Terms of service

1. Scope

1.1. These general terms and conditions (AGB) apply exclusively to entrepreneurs, legal entities under public law and special funds within the meaning of Section 310 (1) BGB (hereinafter: "customer").

1.2. The following terms and conditions apply exclusively for the entire business dismissal with our customers, also to the granting of information or consulting services. If our terms and conditions have been included in the business relationship with our customer, these also apply to all of our future deliveries and services with the customer, unless otherwise agreed in writing.

1.3. Terms and conditions of the customer only apply to these terms and conditions if we acknowledge them in writing; Otherwise you will be rejected. Our silence on different business conditions is neither considered recognition nor approval, not even with future contracts.

1.4. Our general terms and conditions apply instead of any general terms and foremons of the customer even if the customer acceptance is intended as the inclusion of the business or purchasing conditions according to the customer's business or purchasing conditions, or after a reference from the customer to the inclusion of his business - or deliver shopping conditions unless we have gave the customer to the customer's validity. The customer waives the receipt for a legal objection following from his business or purchasing conditions that our terms and conditions are not included in the business relationship by accepting our application for the application or the contractual service.

1.5. If there is talk of claims for damages in these terms and conditions, claims for reimbursement of expenses in accordance with Section 284 of the German Civil Code are also covered.

2. Information, properties of the products and services, co-acting acts of the customer

2.1. Information and information about our products do not represent properties or guarantees.

2.2. The product specifications agreed with the customer finally determine the properties we owed. We do not owe it from this, for example, the properties of the delivery item, for example the suitability for the intended use or other usual properties of such products.

2.3. All information about our products and services (e.g. weighted, dimensions, user values, resilience, tolerances and technical data) as well as the representations of this information in catalo gene, brochures, price lists, drawings and illustrations are only to be regarded as approaching average values, as far as not presupposes the usability for the contractually intended purpose. The information is not guaranteed characteristics. Commercial deviations and deportations that represent technical improvements are permitted if they do not affect the usability for the contractually intended purpose.

2.4. In the absence of a deviating agreement, the customer is obliged to check our products in relation to the suitability of the uses-for the intended use he intended.

2.5. We only take over a guarantee in the legal sense if we have described a certain property or performance success as "expressly guaranteed".

2.6. The customer is obliged to provide us with all the information required for the delivery in good time and completely.

3. Product pattern, cost estimates

3.1. The properties of product patterns only become part of the contract in the event of a written agreement. The customer is not entitled to use or pass on product patterns.

3.2. If the contract is concluded with the customer on the basis of a product pattern, deviations from this are permitted in the supplied product and do not entitle us to claims if the deviations for the intended and usual use of the delivered product are not relevant and any agreed properties are can be observed by the delivered product, unless otherwise agreed.

3.3. We reserve the right to all ownership, brand and copyrights on all product patterns, illustrations, drawings, data, cost estimates and other documents via our products. The customer is obliged not to make product patterns, documents and data provided to him in third parties, unless we give him our express written consent. The customer is obliged to return the product pattern, image gene, drawings and data provided to him at the request to us, unless a mandate based on it is not given to us.

4. The regulations in section 3.3. Apply accordingly to documents, drawings or data from the customer.

However, this change may not deter this to such third parties in the absence of a softening agreement. If this change is not possible or objectively unreasonable for a party, because, for example, due to the necessary change, the product can no longer be used for the customer, or a change with our sources of supply cannot be implemented, both parties are the right to resign from the part of the contract that has not yet been fulfilled.

5.4. If we are in arrears with the delivery, the customer must set us a grace period of at least 14 calendar days, provided that this period is not inappropriate. If this period passes fruitlessly, there are claims for damages due to breach of duty only in accordance with Section 11.

5.5. If the customer is damaged because of our delivery delay, he is entitled to request default damage. For each week of the default, the delayshafs is 0.5% of the net price for the delay in delay, but at most 5% of the net price of the total delivery, which is not delivered by us in good time due to our input or not in accordance with the contract. A further right to replace the customer's default damage is excluded.

This damage limitation does not apply in the event of a intentional, grossly negligent or fraudulent action on our part, in the event of a claim for violation of body, life or health, in the event of a delay in the event of an agreed fixed delivery date in the legal sense and the transfer of a performance guarantee or a procurement risk according to § 276 BGB And with a legally mandatory liability. This damage limitation also does not apply if the contract is violated. “Essential contractual obligations” are those whose fulfillment shape the contract and the customer of which the customer can trust.

5.6. A reversal of the burden of proof is not associated with the above regulations.

6. Self -delivery, force majeure

6.1. For reasons that are not to be represented, we receive a delivery of our supplier itself for the provision of the delivery agreed with the customer, despite the proper and sufficient coverage before the contract is concluded with the customer in accordance with the quality and quantities from our delivery association with our customer, so We will inform our customers in writing or in text form .
In this case, we are entitled to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled if we have complied with our above information obligation and have not taken over the risk of procurement within the meaning of Section 276 of the German Civil Code or a delivery guarantee.

In the event of events of force majeure (or our supplier with regard to the PRO ducts for the customer ordered by that), which have a duration of at least 14 calendar genes, we have the right to push out the delivery for the duration of the disability or can withdraw from the contract in whole or in part because of the part that has not yet been fulfilled if we have complied with our above information obligation and have not taken over the risk of procurement within the meaning of Section 276 of the German Civil Code or a delivery guarantee.

Multural violence can be understood: strike, lockout, hearing-out interventions, energy and raw material shortages, epidemics, Pan demia Unsignaled transport passports or obstacles, concrete bans, non-fault company disabilities, such as fire or water damage, as well as all other Disabilities that we did not culpably lead to if we have not caught up.

6.2. If a delivery date or a delivery period is bindingly agreed and the agreed delivery date or the agreed delivery period is due to events according to section 6.1. Exceeded, the customer is entitled to withdraw from the contract after the fruitless expires of a reasonable grace period due to the part that has not yet been fulfilled. In this case, further claims of the customer, in particular on Scha-deter replacement, are excluded.

6.3. The regulation from section 6.2. also applies accordingly without the contractual association of a fixed delivery date if the customer from the in section 6.1. The reasons described is objectively unreasonable.

7. Shipping, transfer of danger, acceptance

7.1. The delivery takes place in the absence of a different agreement "CPT Incoterms 2020". In the event of a fancy and chic debt, the goods travel at risk and at the expense of the customer.

7.2. In the event of a profit, we make the choice of the means of transport and the transport route due to a lack of deviating agreement at a cheap discretion (§ 315 BGB). If the shipping is delayed on the instructions of the customer or from the customer's fault of the agreed time, we store the goods at the customer's expense and danger. In this case, the display of shipping willing is the same for shipping.

7.3. The risk of random loss or the random deterioration of the goods goes with an agreed holiness with the provision of the to be delivered to the customer, if the shipping lag, the freight leader, or the shipping is otherwise available Certain activities, but at the latest when we leave our warehouse or the manufacturer's work, to the customer, unless a debt debt has been agreed. This also applies in the event of an agreed partial delivery.

7.4. If the dispatch is delayed by a delay in payment, so that we exercise our right of retention, or from any other circumstance to be represented by the customer, the danger will be sent to the customer at the latest from the date of sending the willingness to be sent to the customer.

8. C amplication, breach of duty, liability for defects

8.1. The customer must obviously recognizable material defects immediately, but at the latest 10 working days after collection at delivery from the storage location, in the event of an agreed earnings debt after delivery at the agreed location, hidden material defects immediately after the discovery, but at the latest within the warranty noise period according to section 8.5. to complain to us in writing or in text form.

8.2. A notorious or form-friendly complaint excludes any claim of the customer due to breach of duty due to material defects. This does not apply in the event of intentional, grossly negligent or fraudulent action on our part, if the contract is violated, in the event of a significant contractual obligation, in the event of violation of body, life or health or assumption of a guarantee of freedom of defect, or an acquisition risk according to § 276 BGB or other Legally, the laws of liability, in particular the Product Liability Act and in the event of the right to recourse in the supply chain (§§ 478, 445a BGB).

8.3. Already recognizable material defects (e.g. beset duvets or piece number defects) must be complained to the transport company and the written or textual inclusion of the defects on the shipping papers must be complained about. A not timely inclusion of the notice of defects compared to the transport of transport excludes any claim of the customer due to compulsory defects due to material defects. Section 8.2. applies in this case.

8.4. The customer himself is responsible for checking whether our delivered products are suitable for the purposes he intended.

8.5. For claims from breach of duty due to poor benefits in the form of material defects, the limitation period is 12 months due to the lack of a deviating agreement, calculated from the day of the transfer of danger (section 7.3.), In the event of the customer-related refusal or acceptance refusal from the time point of the deployment notice for the transfer of goods. the, in the case of the earnings, at the agreed delivery location since the day of our attempt at the other.

This does not apply to claims for damages from a guarantee, the transfer of a procurement risk within the meaning of Section 276 of the German Civil Code, claim for violation of body, life or health, fraudulent, intentional, or grossly negligent action in our side, in the event of a violation of an essential contractual obligation , or if in the cases of §§ 478, 445a BGB (recourse in the supply chain), § 438 Paragraph 1 No. 2 (construction of buildings and delivery of things for buildings) and Section 634a (1) No. 2 BGB ( Construction defects) or, as far as a long time, a longer limitation period is mandatory. A reversal of the burden of proof is not associated with the above regulation.

8.6. Further claims of the customer because of or in the amount of proportions with defects or consequential damage, regardless of the reason, only exist within the framework of the provisions of Section 11.

8.7. Our liability for deficiency (claims from breach of duty due to poor performance in the event of material defects) and the resulting liability is excluded, insofar as deficiencies and related damage not demonstrably on faulty material, on faulty construction, or in poor execution, or on faulty manufacturing substances or so far , based on a lack of usage instructions.

In particular, the warranty and the resulting liability due to the breach of duty due to poor performance is excluded for the consequences of incorrect use, unsuitable storage conditions, and the consequences of chemical, electromagnetic, mechanical or electrolytic influences, which are not the one in our product description or a different, agreed pro-duct specification or the product-specific data sheet provided, average standard influences.

This does not apply in the case of intentional, grossly negligent or fraudulent action on our part, if there is a violation of a significant contract, in the event of violation of body, life or health or takeover of a guarantee of the

Freedom of defects, or a risk of procurement according to § 276 BGB or other legally mandatory liability inventory, in particular the Product Liability Act and in the event of the right to recourse in the supply chain (§§ 478, 445a BGB).

8.8. Claims of the customer due to the expenses required for the purpose of the subsequent performance, in particular transport, path, Ar-work and material costs, are excluded, insofar as the recovery increases because the delivery item subsequently increases to a location other than the agreed establishment of the Customers have been spent unless the transfer corresponds to its determined use. Section 439 (3) of the German Civil Code (covering and expansion costs for defective products by the seller) remains unaffected.

8.9. Claims for defects do not exist if there is only insignificant refusal of the agreed or usual nature or usability.

8.10. We do not assume any warranty according to §§ 478, 445a BGB (recourse in the supply chain) if the customer has processed or processed or processed the products provided by us, unless this does not correspond to the contractually agreed purpose of the products.

8.11. The recognition of breaches of duty in the form of Sachmän-Geln always requires an express explanation on our part.

8.12. A reversal of the burden of proof is not connected to the above rule.

9. Prices, terms of payment

9.1. All prices are in euros net exclusively freight, postage, postage and if transport insurance has been agreed, insurance costs, plus sales tax to be borne by the customer in the legally required amount (insofar as afal-lend) from camp plus any country-specific levies on delivery to others Countries as the Federal Republic of Germany, plus customs and other fees and public taxes for delivery.

9.2. In the absence of different agreements, payments can only be provided as bank transfer. Agreed payment periods run from the day of delivery. Incoming payments are first used to repay the costs, then the interest and finally the main research after their age. A conflicting Tiling determination of the customer when paying is irrelevant.

9.3. We are entitled to create partial statements in accordance with the continued step of the contract processing.

9.4. The purchase price is due for the provision of the goods, if there is a shipping debt with the transfer to the carrier and with an agreed delivery debt with delivery of the goods, if nothing else has been agreed if nothing else is agreed.

9.5. With the occurrence of the delay, default interest of 8% is calculated above the European Central Bank's base rate respective basic interest rate. We reserve the right to assert any further damage.

9.6. A right of retention or offset by the customer only obtains for those counterclaims that are not contested, ready for decision-making or legally established, unless the customer's main performance claims.

9.7. A right of retention can only be exercised by the customer to the extent that his counterclaim is based on the same contractual relationship.

9.8. We are entitled to assign all claims from the contractual relationship with the customer to third parties without restriction.

10. Removal of title, attachments

10.1. We reserve the ownership of all of the goods delivered by us (below the "reserved goods") until all of our claims from the business relationship with the customer, including the future claims, from later compensation are met. This also applies to a balance in our favor if individual or all demands are included in an ongoing calculation (cancellation) and the balance is drawn.

10.2. The customer has to insure the goods subject to retention of title, especially against fire and theft. Claims against the versilation from a claim relating to the goods subject to reservation are assigned to us in the amount of the value of the reserved goods. We hereby accept this assignment.

10.3. The customer is entitled to further sell the delivered products in the usual business transactions. The customer is not permitted for any other, especially pledge or the granting of Siche-Runungen property. If the pre-retention goods are not paid immediately by the third party advertiser, the customer is obliged to only sell them with retention of title. The authorization to resell the reserved goods is no longer necessary if the customer hires his payments to us or gets against us.

10.4. The customer pays us all claims including collateral and incidental rights that arise from or in connection with the resale of the reserved goods against the final customer or other third parties. We accept this assignment. In the event of the sale of goods subject to retention of title with other objects, the claim against the third-party customer in the amount of the delivery price agreed between us and the customer is assigned if the customer does not determine the cheating from the customer's invoice to the third-party customer .

10.5. The customer remains entitled to include the claims assigned to us until our revocation at any time. At our request, he is obliged to provide us with the information and documents necessary for the collection and to inform our customers immediately from the removal of us.

10.6. In the event of a contractual acting contrary to the customer, in particular in the event of a delay in payment, we are entitled to withdraw from the contract for the withdrawal of all reserved goods. In this case, the customer is obliged to surrender the goods subject to retention. To determine the inventory of the goods delivered by us, we can enter the customer's business premises at any time during the usual business hours. In the withdrawal of the reserved goods, a withdrawal from the contract is only if we declare the withdrawal in writing or provide compelling legal provisions. The customer must immediately inform us in writing of all of third parties to the goods subject to retention of subject or assigned to us.

10.7. If the value of the securities that existed for us according to Section 10.

10.8. If the goods subject to retention of title are processed with other objects that are not belonging to us or inseparable, we acquire co-ownership of the new item in the ratio of the net invoice amount of our goods to the net invoice amounts of the other processed or connected items. If our goods are connected to other movable objects to a uniform thing, which is the main thing to be regarded, the customer already transfers the co -ownership of this in the same relationship. The customer keeps ownership or fellow geneism free of charge for us. The resulting participation rights are considered to be a reserved goods. At our request, the customer is always obliged to provide us with the information required to pursue our own or co-ownership rights.

10.9. In the event of attachments or other interventions by third parties, the customer must notify us in writing immediately so that we can file a lawsuit in accordance with § 771 ZPO. Insofar as the third party is unable to reimburse us to the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the customer is liable for the failure of us.

11. Liability exclusion, liability limitation

11.1. Subject to the following exceptions, we are not liable for claims by the customer for compensation or reimbursement of expenses - regardless of the legal reason - if there is a violation of obligations from the contractual relationship.

11.2. The above disclaimer in accordance with Section 11.1. does not apply if legally mandatory, as well as:
-for your own fraudulent, intentional or grossly negligent mandatory survival or fraudulent, intentional or grossly negligent breach of compulsory violation of legal representatives or vicarious agents;
- for the violation of essential contractual obligations; "Wesentli-che contractual obligations" in the sense of these terms and conditions are those whose ERFFOLLESTICHED the contract and which the customer can trust in compliance with;
- in the event of violation of body, life and health also by legal representatives or vicarious agents;
- in the event of delay, insofar as a fixed delivery time was agreed;
- insofar as we have taken over the guarantee of the nature of our goods or the presence of a success of a service, or a risk of procurement within the meaning of Section 276 of the German Civil Code;
- in the event of liability in accordance with the Product Liability Act or other legally mandatory liability inventory.

11.3. In the event that we or our vicarious agents only apply slight negligence and no case for the above number

11.2., There is 4, 5 and 6 indentations there, we are also liable for the contractual and predictable damage when it comes to the veretization of essential contractual obligations.

11.4. According to the amount, our liability is limited for each individual damage case to a maximum liability amount of EUR 100 (euros one hundred). This does not apply if we are burdened by the fragment, intent or gross negligence, if there is a violation of a essential contractual obligation and for claims due to the violation of body, life or health as well as in the event of a claim that is on a tortic act or an express being taken over -Menen guarantee or the transfer of a procurement risk in accordance with § 276 BGB or in cases of legally compelling deviating higher liability amounts. Further liability is excluded.

11.5. The exclusion of liability or restrictions in accordance with the above number 11.1. until 11.4. and number 11.6. Apply to the same extent in favor of our organs, our leaders and non-unique employees and other vicarious agents as well as our subcontractors.

11.6. Claims of the customer for compensation from the contractual relationship with us can only be asserted within a final period of one year from the statutory statute of limitations. This does not apply if intent or gross negligence is burdened, if there is a violation of an essential contractual obligation and for claims due to the violation of body, life or health, as well as in the event of a claim that is on a tortic act or an express guarantee or the Assumption of a procurement risk according to § 276 BGB, or in the event that a longer limitation period applies by law.

11.7. A reversal of the burden of proof is not connected to the above rule.

12. Place of performance, place of jurisdiction, applicable law

12.1. The place of performance for all contractual obligations is the seat of our society with the exception of the case of taking over a debt or other agreement.

12.2. The exclusive place of jurisdiction for all disputes is - as far as the customer is a businessman within the meaning of the Commercial Code - the seat of our society. However, we are also entitled to sue the customer at his general place of jurisdiction.

12.3. For all legal relationships between the customer and us, the law of the Federal Republic of Germany applies exclusively to the conclusion of the UN sales law (CISG).

13. Incoterms, written form, Salvatorial clause

13.1. Insofar as trade clauses are agreed according to the International Commercial Terms (Incoterms), the Incoterms 2020 apply.

13.2. All agreements, side agreements, assurances and changes in the contract require the written form. This also applies to the dismissal of that of the written form.

13.3. If a determination of the contract concluded with us is or will be or will be ineffective or not feasible for reasons of the law of the general terms and conditions according to §§ 305 to 310 BGB, the legal regulations apply.

If a current or future determination of the contract for other reasons than the provisions regarding the law of the general terms and conditions according to §§ 305 to 310 BGB are or becomes ineffective/void or not feasible, this will be the validity of the other provisions of this contract Unless the implementation of the contract - also taking into account the subsequent rule gen - would not be affected for a party. The same applies if there is a gap in need of supplementation after the conclusion of the contract. BGB overall.

The parties will replace the ineffective or void or unenforceable provision or gap in need of filling with an effective determination, which in their legal and economic content of the ineffective or, null or unenforceable, corresponds to the overall purpose of the contract. Section 139 of the German Civil Code (partial nullity) is expressly excluded. If the voidness of a provision is based on a level of service or time (deadline or appointment) specified in it, the determination with a legally permissible measure that comes up with the original level is to be agreed.

14. Data protection information

For the purpose of initiating and carrying out the contract, we collect and store personal data of the customer.
The data collection and data processing is necessary for the implementation of the contract and is based on Art. 6 Para. 1 S. 1 b) GDPR. The data is transmitted exclusively to commissioned service providers as part of the contract processing. The data will be deleted as soon as it is for the

The customer is entitled to request information from the data stored by us and to request the correction or deletion of the data if the data is incorrectness or in the case of inadmissible data storage. In addition, the customer has the right to data portability and a right to complain to the supervisory authority for us.