General conditions of sale

Offer and conclusion of contract

The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or send the ordered goods within this period.

Documents provided

We reserve ownership and copyright to all documents – including in electronic form – provided to the customer in connection with the placing of the order, such as calculations, drawings, etc. 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 customer's offer within the period specified in § 1, these documents must be returned to us immediately.

Prices and payment

1. Our prices include sales tax (and packaging costs). Delivery and shipping costs are (not) included in our prices.

2. Payment of the purchase price must be made exclusively to the account specified overleaf.

3. Unless otherwise agreed, the purchase price is to be paid within 10 days of delivery (alternatives: “... the purchase price is payable within 21 days of the invoice” or “... the purchase price is payable by - specific date). "). Interest on late payments will be charged at a rate of 5% above the respective base interest rate pa (see Appendix 1). The assertion of a higher damage caused by default remains reserved. In the event that we claim higher damages due to delay, the purchaser has the opportunity to prove to us that the damages claimed due to delay did not arise at all or at least were significantly lower.

Offsetting and retention rights

The customer only has the right to offset if his claims have been legally established or are undisputed. The customer is also entitled to set off against our claims if he asserts complaints about defects or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

delivery time

1. Unless an expressly binding delivery date has been agreed, our delivery dates or delivery times are exclusively non-binding information.

2. The start of the delivery time specified by us requires the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.

3. The customer can request us in text form to deliver within a reasonable period of time 10 weeks after a non-binding delivery date/delivery period has been exceeded. If we culpably fail to comply with an express delivery date/delivery period or if we are in default for another reason, the purchaser must give us a reasonable grace period to provide the service. If we allow the grace period to elapse without result, the purchaser is entitled to withdraw from the purchase contract.

4. If the purchaser defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for any damage we incur as a result, including any additional expenses. Further claims remain reserved. The purchaser, for his part, reserves the right to prove that no damage occurred at all in the requested amount or that it was at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the point in time at which the purchaser defaults on acceptance or debtor.

5. Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.

Retention of title

1. We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full.

2. The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to adequately insure them against theft, fire and water damage at their new value at his own expense (note: only permitted when selling high-quality goods). If maintenance and inspection work needs to be carried out, the purchaser must carry this out in a timely manner at his own expense. As long as ownership has not yet been transferred, the purchaser must notify us immediately in text form if the delivered item is seized or is subject to other third-party interference. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the purchaser is liable for the loss incurred by us.

3. The processing or transformation of the purchased item by the purchaser is always carried out on behalf of us and on behalf of us. In this case, the purchaser's expectant right to the purchased item continues with the converted item. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing occurs in such a way that the purchaser's item is to be viewed as the main item, it is agreed that the purchaser transfers proportional co-ownership to us and stores the resulting sole ownership or co-ownership for us. To secure our claims against the purchaser, the purchaser also assigns to us those claims that arise against a third party as a result of the connection of the reserved goods with a property; we accept this assignment now.

4. We undertake to release the securities to which we are entitled at the purchaser's request if their value exceeds the claims to be secured by more than 20%.

Warranty and notice of defects

1. Unless we have expressly designated the information contained in our brochures, advertisements and other offer documents as binding, the illustrations or drawings contained therein are only approximately authoritative,

2. If the item delivered does not have the quality agreed between the purchaser and us or it is not suitable for the use stipulated in our contract or for general use or it does not have the properties that the purchaser could expect based on our public statements, we are obliged to supplementary performance. This does not apply if we are entitled to refuse supplementary performance due to legal regulations.

3. The purchaser initially has the choice of whether subsequent performance should take place through repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible with disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the customer. During subsequent performance, the purchaser may not reduce the purchase price or withdraw from the contract. A repair is deemed to have failed if the second attempt is unsuccessful, unless the nature of the item or the defect or other circumstances indicate otherwise. If subsequent performance has failed or we have refused subsequent performance altogether, the purchaser can, at his discretion, request a reduction in the purchase price (reduction) or declare withdrawal from the contract.

4. The customer can only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or we have refused subsequent performance. The purchaser's right to assert further claims for damages under the following conditions remains unaffected.

5. Without prejudice to the above provisions and the following liability limitations, we are liable without restriction for damage to life, body and health that is based on a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage that is covered by liability under the Product Liability Act, as well as for all damages that are based on intentional or grossly negligent breaches of contract as well as fraudulent behavior on the part of our legal representatives or our vicarious agents. To the extent that we have provided a quality and/or durability guarantee with respect to the goods or parts thereof, we are also liable within the scope of this guarantee. However, we are only liable for damage that is due to a lack of guaranteed quality or durability but does not occur directly on the goods if the risk of such damage is clearly covered by the quality and durability guarantee.

6. We are also liable for damages caused by simple negligence to the extent that this negligence concerns the violation of contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable if the damage is typically associated with the contract and foreseeable. We are not liable for simple negligent violations of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 also apply as far as the liability for legal representatives, executive employees and other vicarious agents is concerned.

7. Any further liability is excluded regardless of the legal nature of the asserted claim. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, employees, employees, representatives and vicarious agents.

8. The warranty period is 2 years, calculated from the transfer of risk (note: a reduction to one year in the general terms and conditions is possible for used items. For building materials - if installed - the warranty period is 5 years; if the building materials are used, a reduction to 1 year in the general terms and conditions possible). This deadline also applies to claims for compensation for consequential damage caused by defects, provided that no claims are asserted due to unlawful acts.

Miscellaneous

1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

2. Should individual provisions of this contract be or become ineffective or contain a gap, the remaining provisions remain unaffected.

Annex 1 :

Remarks

Transparency requirement

This requirement means that, in case of doubt, a clause in general terms and conditions is unreasonably disadvantageous even if it is not clear and understandable. This requirement means that non-transparent clauses per se are to be regarded as ineffective, without the addition of an unreasonable disadvantage to the contractual partner in terms of content. This also means that the transparency requirement also applies to price regulations and service-describing clauses, which are generally excluded from content control.

Warranty periods

The warranty period for sales and work contracts is:  2 years. Obligation to report defects

For non-obvious defects, the notice period for defects may not be shorter than two years (for used goods: one year) in the General Terms and Conditions. The start of the period is the start of the statutory limitation period.

Reimbursement of expenses for subsequent performance

In accordance with Section 439 Paragraph 2 of the German Civil Code (BGB), the seller must bear the expenses necessary for the purpose of supplementary performance (e.g. transport, travel, labor and material costs). This obligation may not be excluded by general terms and conditions.

Limitation on subsequent performance

In the case of a defective item, the buyer can, at his discretion, demand the elimination of the defect or the delivery of a defect-free item as supplementary performance. Only if the supplementary performance is not successful, not possible or unreasonable can the buyer – secondarily – assert warranty rights: withdrawal or reduction.  Restrictions solely on supplementary performance are ineffective if the other party to the contract is deprived of the right to a reduction if supplementary performance fails.

Limitations of Liability

Any exclusion or limitation of liability for damages resulting from injury to life, body or health that is based on an intentional or negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user is invalid.

Amount of late payment interest

From the start of the default, the buyer owes the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, either as a buyer or as a seller, the interest rate is 5% above the base interest rate. In the case of purchase contracts between entrepreneurs, the interest rate is:  8% above the base interest rate.

The current base interest rates can be determined at https://www.bundesbank.de/Redaktion/DE/Standardartikel/Bundesbank/Zinssaetze/basiszinssatz.html .