§ 1 Offers and orders

The client’s order constitutes a binding offer which we can accept within a short period of time by sending an order confirmation. Offers or cost estimates submitted by us in advance are subject to change. We reserve the property rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to such written documents that are designated as confidential. The customer requires our express written consent before passing them on to third parties. If we are entitled to subcontract orders or contracts of a customer to third parties, we may make the associated documents of the customer accessible to our subcontractors and sub-suppliers. The scope and content of the delivery/service owed shall result exclusively from our contractual documents. We reserve the right to make the following changes to the contractual products after conclusion of the contract, insofar as this is reasonable for the customer: product changes in the context of continuous product development and improvement, minor and insignificant deviations in color, shape, design, dimensions, weight or quantity, deviations that are customary in the trade and unavoidable according to the state of the art.

§ 2 Prices

In the absence of a special agreement, the prices shall apply ex works including loading at the factory, but excluding packaging and unloading. Offsetting by the client is only possible with claims that have been legally established or recognized by us. If the client is an entrepreneur, a right of retention is excluded unless the client’s counterclaim arises from the same legal relationship and is undisputed or has been legally established.

§ 3 Delivery time and delay in delivery

The delivery time is based on the agreements between the contracting parties. Binding delivery dates require express written agreement. Partial deliveries are possible. Deliveries on call shall be made as long as stock is available. Force majeure and other unforeseeable, extraordinary events for which we are not responsible, including shortages of materials, energy, labor and transport space, production disruptions including faulty firing, labor disputes, delays in delivery by upstream suppliers, traffic disruptions and official decrees or other unavoidable events, which occur at our premises, at the premises of our suppliers or at the premises of third parties in a manner which influences us and which render us unable to fulfill our delivery obligation, shall release us from our delivery or performance obligation in full for the duration of these effects or in the event of impossibility. We will inform the buyer within a reasonable period of time if such a case occurs. If we are unable to fulfill our obligations for reasons for which we are responsible or are unable to fulfill them on time, we shall only be liable for intent and gross negligence. The buyer shall be liable for the consequences of incorrect and/or incomplete information provided by the buyer at the time of call-off. If delivery to a specific location has been agreed, the transport vehicle must be able to reach and leave this location without risk. This presupposes a sufficiently paved access route that can be used by heavy trucks without hindrance. If this condition is not met, the buyer shall be liable for all resulting damage, unless the buyer is not an entrepreneur and is not responsible for the non-existence of this condition. If the delivery vehicle leaves the drivable delivery route on the instructions of the buyer, the buyer shall be liable for any damage that occurs. Unloading must be carried out immediately and properly by the buyer. If acceptance is refused, delayed, delayed or otherwise improper, the buyer shall compensate us without prejudice to his obligation to pay the purchase price, unless the buyer is not an entrepreneur and is not responsible for the refusal, delay, delay or other improper acceptance. Several buyers shall be jointly and severally liable for proper acceptance of the goods and payment of the purchase price. We may make payment to each of them with discharging effect for and against all of them. The Buyer shall bear the transportation risk upon return as the sender even if the return is carried out by the Seller’s truck. In particular, the seller shall be entitled to withdraw from the contract if a sub-supplier fails to meet its delivery obligations for reasons for which the seller is not responsible. A return of goods, in particular of custom-made products and special orders, is excluded. In exceptional cases, goods delivered by the seller in perfect condition can only be taken back with the seller’s consent if they are returned carriage paid less a handling fee of the value of the goods. The handling fee shall be agreed separately. The packaging placed on the market by the Seller shall be taken back at its delivery plants within the scope of the statutory obligations, provided that it is empty of residues, clean and delivered by the Buyer at its expense.

§ 4 Payment

The entire purchase price is due for payment upon receipt of the goods; it must be paid immediately, but no later than eight days after the invoice date without any deductions. Exceptions require a written agreement. If the buyer is an entrepreneur, default interest of 5 percentage points above the base interest rate shall be charged from the day on which the target is exceeded. Otherwise, the statutory provisions shall apply. We reserve the right to claim further damages. Checks or bills of exchange shall only be accepted on account of performance; discount, expenses and costs shall be borne by the buyer. If the buyer is an entrepreneur, he waives the assertion of any rights of retention to which he may be entitled. Offsetting against counterclaims is only possible if these are recognized by the seller or have been legally established and are due for payment, insofar as this is legally permissible. If the buyer is an entrepreneur and his performance is not sufficient to settle all our claims, we shall determine the debt to which the performance shall be credited, even if it is included in the current account. If there is reasonable doubt as to the creditworthiness of the Buyer, the Seller shall be entitled to make further deliveries only against advance payment, to demand immediate payment of all outstanding invoice amounts, including deferred invoice amounts, and to demand immediate cash payment or the provision of security, including for accepted bills of exchange.

§ 5 Defects, warranty and liability

The buyer of the goods has the obligation to inspect them immediately upon arrival. Obvious defects, regardless of their nature, must be reported by the buyer, if he is an entrepreneur, immediately upon acceptance of the goods. In this case, the buyer must leave the goods untouched for the purpose of inspection by us. The Seller shall be given the opportunity to jointly determine the complaints notified and to be present during the removal of the goods for material testing. Unless otherwise agreed in writing, the relevant DIN standards shall apply to the products to be delivered. A reference to DIN standards merely contains a description of the goods. A warranty presupposes proper handling in accordance with the rules of technology. Deviations in dimensions, shape and color within the requirements of DIN do not constitute a material defect or the delivery of a different type. The buyer must pass on the content of the above paragraph in writing when reselling and add to the paragraph that current samples are for illustrative purposes only and show the approximate character of the goods, but are neither a guarantee of the exact quality of the delivery nor a description of the type of goods to be delivered. In the event of justified and timely notification of defects, we shall have the option of either remedying the defect or delivering a defect-free item. Complaints about partial deliveries do not entitle the customer to reject the entire delivery. The seller shall only be liable on other legal grounds if he is responsible for intent or gross negligence. If the customer is an entrepreneur, the warranty period is 1 year, beginning with delivery of the goods or production of the work. The customer’s claims for damages due to a defect shall become time-barred one year after delivery of the goods or manufacture of the work. This does not apply if we have acted with intent or gross negligence or in the event of injury to the life, body or health of the customer.