1. general – scope of application
2. Offer – Offer documents
3. Prices – Terms of payment
4. Delivery time
5. Transfer of risk – Shipping costs
6. Liability for defects
7. Liability for damages
8. Retention of title
9. Form of declarations
10. Place of jurisdiction – place of performance

General Terms and Conditions of Sale

§ 1 General – Scope of application
(1) Our Terms and Conditions of Sale shall apply exclusively; we do not recognize any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale
unless we have expressly agreed to their validity in writing. Our
Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our Terms and Conditions of Sale
.
(2) All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this
contract.
(3) Our Terms and Conditions of Sale shall apply both to consumers and to entrepreneurs within the meaning of Section 310 (1)
BGB, unless a differentiation is made in the respective clause.

§ 2 Offer – Offer documents
(1) The customer’s order constitutes a binding offer, which we accept within two weeks by sending an
order confirmation or by delivery. Offers submitted by us before this time are non-binding.
(2) We reserve the right of ownership and copyright to illustrations, drawings, calculations and other documents.
This also applies to written documents that are designated as “confidential”. Before passing them on to third parties,
the customer requires our express written consent.

§ 3 Prices – Terms of Payment
(1) Unless otherwise stated in the order confirmation, our prices are ex our registered office, excluding
shipping. This will be invoiced separately.
(2) The statutory value added tax is included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing
. Deliveries in other European countries are made without VAT if the
partner in the third country participates in the VAT system
(3) The deduction of a discount requires a special written agreement.
(4) Unless otherwise stated in the order confirmation, the purchase price (gross) is due for payment immediately without deduction. The statutory regulations concerning the consequences of default of payment shall apply.
.
(5) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by
us. In addition, he is authorized to exercise a right of retention insofar as his counterclaim is based on
the same contractual relationship.

§ 4 Delivery time
(1) The beginning of the delivery time stated by us presupposes the clarification of all technical questions.
(2) Compliance with our delivery obligation further presupposes the timely and proper fulfillment of the obligation of the
customer. The defense of non-performance of the contract remains reserved.
(3) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damages incurred by us
in this respect, including any additional expenses. Further claims
or rights remain reserved.
(4) If the conditions of paragraph (3) are met, the risk of accidental loss or accidental deterioration
of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay
.
(5) If delivery deadlines have been specified by us and made the basis for placing the order, such deadlines
shall be extended in the event of strikes and cases of force majeure for the duration of the delay.
(6) If the customer is an entrepreneur, we shall be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible
; any fault on the part of our representatives or vicarious agents
shall be attributed to us. If the delay in delivery is due to a grossly negligent breach of contract for which we are responsible,
our liability for damages shall be limited to the foreseeable, typically occurring damage.
7) We shall also be liable to entrepreneurs in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible
is based on the culpable breach of a material contractual obligation; in this case, however, our liability for damages
shall be limited to the foreseeable, typically occurring damage.

§ 5 Transfer of risk – shipping costs
(1) Unless otherwise stated in the order confirmation, delivery is agreed “ex our place of business”.
(2) If the customer so wishes, we will cover the delivery with transport insurance; the customer shall bear the costs incurred in this respect
.

§ 6 Liability for defects
(1) If the customer is a consumer, we shall be liable in the event of a defect in accordance with the statutory provisions, insofar as no restrictions result from the following
. The consumer must notify us in writing of obvious defects within
two weeks of the defect occurring. If the notification is not made within the aforementioned period,
the warranty rights shall lapse. This does not apply if we have fraudulently concealed the defect or have assumed a guarantee for the
quality of the item.
(2) If the customer is an entrepreneur, we reserve the right to choose the type of subsequent performance in the event of a defect.
(3) If the customer is a consumer, the limitation period for claims for defects is two years for the delivery of new items and one year for
the delivery of used items. The period begins with the transfer of risk. This does not apply to claims for damages
due to defects. For claims for damages due to a defect, § 7 applies.
(4) If the customer is an entrepreneur, the warranty period is always one year. The limitation period in the case of a delivery recourse
according to §§ 478, 479 BGB remains unaffected, this does not apply insofar as it concerns claims for damages due to defects.
For claims for damages due to a defect, § 7 applies.
(5) The customer does not receive any guarantees in the legal sense from us.

§ 7 Liability for damages
(1) Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This
does not apply to injury to life, body and health of the customer, claims due to the breach of cardinal obligations,
i.e. obligations arising from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract
, as well as compensation for damages caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of fault.
(2) The aforementioned exclusion of liability shall also apply to slightly negligent breaches of duty by our vicarious agents.
(3) Insofar as liability for damages that are not based on injury to the life, body or health of the customer is not excluded for
slight negligence, such claims shall become statute-barred within one year from the date on which the claim arises
or in the case of claims for damages due to a defect, from the handover of the item.
(4) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal
liability for damages of our employees, workers, staff, representatives and vicarious agents.

§ 8 Retention of title
(1) In the case of contracts with consumers, we reserve title to the object of purchase until the purchase price
has been paid in full. If the customer is an entrepreneur, we reserve title to the goods until all claims
against the entrepreneur have been settled, even if the specific goods have already been paid for.
(2) If the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased item.
Our taking back of the purchased item shall constitute a withdrawal from the contract. After taking back the purchased item, we are authorized to
sell it; the proceeds from the sale shall be offset against the customer’s liabilities – less reasonable
selling costs.
(3) If the customer is an entrepreneur, he is obliged to treat the purchased item with care; in particular, he is obliged to insure it adequately at
his own expense against fire, water and theft damage at replacement value. If maintenance and
inspection work is required, the customer must carry this out in good time at his own expense.
(4) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing if he is an entrepreneur,
so that we can take legal action in accordance with § 771 ZPO. If the third party is not in a position to reimburse us for the court
and out-of-court costs of an action pursuant to Section 771 ZPO, the customer shall be liable for the loss incurred by us.

(5) If the customer is an entrepreneur, he shall be entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to us
all claims in the amount of the final invoice amount (including VAT) of our claim which accrue to him from
the resale against his customers or third parties, irrespective of whether the purchased item has been resold without or
after processing. The customer shall remain authorized to collect this claim even after the assignment.
Our authority to collect the claim ourselves shall remain unaffected by this.
However, we undertake not to collect the claim
as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed and
payments have not been suspended. If this is the case, however, we may demand that the customer informs us of the assigned claims
and their debtors, provides all information necessary for collection, hands over the relevant documents
and informs the debtors (third parties) of the assignment.
(6) The processing or transformation of the object of sale by the customer, if he is an entrepreneur, shall always be carried out for us.
If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the
new object in the ratio of the value of the object of sale (final invoice amount) to the other processed objects at the time
of processing. In all other respects, the same shall apply to the item created by processing as to the
purchased item delivered under reservation of title.
(7) If the customer is an entrepreneur and the purchased item is inseparably mixed with other items not belonging to us,
we shall acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount) to the
other mixed items at the time of mixing. If the mixing takes place in such a way that the item
of the customer, as an entrepreneur, is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership
to us on a pro rata basis. The customer shall keep the resulting sole ownership or co-ownership for us.
(8) We undertake to release the securities to which we are entitled at the request of the customer, if the customer is an entrepreneur,
insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection
of the securities to be released shall be incumbent on us.

§ 9 Form of declarations
Legally relevant declarations and notifications that the customer must make to us or a third party must be made in writing.

§ 10 Place of jurisdiction – place of performance
(1) Unless otherwise stated in the contract, the place of performance and payment shall be our registered office. The statutory provisions
on the places of jurisdiction shall remain unaffected, unless otherwise stipulated in the special provision of paragraph 3
.
(2) This contract shall be governed by the law of the Federal Republic of Germany; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law
is the court responsible for our registered office.
(4) Unless otherwise stated in the order confirmation, our registered office is the place of performance.
Status:
30.11.2024