1. These conditions apply to all natural and juristic persons who, upon conclusion of the contract as a traderin accordance with § 14 para. 1 of the German Civil Code. All deliveries, services and offers by us are made solely under these conditions. Purchase conditions of and affirmations made to the contrary by the customer are hereby expressly contradicted.
2. We reserve the proprietary rights and copyrights in cost estimates, samples, drawings, electrical and pneumatic plans and similar information. Customers may not provide third parties with access to or knowledge of them.
II. Prices and terms of payment
1. Our prices are, unless otherwise agreed or stated, as net prices without VAT and ex works.
2. Payments to us must be made at maturity without deduction to any of our accounts. Offsetting or retention is only permitted to the customer. if the counterclaim has been legally established or is not disputed by us.
3. The due date of payments, unless otherwise agreed, shall be as follows:
a. 40% within 10 days after the date of the down payment invoice,
b. 50% within 10 days after acceptance or performance,
c. the remaining 10% within one month after acceptance or service provision.
4. If the deadline is exceeded or if payment is delayed, interest in the amount of 8 percentage points above the respective base interest rate in accordance with § 247 of the German Civil Code must be paid. We reserve the right to further claims.
5. Should the cost relationships (material, wages, etc.) change between the day of the conclusion of the contract and the service due to reasons beyond our control, we shall be entitled to make a new price adjustment in accordance with the changed costs.
III. Performance and acceptance
1. We arrange delivery dates with the customers. These are subject to the condition that all technical and commercial matters have been clarified and the customer has fulfilled all his obligations. If the assembly of the delivery item has been agreed with the customer, the customer must remove the assembly immediately on the agreed date. If no acceptance date has been agreed, acceptance will take place immediately after our notification of readiness for acceptance.
2. The observance of delivery and acceptance deadlines is subject to the correct and timely self-delivery and the payment of the down payment due. The delivery time is extended appropriately in these cases.
IV. Retention of title
1. All delivered items remain our property until full payment of the invoice prices. If assembly services are to be provided, the ownership shall pass to the customer only after receipt of the assembly fee.
2. The customer may only sell, pledge or assign as security the delivered items with the prior written consent, as long as they are still our property. We are to be informed immediately about seizures, seizures or other dispositions by third parties.
1. Should our service be subject to a defect, the customer is obliged to inform us immediately in writing. Delays displayed defects are rejected. The defect is to be described as accurately and comprehensively as possible by the customer.
2. For defects in performance, we shall provide supplementary performance at our discretion by replacement delivery or subsequent improvement. Should the supplementary performance fail, the customer can assert further legal rights. However, claims for damages are conclusive under no. VI regulated.
3. If the notice of defects proves to be unjustified, the customer must compensate our resulting expenses (working time, travel time, material, etc.) against proof.
4. Claims for defects do not exist for defects caused by one of the following circumstances: improper use, faulty assembly by customers or third parties, natural wear, faulty handling, improper maintenance, unsuitable equipment, chemical, electrochemical or electrical influences, provided that they were not caused by us.
1. We are liable for intentional and grossly negligent breaches of duty by our legal representatives and vicarious agents. In the event of slight negligence, we shall only be liable in the event of an injury to life, limb or health caused by us or if an essential contractual obligation, on the observance of which the customer was entitled to rely, has been violated by us.
2. We are only liable for damages typically occurring in mechanical engineering.
VII. Statute of limitations
Regardless of the legal grounds, all claims of the customer against us expire within 12 months after their origin, unless otherwise expressly agreed. For intentional and malicious behavior and injury to a life.
VIII. Final Provisions
1. It is the law of the Federal Republic of Germany to the exclusion of UN sales law or other international treaties.
2. For all disputes with merchants within the meaning of § 1 para. 1 of the German Civil Code our seat is the exclusive place of jurisdiction. The customer can however be sued by us to his general place of jurisdiction.
3. Should any provision of this contract be legally invalid, the validity of the remaining provisions of the contract shall remain unaffected. At the invalid regulation the legally permissible contract of the canceled clause in the legally valid way will come closest in good faith from an economic point of view.