General Conditions of Sale and Delivery

                                                                                                                    General Conditions of Sale and Delivery
                                                                                                                                                                                                                                                       

Exclusively for the execution of all orders placed with us the following
Conditions prevail. Deviating purchasing conditions of our customers
Commit ourselves only when we acknowledge this in writing.



1 Offer and Order
1.1. Our offers are valid , unless otherwise agreed , a month , calculated from the date of the offer to . Oral , telephonic , telegraphic or made by electronic data transmission path information, explanation or offers are not binding and are only effective if confirmed in writing .
1.2. The contract is with the sending of the order confirmation to the Customer by us or by contract by us . The customer is bound to his order .

2 prices
Our prices are , unless otherwise agreed, ex works , exclusive of VAT , packing costs and exclusive of customs duties or other additional costs or charges of any kind waybill temple , siding charges and cartage shall be borne by the customer. With increase in wages, materials or raw materials costs , manufacturing or transportation costs, etc. , we are entitled to charge the prices valid on the day of delivery . This does not apply if the agreed deliveries and services within 4 months are to be provided according to the contract.

3 terms of payment
3.1. Unless otherwise agreed, payments from invoice date with 2% discount within 10 days - unless the customer is not in default with other payments - or to be made within 30 days without deduction . If it is , however, a payment obligation as a result of repairs carried out by us , fitter programs and / or renovated for our deliveries done by components that payments within 10 days without deduction due. If not paid within 10 or 30 days , the buyer will be in default without the need to further Handluch required by us. In this case, the buyer has interest at the rate of 6% pa to pay above the current base rate of the European Central Bank. Moreover, it is to be paid , if the Purchaser fails to prove a lower damage for each marked by warning us a blanket compensation of € 5 . In addition, we reserve the right to prove a higher interest damages by producing a bank certificate and assert .
3.2 . The buyer may only aufrechne an uncontested or legally established claims . A purchaser of a merchant within the meaning of the German Commercial Code or entrepreneur , German Civil Code within the meaning of § 14, shall not have any . However, the rights under § 320 BGB remain as long as us as far as we are our obligations to the replacement or repair due to a defect not complied with .
3.3. as far as we accept bills of exchange or checks , this will only be accepted on account of performance . The change must be discountable . Discount charges and all other expenses shall be borne by the purchaser and shall be paid within 8 days .
3.4. In regulation with change we can demand immediate payment of all outstanding - require otherwise uncontested trade receivables when billed discount fees are not paid within 8 days , not discounted bills of exchange received from a bank , discounted bills are charged back or an exchange - not yet due is not cashed . The same applies if a check of the purchaser are not paid or the purchaser at an agreed rate of payment at a rate - comes with two consecutive installments in default - with a consumption contract.
3.5. If the purchaser after the conclusion of a significant deterioration in its asset position a , there is a bill or check protests , so we can all be executed after deliveries from contracts from the same legal relationship ( § 273 BGB ) advance payments or security deposits publishers. Does not meet the buyer that publishers, we can withdraw from these said contracts and compensation demand after a deadline of 14 days for breach of duty and after without special evidence in the amount of 10 % of the contract sum is not executed unless the customer proves a lower damage . In case of default of payment agreed in § 3 above interest becomes due .

                                                                                                                          
3.6. Payments by check or bill of exchange shall not apply until the bill of exchange or checks as final payment. The extended retention of title shall continue until the final redemption.

4 packaging
4.1. The type of packaging at our discretion . Packaging will be charged at cost price.
4.2 . Packaging materials shall only be accepted if this is expressly agreed . Otherwise, the return is excluded unless is turned on by us in accordance with the Packaging Ordinance as amended in the disposal of a suitable waste disposal company . The customer in this case is obligated to keep the packing material and handed over to the disposal company. Unless agreed that the buyer waives against the granting of a disposal fee on his return, he is obliged to used packaging to pass a licensed disposal company , which ensures proper disposal in accordance with the provisions of the Ordinance.
4.3. Reusable packaging provided by us only on loan. The return of the packaging unit to us in writing by the purchaser within 14 days and provide the packaging. Failing this , we are entitled to from the 3rd For each week (but most the full purchase value ) to ask for week 20 % of the purchase price after a reminder as rental or to set the value of the package in the same bill, which will be due immediately upon receipt of payment. For merchants , legal persons under public law and public - law special funds shall have designated the following : packaging materials that are owned by third parties , these owners will be delivered in the name and on behalf of . It should be noted that the suppliers of packaging materials at not returned in time to calculate rental fees , which has so far as they relate to him to take over , by the Purchaser.

5 decrease
5.1. Basically, the buyer has the finished product , unless otherwise expressly agreed to pick up ( Holschuld ) . This is not done within a reasonable period , we are entitled to ship the goods in the Purchaser's expense . The goods shall be upon their leaving our house as delivered according to the conditions (sale ) .
5.2 . The loss of the goods shall Pickup , as is done in case they were sent with the shipment. Delivery times will be posted as available , including but continue the sentence : The delivery period shall be extended upon the occurrence of force majeure and any unforeseen occurred obstacles that we are not responsible ( in particular by equipment failure, strikes , war, riots , lockouts or transport disturbances ) , insofar as such obstacles to the delivery of the goods are of influence . This also applies if these circumstances occur at our suppliers and their suppliers. We share the beginning and end of such hindrances to the Purchaser as soon as possible .
5.3 . We are entitled to partial deliveries. Partial deliveries do not entitle to withhold payments for goods gelled . In case of non -delivery by our suppliers , which is not caused by us , we may withdraw from the contract. Section 12 applies to the remainder.

6 shipping
6.1. With the handing over to the forwarder or carrier , at the latest upon leaving our premises , the risk passes to the buyer.
6.2 . Transport and the transport are absence of specific instructions leave any liability of our choice to the exclusion . Section 12 applies to the remainder. Goods ready for dispatch must be called for immediately , otherwise we are entitled to store them at the expense and risk of the purchaser , at its discretion and to consider as supplied from the factory.




7 insurance
Be against damage and breakages , the goods insured only wish of the customer. We calculate in this case the costs incurred by us , but assume no responsibility for carrying out the insurance. § 6 shall apply mutatis mutandis . The buyer undertakes to insure our delivery during or immediately after their arrival at their destination at his own expense against fire and explosion hazard. He will take into account the risk alone , as well as in respect to any claim otherwise, unless otherwise agreed .

8 delivery time
8.1. Time shall commence on the date of clarification of all details of the order and if both parties agree on all the terms and conditions of business.
8.2. The delivery period shall be extended - also within a delay - in cases of force majeure and any unforeseen occurred obstacles that we are not responsible ( in particular by equipment failure, strikes , war, riots , lockouts or transport disturbances ) , insofar as such obstacles to the delivery of the goods are of influence . This is true even if circumstances occur at our suppliers and their suppliers. We share the beginning and end of such hindrances to the Purchaser as soon as possible .
8.3. The purchaser can demand a statement from us , whether we withdraw or deliver within the reasonable period of time . We do not explain ourselves immediately, the purchaser may withdraw . Claims for damages are excluded in this case .
8.4. We are liable in terms of timely delivery only for its own negligence and as our agents. For the fault of our but we did not enter , because they are not agents.
8.5 . In case of delay in delivery the Purchaser is obliged to explain to our request immediately , if he still insists on delivery or resigns because of the delay from the contract and / or claim damages in lieu of performance.
8.6. If the shipment of the goods is delayed at the request or fault of the buyer, the goods are stored at the expense and risk of the purchaser .

9 Retention of title
9.1. We retain title to the delivered goods until full payment of all due to us from the business relationship , regardless of the legal reason before . The extended retention of title until payment of all claims from the business relationship with the customer up to the exemption from liabilities, which are entered in the interest of the customer. We are entitled to demand our reserved goods for important reasons, especially in case of default after a warning against crediting of the proceeds , without this implying cancellation of the contract . In this case the buyer is obliged to surrender .
If third of our delivered goods , the buyer is obliged to point out our ownership and inform us immediately , taking handover of all documents necessary for the objection to us .
9.2. If the reserved goods are processed by the customer to a new movable , so further processing is done for us , without us being any obligation , and the new thing is our property. When working together with goods not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the reserved goods to the other goods at the time of processing. Connects to not belonging to us in accordance with § § 947.948 Goods BGB the reserved goods are combined or mixed <