§ 1 General – Scope of application
Our terms and conditions of delivery shall apply exclusively; we shall not recognise any terms and conditions of the purchaser that conflict with or deviate from or supplement our terms and conditions of delivery unless we have expressly agreed to their validity in writing. Our terms and conditions of delivery shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions are contrary to, supplementary to or deviate from our terms and conditions of delivery.
All agreements made between us and the customer for the purpose of executing this contract must be set down in writing in this contract.
Our terms and conditions of delivery shall only apply to companies or legal entities under public law or a special fund under public law within the meaning of Section 310 (1) of the German Civil Code (BGB) and also to all future transactions with the customer.
§ 2 Offer – offer documents
Our offers are subject to change. We reserve the right to make technical changes as well as changes in shape, colour and/or weight within the scope of what is reasonable.
With the order of a product the orderer is bound according to § 145 BGB. We are entitled to accept the contractual offer contained in the order within four weeks of receipt. Acceptance shall be made exclusively by means of a written order confirmation.
If the order is placed electronically, we shall confirm receipt of the order without delay. However, the confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt may also be combined with the declaration of acceptance.
The conclusion of the contract with the customer is subject to correct and timely self-delivery by our suppliers. The effectiveness of the reservation of self-delivery is dependent on the fact that a congruent legal transaction has been concluded with the supplier and that we are not responsible for the non-delivery. The customer shall be informed immediately of the non-availability of the services. The consideration will be refunded by us without delay, insofar as it has already been paid.
§ 3 Prices – Terms of Payment
Unless otherwise stated in the order confirmation, our prices are “ex works” excluding packaging, which will be invoiced separately.
The statutory value-added tax is not included in our prices; it will be shown separately at the statutory rate on the day of invoicing.
The deduction of a discount requires a special written agreement.
The customer is obliged to pay our remuneration net (without deduction) within 7 days of the invoice date. If the customer is in default of payment, we shall be entitled to demand default interest in the amount of 8 % above the respective base interest rate. The assertion of further damage caused by default remains unaffected by this.
The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, he is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
– In addition, all rights of retention vis-à-vis us – irrespective of the legal relationship – are excluded in commercial transactions. The rights of the customer are only assignable with our written consent.
§ 4 Delivery time
If a period for the execution of the order by us is specified or agreed with the customer, this period shall commence upon receipt of our order confirmation, but not before receipt of all documents, approvals, releases or other information to be procured by the customer for the execution of the order, in particular not before clarification of all technical questions.
Insofar as we are prevented from timely fulfilment of the contract due to special circumstances such as lack of energy, traffic disruptions, strikes, lockouts, unforeseen technical difficulties, delays due to inspection and approval procedures under customs or export control law or other procurement, manufacturing or delivery disruptions which lie outside our area of responsibility and which demonstrably have a considerable influence on our fulfilment of the obligation to perform, the delivery period for the execution of the order shall be extended by the respective period of time between the occurrence and the elimination of the obstacle. This shall also apply if
circumstances occur at our suppliers or subcontractors. In the event of an impediment to performance, we undertake to notify the customer immediately of both the occurrence and the elimination of the impediment. The agreement of the reservation of self-delivery in accordance with § 2 clause 4 is not
shall not be affected by the two preceding paragraphs. 4.
If we are in default of delivery for reasons for which we are responsible, the customer shall be entitled to demand a lump-sum compensation for default in the amount of 1% of the delivery value for each full week of default, up to a maximum of 5%. Any further claim for damages shall be excluded unless the damage is foreseeable and typical.
§ 5 Transfer of risk
Unless otherwise agreed in writing, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover or, if shipment is desired, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
If the customer is in default of acceptance or violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the object of sale shall also pass to the customer at the time at which he defaults in acceptance.
§ 6 Cooperation of the Purchaser
The customer shall provide us with a contact person and a postal and e-mail address at which the contact person can be reached. This contact person must be authorised by the customer to make the decisions required within the framework of the order processing or to bring about such decisions without delay. Likewise, we shall name a contact person for the customer who can make the decisions required for the processing of the order or bring them about without delay.
If no contact person has been named in a separate form, the authorised representative of the customer listed in the order shall be deemed to be the contact person regulated in accordance with section 1.