General terms and conditions
§ 1 General
- Our sales conditions apply exclusively; We do not recognize any conditions of the customer that contradict or deviate from our conditions of sale, unless we have expressly agreed to their validity in writing. Our conditions of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.
- All agreements that are made between us and the customer for the purpose of executing this contract must be set down in writing.
- Our sales conditions apply to entrepreneurs within the meaning of § 14 BGB for all future business with the customer.
§ 2 Offers
- Our offer is non-binding, unless otherwise stated in the order confirmation.
- Subsequent changes to the order can only be taken into account if the order is not yet in progress or material orders have not been placed
§ 3 Prices
- Unless otherwise stated in the order confirmation, our prices apply ″ex works″. Packaging and transport are invoiced separately.
- VAT is not included in our prices.
§ 4 Delivery times
- All information on delivery times is non-binding, but will be adhered to if possible.
- The delivery period is extended by a reasonable amount of time, even without a special agreement, if production delays occur due to disruptions of any kind in the course of operations or due to force majeure, e.g. strike, fire damage, late delivery by our suppliers. If such circumstances lead to an impossibility of delivery or service, we are fully released from our delivery or service obligation. We will inform the customer immediately about the occurrence of such a case.
§ 5 Delivery and transfer of risks
- As long as not otherwise stated in the order confirmation, delivery is agreed on basis ″ex works″.
- The risk passes to the purchaser as soon as the shipment has been handed over to the person performing the transport or has left our factory for the purpose of shipment. If the shipment is delayed or not carried out at the request of the customer, the risk is transferred to the customer when the goods are ready for shipment.
- Part deliveries are permitted, they are to be viewed as an independent business. Differences from a partial delivery do not affect the unfulfilled part of the purchase.
- We reserve the right to make excess or short deliveries of up to 10% of the order quantity.
- The acceptance period for call orders is 6 months.
- Transport insurance will only be taken out by us at the special request of the customer in his name and on his account.
§ 6 Product description
- As a matter of principle, only the product description applies to the quality of the goods as agreed. Public statements, promotions or advertising do not represent a contractual specification of the quality of the goods.
- The customer does not receive any guarantees from us in the legal sense.
§ 7 Liability for defect parts
- The customer has to examine the delivered goods immediately. Obvious defects, differences in quantity or incorrect deliveries must be reported to the seller in writing within two weeks at the latest, but in any case before connection, mixing or processing. Otherwise, the provisions of § 377 HGB apply.
- Defects in the delivered item, including the manuals and other documents, will be remedied by us within the legally prescribed period after notification by the user. This is done at our discretion through free rework or replacement delivery. In the case of a replacement delivery, the customer is obliged to return the defective item.
- If the defect cannot be remedied within a reasonable period of time or if the replacement delivery is to be regarded as having failed for other reasons, the buyer can, at his option, request a reduction in the remuneration (reduction) or withdraw from the contract.
- We reject 0 error requests because they cannot be met with certainty. We guarantee careful processing within the scope of the usual manufacturing tolerances, whereby the following AQL values (AQL = removable quality limit) are considered to be commercially agreed and permissible:
AQL-level I = 0,3 %
Inclusions of burnt material or black spots > 5 mm
AQL-level II = 0,5 %
Not fully sprayed
deformation > 1,5 mm
Holes in the product
Inclusions of burnt material or black spots < 5 mm
AQL-Level III = 1,0 %
Burr > 0,5 mm
Flow line / color gradient
Inclusions of burnt material or black spots > 1 mm with max. 5 points per product
Small defects like scratches
§ 8 Liability
- In the case of slightly negligent breaches of duty by us, our legal representatives or vicarious agents, our liability is limited to the foreseeable damage. We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
- The above limitations of liability do not apply to claims arising from product liability, from injury to life, limb or health, guarantees or due to malice.
§ 9 Statute of limitations
- Claims directed against us that are based on a defect in the delivered items expire after one year. § 8 no. 2 applies accordingly. Section 478 BGB remains unaffected.
§ 10 Retention of title
- We reserve title to the delivered items until all claims to which we are entitled against the customer for any legal reason have been met.
- Taking back the purchased item does not constitute a withdrawal from the contract, unless we have expressly stated this in writing.
- The customer may resell the items in the ordinary course of business. In this case, however, the customer already now assigns to us all claims in the amount of the final invoice amount (including VAT) of our claims that arise from the resale to his customers or third parties, regardless of whether the purchased item continues without or after processing has been sold.
- The customer is obliged to notify us immediately in writing of any seizure of the reserved items and other interventions by third parties and to inform the pledgee of the retention of title. If the third party is not able to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the damage we incur.
- We are obliged to release the securities to which we are entitled at the request of the customer 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 is incumbent on us.
§ 11 Payments
- Unless not agreed differently the purchasing price has to be paid upon receipt of the goods.
- We expressly reserve the right to reject checks or bills of exchange. Acceptance is always only on account of performance. Discount or bill charges are borne by the customer and are due immediately.
- In the event of justified doubts about the creditworthiness of the customer, especially if the customer does not cash a check or ceases to pay, we are entitled to call the entire remaining debt due, even if we have accepted checks. We are also entitled to demand advance payments or security deposits.
- If the purchaser finally stops his payments and / or if insolvency proceedings are applied for over his assets or a judicial or extrajudicial settlement procedure, we are also entitled to withdraw from the part of the contract that has not yet been fulfilled.
- The default in payment and its consequences occur without a reminder on the day resulting from the invoice date and the payment term. In this case, we are entitled to demand default interest in accordance with the statutory provisions.
- The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. In addition, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 12 Tools
- Injection molding, compression molding or other molds and tools that are manufactured by ourselves or by a third party on our behalf are fundamentally our property in view of the construction work; the customer bears the costs of manufacturing the molds.
- We keep the molds carefully for repeat orders and look after them. We are not liable for damage that occurs despite proper handling. We only bear the costs of repairs that arise from normal mold wear. The storage obligation expires if no further orders are received within 2 years of the last delivery.
- We are not obliged to accept follow-up orders and are not bound to the prices that were agreed in a previous order.
§ 13 Property rights
- If we have to deliver items based on drawings, models or samples handed over to us by the purchaser, the purchaser guarantees that the production and delivery of the items does not infringe the property rights of third parties.
- If we are not allowed to manufacture or deliver by a third party with reference to a proprietary right belonging to this, we are entitled - without being obliged to examine the legal situation - to the exclusion of all claims for damages by the customer to cease manufacture and delivery and to reimburse the costs incurred desire.
- Submitted samples or drawings will only be returned upon request. If an order does not materialize, we are entitled to destroy samples and drawings 4 weeks after the offer has been submitted.
§ 14 Severability clause
- Should a provision in these terms and conditions be or become ineffective, this shall not affect the effectiveness of any other condition and agreement between the customer and us.
§ 15 Applicable law, place of jurisdiction, place of performance
- The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between the customer and us.
- The place of jurisdiction is the seat of the seller. However, we are also entitled to sue the customer at his local court.
- The place of performance is Lohne (Oldb).
§ 16 Date of the delivery
- The date of delivery is stated in the delivery note. The date of the delivery note is the date of delivery.