Terms & Conditions
§ 1 General scope
1. The present terms and conditions of trade are valid for all present and future business dealings.
2. General terms and conditions that deviate, conflict with or expand upon them are not, even if they are known, a part of the contract, unless their validity is expressly agreed to in writing. Users as defined for these terms and conditions are natural persons with whom buslness dealings are entered into, without a commercial or independent professional activity being able tobe attributed to them. Entrepreneurs as defined for these terms and conditions are natural persons or legal entities or partnerships with legal capacity with which business dealings are entered into, which are acting in execution of a commercial or independent professional activity.
Customers as defined in these terms and conditions are both users and entrepreneurs.
§ 2 Conclusion of the contract
1.Our offers are previsional. Drawings, illustrations, measurements, weights, specifications, possible applications or other performance data are binding only when they have been expressly agreed to in writing. In all other cases only our specifications and the properties and areas of applications expressly promised by us are decisive. We reserve the right to make technical changes in form, colour and/or weight within reason. 2.With the order of an article the customer makes a binding commitment that it wants to purchase
the article ordered. We have the right to accept the contractual offer within the order within two weeks. The acceptance can be declared either in writing, orally or by supplying the article to the customer.
3. The conclusion of the contract occurs subject to the correct and punctual self-supply by our suppliers. This is the case only in the event that we are not responsible for the non-supply, in particular with a competitive covering transaction with our supplier. The customer will be immediately informed in the event the service is not available. Any consideration already granted will be immedlately refunded.
4. lf the user orders the article using electrenic means, we will immediately confirm that the order
has been entered. The confirmation of order entry does not yet represent a binding acceptance of the order. The entry of the confirmation of order can be linked with the statement of acceptance.
5. lnsofar as the user orders the article electronically, the text of the contract will be stored with us and then sent by e-mail at the customer's request, in addition to the present terms and conditions.
§ 3 Reservation of title
1. ln respect of contracts with users, we will retain the title to the article until the purchase price is paid in full.
2. ln respect of contracts with entrepreneurs we will retain the title to the article until complete settlement of all claims from current business dealings.
3. The customer is obligated to handle the artlcle with care. lnsofar as maintenance and inspection work is required, the customer must regularly carry these out at its own expense.
4. The customer is obligated to give notice immediately of access of third parties to the article, for example in the event of seizure, as weil as any damage or the destruction
of the article. The customer must immediately notify us of a change in ownership of the unpaid article as well as of its own change of residence.
5. We have the right, in the event of behaviour in breach of the contract by the customer, in particular delay in payment, or a violation of a duty according to clauses 3 and 4 of these terms, to withdraw frem the contract and to demand the return of the article.
6. The entrepreneur has the right to dispose of the article in a regular business. lt now transfers to us all claims in the amount of the invoice that have arisen for it threugh the transfer an to a third
party. We hereby accept the transfer. After the transfer the entrepreneur is authorized to collect the claims. We reserve the right to collect an the claims ourselves as soon
as the entrepreneur does not fulfi1 its payment obligations in an orderly fashion and falls into arrears an the payments.
7. The precessing and finishing of the artlcle by the entrepreneur shall always occur in our name
and an our behalf. lf finishing occurs with objects not belonging to us, we obtain co-ownership of
the new object according to the ratio of the value of the article supplied by us to the other objects finished. The same is the case if the article is mixed with other objects not belonging to us.
§ 4 Reimbursement
1. The purchase price offered is binding. The legal turnover tax is not included in the purchase price. With a purchase to be shipped the purchase price is understood as not including a lump sum for postage, whose amount is determined individually.
2. The customer undertakes to pay the purchase price after obtaining the article within the agreed time period. After this period runs out the customer is in arrears. The user must pay interest an the debt of 5% over the basic interest rate during the delay in payment.
The entrepreneur must pay interest an the debt of 8% over the basic interest rate during the delay in payment. In respect of the entrepreneur we reserve the right to preve and assert higher damages due to the delay .
3. The customer has a right to contest only if its counterclaims are determined tobe final (in the legal meaning) or are acknowledged by us. The customer can exercise a right
of retention only if its counterclaim rests an the same contractual relationship.
§ 5 Passing on of risk
1. lf the customer is an entrepreneur, with a shipped purchase the danger of the accidental destruction or the accidental deterioration of the article is transferred to the customer with the transfer, with the handing over of the object to the shipper, the carrier or the person or institution otherwise designated to carry out the shipment.
2. lf the buyer is the user, the danger of the accidental destruction or the accidental deterioration of the object purchased is transferred to the purchaser only when the object is handed over.
3. lt is the same for the transfer if the purchaser is delayed in acceptance.
§ 6 Warranty
1. For defects in the article a repair or a replacement shipment will be made first, at our choice.
2. lf the replacement fails, the customer can in principle demand, at its discretion, a lowering of the reimbursement (reduction) or a cancellation of the contract (withdrawal). With a violation of the contract that is only minor, in particular with trivial defects, the customer does not have any right to cancellation, however. We can refuse the repair
or also the replacement insofar as it can only be done with unusually high costs or is an unreasonable expense. The claim of the customer is then limited to the supplying of a replacement. The defective part then must be sent back to us beforehand without a stamp.
3. lf the customer is the user, then it first has the choice of whether the replacement should occur threugh a repair or a replacement delivery. We have the right, however, to refuse the type of replacement chosen if is possible only with unusually high costs
and the other type of replacement remains without significant disadvantages for the user.
4. Entrepreneurs must notify us in writing of obvious defects immediately after receipt
of the article; otherwise the assertion of the warranty claim is excluded. Reception at our site is sufficient for setting the time period. The full burden of preof for all the claim prerequisites, especially for the defect itself, is an the entrepreneur, for the time of the determination of the defect and for the premptness of the complaint. Users must notify us within a time period of two months after the time at which the condition of the article was determined tobe in breach of the contract, about obvious defects in writing. For
the maintenance of the time period the time the report arrives in our offices is decisive. lf the user fails to make this report, the warranty rights expire two months after its determination of the defect. This is not the case with deceit an the part of the seller.
The burden of preof for the time of the determination of the defect is an the user. lf the user was persuaded to the purchase of the object by incorrect manufacturer's statements, the burden of preof for its purchase decision falls an it. For used goods the burden of preof for the defectiveness of the object falls an the user.
5. lf the customer chooses to withdraw frem the contract after a failed replacement, it does not have the right to any claim for damages because of the defect. lf after a failed replacement the customer chooses compensation, the article remains with the customer, if this can reasonably be expected. The damages are limited to the difference between the purchase price and the value of the defective object. This is not the case when we have caused the contract violation deceitfully.
6. For entrepreneurs the warranty period amounts to one year as from delivery of the article. For users the limitation amounts to two years as frem delivery of the article. For used objects the limitation amounts to one year as frem delivery of the article. This is not valid if the customer has not promptly notified us of the defect.
7. lf the purchaser is an entrepreneur, in principle only the manufacturer's product description as agreed applies as composition of the article. The manufacturer's statements, praise of its virtues or advertisements da not represent any composition of the article as stipulated in the control.
8. lf the customer receives a defective set of instructions for assembly we are obligated to supply assembly instructions free of defects only if the defect in the assembly instructions stands in the way of assembly in accordance with regulations.
9. The customer does not receive guarantees in the legal sense through us. Manufacturer's Warranties remain unaffected by this.
§ 7 Right of cancellation and return
1. The user has the right to give back the article within two weeks after reception. Since the right of return can be exercised only by sending back the package, or if the article cannot be sent as a package, by a request to take it back; sending it back in a timely fashion is sufficient for keeping to the deadline.
2. With an order value of up to 40.00 eures, the user bears the costs for sending the article back when exercising the right of return, unless the article supplied does not correspond to the article ordered. With an order value over 40.00 eures the user does not have to bear the costs of the return.
3. The user must pay compensation for value for a deterioration of the article that arises threugh putting it into use in accordance with the requirements. The user may examine he article carefully and meticulously. The lass in value through use going beyond purely testing it that leads to a situation where the article can no langer be sold as "new" must be borne by the user.
§ 8 Limitation of liability
1. With slightly negligent breaches of duty our liability is limited according to the nature of the article to foreseeable, direct average damages typical of the contract. This is the
case as weil with slightly negligent breaches of duty by our legal representatives or agents. In respect of entrepreneurs we da not have any liability for slightly negligent breaches of unimportant contractual duties.
2. The limitations of liability above da not affect the claims of customers from preduct liability. Furthermore, the limitations an liability are not valid with bodily injuries, damage to health or lass of life of the customer that can be ascribed to us.
3. Damage compensation claims of the customer because of a defect run out after one year from the delivery of the article. This is not valid if we can be reproached with flagrant guilt or in the event of the lass of life of the customer.
§ 9 Concluding clause
1. The law of the Federal Republic of Germany has jurisdiction. The regulations of the UN Sales Convention do not apply.
2. lf the customer is a merchant, legal entity under public law or a Special Fund under public law, the exclusive place of jurisdiction for all disputes arising frem this contract is our place of business. This is also the case if the customer does not have any general place of jurisdiction in Germany, or the residence or usual place to stay are not know at the time of the institution of legal preceedings.
3. Should individual clauses of the contract with the customer including these General Terms and Conditions be or become ineffective in whole or in part, the validity of the remaining clauses shall not be affected by this. The completely or partially ineffective regu1ation shall be replaced by a regulation whose economic success comes as close as possible to that of the ineffective clause.