- These conditions of sale apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section § 310 Paragraph 1 BGB. We only recognize conditions of the customer that contradict or deviate from our sales conditions if we expressly agree to their validity in writing.
- These conditions of sale also apply to all future transactions with the customer, insofar as they are legal transactions of a related nature (as a precaution, the conditions of sale should always be attached to the order confirmation).
- Individual agreements made with the buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these conditions of sale. A written contract or our written confirmation is authoritative for the content of such agreements, subject to proof to the contrary.
§ 2 Offer and conclusion of contract
If an order is to be viewed as an offer in accordance with Section § 145 BGB, we can accept it within two weeks.
§ 3 Documents provided
All documents provided to the customer in connection with the placing of the order – also in electronic form – such as B. calculations, drawings, etc., we reserve property rights and copyrights. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer’s offer within the period of § 2, these documents must be returned to us immediately.
§4 Prices and Payment
Unless otherwise agreed in writing, our prices apply ex works excluding packaging and plus VAT at the currently applicable rate. Packaging costs will be charged seperately.
Payment of the purchase price has to be made exclusively to the account mentioned overleaf. The deduction of a discount is only permitted with a special written agreement.
Unless otherwise agreed, the purchase price is to be paid within 10 days of delivery (alternatives: “… the purchase price is payable within 21 days of invoicing” or “… the purchase price is payable by the specific date “). Interest on arrears will be charged at 8% above the respective base rate p.a. (see Appendix 1). We reserve the right to assert higher damage caused by default. Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material and sales costs for deliveries made 3 months or later after the conclusion of the contract. The customer is only authorized to exercise a right of retention to this extent than his counterclaim is based on the same contractual relationship.
§ 6 delivery time
The start of the delivery time specified by us presupposes the timely and proper fulfillment of the purchaser’s obligations. The exception of the unfulfilled contract remains reserved. If the customer is in default of acceptance or if he culpably breaches other duties to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. We reserve the right to make further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment. In the event of a delay in delivery caused by us not intentionally or through gross negligence, we are liable for each full week of delay within the framework of a lump-sum compensation for delay in the amount of 3% of the delivery value, but not more than 15% of the delivery value. Further legal claims and rights of the customer due to a delay in delivery remain unaffected.
§7 Transfer of risk upon dispatch
If the goods are sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when they are sent to the customer, at the latest when they leave the factory / warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs.