1. Scope of Application:
These terms and conditions apply exclusively to our deliveries and services, as well as prices, within the scope of our business relationship with you. Deviating terms and conditions, especially purchasing conditions of our business partners, are only valid if explicitly acknowledged in writing. This also applies if the delivery is carried out unconditionally after the contracting party has objected to the applicability of our terms. Oral agreements made by our representatives and employees, as well as other agreements, especially amendments to these terms and conditions, are only valid if confirmed in writing by us.
2. Prices:
Prices are quoted ex works or warehouse. Calculation is in Euros. The goods travel at the recipient's risk. We are not liable for damages and losses incurred by the goods during transport.
3. Packaging:
Packaging is charged at cost and is not taken back.
4. Delivery Periods:
An obligation to comply with agreed delivery periods is only assumed under the condition of an uninterrupted production process. The consequences of force majeure, especially fire, explosions, floods, strikes, riots, official measures, and other unforeseen circumstances at our company and the suppliers of materials necessary for the production of our goods, release us from the obligation of timely delivery and further entitle us to discontinue further deliveries without compensation and without the obligation to make subsequent deliveries.
5. Retention of Title:
Our deliveries remain our property until full payment of all claims, regardless of the legal basis. Even if the purchase price for specifically designated claims has been paid. In the case of an ongoing account, the reserved ownership is deemed to secure our balance claim. Processing and manufacturing are carried out for us without obligation. If the goods are mixed or combined with other objects, the buyer hereby assigns us their ownership or co-ownership rights to the mixed or new objects. The buyer shall keep these objects with due commercial care. The buyer may only sell our property in the ordinary course of business, but not pledge or transfer it to third parties for security purposes. The claims arising from the sale of our property are hereby assigned to us, including all ancillary agreements. Upon our request, the buyer is obliged to notify the third-party debtor of the assignment for payment to us. We, in turn, are entitled at any time to notify the third-party debtor of the acquisition of the claim. In the event of payment default or payment difficulties by the buyer, we have the right to demand the immediate surrender of the unsold goods and the disclosure of the customers to whom the aforementioned assignment of the purchase price claim relates. For this purpose, the buyer must allow us access to their books and invoices. At the request of the buyer, we are obliged to release the security rights to which we are entitled according to the above provisions to the extent that their value exceeds the claims to be secured by 30%. Any contributions made to setup costs do not nullify our exclusive ownership rights to the facilities.
6. Warranty:
Our products are manufactured using the best raw materials and with the utmost care. We assume warranty for defects arising from manufacturing or material faults within the legally or contractually stipulated period by rectification or replacement delivery at our discretion. Claims for damages, rescission, or reduction are excluded. We do not assume liability for personal accidents, property damage, or operational disruptions arising from errors or defects in our products.
7. Complaints:
Complaints must be reported immediately after receipt of the goods in accordance with § 377 of the German Commercial Code (HGB). Return shipments require our consent before dispatch; returns must also be made free of charge.
8. Deviations:
Deviations from samples or previous deliveries are avoided to the extent technically feasible; significant deviations entitle the buyer to demand rescission or replacement delivery. Claims for damages and other additional claims are excluded. We do not guarantee the specific weights or dimensions. We reserve the right to deviations of up to 10% above or below.
9. Payment Terms:
Payments must be made within 30 days from the invoice date without deduction. A discount of 2% is granted if payment is made within 7 days from the invoice date. In case of exceeding the net due date, a default interest of 1.25% per month will be charged. Prepayments or partial payments are not subject to interest.
10. Payment Methods:
Checks are considered as cash payment if they can be redeemed and credited within the payment deadlines. Post-dated checks will not be accepted as payment. Bills of exchange and checks are credited only after deduction of the corresponding interest and costs incurred by us, subject to the correct receipt. We do not guarantee the correct collection and handling of protests. The provision of own and foreign acceptances, where the usual discount is borne by the submitter, will not be recognized as cash payment. We cannot provide a cash account for such payments. Furthermore, we reserve the right to accept our own or foreign acceptances in any case. If multiple own acceptances with different due dates are accepted, we have the right to demand coverage of all acceptances if one acceptance is returned due to non-payment. The same applies if multiple foreign acceptances of a drawer with different due dates are given to us and, in the event of protest of one acceptance, the debtor does not provide fully valid own or foreign customer documents.
11. Other Agreements:
This contract is governed by the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, is excluded.
Should individual parts of the contract and the above provisions prove to be invalid, the contract and the above provisions remain effective. The invalid provision shall be supplemented to achieve the purpose of the contract.
Place of performance and jurisdiction for both parties is Plön.
As of 10/2002.