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Terms and conditions

(Download terms and conditions (PDF 39, kb)

I. Validity / Offers / Orders
1. These General Terms and Conditions apply to all contracts and other services, including future contracts. References or counter-confirmations by the Purchaser with reference to his Purchasing Conditions are hereby expressly rejected.
2. The offers of the supplier are permissive. Agreements, in particular oral ancillary agreements and representations, shall only become binding upon written confirmation by the supplier.
3. The documents, such as drawings, illustrations, technical data, references to standards, as well as information in advertising material, which are part of the offer, are not property guarantees insofar as they are not expressly and in written form identified.
4. Deviations of the delivery item from offers, samples, trials and advance deliveries are permissible according to the valid DIN standards or other relevant technical standards and guidelines.
5. Orders shall only be deemed to have been concluded if the Supplier has confirmed the order in writing; This also applies to orders mediated by representatives. The Supplier shall in principle not be liable for errors arising from the documents submitted by the Purchaser (eg drawings), due to unclear or oral data.

II. Costs
Unless otherwise agreed, the prices of the supplier are ex works excluding shipping and packaging, plus VAT.

III. Payment and Billing
1. The invoices of the supplier are payable within 10 days with 2% cash discount, within 30 days net, in each case from date of invoice. Payment shall be made within such time limits in such a way that the Supplier is at the latest available on the due date for the amount which is compulsorily necessary for the calculation.
2. Contracts which are disputed by the Supplier or have not been legally established do not entitle the Purchaser either to withhold or to set-off.
3. If the payment goal is exceeded, at the latest after a reminder, the supplier is entitled to charge interest of 9% above the base rate of the German Central Bank. We reserve the right to assert further claims for damages.

IV. Delivery time, delay, lump-sum compensation
1. The delivery date shall be the date specified in the order confirmation of the supplier in writing. If the purchaser does not provide the documents to be procured by him in time or if he does not comply with his individual contractual obligations (eg prepayment, deadline for the release of the license drawing, etc.) delivery time will be expanded corresponding to this period of delay.
2. The delivery time is complied with if the delivery item has left the supplier's work until the expiry of the delivery or the supplier has provided the delivery items for delivery and has informed the purchaser of the readiness for delivery.
3. Insofar as the customer is liable for a delay due to a delay, the damages shall be limited to 0.5% for each full week of the delay, but not more than 5% from the value of the part of the total delivery which is delayed. Proof of a lower damage remains reserved to the supplier. Explicitly excluded are also consequential damages. The liability limitation does not apply in case of willful intent or gross negligence, as well as in the case of violation of essential contractual obligations.

V. Reservation of title
1. The deliveries or services shall remain the property of the Supplier until all payments resulting from the contract have been received.
2. In the event of a breach of contract by the purchaser, in particular in the event of a delay in payment, the Supplier shall be entitled to take back the goods after a reminder and the Purchaser shall be obliged to issue the goods. The resulting costs bear - as well as for the insurance of the delivered goods or services - the customer.
3. The Purchaser shall neither pawn nor surrender the object of delivery. In the case of seizures, confiscation or other orders by third parties, he shall immediately notify the supplier thereof.

VI. Liability for defects / limitation of liability
1. All those parts must be repaired or replaced free of defects, at the choice of the supplier, which can be found to be defective as a result of a condition before the dangers. The determination of such defects shall be notified to the supplier in writing without delay.
Replaced parts become the property of the Supplier. The supplier shall bear the direct costs of the repair or replacement delivery, including the dispatch, as far as the complaint proves to be justified.
In order to carry out all necessary improvements and deliveries to the supplier, the Purchaser shall, after agreement with the Supplier, give the Supplier the necessary time and opportunity; Otherwise the Supplier shall be exempted from the liability for the resulting consequences. Only in urgent cases of the risk of operational safety or the defense of disproportionately large damages, whereby the supplier is immediately to be informed, the customer has the right to have the defect eliminated by himself or by a third party. As long as the customer does not give the supplier the opportunity to convince himself of the defect, he does not make the disputed goods or samples thereof available, in particular, upon request, he can not rely on defects of the goods.

2. Within the scope of the statutory provisions, the purchaser has a right to withdraw from the contract if the supplier fails to make a reasonable period set for him for the improvement or replacement delivery to be fruitless because of a lack of material. No liability is assumed in particular in the following cases: improper or improper use, faulty assembly or commissioning, natural wear and tear, faulty or negligent treatment, improper maintenance, unsuitable operating equipment, Deficient construction work, other external influences, as long as they are not the responsibility of the supplier. If the purchaser or a third party improperly improves, the supplier is not liable for the resulting consequences. The same shall apply to any changes made to the delivery item without prior approval by the supplier.

3. The Supplier shall be liable for damage which has not occurred to the delivery item itself - for whatever legal reasons - only
a) with intent
b) In case of gross negligence
c) In case of culpable injury to life, body and health
d) In the case of defects which he has fraudulently concealed
e) In the context of a guarantee
f) In the event of defects in the delivery item, insofar as the product liability law for persons or property damage to privately used items is liable.

In case of culpable violation of essential contractual obligations, the supplier is also liable in case of slight negligence, limited to the contract-typical, reasonably foreseeable damage. Further claims are excluded.

VII. Limitation
All claims of the customer - for whatever legal reasons - expire in 12 months. For damages claims pursuant to section VI.3. a) to d) and f), the statutory time limits apply. They shall also apply to deficiencies in a building or to goods which have been used for a building according to their normal use and which have caused their defect.

VIII. Copyrights / Labeling
1. The supplier reserves the right to property and copyright in cost estimates, drafts, drawings and other documents: they may only be made accessible to third parties in agreement with the supplier. Drawings and other documents pertaining to offers are to be returned upon request.
2. If the supplier has supplied items according to drawings, models, samples or other documents handed over by the Purchaser, he or she assumes the guarantee that third party proprietary rights are not infringed.
If a third party, with the exception of protective rights, prohibits the manufacture and delivery of such items to the supplier, the supplier shall be entitled to discontinue any further activity without obligation to examine the legal situation. Furthermore, the supplier is entitled to demand compensation from the purchaser in case of fault of the purchaser. The purchaser also undertakes to immediately release the supplier from all third-party claims relating to this.
3. The supplier's reports and business documents are identified by his name or his company logo. The purchaser is not entitled to remove this identification mark or to use it without marking, unless otherwise agreed in writing.
4. The supplier's products are identified by his or her company logo and, if applicable, a name plate. The purchaser is not entitled to remove this identification mark or to use the supplier's products without this marking, unless otherwise agreed in writing.

IX. Test parts or the like.
If the Purchaser has to provide parts for the execution of the order, they shall be free to deliver the production site with the agreed quantity in time, free of charge and free of defects. If this is not the case, the costs and other consequences resulting from this are at his expense.

X. Place of performance, jurisdiction and applicable law
1. For all legal relations between the supplier and the customer, the law of the Federal Republic of Germany, which is relevant for the legal relations between domestic parties, shall apply exclusively.
2. Jurisdiction is the court competent for the seat of the Supplier. However, the supplier is entitled to bring an action at the head office of the customer.