§ 1 Scope
 
1.  These  conditions  of  sale  apply  exclusively  to  entrepreneurs,  legal  persons  under  public  law  or
special funds under public law within the meaning of § 310 (1) BGB. Conflicting or differing from
terms and conditions of the customer from ours, we only accept if we expressly agree in writing to
the validity.
 
2.  These conditions of sale also apply to all future transactions with the purchaser, as far as legal
transactions of a related nature are concerned.
 
 
§ 2 Offer and conclusion of contract
 
If an order is to be regarded as an offer according to § 145 BGB, we can accept it within two weeks.
§ 3 Provided documents
 
At  all  in  connection  with  the  placing  of  order  to  the  orderer  given  documents,  such  for  example,
calculations, drawings, etc., we reserve ownership and copyrights. These documents may not be made
accessible to third parties, unless we give the orderer our express written consent. As far as we do not
accept  the  offer  of  the  orderer  within  the  term  of §  2,  these  documents  are  to  be returned  to  us
immediately.
§ 4 Prices and payment
 
1.  Unless otherwise agreed in writing, our prices are ex works excluding packaging and plus value
added tax in the respective valid amount. Packaging costs will be charged seperately.
 
2.  Payment of the purchase price must be made exclusively to the account below. The deduction of
cash discount is only permitted with a written special agreement.
 
3.  Unless  otherwise  agreed,  the  purchase  price  must  be  paid  within  10  days  of  delivery.  Default
interest of 9% above the respective base interest rate p.a. and a lump sum of 40,00 €. The assertion
of a higher damage caused by default remains reserved.
 
4.  Unless a fixed price agreement has been made, reasonable price changes remain due to changes
in labor, material and distribution costs for deliveries made 3 months or later after the conclusion 
 
 
§ 5 Rights of retention
 
 The purchaser is only authorized to enforce a right of retention to the extent that his counterclaim is
based on the same contractual relationship.
 
 
§ 6 Delivery time
 
1.  The beginning of the delivery time specified by us requires the timely and proper fulfillment of the
obligations of the customer. The exception of the unfulfilled contract remains reserved.
 
2.  If the purchaser is in default of acceptance or culpably violates other obligations to cooperate, we
shall be entitled to demand compensation for the damage incurred in this respect, including any
additional  expenses.  Further  claims  are  reserved.  If  the  above  conditions  are  met,  the  risk  of
accidental loss or accidental deterioration of the purchased item shall pass to the customer at the
time when the latter is in default of acceptance or payment.
 
3.  Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.
 
 
§ 7 Transfer of risk upon shipment
 
If the goods are despatched to the purchaser at the request of the purchaser, the risk of accidental loss
or accidental deterioration of the goods shall pass to the purchaser upon dispatch to the purchaser, at
the latest when leaving the factory / warehouse. This applies regardless of whether the shipment of
goods from the place of performance or who bears the freight costs.
§ 8 Retention of title 
 
1.  We reserve the ownership of the delivered goods until full payment of all claims from the delivery
contract. This also applies to all future deliveries, even if we do not always expressly refer to them.
We are entitled to take back the purchased item if the customer behaves contrary to the contract.
 
2.  The purchaser is obliged, as long as the property has not been transferred to him, to handle the
purchased  goods  with  care.  In  particular,  he  is  obliged  to  adequately  insure  these  at  his  own
expense against theft, fire and water damage as new value (note: only permissible for the sale of
high-quality goods). If maintenance and inspection work has to be carried out, the customer has to
carry it out on time at his own expense. As long as the ownership has not yet been transferred, the
purchaser must notify us immediately in writing if the delivered object is seized or subjected to
other interventions by third parties. Insofar as the third party is not in a position to reimburse us
for the court and out-of-court costs of a claim in accordance with § 771 ZPO, the customer is liable
for the loss incurred by us.  
 
3.  The  purchaser  is  entitled  to  resell  the  reserved  goods  in  the  normal  course  of  business.  The
customer already assigns to us the claims against the customer from the resale of the reserved
goods in the amount of the final invoice amount agreed with us (including value added tax). This
assignment  applies  regardless  of  whether  the  purchased  item  was  resold  without  or  after
processing. The customer remains authorized to collect the claim, even after the assignment. Our
power to collect the claim ourselves remains unaffected. However, we will not 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 opening insolvency proceedings has been filed or
payment has ceased.
 
4.  The processing and remodeling of the purchased item by the customer is always named and on
behalf of us. In this case, the right of expectancy of the purchaser in the purchased item continues
with the remodeled item. If the purchased item is processed with other items not belonging to us,
we acquire the co-ownership of the new item in proportion of the objective value of our purchased
item to the other processed items at the time of processing. The same applies to the case of mixing.
If the mixing takes place in such a way that the item of the customer is to be regarded as the main
item,  it shall  be  deemed  agreed  that  the  customer  transfers  pro  rata  co-ownership  to  us  and
secures  the resulting  sole ownership  or  co-ownership for  us.  To secure our  claims  against the
purchaser,  the  purchaser  also  assigns  to  us  such  claims  that  accrue  to  him  as  a  result  of  the
combination of the reserved goods with a property against a third party; We already accept this
assignment.
 
5.  We undertake to release the securities to which we are entitled upon request of the customer,
insofar as their value exceeds the claims to be secured by more than 20%.
 
 
§ 9 Warranty, notice of defects, recourse, manufacturer’s recourse
 
1.  Warranty rights of the purchaser presuppose that the purchaser has duly  fulfilled his duties of
examination and notification of defects according to § 377 HGB. 
 
2.  Claims for defects expire 12 months after delivery of the goods delivered by us to our customer.
For damages in case of intent and gross negligence as well as injury to life, body and health, which
are based on an intentional or negligent breach of duty of the user, the statutory limitation period
applies.
Prior to returning the goods our permit is to be requested. 
 
3.  If, despite all due care, the delivered goods have a defect that was already present at the time of
transfer of risk, we will repair the goods, subject to timely notice of defects at our option or deliver
replacement  goods.  We  always  have  the  opportunity  to  provide  supplementary  performance
within a reasonable period of time. Claims for recourse remain unaffected by the above regulation
without limitation.
 
4.  If  the  subsequent  performance  fails,  the  customer  may  -  without  prejudice  to  any  claims  for
damages - withdraw from the contract or reduce the remuneration.
 
5.  Claims for defects do not exist in the case of insignificant deviation from the agreed quality, in the
case of only insignificant deterioration of use, natural wear or tear, or damage after the transfer of
risk  as  a  result  of  faulty  or  negligent  handling,  excessive  use,  unsuitable  equipment,  defective
construction work, unsuitable ground or due to special external influences, which are not required
by the contract. If the customer or a third party carries out improper repairs or changes, there are
no claims for defects for these and the resulting consequences. 
 
6.  Claims  of  the  customer  due  to  the  expenses  required  for  the  purpose  of  supplementary
performance, in particular transport, travel, labor and material costs, are excluded if the expenses
increase because the goods delivered by us subsequently to a location other than the branch of
The purchaser has been shipped, unless the shipment complies with its intended use. 
 
7.  Rights of recourse of the purchaser against us exist only to the extent that the purchaser has not
made any agreements with his purchaser beyond the legally binding claims for defects. Paragraph
6  shall  apply  mutatis  mutandis  to  the  extent  of  the  purchaser's  right  of  recourse  against  the
supplier.
§ 10 Miscellaneous
 
1.  This contract and the entire legal relationships between the parties are subject to the laws of the
Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
 
2.  Place of fulfillment and exclusive place of jurisdiction and for all disputes arising from this contract
is our place of business, unless otherwise stated in the order confirmation.
 
3.  All agreements made between the parties for the purpose of executing this contract are set out in
writing in this contract.