General terms and conditions
1. Genera/area of application:
The following terms and conditions apply, even if not separately agreed in individual cases, for all of our business transactions in current and future business relationships. Differing or supplementary individual agreements must be made in writing in order to be valid. This also applies for the suspension of the requirement for the written form.
Our offers and price lists are subject to change and non-binding until you receive written order confirmation from us. Our prices are net without deductions plus the applicable value added tax at the time of delivery.
3. Delivery deadlines:
If the delivery deadlines given by us are not met, we are only late with delivery if an appropriate grace period, specified in writing by the customer, of at least 2 weeks has elapsed and we are responsible for the delay. No additional claims – in particular claims for damages owing to late delivery or non-fulfilment – may be made by the customer unless the late delivery is due to wilful or grossly negligent conduct on our part.
The delivery deadline applies subject to unforeseeable incidents occurring for us or our subcontractors, such as delays in the production if essential supplied parts beyond a party's control, late delivery of essential raw materials, etc. insofar as these incidents affect production or delivery.
4. Delivery/transfer of risk/acceptance:
Delivery occurs at the customer's expense and risk, even where the delivery costs are covered by us. The risk of accidental loss and accidental degradation of the goods passes to the customer when the goods are handed over, or when they are handed over to the carrier in the case of sales shipment.
If delivery by us was agreed, this is done at ground level insofar as proper access is made possible.
The invoiced amounts are payable immediately and without deductions unless otherwise agreed. In the event of late payment, we may postpone delivery until payment is received.
The goods handed over or delivered to the customer – even in part – must be carefully checked by the customer for discrepancies and defects immediately upon delivery or handover and must always be stored properly after acceptance. In this respect, the inspection of random samples is not sufficient, even for large deliveries. In the event of visible defects, these should be confirmed in writing by the person responsible for the handover. The goods shall be considered to be inspected and approved according to the contract if we have not received any written complaints within a week of handover or delivery. We assume no liability and/or the warranty shall not apply for goods which the customer modifies, processes or combines with other objects or has modified, processed or combined despite obvious defects. In the event of defects in the goods supplied, we are obliged to carry out our choice of replacement, rectification, reduction or conversion. No liability shall be assumed for identical hues and/or material texture for goods ordered on the basis of material samples or for orders of additional parts insofar as the difference is within the acceptable range for fluctuations caused by production.
In the event of defects confirmed in writing by the person responsible for the handover, we will supply a replacement immediately and free of charge. In the event of hidden defects, the customer must send the affected goods back to us at their own expense. After inspection and acceptance, we will supply a replacement immediately and free of charge.
The customer may request conversion and reduction if we refuse to carry out rectification or replacement without reason or fail to successfully carry out at least three rectifications or replacements.
We provide a 20 year warranty as from the delivery date on defects in the goods supplied which are demonstrably caused by production defects. After expiry of the legal warranty period, this additional warranty applied by us is limited to free replacement. The entitlement to free replacement shall cease to apply if the customer does not adhere to the agreed payment deadline and method or if the goods have been improperly stored or subjected to additional work.
Offsetting against our claims is only permissible if the claim to be offset is either approved by us or is determined to be legally binding. Rights of retention may only be invoked to the amount of possible costs for eliminating defects to be proven by the customer.
8. Reservation of ownership:
The goods handed over or delivered remain our property until the full payment of the purchase price and all receivables resulting from the appropriate contract. We must be informed immediately in writing of any change of location and third part interventions, in particular seizures, including attachment of the seizure report for seizures. The customer bears the risk for degradation and loss of the reserved goods and must provide sufficient insurance for them against damages – in particular against fire, water, theft, etc.
9. Compensation for damages:
Our liability for damages is limited to intent and gross negligence. With regard to claims for damages arising against the customer as a result of delay by the customer or of failure in full or in part to fulfil the contract, we are entitled to claim flat rate damage compensation at a rate of 25% of the purchase price lost on the undelivered goods plus the costs of any legal proceedings unless the customer can prove reduced damages or we can prove increased damages.
10. Place of fulfilment/law/place of jurisdiction:
The place of fulfilment for deliveries and payment is our place of business. German law applies. The place of jurisdiction for all disputes arising from the business relationship is the local court in 64658 Fürth Odw. regardless of the value of the lawsuit, insofar as a jurisdiction agreement is legally permitted.