Fair business transactions - Here you will find our terms and conditions

§ 1 Scope, Form · The present General Terms and Conditions of Sale (AVB) apply to all our business relationships with our customers ("buyers"). The General Terms and Conditions only apply if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. · The General Terms and Conditions apply in particular to contracts for the sale and / or delivery of movable items ("goods"), regardless of whether we manufacture the goods ourselves or buy them from suppliers (§§ 433, 651 BGB). Unless otherwise agreed, the General Terms and Conditions apply in the version valid at the time of the buyer's order or at least in the version last communicated to him in text form as a framework agreement also for similar future contracts without us having to refer to them again in each individual case. · Our AVB apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in any case, for example even if we carry out the delivery to the buyer without reservation with knowledge of the general terms and conditions of the buyer. · Individual agreements made with the buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these GTC. A written contract or our written confirmation is decisive for the content of such agreements, subject to proof to the contrary. · Legally relevant declarations and notifications by the buyer in relation to the contract (e.g. setting of a deadline, notification of defects, withdrawal or reduction in price) must be submitted in writing, ie in writing or text form (e.g. letter, email, fax). Statutory formal requirements and further evidence, especially in the event of doubts about the legitimacy of the declaring party, remain unaffected. · References to the validity of legal regulations are only used for clarification purposes. The statutory provisions therefore apply even without such a clarification, unless they are directly amended or expressly excluded in these GTC. § 2 Conclusion of the contract · Our offers are subject to change and non-binding. This also applies if we have given the buyer catalogs, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which we have property rights and copyrights Reserved. · The order of the goods by the buyer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within 5 working days of receiving it. · The acceptance can be declared either in writing (e.g. by order confirmation) or by delivering the goods to the buyer. § 3 Delivery period and delay in delivery · The delivery period is agreed individually or specified by us when we accept the order. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (unavailability of the service), we will inform the buyer of this immediately and at the same time notify the expected new delivery deadline. If the service is not available within the new delivery period either, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse any consideration already paid by the buyer. A case of non-availability of the service in this sense is in particular the late delivery by our supplier if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in individual cases. · The occurrence of our delay in delivery is determined by the statutory provisions. In any case, a reminder from the buyer is required. If we are in default of delivery, the buyer can demand lump-sum compensation for damage caused by the delay. The lump sum for damages is 0.5% of the net price (delivery value) for each completed calendar week of delay, but no more than 5% of the delivery value of the delayed goods. We reserve the right to prove that the buyer incurred no damage at all or only significantly less damage than the above flat rate. · The rights of the buyer according to Section 8 of these General Terms and Conditions and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the service and / or subsequent performance), remain unaffected. § 4 Delivery, Transfer of Risk, Acceptance, Default of Acceptance · The delivery takes place ex warehouse, which is also the place of performance for the delivery and any subsequent performance. At the request and expense of the buyer, the goods will be sent to a different destination (sale by mail order). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves. · The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer at the latest upon handover. In the case of sale by mail order, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay are transferred to the forwarding agent, the carrier or the person or institution otherwise assigned to carry out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. In addition, the statutory provisions of the law on work contracts apply accordingly to an agreed acceptance. The handover or acceptance is the same if the buyer is in default of acceptance. · If the buyer is in default of acceptance, if he fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this we charge a lump sum compensation of EUR per calendar day, starting with the delivery period or - in the absence of a delivery period - with the notification that the goods are ready for dispatch. · Proof of higher damage and our legal claims (in particular reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; however, the flat rate is to be offset against further monetary claims. The buyer is allowed to prove that we suffered no damage at all or only significantly less damage than the above flat rate. § 5 Prices and terms of payment · Unless otherwise agreed in individual cases, our current prices at the time of the conclusion of the contract apply, namely ex warehouse, plus statutory sales tax. · In the case of sale by mail order (§ 4 Paragraph 1), the buyer bears the transport costs from the warehouse and the costs of any transport insurance requested by the buyer. If we do not invoice the transport costs actually incurred in individual cases, a flat-rate transport cost (excluding transport insurance) of EUR 50 is agreed. Any customs duties, fees, taxes and other public charges are borne by the buyer. · The purchase price is due and payable within 14 days of invoicing and delivery or acceptance of the goods. However, even in the context of an ongoing business relationship, we are entitled at any time to carry out a delivery in whole or in part only against prepayment. We shall declare a corresponding reservation at the latest with the order confirmation. · When the above payment period has expired, the buyer is in default. During the delay, the purchase price is subject to interest at the applicable statutory default interest rate. We reserve the right to claim further damage caused by default. Our claim to commercial maturity interest (§ 353 HGB) remains unaffected with regard to business people. · The buyer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the buyer's counter-rights remain in particular in accordance with Section 7 (6) sentence 2 of these General Terms and Conditions shall not be affected. If, after the conclusion of the contract, it becomes apparent (e.g. through an application to open insolvency proceedings) that our claim to the purchase price is jeopardized by the buyer's inability to perform, we are obliged to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract entitled (§ 321 BGB). In the case of contracts for the production of non-representable items (custom-made items), we can declare our withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain unaffected. § 6 Retention of title We reserve title to the sold goods until all of our current and future claims from the purchase contract and an ongoing business relationship (secured claims) have been paid in full. The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. The buyer must notify us immediately in writing if an application is made to open insolvency proceedings or if third parties (eg seizures) have access to the goods belonging to us. If the buyer acts in breach of contract, in particular if the purchase price is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and / or to demand the return of the goods on the basis of retention of title. The request for surrender does not also include the declaration of withdrawal; rather, we are entitled to only demand the goods and to reserve the right to withdraw. If the buyer does not pay the purchase price due, we may only assert these rights if we have previously unsuccessfully set the buyer a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.