1. the following terms and conditions shall apply exclusively to all initial, current and future transactions to be concluded/concluded with the Company. The Company does not accept any terms and conditions of the Client that deviate from these General Terms and Conditions. These shall not become part of the contract even if the Company does not expressly object to them. By placing the order, the exclusive validity of these terms and conditions is acknowledged by the customer. 3. these are also visible in the enterprise
1. The delivered goods remain the property of the company until the customer has settled all claims. The customer undertakes to treat the object of sale with care as long as ownership has not yet passed to him.
2. In case of processing of goods not belonging to the company, this co-owner of the new object shall become the co-owner of the new object in the ratio of the value of the reserved goods to the other processed objects. The customer must inform us immediately in writing if the reserved goods are subject to seizure or transfer by way of security (lawyer's right). This shall also apply if third parties assert rights to the goods.
3. The customer is obliged to insure the goods sufficiently against fire and theft.
Warranty, notice of defects
1. defects must be notified to the company in writing within 14 days of delivery of the subject matter of the contract.
2. the customer can choose between subsequent performance or replacement delivery. However, the Company may refuse the selected type of subsequent performance if this involves disproportionate costs and the other type of subsequent performance is possible without significant disadvantages for the Customer. 4. a withdrawal from the contract as well as a reduction of the agreed amount is not possible during the supplementary performance.
5. a reduction of the purchase price or withdrawal from the contract is only possible after the unsuccessful attempt to remedy the defect.
6. In the event of defects caused by non-observance of the operating and handling instructions or improper intervention by the Customer, the warranty shall lapse. In the event of operational wear and tear or defects resulting from incorrect use or operating errors, the warranty shall be excluded and, if a warranty claim is made, shall be checked at our respective valid service rates and, if necessary, repaired and invoiced.
1. the price lists of the company valid at the time of conclusion of the contract shall apply to the contracts, unless otherwise agreed in individual contracts.
1. invoices shall be paid in cash or to an account specified by the Company immediately upon receipt, without any deduction. The deduction of discounts requires special written agreements. 2. if the client is in arrears with his payment obligation in whole or in part, he shall pay interest on arrears from this point in time at an annual rate of 5% above the base rate of the ECB, unless the company can prove higher damages. 4. the company is entitled to demand payment in advance and only to render performance after receipt of the invoice amount.
Damages, statute of limitations
1. claims for damages of the customer, no matter for what legal reason, in particular due to violation of duties from tort or from the obligation itself, are excluded. This shall not apply in cases of mandatory liability, such as intent, gross negligence, under the Product Liability Act, injury to life, limb or health and also not in cases of breach of essential contractual obligations. However, claims arising from breach of essential contractual obligations shall be limited to the foreseeable damage typical of the contract. 3 In the case of claims for damages under the Product Liability Act, the statutory statute of limitations shall apply.
Conclusion of a contract
1. A contract between the Company and the Client shall be concluded either by written confirmation of the order by letter, fax or e-mail from the Company or by performance of the order by the Company. The Company has the right to refuse orders that have not yet been confirmed without giving reasons.
2. Orders placed verbally by the Client and changes to orders already confirmed shall only become effective if they have been confirmed in writing by the Company.
3 The price lists of the company valid at the time of conclusion of the contract shall apply to the contracts.
1 Amendments or supplements to the contract must be made in writing to be legally effective. 2 Should individual parts of the above General Terms and Conditions be or become ineffective, the remaining provisions of these General Terms and Conditions shall remain fully effective.
Should individual provisions of these terms and conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same applies in the event that the agreement contains a loophole. Instead of the invalid or unenforceable provisions or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to the economic meaning of the original provision or corresponds to what the author and user would have wanted if they had considered this point.