Terms & Conditions

Scope and Offers

1. These General Terms and Conditions of Sale apply to all – including future – contracts and other services. Conditions of the buyer shall not be binding even if we do not expressly object to them after receipt.

2. Our offers are subject to change without notice. Agreements, particularly verbal collateral agreements and assurances by our sales staff, shall only become binding upon our written confirmation.

3. Documents belonging to the offer such as drawings, illustrations, technical data, references to standards, as well as information in advertising materials are not quality guarantees unless expressly and in writing designated as such.

4. Deviations of the delivery item from offers, samples, test and pre-deliveries are permissible in accordance with the applicable DIN standards or other relevant technical standards.

Prices

1. Unless otherwise agreed, our prices are ex works excluding packaging, plus VAT.

2. If the material is delivered packaged, we shall charge the packaging at cost price; we shall take back special packaging within a reasonable period in usable condition against customary compensation and free of freight.

Payment and Offset

1. Our invoices are payable within 14 days with 2% discount, within 30 days net, each from invoice date. Invoices under EUR 100 as well as for assembly, repairs, molds and tool cost shares are due immediately and payable net.

2. Counterclaims disputed by us or not finally determined do not entitle the buyer to withhold payment or to offset.

3. In case of exceeding the payment deadline, we are entitled to charge interest at the respective bank rates for overdrafts, but at least 3% above the discount rate of the Deutsche Bundesbank.

Delivery Periods

1. Delivery periods and dates are deemed met if the delivery item has left our premises by their expiry.

2. Delivery periods shall be extended appropriately in the event of industrial action as well as unforeseeable obstacles beyond our control.

Retention of Title

1. All delivered goods shall remain our property (conditional goods) until fulfillment of all claims from the business relationship.

2. The buyer may only resell the conditional goods in the ordinary course of business under his normal business conditions and as long as he is not in default.

Liability for Defects

1. In the event of a justified, immediate complaint of defects, we shall take back defective goods and deliver flawless goods in their place. Alternatively, we are entitled to remedy the defect while reasonably considering the interests of the buyer.

2. Further claims are excluded in accordance with section VIII (General Limitation of Liability).

General Limitation of Liability

Unless otherwise regulated in these conditions, we shall only be liable for damages due to breach of contractual or non-contractual obligations in the event of intent or gross negligence.

Place of Performance, Jurisdiction and Applicable Law

1. Place of performance for our deliveries is our premises. Jurisdiction is, insofar as permissible under Section 38 of the Code of Civil Procedure, the registered office of our main branch.

2. For all legal relations, the law of the Federal Republic of Germany shall apply, including the Hague Convention on the Law Applicable to International Sale of Goods.