Terms of Service

All deliveries and services are carried out exclusively on the basis of these conditions. These also apply to all future business relationships, even if they are not expressly agreed again. Earlier, possibly different conditions hereby lose their validity.
By placing orders, the customer accepts the terms of delivery as legally binding.
Counter-confirmations by the buyer with reference to his own terms and conditions of business or purchase are hereby contradicted.

Our offers are non-committal and non-binding. Declarations of acceptance and all orders require our written or telex confirmation to be legally effective. This also applies to telephone and verbal additions, amendments and ancillary agreements.
The sales representatives are not authorized to make verbal side agreements or to give verbal assurances that go beyond the content of the written contract.
All offer documents remain our property. They may not be made accessible to third parties without our consent.
We reserve the copyright to these documents.

The prices stated in our order confirmation plus the respective statutory sales tax are decisive.
Additional services and services are charged separately:
All prices apply ex works or delivery warehouse excluding packaging and transport.
These will be charged separately.
If the price of materials or wages and salaries increases three months after the conclusion of the contract, or if taxes and duties are increased, we are entitled to adjust our prices accordingly.
Down payments and advance payments have no influence on the prices. They will be credited and offset against the final price.

Unless otherwise agreed, our invoices are payable within 14 days of the invoice date with a 2% discount or net after 30 days. For orders over € 15,000, we reserve the right to request 1/3 of the order total after receipt of the order confirmation, 1/3 after notification of readiness for dispatch and the rest after delivery has taken place.
A payment is only deemed to have been made when we can dispose of the amount. We are not obliged to accept checks and bills of exchange. Checks and bills of exchange are only accepted on account of performance; in this case, payment is only deemed to have been made when the check is cashed.
We are entitled, despite the buyer's provisions to the contrary, to initially offset payments against his older debts. If costs and interest have already been incurred, we are entitled to offset the payment first against the costs, then against interest and finally against the main service.
In the event of default by the customer, we are entitled to charge interest from the relevant point in time at the rate charged by commercial banks for open overdrafts plus statutory sales tax. If, after conclusion of the contract, circumstances become known which call into question the customer's creditworthiness, in particular if a check is not cashed or payments are suspended, we are entitled to declare all claims due, regardless of the term of any bills of exchange accepted. This also applies if checks have been accepted.
Circumstances of this type also entitle us to carry out outstanding services only against advance payment or provision of security, and to withdraw from the contract after a reasonable period of grace has expired or to demand compensation for non-performance.
The customer is only entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.

All delivered goods remain our property until all claims to which we are entitled from the business relationship with the customer have been paid in full.
Processing or transformation always takes place for us as the supplier, but without any obligation for us. If our (co-)ownership expires through connection, it is already agreed that our (co-)ownership of the uniform item shall pass to us in proportion to the value (invoice value). The customer keeps our (co-)ownership free of charge. Goods to which we have (joint) ownership are referred to below as reserved goods.
The customer is entitled to process and sell the reserved goods in the ordinary course of business as long as he is not in default. In the event of sale, he must also agree retention of title with the buyer with the same content. Pledging or assignment as security is prohibited. To be on the safe side, the customer hereby assigns to us in full the claims arising from the resale or any other legal reason (insurance, tort) with regard to the goods subject to retention of title. The customer is hereby revocably authorized to collect the claims assigned to us on our account in his own name. At our request, the customer will disclose the assignment and provide us with the necessary information and documents.
If third parties access the reserved goods, the customer will point out our ownership and inform us immediately. The customer bears the costs and damages. In the event of breach of contract by the customer, in particular default in payment, we are entitled to take back the reserved goods at the customer's expense or, if necessary, to demand the assignment of the customer's claims for return against third parties. Taking back or pledging the goods subject to retention of title by us does not constitute a withdrawal from the contract.

Delivery dates or deadlines, which can be agreed as binding or non-binding, must be in writing.
The day of provision or the day of dispatch is deemed to be agreed as the delivery.
Delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for us - this also includes subsequent difficulties in procuring materials, operational disruptions, strikes, lockouts, lack of personnel, lack of means of transport, official orders, etc., even if they occur at our suppliers or their sub-suppliers - we are not responsible, even in the case of bindingly agreed deadlines and dates. We are entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. If the hindrance lasted longer than 3 months, the customer is entitled to withdraw from the contract with regard to the part that has not yet been fulfilled. If the delivery time is extended or if we are released from our obligation, the customer cannot derive any claims for damages from this.
We are entitled to partial deliveries and partial services at any time.

The risk is transferred to the customer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse or the production plant for the purpose of dispatch. From the same point in time, the customer is liable for any damage that may occur to third parties. If shipment becomes impossible through no fault of our own, risk passes to the customer upon notification of readiness for shipment.
The determination of the shipping route, the shipping method and the shipping means is left to us to the exclusion of liability and without guarantee for the cheapest transport.
Unless expressly agreed otherwise, all shipments are insured by us against damage in transit and the costs for this are billed to the customer separately. In the event of transport damage, it is up to the customer to comply with the rules applicable to transport insurers regarding the form and period of damage settlement by the transport insurer or, at the customer's request, assign our rights against the transport insurer to the customer. Further claims for damages against us are excluded.
Transport damage must be reported immediately upon receipt of the goods.

Obvious defects must be reported in writing immediately, but no later than 8 days after receipt of the delivery item. Defects that cannot be discovered within this period even with careful inspection must be reported to the seller in writing immediately after discovery.
If the goods are defective as a result of material or processing errors or if they lack guaranteed properties, we are obliged to either repair them or replace them with faultless goods free of charge, at our discretion. Consumable parts are excluded from this warranty.
The customer reserves the right, if the repairs or replacement delivery fail after a reasonable period of time. to demand a reduction in payment or cancellation of the contract. However, this only applies if the customer has not changed the subject matter of the contract.
Warranty claims are only available to the direct customer and are not assignable.
Warranty claims expire 6 months after receipt of the goods. The above paragraphs finally regulate the warranty claims of the customer and exclude other warranty claims of any kind.
We assume no liability for technical advice in connection with the development, installation and use of contractual items.

Claims for damages due to impossibility of performance, positive breach of contract, culpa in contrahendo and tort are excluded both against us and against our vicarious agents or vicarious agents, unless intentional or grossly negligent action is involved.

Unless otherwise expressly agreed in writing, the information we provide to the customer in connection with orders is considered confidential.

The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the customer and us.
The place of fulfillment is the registered office of our company or a place named by us.
Insofar as the customer is a registered trader within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, Wolfratshausen is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. In the event of the ineffectiveness of a provision, the contracting parties are obliged to make an effective provision that comes as close as possible to what is economically intended.