Terms and conditions
We deliver exclusively on the basis of these delivery and payment conditions. Deviating business or purchasing conditions of the customer are hereby rejected, unless we have expressly recognized the validity of these conditions in writing.
2. Offer and conclusion of contract
Our offers are subject to change and are generally non-binding.
Drawings, illustrations, dimensions and weights or other data are only binding if this is expressly agreed.
We reserve ownership and copyright of drawings and other documents; they may not be used or made accessible to third parties without our consent.
Orders require our written confirmation to be legally effective. The same applies to supplements, modifications or subsidiary agreements. The written form is also preserved by confirmation by fax.
Our prices apply ex works excluding the one-way packaging, which the customer is charged at our cost price.
The statutory sales tax applicable at the time of delivery is not included in the price and will be invoiced separately.
Unless otherwise stated, we are bound to the prices contained in our offers for 30 days from the date of the offer.
Our delivery times apply ex works. They begin on the day of the order confirmation, however not before clarification of the details and in the case of exports not before providing any import license that may be required and opening a possibly agreed letter of credit. The delivery times are non-binding and approximate.
If delivery dates are not exceeded in a serious manner, the client is not entitled to compensation, to make a cover purchase or to withdraw from the contract. As far as reasonable, the client only has these claims after setting a grace period within three weeks.
Delivery is ex works, partial deliveries are permitted. Each partial delivery is considered a special transaction and has no influence on the unfulfilled part of the order.
Force majeure is equivalent to circumstances (e.g. in the supply of raw materials or in operation) that make delivery much more difficult or impossible. Force majeure events entitle us to postpone delivery for the duration of the hindrance and for a further reasonable time or to withdraw from the contract if it has not yet been fulfilled. Claims for damages, cover purchase or subsequent delivery are excluded.
5. Transfer of risk, shipping, insurance
Regardless of the type of transport and its costs, the goods always travel at the risk of the customer.
Regardless of this, we regularly take out transport insurance at the customer’s expense.
Shipping is carried out regularly by parcel service, in the case of heavy or bulky shipments by freight forwarder at the expense of the customer, unless otherwise agreed.
In the event of damage in transit, the client must immediately arrange for the facts to be determined at the responsible body, since otherwise any claims against the transport officer and against the insurance may be void.
Our invoices are payable without deduction within 30 days of the invoice date.
If the payment term is exceeded, default interest in the amount of the statutory default interest will be charged even without an explicit reminder.
7. Retention of title
All delivered goods remain our property until full payment of the purchase price and all our outstanding claims from the business relationship.
The purchaser is only entitled to resell the goods in the ordinary course of business with our approval; in this case the purchaser must also reserve ownership until the purchase price has been paid in full if the purchase price is deferred.
As a precaution, the customer assigns the purchase price claims to which he is entitled from the resale of the reserved goods delivered by us to his customers to us. However, as long as he duly fulfills his payment obligations towards us, the customer is authorized to collect the claims assigned to us for security reasons in his own name. We can revoke this direct debit authorization at any time; in the event of revocation, the customer is obliged to give us written declarations of assignment upon first request to prove the assignment of claims.
With the settlement of all of our claims from the business relationship, in addition to our retention of title to the delivered goods, the claims assigned to us as a precaution also pass to the customer.
The purchaser is entitled to request that we release the reservation of title or ceded claims from the resale of our goods if and insofar as the realizable value of these securities exceeds 120% of our claims against the purchaser to be secured.
8. Claims for defects
If the delivered goods are defective or lack assured properties, we will either deliver a replacement or we will repair it, at the customer’s discretion excluding other warranty claims. Multiple repairs are permitted.
Defects in the goods delivered by us must be notified to us in writing immediately, but at the latest within 14 days after receipt of the goods. Defects that cannot be discovered within this period even after careful inspection must be reported to us immediately upon discovery.
If the rectification or the replacement delivery fails after a reasonable period of time, the purchaser can choose to reduce the purchase price or to cancel the contract.
9. Limitation of liability
If the delivery item cannot be used in accordance with the contract due to our fault as a result of neglected or incorrect execution of proposals and advice given before or after the conclusion of the contract or through the violation of other contractual ancillary obligations, the regulations of sections 8 and 9. Sentence 2 accordingly.
For damages that have not arisen on the delivery item itself, we are liable – for whatever legal reasons – only with intent; in the event of gross negligence on the part of the owner / organs or executive employees; in the event of culpable injury to life, limb and health; in the case of defects which we have maliciously concealed or the absence of which we have guaranteed; as well as in the case of defects in the delivery item, insofar as there is liability for personal injury or property damage to privately used items according to the Product Liability Act.
In the event of culpable violation of essential contractual obligations, we shall also be liable for gross negligence on the part of non-executive employees and for slight negligence, in the latter case limited to the contractually typical, reasonably foreseeable damage.
Further claims are excluded.
10. Claims for defects
All claims – for whatever legal reasons – expire in 12 months. The statutory deadlines apply to claims for damages in accordance with section 9, sentence 2.
11. Applicable law, place of jurisdiction, partial nullity
For all legal relationships between us and the customer, the law of the Federal Republic of Germany, which is decisive for the legal relationships between domestic parties, applies exclusively.
The place of jurisdiction is Celle. However, we are entitled to file suit at the customer’s headquarters.
Should a provision of these delivery and payment conditions be or become ineffective, the effectiveness of all other provisions is not affected.