These sales conditions apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) BGB. Conditions of the customer that contradict or deviate from our conditions of sale will only be recognized if we expressly agree to their validity in writing. These conditions of sale also apply to all future business with the customer, insofar as they are legal transactions of a related nature (as a precaution, the conditions of sale should always be attached to the order confirmation) Individual agreements made with the buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these conditions of sale. A written contract or our written confirmation is decisive for the content of such agreements, subject to proof to the contrary.
§ 2 Offer and conclusion of contract
If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.
§ 3 Documents provided
All documents provided to the customer in connection with the placing of the order - also in electronic form - such as B. calculations, drawings, etc., we reserve property rights and copyrights. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the offer of the customer within the period of § 2, these documents must be returned to us immediately.
§ 4 prices and payment
Unless otherwise agreed in writing, our prices apply ex works excluding packaging and plus VAT at the currently applicable rate. Packaging costs will be charged seperately. Payment of the purchase price has to be made exclusively to the account mentioned overleaf. The deduction of a discount is only permitted with a special written agreement. Unless otherwise agreed, the purchase price must be paid within 14 days of delivery. Interest on arrears is charged at 8% above the respective base rate p.a. The assertion of a higher damage caused by default remains reserved. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries made 3 months or later after the conclusion of the contract.
§ 5 Right of Retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 6 delivery time
The start of the delivery time specified by us presupposes the timely and proper fulfillment of the purchaser's obligations. The exception of the unfulfilled contract remains reserved. If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment. In the event of a delay in delivery caused by us not intentionally or through gross negligence, we are liable for each full week of delay within the framework of a flat-rate compensation for delay of 3% of the delivery value, but not more than 15% of the delivery value. Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
§ 7 Transfer of risk upon dispatch
If the goods are sent to the purchaser at the request of the purchaser, the risk of accidental loss or accidental deterioration of the goods is transferred to the purchaser when they are sent to the purchaser, at the latest when they leave the factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.
§ 8 retention of title
We reserve title to the delivered item until all claims from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to them. We are entitled to take back the purchased item if the customer behaves contrary to the contract. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet passed, the customer must notify us immediately in writing if the delivered item is attached or other third party interventions
Tel.: +49 03 737378 78357
04109 Leipzig, Germany Klostergasse 5
80331 Munich, Germany
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