General Terms and Conditions of Sale

1.2 Our General Terms and Conditions of Sale take precedence over any conditions to the contrary on the part of our customers.

1.3 If any provisions, or parts of provisions, in these General Terms and Conditions of Sale conflict with mandatory provisions of the law, the provisions or parts of provisions in question shall not apply. This applies in particular to the sale of consumer goods (ss. 474 ff. BGB).

S. 2 The Making of the Contract

2.1 Orders addressed to us constitute binding offers, and shall remain binding until we accept or decline them.

2.2 Delivery of the goods with no other statement on our part shall constitute acceptance of the offer.

S. 3 Prices and Payment

3.1 Our prices are ex works unless otherwise laid down in the agreements between the parties.

3.2 Our prices are net of VAT unless expressly agreed to the contrary.

3.3 Our invoices are payable immediately. - If payment is made within 10 days after receipt of the invoice, we grant a discount of 2 %. - If payment is made within thirty (30) days after receipt of the invoice, no interest for delay will be charged. -  For payments in advance or submission of a direct debit authority with immediate settlement we grant a discount of 4 %. - For cash on delivery we grant a discount of 2 %.

3.4 Our customers may claim the right to offset payment only if the counterclaim has been established in a non-appealable way, if we have acknowledged it or if it is not disputed.

S. 4 Delivery Period / Partial Deliveries

4.1 Our customers shall grant us a reasonable supplementary period for delivery beyond the agreed deadlines unless it is expressly agreed in the contract that the delivery date is firm and that no supplementary period will be granted.

4.2 If we are late in making delivery, claims for compensation for losses suffered because of the delay shall exist only following expiry of the supplementary period to be granted by our customer (see para 4.1 above) unless no supplementary period has to be granted.

4.3 We are entitled to make partial deliveries or deliveries in several instalments. Our right to make partial deliveries shall not apply if accepting partial delivery cannot  reasonably be expected from our client .

S. 5 Warranty, Liability, Right to Exchange and Return Goods

5.1 In response to claims under warranty, we shall be entitled, at our option, to cure the defect or provide a compensation delivery. There shall be no right to withdraw from the contract or demand a reduction in payment while we retain the right to cure defects or provide a compensation delivery; s. 440 para 2 sentence 2 BGB shall apply.

5.2 If the effort to cure the defect as per para 5.1 fails, or if we are not prepared or are otherwise unable to cure the defect, of if curing the defect or the compensation delivery do not take effect within a reasonable period of time granted to us in writing, the customer shall be entitled to withdraw from the contract or demand a reduction of the purchase price.

5.3. Our customer shall have no further-reaching claims; this applies in particular to claims for compensation, including loss of profit and other economic loss or damage to property.

5.4 The limitation on liability pursuant to para 5.3 shall not apply if such claims are the result of intent or gross negligence.

5.5 Our liability is limited to foreseeable damage.

5.6 The period of warranty is based on the provisions of the law; this also applies to consequential losses caused by defects.

5.7 Regardless of any rights of return or exchange granted by law, we grant the right to have all goods exchanged by us (with the exception of custom-made products and articles in special colours). Customers may return the purchased goods and choose other goods with the same selling price. This contractual right of exchange is subject to a time limit of seven days after receipt of the goods. A second exchange cannot be claimed. The cost of any such exchange based on the contractual right of exchange shall be borne by the customer. The provisions of para 5.7 do not affect withdrawal, warranty and return claims allowed by law and the applicable rules governing cost in such cases.

S. 6 Retention of Property, Claim for Return of Goods, Seizure

6.1 We reserve the right of property of to the purchased goods until we have received all payments due in respect of the business relationship.

6.2 If our customer acts in serious violation of the contract, we shall be entitled to take back the goods sold.

6.3 If goods which are subject to the retention of property are seized, our customer is obliged to inform us immediately and provide to us the information required to pursue our claims.

6.4. The processing or remodelling of the goods supplied by us shall be deemed to be made for us. If an object supplied by us is mixed with or combined with other objects not belonging to us, we shall acquire joint ownership of the new or mixed object in proportion to the value of our object compared to the other objects with which it is mixed or combined. If the object belonging to our business partner is be considered as the principal object, our business partner has to grant us the respective joint ownership.

6.5 On the request of our business partner, we undertake to release any securities held by us if and insofar as the expected returns from their sale, less any cost of sale, exceed 120 percent of our claim.

S. 7 Place of Performance, Applicable Law, Venue

7.1. The place of performance is our corporate seat, from which we make the deliveries.

7.2 The legal relationship between us and our business partners is governed exclusively by German law (to the exclusion of the CISG); the agreement on German law also applies to the fields of precontractual breach of duty as well as breach of contract.

7.3 The sole venue for all disputes shall be the court in charge of such types of matters in whose district our corporate seat lies. This provision applies only if our customer has the legal status of a businessperson, a juridical person under public law or a special fund under public law.