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General terms and conditions

Below you will find our terms of sale, delivery and payment

1. Area of application

The following terms of sale, delivery and payment apply to all contracts, deliveries and other services including advisory services and information. They also apply to all future contracts with the customer and to future deliveries and other services to be provided to him. Conflicting terms and conditions are contradicted.

2. Offers and conclusion of contract

2.1 The offers in the catalogs and sales documents of the seller are always subject to change unless expressly designated as binding.

2.2 Orders are considered accepted if they are either confirmed in writing by the seller or executed immediately after receipt of the order. In that case, the delivery note or the invoice is considered to be the order confirmation.

2.3 Insofar as employees of the seller make verbal side agreements or give assurances that go beyond the written purchase contract, these always require written confirmation in order to be effective.

3. Prices, price lists

Our prices apply ex warehouse, VAT is not included in the price and will be invoiced separately at the statutory rate. Shipping costs are charged for each delivery. For small orders with a goods value of less than a certain value, a small quantity surcharge is levied.

4. Payment

Unless otherwise agreed, our invoices are payable within 8 days after invoicing with a 2% discount or 14 days after invoicing without deduction. After this period has expired, the customer is in default of payment. In the event of default, we are entitled to default interest in accordance with Section 288 of the German Civil Code (BGB), subject to proof of further damage caused by default.

5. Delivery

We are entitled to reasonable partial deliveries. The reliable dispatch of the ordered goods is ensured by the freight forwarder commissioned by us. The parties agree that in the event of a dispute it is up to the purchaser to prove that a delivery has not been received.

6. Rerention of title

The items delivered by us remain our property until all our current claims against the customer, as well as future claims, insofar as they are related to the delivered items, have been met. The customer is entitled to resell the delivery items that are our property (reserved goods) in the ordinary course of business. However, he already now assigns to us all claims from this resale, irrespective of whether the goods subject to retention of title are resold before or after processing or whether or not they are connected to real estate or movable objects. If the goods subject to retention of title are resold after processing or together with other goods that do not belong to us, or if they are connected to property or movable objects, the customer's claim against his customers shall apply in the amount of the delivery price agreed between the customer and us for the Reserved goods as assigned. The purchaser is also authorized to collect this claim after the assignment. Our authorization to collect the claim ourselves remains unaffected by this, but we undertake not to do so as long as the customer duly meets his payment obligations. If the customer makes use of the authorization to collect, we are entitled to the collected proceeds in the amount of the delivery price agreed between the customer and us for the reserved goods.

7. Notification of defects, warranty and liability

7.1 The seller is only liable for defects within the meaning of § 434 BGB as follows: The buyer must immediately examine the goods received for quantity and quality. Obvious defects must be reported to the seller in writing within 10 days. In the case of mutual commercial transactions between merchants, § 377 HGB remains unaffected.

7.2 If the buyer discovers defects in the goods, he may not dispose of them, i.e. they may not be divided, resold or further processed until an agreement has been reached on the handling of the complaint.

7.3 The buyer is obliged to provide the seller with the object of purchase or a sample thereof for the purpose of examining the complaint. In the event of refusal, the guarantee is void.

7.4 In the case of justified complaints, the seller is entitled to determine the type of supplementary performance (replacement delivery, subsequent improvement) taking into account the type of defect and the justified interests of the buyer.

8. Insourcing Fee

Our goods are in any case excluded from exchange or return. If, in exceptional cases, a return of the delivered goods is agreed between us and the customer, the customer has to pay a restocking fee that covers our administrative costs of at least 10 percent of the invoice amount. The withdrawal of special orders that were ordered at the customer's request is excluded.

9. General

a. The ineffectiveness of a provision of this contract does not affect the effectiveness of the entire contract.

b. The exclusive place of jurisdiction for all current and future claims is Nuremberg. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after the conclusion of the contract, or if his place of residence or usual place of residence is unknown at the time of the action.

c. German law is applicable to this contract.