Terms and Conditions of Business
§ 1 General
- The business relations with our customers are exclusively governed by the following Standard Business Terms, which shall, at the latest, be incorporated when our merchandise is received. They apply to all business relations with our customers, even if not explicitly agreed again after their first incorporation. Different terms of the customer will not be recognised.
- We store personal data required in the course of the business relationship pursuant to section 28 BDSG [Federal Data Protection Act] to the extent necessary for the achievement of our own business purposes and the purpose of the contractual relationship, especially if data are needed for fulfilling the duties or exercising the rights arising from the contract.
§ 2 Contract conclusion / offer and acceptance
Our offers are subject to change and non-binding. Declarations of acceptance and any orders placed shall require our confirmation in written or textual form in order to be legally effective. Objections to order confirmations and invoices must be lodged in writing within 14 days. They will not discharge the customer of the obligation to pay.
§ 3 Dates and periods of delivery
Dates of delivery and performance, as well as delivery periods, will only be binding if this is expressly agreed in writing.
§ 4 Warranty and liability
- The warranty period shall be one year. Warranty for the sale of used merchandise is ruled out.
- Visible defects must be reported to us in writing within two weeks of detecting them and described in as much detail as possible. If the buyer fails to report a visible defect in due course the merchandise shall be deemed to be accepted. By negotiating about objections raised we do not waive the right to plead that the customer’s complaint was not reported in time or sufficient detail.
- In the event that deliverables are deficient, we will, at our election and to the exclusion of other warranty claims on the customer’s part, arrange either for substitute delivery or subsequent improvement at our own expense. If subsequent improvement or substitute delivery fails twice, the customer may either opt for reducing the purchase price or for reversing the contract. As a matter of principle, additional claims, going beyond this, may not be asserted against us, in particular claims for compensation on account of direct or indirect damage, unless agreed otherwise below.
- With the exception of damage arising from death, physical injury or injury to health, liability shall be excluded where we or our agents or employees have acted only with ordinary negligence. Irrespective of our fault, liability for any malicious concealment of a defect, under a guarantee assumed and under the Product Liability Act shall remain unaffected.
- Our warranty obligation shall no longer exist if the buyer personally carries out repairs or causes a third party to carry out repairs during the warranty period without our consent.
§ 5 Setoff, right of retention, interest
- The customer shall not be entitled to setoff, unless such setoff is based on a claim which is undisputed or finally established by a court. The assertion of rights of retention is excluded where such rights of retention are not based on the same contract.
- In the case of delayed payment interest, as accrued between the due date and the date of payment, shall be owed at a level of 8% above the base interest rate pursuant to sec. 247 BGB [German Civil Code]. The assertion of any more extensive default damage shall remain unaffected.
§ 6 Reservation of title
- We retain title to the deliverables until all our claims against the customer under the entire business relationship have been fully satisfied. The assertion of such reservation as to title, to which we are entitled without advance warning, and the attachment of the deliverables by us shall not constitute a rescission of the contract, unless this is explicitly declared by us in writing.
- The customer already now assigns to us all its claims, including any collateral claims arising from the resale of the merchandise to which title is retained. Any further assignment of this claim to third parties, especially in the form of a blanket assignment to financing institutions, shall be impermissible.
- The customer must neither pledge the deliverables nor transfer title thereto as security. In case of the attachment, seizure or any other dispositions by third parties the customer must notify us without delay and provide us with any and all information and records required for the protection of our rights. Enforcement officers or third parties must be advised of our ownership rights.
§ 7 Other
- To the extent permissible according to sec. 38 I ZPO [Code of Civil Procedure], our principal place of business shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from our legal relations with our customers.
- In the event that one or more of the above provisions are or become ineffective for any reason, the effectiveness of the remaining provisions shall not be affected thereby. The parties undertake in this case to amicably replace the ineffective provision by a clause that comes closest to the economic purpose of the ineffective provision.
- Contractual agreements and changes of and additions to these Standard Business Terms shall require the written or textual form in order to be effective. This shall likewise apply to the waiver of the requirement of the written/textual form.