General Terms and Conditions of Sale and Delivery

I. Scope of validity

(1) Our General Terms and Conditions of Sale and Delivery (GTC) apply exclusively. As of 2017/02/01, they shall replace all of our prior GTCs and are published on the publicly accessible area of our website.

(2) We do not recognise conditions from the contractual partner, which contradict or deviate from our GTC, unless their validity has been explicitly approved in writing. Our GTC shall apply even if we carry out delivery without reservation, in the knowledge that the contractual partner’s conditions contradict or deviate from our General Terms and Conditions.

(3) Our GTC shall only apply to companies, legal entities under public law and to special assets under public law, in accordance with § 310 Para. 1 of the German Civil Code (BGB).

(4) All contractual agreements between us and the contractual partner, which exist alongside this GTC, must be in the written form.

II. Concluding of contracts and deliveries

(1) Orders from the contractual partner should be understood as legally binding offers, which are accepted by our (order) confirmation or delivery of the goods in question. Acceptance of the order is subject to availability of the goods.

(2) After orders have been successfully accepted by us, the contractual partner may only make changes with our consent and upon agreeing to bear the associated costs.

III. Long-term and call-off contracts, price adjustments

(1) Open-ended contracts can be terminated by giving 6 months’ notice.

(2) During the term of a long-term contract (contracts with a term of more than 12 months and open-ended contracts), if significant changes occur to the general cost of labour, materials or energy, either contractual party is entitled to demand a reasonable adjustment of the price to take account of these factors.

IV. Confidentiality

(1) The contractual parties are obligated to treat as confidential all information not in the public domain, which they obtain or acquire from the respective other contractual party in the course of the business relationship, and to use it only for the jointly pursued purpose.

V. Property rights

(1) Regardless of the existence of property rights, the mutual exchange of information or the handover of data, drawings, prototypes and similar does not grant any rights of property, licensing, reproduction, usage or other rights.

VI. Prototypes and manufacturing equipment

(1) Unless otherwise stated, we are entitled to invoice production costs for prototypes and manufacturing equipment (tools, moulds, templates, etc.) separately in addition to the price for the supplied goods.

VII. Prices

(1) Our prices are to be understood in euros, excluding VAT, packaging, carriage, postage and insurance.

VIII. Terms of payment

(1) Our invoices are due for payment within 30 days net or within 8 days with 2% discount, from the invoice date.

IX. Delivery

(1) Unless otherwise agreed, we deliver “ex works”. Notification of readiness for dispatch or pick-up by us is vital for maintaining the delivery date or period.

X. Dispatch and transfer of risk

(1) Once we have provided notification that goods are ready for dispatch, they must be accepted by the contractual partner without delay.

XI. Packaging not subject to system participation

(1) The recipient is responsible for the legally compliant disposal of packaging that is not subject to system participation and for keeping the corresponding records.

XII. Delayed deliveries

(1) If we are able to foresee that the goods cannot be delivered within the delivery period, we will inform the contractual partner in writing without delay.

XIII. Retention of title

(1) We retain title to the goods supplied by us until all accounts receivable per the business relationship have been discharged by the contractual partner.

XIV. Material defects

(1) The contractual partner is obligated to inform us unprompted, in advance of making an order, as to the specific intended use of the ordered goods.

XV. Liability

(1) We do not accept any liability for damages owing to the breach of non-significant contractual obligations, if we, our legal representatives or agents are only guilty of simple negligence.

XVI. Force majeure

(1) Acts of God, industrial disputes, disturbances, official measures, non-arrival of deliveries from our suppliers and other unpredictable, unavoidable and serious events will release the contractual parties from their duty to perform for the duration of the disturbance and to the extent of their effect.

XVII. Final provisions

(1) Should individual provisions of these GTC be incomplete or invalid, this shall have no impact on the validity of the remaining provisions.

XVIII. Information according to the Consumer Dispute Settlement Law (VSBG)

(1) We are not willing or obliged to participate in dispute settlement proceedings before a consumer enforcement agency within the meaning of the Consumer Dispute Settlement Law.