1. BASICS OF CONTRACT

1.1
All of our deliveries and services are carried out exclusively to
the following conditions. Opposing or deviating
We object to the customer's conditions unless we have expressly stated so
agreed to their validity in writing.
The following conditions also apply to all future transactions with
customers, without any express notice or
requires further express agreement. If further written
If agreements are made with the customer, these apply
Additional conditions are subordinate. This is a tacit acceptance by us
excluded.
1.2
Our delivery and price offers are non-binding. The contract is coming soon
through our written order confirmation or through execution of the order
conditions. Deviating agreements require our consent to be effective
written confirmation.

2. PRICES

2.1
Unless otherwise agreed, our prices are net without
any deductions, plus costs for packaging, transport and others
Fringe benefits. Taxes, customs duties and duties levied by us are
to reimburse us immediately from the customer. The statutory VAT is not
included in our prices; it will be included in the invoice at the statutory rate
additionally shown separately (currently 19%).
2.2
If our delivery or service is contractually later than 4 months later
To conclude the contract, we are entitled to do so up to the point in time
increases in production costs or other costs that occur after delivery
to be invoiced additionally.
2.3
The assembly of the purchased item or other additional services that we provide in addition to
Delivery/service will be provided - unless in the contractually agreed manner
Remuneration included – at the prices in our currently valid price lists
billed. The price lists are enclosed.

3. INVOICING AND PAYMENT

3.1
Our invoices are payable within the time stated in the invoice
Payment period/time after the invoice date without deduction. The customer
comes after the end of the payment period/time even without a reminder
Default. Partial invoices are permitted. Payments must be made in EUR, provided
nothing else has been agreed.
3.2
The customer must pay EUR 10.00 for each reminder after the default occurs
unless the customer proves that there are no costs for the reminder
were only created to a much smaller extent. Is the customer an entrepreneur?
within the meaning of § 14 BGB, the flat rate reminder fee is € 40.00.
We are at liberty to claim higher damages in addition to the flat rate reminder fee
to assert.
3.3
If the customer defaults on payment, we are entitled to claim outstanding payments
Deliveries /
Services can only be carried out against advance payment or provision of security.
3.4
Deliveries under EUR 100.00 are made cash on delivery per order, if nothing
otherwise agreed. The costs of cash on delivery delivery will be borne by you
of the customer.
3.5
Authorization for us to collect invoice amounts due by direct debit
is deemed to have been granted if the customer's account number and credit institution are on the
order are noted. This approval also applies to subsequent orders, and
up to the point at which either on an order or in a
new payment terms have been agreed in another text form or to which
a further collection by direct debit from the customer
Objection was made in writing. We agree with the customer that we will benefit from one
You can foresee advance notice of the debiting of the customer's account.
3.6
The customer is only entitled to offset if his counterclaims
have been legally established, are undisputed or have been recognized by us. Besides, he is
is only authorized to exercise a right of retention if his counterclaim
is based on the same contractual relationship. If the customer is an entrepreneur (§ 14 BGB),
so the customer can rely on a retention or
The right to refuse performance in accordance with Sections 273 and 320 of the German Civil Code (BGB) cannot be invoked unless
the customer's counterclaims have been legally established or are undisputed.
3.7
We are not obliged to accept bills of exchange or checks. In case of a
Bills of exchange and checks are only accepted on account of performance; the costs
The customer is responsible for the discounting and collection.

4. DELIVERY AND ASSEMBLY

4.1
Delivery takes place “ex works”, unless expressly agreed otherwise
is. Our delivery times are not to be understood as fixed dates. The delivery time
begins as soon as all details of execution have been clarified and both parts
agree on all terms and conditions of the transaction. The delivery deadline is met if
the shipment has left our factory or warehouse within the delivery period
or the readiness for dispatch has been communicated to the customer. Partial deliveries are
permitted.
4.2
Unforeseen events and/or force majeure for which we are not responsible
(e.g. changes to offers, increases and additions, increased operating volume,
Operational disruptions, strikes, lockouts, including those that require access/
affecting subcontractors, official orders, extreme weather conditions,
Traffic disruptions, disasters, import and export restrictions, etc.)
extend the delivery period and execution period appropriately, even if
if they occur during a delivery delay. This also applies if one on both sides
agreed end of execution has been set.
The same applies, if official and other, to the execution of deliveries
Required third party approvals and underground permits are not received in a timely manner.
If the delivery period is extended by more than 4 months due to such events
Both parties have the right to withdraw from the contract. Should be one of the above
If events occur, agreed flat rates for late payment are no longer applicable.
4.3
If delivery is delayed at the customer's request, he will be charged as of
Time of notification of readiness for dispatch caused by storage
Costs amounting to 0.5% of the invoice amount will be charged for each month. The
The parties are at liberty to provide evidence of lower or higher storage costs.

5. SHIPPING

Transport is carried out at the customer’s expense and risk. The danger comes with it
Shipping ex works or storage location to the customer, even if we
have taken over delivery and unloading. Shipping is delayed
due to the fault of the customer, the risk passes to the customer at that time
The customer informs him that the goods are ready for dispatch.
We only provide transport insurance based on a special agreement.

6. DISPOSAL OF PACKAGING

As part of our obligations under the Packaging Ordinance
We collect our packaging at our place of business during the
business hours back. The returned packaging must be free of
Foreign substances and be sorted according to different packaging materials.
Otherwise we are entitled to claim from the customer any costs incurred during disposal
to charge additional costs.

7. STATUTORY WARRANTY CLAIMS

7.1
The statutory warranty claims for defects expire against customers,
who are entrepreneurs (§ 14 BGB), after one year from the statutory date
Start of limitation period. The above abbreviation of the statute of limitations does not apply to the extent that
Law in accordance with Section 438 Paragraph 1 No. 2 BGB or Section 634a Paragraph 1 No. 2 BGB or in the
In cases of mandatory liability in accordance with Section 8.2, longer periods are prescribed.
7.2
Complaints about incomplete or incorrect delivery or complaints
If there are obvious defects, please contact us in writing within 2 weeks
to communicate. Non-obvious defects must be reported immediately after they are discovered
to communicate. If the deadline is missed, warranty rights apply in this regard
excluded. The customer's warranty rights also apply
provided that he fulfills the investigative and legal obligations he owes by law
Obligations to give notice of complaints have been properly complied with.
7.3
No liability is accepted for damage caused by unsuitable or
improper use, non-observance of processing instructions,
incorrect or negligent treatment by the customer.
7.4
In the event of a defect warranty, we are at our discretion to remedy the defect
or entitled to replacement delivery.
7.5
We are not obliged to remedy defects as long as the customer agrees
is in default of its payment obligations.

8. DISCLAIMER

8.1
All claims of the customer for damages or other
Reimbursement of costs of any kind, regardless of the legal basis (hereinafter referred to as:
“Claims for damages”) are – without prejudice to the provisions in
Section 8.2 – excluded.
8.2
The exclusion of liability in accordance with Section 8.1 does not apply if there is an intentional or gross act
negligent behavior by us or one of our representatives, employees
or other vicarious agents form the basis for the claim for damages
is; if a culpable action by us or one of our representatives, employees or
Damage caused by other vicarious agents due to the violation of the
Body, life or health is the basis for the
The claim for damages is as well as with regard to, in particular, after
German product liability law legally binding liability and in the event of a
Breach of warranty promises by us; if we or one of our representatives,
Employees or other vicarious agents negligently cause a material breach
Violating contractual obligations (essential are contractual obligations which the respective
shape the contract, enable its proper implementation and on
which the customer regularly trusts and can trust); in this last case
However, our liability is limited to the amount of the damage
Conclusion of the contract is predictable and typical of the contract. Otherwise, as far as
no liability in accordance with Section 8.2
is excluded, the legal regulations regarding the level of liability.
8.3.
The above provisions do not imply a change in the burden of proof
Disadvantage of the customer.
8.4
We would like to point out that by law - in particular according to the regulations of the Occupational Safety and Health Act - only the employer is obliged to take the necessary occupational safety measures. This also includes operational fire protection, which in turn includes regular instruction for all employees and training for fire protection assistants.
8.5
Despite the most careful design of the “fire protection assistant theory” training, which, if completed properly, ensures that the necessary theoretical knowledge is imparted to the participant, the assertion of damages or other recourse claims against us is excluded. This particularly applies in the event that the participant does not complete the training properly, for example without paying full attention.
8.6
The exclusion of liability in accordance with Section 2 does not apply in the event of intent or gross negligence or if there is a guarantee by us or one of our representatives, employees or vicarious agents. Even in the event of slight negligence, liability is unlimited in the event of injury to life, body or health. In the event of a slightly negligent violation of essential contractual obligations, liability is limited to the resulting property and financial damage in the amount of the foreseeable, typically occurring damage. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible and on whose compliance the contractual partner or other third parties regularly trusts and can also rely. In the event of a simple negligent violation of an essential contractual obligation, no liability will be assumed for lost profits.

9. RETENTION OF TITLE

9.1
The goods we deliver remain inclusive until full payment has been made
Additional claims are our property (hereinafter: reserved goods).
9.2
The customer may neither pledge the reserved goods nor as security
transfer ownership.
We are immediately aware of any access by third parties, particularly seizures
teach.
9.3
In commercial transactions we retain ownership of the
Retained goods until all deliveries and other items have been paid in full
Claims from the entire business relationship.
9.4
The resale of the reserved goods will be carried out in the ordinary course of business
revocably permitted to the customer. This right expires in the event of
late payment. Those arising from resale or any other legal reason
(e.g. insurance, tort) regarding the reserved goods
The customer assumes responsibility for any resulting claims, including all ancillary rights
to us in full as a precautionary measure. A processing or
Restructuring of the reserved goods is always carried out for us as the manufacturer, but without
Obligation for us. If the (co-)ownership expires through connection with movable property
Things, mixing or processing, it is already agreed that this
(Co-)ownership of the new item pro rata according to the ratio of the
Invoice amounts for the processed or related products are borne by us
transforms. The
The customer stores the (co-)ownership for us free of charge.
9.5
In the event of any withdrawal from the contract, we have unrestricted authority
to take back, sell or sell the reserved goods in whole or in part
to deal with it or dispose of it otherwise and the customer is
obliged to release them.
9.6
Until the point in time at which ownership of the reserved goods is transferred
If the goods are transferred to the customer, the customer has ownership of the reserved goods as our trustee
and to ensure that the reserved goods are stored properly
is protected.

10. PLACE OF PERFORMANCE, JURISDICTION, APPLICABLE LAW

10.1
The place of performance for both parties is the place of performance for all services arising from the contractual relationship
our respective headquarters.
10.2
In business transactions with merchants and legal entities under public law
or a special fund under public law is the place of jurisdiction
of our choice either our registered office or according to the legal regulations for
the court responsible for the customer, unless and to the extent that the law requires one
stipulates a different exclusive place of jurisdiction.
10.3
The contractual relationship is subject exclusively to German law. At
This choice of law only applies to consumers to the extent that the protection granted does not apply
by mandatory provisions of the law of the state in which the consumer
his habitual residence is withdrawn.
10.4
Changes or additions to all contractual legal relationships
Customers, including this clause, must be in writing to be valid.
The written form also takes the form of a fax letter or an electronic message
protected even without a qualified electronic signature.

As of: April 1, 2018