1) The deliveries, services and offers of the Seller shall be made exclusively on the basis of these Terms and Conditions. Unless deviations are expressly confirmed by us in writing, these terms and conditions shall also apply to all future business relations, even if they are not expressly agreed again. Counter-confirmations of the Buyer with reference to his terms and conditions of business or purchase are hereby rejected.
2) Deviations from these terms and conditions shall only be effective if the Seller confirms them in writing. Any amendment or invalidity of one or more provisions of these Terms and Conditions shall not affect the validity and applicability of the remaining provisions.
§2 Offer and Conclusion of Contract
1) The Seller's offers are subject to change and non-binding. Declarations of acceptance and all orders must be confirmed by the Seller in writing or by telex in order to be legally effective. The same shall apply to supplements, amendments or subsidiary agreements.
2) Drawings, illustrations, dimensions, weights or other performance data shall only be binding if this is expressly agreed in writing. Insignificant deviations or changes to the delivery item based on technical development from the offer documents, including samples and specimens, shall not give rise to any counter rights.
3) The seller's sales employees are not authorized to make verbal additional agreements or to give verbal assurances that go beyond the content of the written contract.
1) Acceptance and execution of orders takes place at the sole risk and liability of the buyer with regard to third-party industrial property rights. In particular, he is responsible for ensuring that the use of the drawings, samples, descriptions and similar templates he sends does not infringe any third-party industrial property rights. If such rights are violated, the buyer must compensate the seller for any damages incurred as a result, including lost profits, and indemnify him from all disadvantages that have arisen and arise.
2) The seller reserves ownership rights and copyrights to cost estimates, drawings and other documents; They may not be made accessible to third parties.
§4 Price and payment
1) Unless otherwise stated, the prices quoted by the seller are ex works, excluding packaging. These only apply to the specific order. VAT at the respective statutory rate is added to the prices. Material required for packaging will be charged separately. Packaging material will not be taken back. If prices and additional costs are stated for us in German and in a foreign currency, in the event of changes in the exchange rate, only the euro amount is decisive, even if only the invoice amount is stated in domestic and foreign currency.
2) Unless otherwise stated, the seller is bound to the prices contained in its offers for 30 days from the date. The prices stated in the seller’s order confirmation plus shipping costs are decisive. the respective statutory sales tax.
3) However, the seller reserves the right to adjust the prices according to any increases in material, labor and other costs if a longer delivery time than 4 months is agreed when the order is placed or if delivery is delayed for reasons for which the buyer is responsible can take place after 4 months of placing the order.
4) Invoices are payable: – within 10 days of the invoice date with a 2% discount, – within 30 days of the invoice date net. There is no further entitlement to a discount, discount or bonus. If special payment conditions have been agreed in writing, the entitlement to an agreed discount no longer applies if payment is not processed as agreed.
Payments can only be made to the seller in accordance with the information on her invoices. The seller's employees are only entitled to collect debts upon presentation of a special written debt collection authorization. Payments with bills of exchange require the express prior written consent of the seller. Checks and bills of exchange are only accepted as payment. Discount and collection costs are borne by the buyer. All payments will be used to offset the oldest debt items and any accrued late payment interest and costs. Offsetting against disputed counterclaims from the buyer and retention of amounts due are excluded.
5) If the buyer defaults on payment in whole or in part, he is entitled to default interest of 4% above the Euro reference interest rate set by the European Central Bank, which in its function corresponds to the previous discount rate, subject to the assertion of further damages. but at least 6.5% must be paid. The buyer is at liberty to prove any lesser damage.
In addition, the seller is entitled, in the event of default or if, after conclusion of the contract, facts become known which, in its opinion, make the granting of a loan in the amount resulting from the order appear questionable or which result in a significant deterioration in the buyer's financial circumstances, to demand immediate payment of all outstanding invoices - including those not yet due - and to demand advance payment for all outstanding deliveries. The buyer can avert this request by providing sufficient security. The seller is not obliged to make any further deliveries before payment or security is provided.
1) Only the written order confirmation from the seller is decisive for the scope of deliveries. Subsidiary agreements and changes require express written confirmation. The seller is entitled to make partial deliveries if the contract was concluded without scheduling and the buyer is not scheduled within 3 weeks of confirmation by the seller or after the seller's written request.
2) The delivery period begins with the dispatch of the order confirmation, but not before the documents, permits, releases to be obtained by the buyer have been provided or before an agreed deposit has been received.
3) The delivery deadline is met if either the delivery item has left the factory or the buyer has been informed that it is ready for dispatch.
4) The delivery period is extended appropriately in the event of measures in the context of labor disputes, in particular strikes and lockouts, as well as the occurrence of unforeseen obstacles that are beyond the will of the seller, as soon as such obstacles can be proven to have a significant influence on the completion or delivery of the delivery item. This also applies if the circumstances arise when the seller delivers. The seller is not responsible for the aforementioned circumstances even if they arise during an already existing delay. In important cases, the seller will inform the buyer of the beginning and end of such obstacles as soon as possible.
5) In the event of such unforeseen events, if they significantly change the economic significance or content of the service or have a significant impact on the seller's operations, the contract will be adjusted appropriately. If this is not economically justifiable, the seller has the right to withdraw from the contract in whole or in part. The buyer has no claims for damages due to such withdrawal. If the seller wishes to make use of the right of withdrawal, she must inform the buyer of this immediately after becoming aware of the significance of the event, even if an extension of the delivery period was initially agreed with the purchaser.