General Terms and Conditions of Sale and Delivery

 

1. These general terms and conditions are valid for all of our sales and services – also for those in the future. Any deviating, contradictory, or supplementary general terms and conditions, even if known by us, shall not become an integral part of the contract unless we have confirmed their validity expressly in the written form.


2. Our offers are subject to change. Our contracts, their amendment or enhancement are governed by § 126 German Civil Code (BGB) – in the written form. Technical changes are permitted within reasonable limits.


3. Payments must take place within two weeks with 2% discount, otherwise within 30 days without deductions. Offsets against our claims may only be effected in the case of undisputed and legally effective claims; a right of retention must in addition be based on the same contractual relationship

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4. We retain the proprietary rights of ownership to the goods until they have been paid in full.  In the case of resale the customer already now assigns the resale claim to us: we accept the assignment. The customer shall give us all necessary information for this: he may receive the payments as long as he is not in arrears with his obligations to us. Processing or restructuring or reshaping of our goods takes place on behalf of us and we gain (co-)ownership of the new goods until full payment of our goods has taken place. This is correspondingly valid in the case of an inseparable combining, mixing or joining of our goods with other goods. In any case the customer holds the goods on our behalf.


5. We grant a warranty for a period of 12 months with single-shift operation. Claims for defects shall expire if notification of objection has not been made within two months after their being discovered. Claims for compensation of damages as a result of a defect become time-barred after one year from delivery of the goods; this is not valid if we have acted gross-negligently as in the case of a threat to life and limb or health or loss of life that is attributable to us.


6. The upper limit of all liability on our part is 10times the value of the delivery or service causing the damages; this is not valid in the case of a threat to life and limb or health or loss of life that is attributable to us or in the case of gross negligent breach of duties – caused respectively by us, our legal representatives or our vicarious agents.


7. These General Terms of Sale and Delivery shall be governed solely by German law with the application of the UN Convention on the International Sale of Goods (CISG) excluded. The place of jurisdiction is Munich, Germany; we may however also file legal action against the customer at the court responsible for him.


8. The customer is in agreement with the storage of all of his data that is necessary for the business transactions and waives the right to notification according to
§ 26 Federal German Data Protection Act (Bundesdatenschutzgesetz).


9. In the case of acts of God or if insurmountable hindrances to the performance of the contract due to unforeseeable and reasonable expenses and efforts take place, then we can (without compensation, if we are not to blame for this) withdraw from the contract totally or partially or demand reasonable suitable and appropriate modification or adjustment.


10. If any provision of these terms and conditions is held to be invalid or unenforceable in whole or in part, the validity of the other provisions shall remain unaffected.

 

 

General Terms of Conditions of Sale and Delivery
Status: 02/2006