Terms and Conditions

§ 1 Scope of application

Sale , delivery and other services only to the following conditions ; contrary to or deviating from our terms and regulations of the buyer , we do not recognize , unless we have expressly agreed to their validity in writing . Our terms and conditions also apply if we carry out deliveries without reservation in the knowledge of contrary or deviating from our terms and conditions of the customer.

§ 2 Offer / Ordering

1. If an order as an offer / order to qualify , so this will be binding on the Purchaser and may be accepted by us within two weeks by written confirmation.

2. As far as the offers / contracts written delivery offers are preceded our part , these are to be considered only for the duration of two weeks as a fixed contract deals.

§ 3 Design changes , Color variations

Slight deviations in dimensions , in the form and color as well as dressing allowed us and do not entitle the buyer to claim. We provide surface colors according to our applicable at the contract date color cards . The buyer is aware that a corresponding difference in the view of the original color is possible. Remain conditional improvements through technical progress reserved.

§ 4 Prices and Payment

1. As far as can be seen from the order confirmation , our prices shall apply ex works , including packaging. The VAT is not included in our net prices , it will be stated in the statutory amount on the invoice in the invoice separately.

2. As far as is apparent from the order confirmation states otherwise are due invoice amounts within 14 days without deduction . Moreover, the statutory rules, the consequences of default in payment (8% above the base rate from 16 days from date of invoice) to apply.

3. Off rights to the buyer only if his counterclaims have been legally established , undisputed or acknowledged by us.

§ 5 Shipping

1. Shipping is at the expense and risk of the purchaser. To ensure the best possible treatment of the goods , we reserve the right to determine its mode and route of the shipment itself . Upon the occurrence of transit damage liability costs may be covered only under the following conditions: The packages are the buyer immediately upon delivery to check for externally flawless condition , with visible damage must be immediately noted on the shipping documents the shipping company.

2. For concealed damages, we and the A delivering freight forwarder must be notified within four days by sending a written damage report . Eventual damaged goods can not be returned to us without our prior consent.

§ 6 Delivery time

1. The start of the delivery period presupposes the clarification of all technical questions.

2. Compliance with our delivery obligation requires the timely and proper fulfillment of the obligations of the buyer. The defense of breach of contract is reserved.

3. In order to retrieve the buyer is obliged no later than two weeks after the confirmed date for acceptance. If the purchaser is in default of acceptance or culpably violates other cooperation obligations, we are entitled to demand compensation for the damages , including any additional expenses.

4. Moreover, it is known to the purchaser that an order on call at least six weeks must be received prior to your desired delivery date at.

5. Failure to comply with the delivery period , the purchaser is only entitled to withdraw if he has set us a reasonable extension and this is elapsed without a delivery has been made . Otherwise we are not liable for any damages caused by delay in principle.

§ 7 Notice of defects / Warranty

1. Warranty claims by the buyer assume that this is his obligation according to § 377 HGB investigation and complaint duly fulfilled in the form of a written notice.

2. If a defect in the item purchased and this was reported to us in time , we are entitled at our discretion to remedy in the form of repair or delivery of a new defect-free . In case of repair, we will pay the expenses up to the amount of the purchase price.

3. If subsequent performance fails , the purchaser is entitled , at its option , to require withdrawal or reduction.

4. In addition, we are not liable for other defects and consequential damages , unless there is intent or gross negligence on our part.

5. The limitation period for warranty claims is 12 months from the passing of risk ( task for shipping).

§ 8 Retention of title

1. We reserve title to the goods until receipt of all payments from the supply . In the breach of contract by the buyer, in particular default in payment, we are entitled to take back the goods. The taking back of the goods by a withdrawal from the contract. We are entitled to sell the goods to sell them , the proceeds of sale to the liability of the customer - after deducting reasonable costs - will be deducted.

2. If third parties attachments or other interventions, the customer must notify us immediately in writing so that we possibly suit acc us . May raise § 771 ZPO. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of a lawsuit. To § 771 ZPO, the purchaser liable for the loss incurred by us.

3. The buyer is entitled to resell the goods in the ordinary course of business. He assigns to us all claims in the amount of the final invoice (including VAT ) of our claim that accrue to him from the resale against his customers or third parties , regardless of whether the goods have been resold without or after processing. To collect this debt , the customer remains even after the assignment authorized . Our authority to collect the claim ourselves remains unaffected.

However, we undertake not to collect the claim as long as the customer meets his payment obligations from the collected proceeds , is not in default of payment and in particular no application to open insolvency or composition proceedings has been made or payments. If this is the case , we can demand that the customer gives us the assigned claims and their debtors , provide all information necessary for collection , hand over the relevant documents and informs the debtors (third parties) of the assignment.

§ 9 Jurisdiction / Place of Performance

Performance is our seat (Walldorf). For all disputes arising from the contract, directly or indirectly arising disputes the court responsible for Walldorf has exclusive jurisdiction.

§ 10 Severability clause

Should one of these provisions be invalid, this shall not affect the validity of the remaining provisions.