Terms and Conditions

§ 1 Scope
(1) These terms and conditions apply exclusively and only to companies, legal persons under public law or public special assets within the meaning of § 310 paragraph 1 BGB. Contrary to or from our Conditions deviating conditions of the customer, we recognize only if we agree in writing to the validity.
(2) All offers of the seller are aimed exclusively at companies, not to private individuals and consumers. Each customer confirms that he is not acting as a private owner or a consumer.
(3) These terms and conditions apply to all future transactions with the Customer as far as it is related legal transactions. 

§ 2 Offer and contract conclusion
If an order as an offer according to § 145 BGB is to be considered, we can accept it within two weeks.

§ 3 documents handed over
At all in relation to the order granting the buyer the licensed Documentation, such as calculations, drawings, etc., we retain ownership and Copyrights. These documents may be made accessible to third parties, whether provide for us being the buyer of the express written consent. As far as We do not accept the offer of the purchaser within the period of § 2, these Documents returned to us immediately.

§ 4 Prices and payment
(1) Unless otherwise agreed in writing, our prices are ex-works packing and plus VAT at the applicable rate. Costs the packaging is billed separately. 
(2) The payment of the purchase price only to the account referred to overleaf. Done The cash discount is allowed only with written agreement.
(3) Unless otherwise agreed, the purchase price within 10 days of to pay delivery. Default interest rate of 8 percent above the base rate p. a. calculated. The right to claim higher damages remains reserved.
(4) Unless a fixed price agreement has been made remain reasonable price changes due to changes in labor, material and distribution costs for supplies, the 3 months or later after signing the contract, without notice.

§ 5 Offsetting and retention
The customer has the right to compensation only if his counter-claims legally established or are undisputed. To exercise a lien the customer is only insofar as his counterclaim from the same Contractual relationship.

§ 6 Delivery
(1) The start of the delivery period requires the timely and proper fulfillment of the obligations of the buyer. The exception of the performance is reserved.
(2) the customer is in default of acceptance or culpably violates other Cooperation obligations, we are entitled to the damages in this respect, to demand compensation, including any additional expenses. Further claims reserved. Unless the conditions above, the risk of accidental loss or accidental deterioration of the goods in the Time to the customer, in which the default of acceptance or payment is.

(3) We are liable in the case of which we are not deliberately or through gross negligence Delay in delivery for each week delay in the context of a lump Compensation for delay amounting to 3 percent of contract value, but not more than 15 percent of the contract value.
(4) Further legal claims and rights due to delayed delivery remain unaffected.

§ 7 Transfer of risk at the dispatch
If the goods are shipped to that customer's request, it goes to the dispatch the customer, at the latest upon leaving the factory / warehouse, the risk of accidental Loss or damage to the goods to the customer. This is regardless of whether the shipment of goods from the place of performance or who the Freight costs.

§ 8 Retention of title
(1) We reserve title to the goods delivered until full payment all claims under the supply contract. This applies to all future Deliveries, even if we do not always refer to this. We are entitled to take back the goods if the buyer breaches the contract.
(2) The customer is obliged, as long as ownership has not been transferred to him, the goods with care. In particular, he shall at his own Against theft, fire and water damage at replacement value to insurance. If maintenance and inspection work is carried out, the Purchaser to export such time at his own expense. As long as ownership has not is passed to us, the Purchaser shall immediately inform in writing if the case of seizure or other interference by third parties. As far as the Third is not in a position to the court and extrajudicial costs of a lawsuit be given in accordance with § 771 ZPO, the customer is liable for our loss.
(3) The customer is entitled to sell the goods in the ordinary Course of business. The demands of the customer from the resale of the goods, the purchaser is already on us in the amount of the mutually agreed Invoice amount (including VAT). This assignment is independent of whether the merchandise has been sold without or after processing. The Buyer is to collect the claim even after assignment. Our Authority to collect the claim itself remains unaffected. However, we will Requirement not move as long as the buyer's payment obligations under the collected revenues, is not in arrears and in particular no Request to open insolvency proceedings is made, or stop payment. 
(4) The handling and processing or transformation of the goods by the purchaser is always For and on behalf of us. In this case, the expectant right of  Purchaser of the purchased goods to the reconstructed object away. If the item purchased with other items not belonging to us is processed, we gain the Ownership of the new item proportionate to the objective value of our merchandise to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the object of Customer as the main thing is to be considered, is agreed that the customer proportional co-ownership and the resulting sole ownership or joint ownership secures for us. To secure our claims against the buyer, the buyer such claims to us, which he is by the combination of goods with a plot against a third party we accept this assignment now at.
(5) We undertake that we release the securities on the customer demand release, if their value exceeds the secured claims by more than 20 percent exceed. 

§ 9 Warranty and complaints and recourse / manufacturer redress 
(1) guarantee rights of the customer require that the latter has in § 377 HGB duties of inspection and complaint properly complied.
(2) Warranty claims lapse 12 months after delivery by us goods delivered to our customer. The foregoing provisions shall not apply where the Law according to § 438 paragraph 1 No. 2 BGB (buildings and building materials), § 479, paragraph 1 Civil Code (recourse) and § 634 paragraph 1 BGB (construction defect) deadlines as mandatory. Before returning any product is our agreement obtained.
(3) If, despite all due care the goods have a defect that at the time of the transfer of risk, we are the goods, subject timely notice under repair or replace goods at our discretion. , We always have the opportunity to remedy within a reasonable time. Recourse claims remain unaffected by the above rules without restriction.
(4) If the supplementary performance is unsuccessful, the Purchaser without prejudice & Compensation claims & withdraw from the contract or reduce the payment.
(5) Warranty claims do not exist with only minor deviation from the agreed Quality, of only minor impairment of usefulness, of natural Wear and tear and damage caused by the transfer of risk faulty or negligent treatment, excessive use, inappropriate Equipment, defective workmanship, inappropriate foundation soil or under special external influences that are not provided under the contract. If the customer or third party improper repairs or modifications made, for these and the results are also not Warranty claims. 
(6) Claims by the Purchaser for the purpose of reworking Costs such as transport, infrastructure, labor and material costs are excluded if the expenses increase because the goods delivered by us subsequently moved to a different location than the Purchaser's branch office, unless the transfer is in accordance with its intended use.
(7) rights of recourse against us only in so far as the customer with its customers about the mandatory statutory warranty claims any agreements taken. For the scope of the right to recourse the buyer against the supplier shall also paragraph 6 accordingly.

§ 10 Miscellaneous
(1) This Agreement and all legal relationships are subject to the Law of the Federal Republic of Germany excluding the UN Sales Convention (CISG). 
(2) performance and exclusive jurisdiction for all disputes arising from this Contract is our location, unless otherwise specified in the order confirmation results.
(3) All agreements between the parties for the purpose of executing this contract are to be taken in this contract in writing. 
(4) If any provision of this agreement be or become invalid or Loophole, the remaining provisions shall remain unaffected.