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General Terms and Conditions of Sale (GTC)

§ 1 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 by sending the ordered goods within this period.

§ 2 Documents provided
We reserve the right of ownership and copyright to all documents provided to the customer in connection with 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 Section 1, these documents must be returned to us immediately.

§ 3 Prices and payment

  • (1) Payment of the purchase price must be made exclusively to the account specified overleaf. Deduction of a cash discount is only permitted if specifically agreed in writing.

  • (2) Unless otherwise agreed, the purchase price is to be paid within 30 days of delivery. Interest on arrears will be charged at a rate of 5% above the respective base interest rate. We reserve the right to claim higher damages for delay. In the event that we claim higher damages for delay, the customer has the opportunity to prove to us that the damages claimed for delay did not occur at all or were at least significantly lower.

§ 4 Set-off and retention rights
The customer is only entitled to set off if his counterclaims have been legally established or are undisputed. The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 5 Delivery time

  • (1) The start of the delivery period specified by us requires the timely and proper fulfillment of the customer's obligations. The right to object to non-fulfillment of the contract remains reserved.

  • (2) If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage caused to us as a result, including any additional expenses. Further claims remain reserved. The customer reserves the right to prove that no damage of the amount claimed has occurred at all or that the damage is at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time at which the customer defaults on acceptance or payment.

§ 6 Retention of title

  • (1) We reserve title to the delivered goods 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 insure it at his own expense against theft, fire and water damage to the replacement value. If maintenance and inspection work must 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 writing if the delivered item is seized or subject to other interventions by third parties. If the third party is not in a position to reimburse us for the legal and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the purchaser is liable for the loss incurred by us.

  • (3) The processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the customer's expectant right to the purchased item continues to apply to the transformed item. If the purchased item is processed with other items that do not belong to us, we acquire joint ownership of the new item in proportion to 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 takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate joint ownership to us and keeps the sole ownership or joint ownership thus created for us. To secure our claims against the customer, the customer also assigns to us any claims that arise against a third party as a result of the combination of the reserved goods with real estate; we hereby accept this assignment.

  • (4) We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.

§ 7 Warranty and notification of defects

  • (1) Obvious defects must be notified to us in writing by the buyer within three days of delivery of the contractual item.

  • (2) The customer initially has the choice of whether the subsequent performance should be carried out by repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or withdrawal from the contract by the customer is excluded. A subsequent performance is deemed to have failed with the second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. If the subsequent performance has failed or we have refused the subsequent performance altogether, the customer can, at his discretion, demand a reduction in the purchase price (reduction) or declare withdrawal from the contract.

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

  • (4) Without prejudice to the above provisions and the following limitations of liability, we are liable without limitation 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 damage that is based on intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a guarantee of quality and/or durability with regard to the goods or parts thereof, we are also liable within the scope of this guarantee. However, we are only liable for damages that are based on the lack of the guaranteed quality or durability but do not occur directly in the goods if the risk of such damage is clearly covered by the quality and durability guarantee.

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

  • (6) 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, workers, staff, representatives and vicarious agents.

  • (7) The warranty period is 1 year, calculated from the transfer of risk. This period also applies to claims for compensation for consequential damages, provided that no claims based on tort are asserted.

§ 8 Miscellaneous

  • (1) This contract and the entire legal relationship between the parties shall be governed by the laws 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 Agreement be or become invalid or contain a gap, the remaining provisions shall remain unaffected.

§ 9 Inquiry and conclusion of contract for product inquiries

  • (1) The inquiry via our inquiry shop is non-binding and does not constitute a legally binding offer. The customer thereby merely declares his interest in an individual offer.

  • (2) After receiving the request, we will check it and send the customer an individual and non-binding offer by email. A legally binding contract is only concluded when the customer expressly accepts this offer.

  • (3) The customer can accept the offer within the specified period in writing or in text form (e.g. by email). If no acceptance is made within the period, the offer is deemed to have been rejected.

  • (4) We reserve the right to reject requests without giving reasons. There is no obligation to make an offer for every request.

§ 10 Prices and payment in the product designer inquiry process

  • (1) The prices and payment conditions are specified in the individual offer.

  • (2) All prices quoted include VAT, unless otherwise stated.

  • (3) Payment shall be made exclusively to the account specified in the offer.

§ 7 Delivery conditions in the product designer inquiry process

  • (1) The delivery time and shipping costs are determined individually in the offer.

  • (2) Delivery will take place after receipt of full payment, unless otherwise agreed.

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