Terms and conditions
Terms and conditions
With the issuance of the contract the customer agrees to our terms and conditions. Other treaties do not apply, even if individual provisions are not included in our terms. Silence over any terms of the customer is in no way be deemed as approval. In particular, the delivery or provision of the contract performance does not imply agreement to the terms of the customer. For traders these terms and conditions apply to all future business relations between the parties. Individual Contractual provisions within the contract shall supersede the terms and conditions.
2. Offers and contracts
Our offers are non-binding. Orders are binding only after our written confirmation. Belonging to the offer such as illustrations, drawings, weight or dimensions or other specifications as well as referenced DIN, VDE, or other operational or corporate norms and patterns are industry-standard approximations, except they were identified as binding in the order confirmation. In no case do such indications of quality or durability are guaranteed. Deviations of the ordered or delivered goods, particularly in terms of material and finish will remain as part of technical progress reserved. For the content and scope of the contract our written order confirmation is the deciding factor. Subsidiary agreements, amendments, additions, etc. require our written confirmation. Excess or short delivery of up to + / - 10% of the purchase amount is reserved for technical reasons.
3. Product note
For printing errors or color variations to the products shown in the brochures, we assume no liability. Technical and optical product modifications reserved.
4. Prices and Payment
The prices quoted are for delivery ex works, excluding packaging, shipping costs and VAT, which the customer has to bear. Our bills are generally to be paid free of costs in €. Otherwise apply the payment terms of the order confirmation. When payment is exceeded, interest at the rate of 8% above the base rate of the Deutsche Bundesbank are to be paid. This applies even by extension. If we have multiple claims against the customer, we determine (even with adjustment to current account), which may be charged on the debt payment. If the customer enables a central settlement company, debt liberating settlement of the invoice occurs not until payment is credited to our account. A set-off against our claim is only allowed if the customer can charge up with a legally established or with one specifically by us recognized claim. The same applies to merchants for the enforcement of rights of retention to these amounts in our invoices. For merchants the right to file a counterclaim is excluded in terms of our sued for payment claims.
The dates of delivery given by us are not binding unless they are expressly approved in writing by us as a binding delivery date. Ceased or delayed supplies and services, as a result of circumstances beyond our impact, including stoppages, strikes, lockouts, or transport or other specific unforeseen obstacles that affect us or our suppliers, entitle us to deliver a later date or to withdraw from the contract in whole or in part, without the customer therefore entitling a compensation. This applies even if those events occur in a time when we are in default. In cases of unreasonable delay in delivery the customer is entitled to resign to the exclusion of claims for compensation. In case of delay in delivery or service, the customer is after a reasonable, minimum of 4 weeks deadline which is set by us, however, production-oriented extension entitled to withdraw from the contract. The resignation is to take place in each case by written declaration. If the exceeding is limited to a delivery part or a service part, the right of rescission is also limited to the affected part, if by such a restriction of the right to withdraw from an objective assessment the remaining contract is not affected. For traders one in the event of default existing liability for damages is limited to a sum compensation for each full work week of delay in the amount of 0.5% to a total of max. 5% of the value of the relevant (sub-) restricted delivery or performance. Compared with other parties in the event of default, the liability for damages is limited based on intent or gross negligence. We are entitled to partial deliveries and - after appropriate prior information - to premature delivery. The dispatch of all our company leaving freight is at the expense and risk of the customer, the latter even if free delivery is agreed. In case of damaged or incomplete shipments has to be arranged a factual report by the competent insurance agent immediately after receipt. With the delivery of goods to the transport officer, at the latest when they leave the factory, the risk of accidental loss passes to the customer. In case of default of acceptance we are entitled to store the goods at the expense and risk of the customer's own or to charge storage costs or to require, at our discretion a penalty equal to 10% of the sales value of products. Shipping instructions of the customer are only binding if agreed in writing. Otherwise we provide at our discretion and without any liability for the choice of shipping.
6. Packaging, trademarks, intellectual property rights
The customer is solely responsible for compliance with and observance of all packaging requirements, product labeling and notification obligations. The customer warrants that in connection with his order third parties are not impinged upon their rights and agrees to indemnify us from third party claims. The customer is not entitled to change our brands to use in excess of the sale of goods or to bring other brands / marks on the goods delivered. The change in the equipment of our merchandise and any kind of repackaging such as blisters, skinning, etc. is permitted with our express written consent only. We have the right to limit our agreement, to restrict it on certain products and packaging, to make it dependent on the fulfillment of certain obligations and / or to revoke our consent for future deliveries. When ordering items that are provided at the request of customers with signs of the client or a third party, the customer warrants that he has the unlimited rights. If third parties nevertheless assert claims, the customer must immediately release us in the full extent of these claims.
7. Warranty, Liability
For our warranty and other liability with respect to delivery or performance deficiencies, including counterfeit goods or services subject to the regulations listed below. Complaint of our deliveries or services including wrong deliveries are to be advised to us within one week of receipt of goods or provision of services or in the presence of concealed faults within one week after the discovery of the error, if the customer is a merchant. If obvious defects are not, not in time and / or reprimanded not in proper form, so in this respect any claim does not apply. If the goods delivered by us are repaired or modified without our participation or use or storage requirements were not met, our warranty liability expires. If we are used by third parties in legal liability for damage claims, which have their basis not in our manufacturing sector, but in the area attributable to the customer, the customer is obligated to indemnify us against such claims. For damage caused by foreign products, our liability is limited initially to the assignment of claims against the supplier, contract manufacturer, etc. and there is only a subsidiary liability. In the case of justified complaints, the customer first has the right to request a replacement. The right to vote, if in an appropriate time a replacement of the thing or a correction of the defects takes place, we will decide in our discretion. In addition, we have the right, in case of failed supplementary performance to carry out again the cure at our own choice. If it does not turn into a repair nor a replacement, the customer is justified to withdraw or appropriate to the importance of the defect reduction of the payment. In all cases of justified complaints the right to repair or replacement beyond entitlements (eg compensation of warranty or breach of contract, negligence in tort or contract negotiations due to impossibility, delay, failure or failure to carry out the repair or replacement) are limited to intent and gross negligence. The customer has to prove the damage sustained on the merits and the amount of. The same applies to the futile expenditure. Legal recourse by the customer against us only insofar as the customer has not met with his customers beyond the legal warranty claims agreements. If it is divisible goods or services or only parts concerns the lack of a functional unit, the right of withdrawal is limited to the affected part. The assertion of warranty claims and deadlines is without influence on payment obligations. Non-merchants can assert guarantee claims only to a considering the defect adequate extend. If the customer meets his payment obligations not or not on time, our regulated duties above shall be suspended pending compliance the obligation to pay. In the event of justified complaints, our liability is limited at the most to the value of complained goods delivered by us. The warranty and limitation period for merchants is 12 months after passing of risk or in the case of contracts for work on unacceptable terms after the first operation, at least 24 months from delivery or service provision. For parts, which due to their material properties or the nature of their use are subject to premature wear, the warranty applies only to the individual case, usually to be applied in the period. In each case the customer has to prove that the defect was already present at delivery.
8. Reservation of ownership
The delivered goods remain our property until full payment of all us from the business attributable to minority and future claims (for whatever legal reason, including notes receivable, including any third party and purchased receivables). For current accounts, our backups are considered secure the respective outstanding balance. When the customer purchases by combining, mixing or processing our delivery (with other supplies) sole or joint ownership, ownership to us in the amount equal to the ratio of our delivery to the other connected matters. A processing or adaption under § 950 BGB is done for us, without it would be compulsory for us. If our (co-) ownership is ceased by combining or workmanship, it is agreed now that the (joint-) ownership of the customer in the thing shall be proportionally assigned to us. The customer keeps our (joint) property free of charge. In cases of conflict with provisions of this clause to clauses of other suppliers of used parts for all the processing is collaborative and our share depends on the ratio of our delivery to the rest. The custody shall be made free of charge in all cases. The value of our supply is determined by our performance price including VAT and without discount. Goods to which we have (co-) ownership, hereinafter referred to as conditional goods. Until the compliance of all pecuniary claims against our customers from the business relationship, a recovery or security assignment of our co-owned goods or the goods supplied by us is forbidden. Furthermore, any resale is prohibited, unless the customer buys the conditional goods delivered by us for the purpose of resale. In this case, he shall be entitled to resell the conditional goods in the ordinary course of business operations on their own behalf, unless the from the resale grown demand is transferable. In the event of a resale of the conditional goods, the customer assigns to us, regardless of whether sold the conditional goods with or without connection or processing, the demands resulting from the resale in the amount of the value of our delivered conditional goods with all ancillary rights. We accept the assignment. This also applies to cases in which, according to the above limitations, a resale was not allowed. After the assignment the customer is revocably authorized to collect debts. Our authority to collect the claims ourselves remains unaffected hereof. In this respect, the customer agrees, immediately upon our request, to disclose the assigned claims and their debtors, and to give all the necessary data for self-collecting the assigned claim, to hand over relevant documents and notify the third party debtor of the assignment. We are authorized to notify the garnishee in the name of the customer about the assignment. In breach of contract by the buyer - in particular default in payment - we are entitled to rescind the contract and demand the conditional goods. A taking back of the conditional goods is not seen as a withdrawal from the contract. The latter is true only if we expressly declare this in writing. We are not obliged to set a grace period before the taking back. If the securities due to us due to our retention of title exceed the value of the secured claims by more than 20%, we give the backups on demand so far free. If third parties seize the conditional goods, especially seizures, the customer will indicate our ownership and inform us immediately so we can enforce our proprietary rights. If the third party is unable to reimburse us for the liabilities incurred in this context, judicial or extrajudicial expenses, the customer is liable.
The assignment of claims to which the customer is entitled from the business relationship with us, is excluded.
10. Fulfillment and jurisdiction
Place of fulfillment for all deliveries and payments is Kirchehrenbach, Germany. Place of jurisdiction is Nuremberg, Germany. We are however entitled to sue the customer at the court of his business or residence. The contractual relationship is particularly true in cross-border deliveries by German law excluding the UN sales law. Should any of the foregoing provisions be entirely or partially invalid, this shall not affect the validity of the provision(s) or the remaining contract.