AGB

Terms of delivery and payment

1. scope of supplies or services

The written declarations of both parties shall be decisive for the scope of deliveries or services. If a contract has been concluded without such declarations being available, either the Supplier's written order confirmation or, in the absence of such confirmation, the Purchaser's written order shall be decisive.

2. price and payment

Prices are ex works and are quoted in EURO (for foreign deliveries we reserve the right to choose the currency). The prices are not binding for repeat orders. Value added tax at the applicable statutory rate is added to the prices.
The term of payment, will be adjusted to the respective circumstances. Payments are always to be made to us, not to our representatives. The day on which we can freely dispose of the amount is considered as receipt of payment. In the event of late or deferred payment, the usual bank interest for unsecured credit will be charged for the interim period.

3. delivery time

The period for deliveries or services shall commence on the day on which agreement on the order is reached in writing between the Purchaser and the Supplier. Compliance with the time limit shall be conditional upon the timely receipt of all documents to be supplied by the Purchaser, necessary permits, releases, the timely clarification and approval of plans, compliance with the agreed terms of payment and other obligations.
The time limit for delivery shall be extended appropriately in the event of measures within the scope of industrial disputes, in particular strikes and lock-outs, as well as in the event of the occurrence of unforeseen obstacles which are beyond the Supplier's control, insofar as such obstacles demonstrably have a considerable influence on the completion or delivery of the delivery item. This shall also apply if these circumstances occur at sub-suppliers. The Supplier shall not be responsible for the aforementioned circumstances even if they arise during an already existing delay. In important cases, the Supplier shall inform the Purchaser of the beginning and end of such obstacles as soon as possible.

4 Transfer of risk and acceptance

The risk shall pass to the Purchaser even if carriage paid delivery has been agreed. In the case of delivery without installation or assembly, when the ready-for-use consignment has been brought to dispatch or collected. The packaging is carried out with the best care. Shipment shall be made at the best discretion of the Supplier. At the request and expense of the Purchaser, the shipment shall be insured by the Supplier against breakage, transport and fire damage.
Delivered items shall be accepted by the Purchaser even if they have minor defects; partial deliveries are permissible.

5. retention of title

All goods delivered shall remain our property until all claims we have against the customer have been satisfied. The purchaser may neither pledge the delivery item nor assign it as security. In the event of seizure or confiscation or other dispositions by third parties, he shall notify the Supplier thereof without delay. In the event of a breach of contract by the Purchaser, in particular in the event of default in payment, the Supplier shall be entitled to take back the Retained Goods after issuing a reminder and the Purchaser shall be obliged to surrender the Retained Goods. The termination of the retention of title as well as the seizure of the delivery item by the Supplier shall not be deemed a withdrawal from the contract.

6. liability for defects of the delivery

The Supplier shall be liable for defects in the delivery, which shall also include the absence of expressly warranted characteristics, to the exclusion of further claims as follows.

a) All parts which prove to be unusable or significantly impaired in their usability within 6 months of commissioning shall be repaired or replaced free of charge at the Supplier's reasonable discretion. If shipment, installation or commissioning is delayed through no fault of the Supplier, liability shall expire no later than 12 months after the passing of risk.

b) The purchaser's right to assert claims arising from defects shall become statute-barred in all cases after 6 months from the time of the timely notification of defects, but at the earliest upon expiry of the warranty period.

c) No warranty is given for damage caused by unsuitable or improper use, faulty assembly or commissioning by the customer or third parties and natural wear and tear.

d) The Purchaser shall, after consultation with the Supplier, grant the Supplier the necessary time and opportunity to carry out all repairs and replacement deliveries which appear necessary to the Supplier at its reasonable discretion, otherwise the Supplier shall be released from its liability for defects.

e) Of the direct costs arising from the repair or replacement delivery, the Supplier shall bear the costs of the replacement part including shipping as well as the reasonable costs of dismantling and installation. Otherwise, the Purchaser shall bear the costs.

f) Any improper modification or repair work carried out by the Purchaser or third parties without the prior consent of the Supplier shall void any liability for the resulting consequences.

g) Further claims of the Purchaser, in particular a claim for compensation for damage that has not occurred to the delivery item itself, are excluded to the extent permitted by law.

7. Right of the Purchaser to Withdrawal

The Purchaser may withdraw from the contract if the entire performance becomes finally impossible for the Supplier prior to the passing of risk. The Purchaser shall also have the right to rescind the contract if the Supplier allows a reasonable period of grace granted to it for the repair or replacement delivery in respect of a defect for which it is responsible within the meaning of the terms and conditions of delivery to expire fruitlessly through its own fault. The Purchaser's right of rescission shall also apply in the event of impossibility or inability of the Supplier to repair or replace the defective goods.
To the extent permitted by law, all other further claims of the Purchaser, in particular alsorescission, termination or reduction of the purchase price, as well as claims for damages of any kind whatsoever, including damages not incurred to the delivery item itself, shall be excluded.

8. Supplier's right of rescission

In the event of unforeseen events within the meaning of Section 3 of the Terms and Conditions of Delivery and in the event of subsequent impossibility of performance, the contract shall be adjusted accordingly. If this is not economically justifiable, the Supplier shall be entitled to withdraw from the contract in whole or in part.
The Purchaser shall not be entitled to claim damages on account of such withdrawal. If the Supplier intends to exercise the right to withdraw from the contract, it shall notify the Purchaser thereof without undue delay, even if an extension of the delivery period was initially agreed with the Purchaser.

9. place of jurisdiction

In the event of any disputes arising from the contractual relationship, if the Purchaser is a fully qualified merchant, a legal entity under public law or a special fund under public law, the action shall be brought before the court having jurisdiction for the Supplier's principal place of business or the branch office carrying out the delivery. The Supplier shall also be entitled to bring an action at the Purchaser's principal place of business.

Subsidiary agreements

Subsidiary agreements are only effective if they are confirmed in writing.