General Terms and Conditions
Prices are ex works plus packaging and shipping. The list offer price valid at the time of order applies. If delivery takes place more than 3 months after conclusion of the contract, the list offer price valid on the day of delivery shall be decisive. If the increase exceeds 5%, the buyer is entitled to withdraw.
Shipping and delivery are at the expense and risk of the buyer. The risk passes to the buyer when the goods are handed over for shipment. Circumstances not foreseeable at the time the order was placed, such as a shortage of raw and auxiliary materials or obstructions due to force majeure (war, riots, strikes, etc.), entitle the seller, insofar as these make delivery of the ordered goods impossible, to withdraw from the contract by providing written notice to the buyer. In the event of a temporary delivery obstacle for which the seller is not responsible, the seller is entitled to exceed the agreed delivery date by the period of the obstruction.
Unless otherwise agreed, invoices are payable without deduction within 10 days of the invoice date. The seller will comply with requests for changes to the ordered items or other services in terms of quality and/or quantity after conclusion of the contract, insofar as this is reasonable and an agreement is reached regarding any price changes. Even without the written consent of the buyer, the passing of the order or its essential parts to third parties (subcontractors) is permissible.
The delivered goods remain the property of the seller until full payment of the agreed purchase price and settlement of all claims arising from the seller/buyer business relationship, including future claims, as well as all ancillary claims and until the checks and bills of exchange accepted for performance according to § 3 have been honored. Insofar as the value of all security rights to which the seller is entitled exceeds the amount of all secured claims by more than 20%, the seller will release a corresponding part of the security rights at the buyer's request. The buyer is entitled to resell or process the reserved goods in the ordinary course of business. The buyer assigns in advance to the seller the claims arising from the resale in the amount of the respective invoice value of the reserved goods at the time of the order. The seller is authorized to collect the claim. The buyer is not entitled to pledge or transfer the reserved goods as security in any form. Upon processing the reserved goods, the seller becomes co-owner of the new goods in proportion to their value. The assertion of the retention of title as well as the seizure of the delivered goods by the seller shall not be considered a withdrawal from the contract. The seller is obliged, if the value of the existing securities exceeds the open claims by more than 20%, to declare the release at the request of the buyer. The buyer is obliged to inform the seller immediately of any claims against the reserved goods.
a) Claims for damages by the buyer, regardless of the legal grounds, in particular due to breach of duties arising from the obligation and from tort, are excluded.