I. General

  1. These terms of delivery and payment apply to all business relations between us and our customers. They shall also apply if they are not expressly agreed again in a subsequent transaction. Unless otherwise agreed, these terms and conditions shall be deemed accepted at the latest upon receipt of our goods or services.
  2. We expressly object to the terms and conditions of business and purchase of our customers. They shall not be recognized even if we have not objected to them upon conclusion of the contract.
  3. Contracts and agreements that deviate from these conditions are only binding if they are confirmed by us in writing.
  4. Our offers are subject to change. Declarations of acceptance and all orders require our written or telex confirmation to be legally effective.
  5. Confirmed prices are valid only upon acceptance of the confirmed quantity.

II. delivery

  1. Delivery is made for the account and at the risk of the customer. This shall also apply if carriage paid delivery has been agreed.
  2. When shipping the goods, the means of transport and the shipping route are selected by us, excluding any liability. We shall only be obliged to take out transport insurance upon express request. The costs for this shall be borne by the customer.
  3. Transport damage or incomplete deliveries of goods must be reported immediately upon receipt of the goods and immediately confirmed on the consignment note with type and scope.
  4. The delivery time begins after receipt of the order confirmation, subject to the possibility of delivery and other contractual provisions.
  5. If we are in default, the customer must grant us a reasonable grace period. After the expiry of this period, the customer may withdraw from the contract if the goods have not been reported to him as ready for dispatch by this time.
  6. Claims for damages arising from non-compliance with delivery periods or delivery dates against us as well as our vicarious agents are excluded, unless the damage was caused intentionally or by gross negligence.

III. terms of payment

  1. Payment of our invoices is due immediately upon delivery without deduction or can be made by direct debit (less 2% discount). For this purpose, the customer must first provide a corresponding direct debit authorization, stating the name and location of the bank, the bank code and the account number. to issue.

Default of payment occurs without reminder at the latest 10 days after receipt of invoice.

  1. With customers with whom there are ongoing business relationships, the following may be excluded from Pkt. 1 deviating terms of payment may be agreed. These agreements must be in writing.

IV. Retention of title

  1. Ownership of the goods delivered by us shall not pass to the customer until he has settled all his liabilities arising from our deliveries of goods.
  2. In the case of a current account, the reserved property shall be deemed to be security for our balance claim.
  1. The customer is entitled to sell the delivered goods in the ordinary course of business. He is prohibited from pledging them or transferring them by way of security.
  2. The customer shall notify us without delay of any seizure or any other impairment of our rights by third parties.
  3. If the customer sells the goods delivered by us – irrespective of their condition – he hereby assigns to us the claims against his customers arising from the resale in order to settle all our claims for the goods in full.

V. Warranty, liability

  1. All information on the suitability, processing and application of our products, technical advice and other details are given to the best of our knowledge. Knowledge of and compliance with the relevant DIN standards and regulations for the use of our products is in any case the responsibility of our customers.
  2. Complaints about the delivered goods must be made within 8 days after receipt, otherwise the delivery is considered accepted.
  3. In the event of defects in the goods delivered by us, a replacement delivery shall be made or, at the customer’s request, the purchase contract shall be rescinded (redhibition). To prove the defect, the goods must be returned including the corresponding invoice. For the rest, return of goods or exchange are excluded.
  4. Liability for delay, impossibility of performance, for non-performance, for positive breach of contract, for culpa in contrahendo and for tort shall be excluded both against us and against our vicarious agents unless the damage was caused intentionally or by gross negligence or the damage claims are based on warranties of quality.

VI Place of performance and jurisdiction

  1. The place of performance for the delivery is the respective place of dispatch of the goods. The place of performance for all obligations of the customer is the registered office of the company.
  2. Insofar as the customer is a registered merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from our legal relations with our customer.
  3. In the case of export of our goods by our customers to territories outside the Federal Republic of Germany, we assume no liability if our goods infringe the property rights of third parties. The customer is obliged to compensate for the damage caused to us by the export of goods that were not expressly delivered by us for export.

Status 1/2013

Terms of delivery and payment (PDF)