do so.
  9. Deviations in design (e.g., shape, colour), dimensions, types and weights do not affect the acceptance and payment obligation, insofar as deviations do not impair the actual use.
  10. Insofar as nothing else has been agreed in writing, our prices are net cash, including packing, but not including the value-added tax applicable at the point in time of delivery and performance. The prices valid on the day of the order are calculated.
  11. For small orders under a net commodity value of €260.00, we calculate shipping costs for each parcel. This carriage-free limit refers only to the articles listed in this catalogue and applies only within Germany.
  12. Our invoices are payable minus a 2% discount within 10 days of the invoice date; after 30 days, they are due immediately. In case of a delay in payment, regardless of grounds, we are entitled to calculate default interest to the amount of 8% above the respective basic rate of the European Central Bank.
  13. We reserve the right to raise our prices appropriately if cost increases occur after the conclusion of the contract. We will verify these costs increases to the customer upon request.
  14. Deliveries take place at the cost and risk of the customer, even in case of carriage-free delivery. With the transfer of the goods to the shipping agent or carrier, but by the leaving of the factory or warehouse at the latest, risk is transferred to the buyer in any case, including confiscation.
  15. We must be informed of any notices of defects and other complaints in writing immediately after the receipt of goods. Claims for hidden defects must be asserted immediately after their discovery.
  16. If the delivered goods have a defect despite all extraordinary diligence at the point in time of the transfer of risk, we will repair the goods or deliver replacement goods at our own discretion, provided we were informed of the notice of defect in good time. We must always be granted an opportunity for subsequent performance within an appropriate period of time.
  17. The customer can withdraw from the contract if, in case of a defect for which we are responsible, we are not able to provide a repair or replacement delivery within the set period of time. Additional claims of the customer, especially for compensation of damages that did not arise from the goods themselves, are excluded.
  18. All delivered goods remain our property until fulfilment (payment) of all our claims against the buyer, especially outstanding balances. This also applies to payments made for specifically designated claims. The customer is entitled to resell the goods we deliver within the course of ordinary business. As of now, however, the customer assigns all claims to us to the amount of the end amount of the invoice (including value-added tax) arising from resale to the customer’s customers or to third parties. The machining, processing or conversion of the purchased item by the customer always occurs in the name of and by order of us. In this case, the customer’s contingent right to the purchased or converted item continues. Insofar as the purchased item is processed together with other items that do not belong to us, we obtain co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the point in time of processing We undertake to release the securities due to us upon the request of the customer insofar as its value exceeds the claim being secured by more than 20%. We are responsible for the selection of the securities to be released. In case of a cessation of payments on the part of the customer, we are entitled to a return of the goods against a credit note. The customer is obliged to hand over the goods. The safeguarding of our retention of title is not considered to be a withdrawal from the contract. In addition, we are entitled to withdraw from the performance of existing delivery obligations.
  19. The contract and the entire legal relationship between the parties is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  20. The place of performance and sole place of jurisdiction for all disputes arising from this contract is Veitsrodt, Germany.
  21. Modifications of and supplements to this contract must be made in writing. This also applies to changes to this provision requiring the written form. Oral agreements have not been made.
  22. Should individual provisions of this contract become invalid or contain a loophole, the other provisions remain unaffected.
  23. We reserve the right to make modifications of any kind and deviations to illustrated articles, including changes in price. Errors and omissions excepted. With the publishing of this price list, previous catalogues and prices become invalid.