Terms of Service

General terms and conditions - terms of sale, delivery and payment

1. General, scope

All deliveries are made only under the following conditions; We do not recognize conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our terms of sale also apply if we make the delivery to the customer without reservation in the knowledge of conflicting or deviating terms of the customer.

All agreements made between us and the customer for the purpose of executing this contract must be set out in writing in this contract.

Our terms of sale also apply to all future transactions with the customer.

Any invalidity of individual conditions does not result in the invalidity of the remaining conditions. The customer's rights from this contract are not transferable.

2. Offer, Offer Documents

Our offers are non-binding unless they qualify as a legally binding offer in accordance with Section 145 of the German Civil Code. We are bound to such an offer for 8 weeks.

We reserve the property rights and copyrights to illustrations, drawings, calculations and other documents; they may not be made accessible to third parties. This applies in particular to such written documents that are marked as "confidential"; before passing them on to third parties, the customer requires our express written consent.

3. Prices, terms of payment

Unless otherwise stated in the order confirmation, the purchase price is due upon receipt of the invoice. It can be paid within 14 days with a 2% discount or 30 days net, after which there is a default in accordance with Section 284, Paragraph 3 of the German Civil Code, so that we are entitled to charge interest on arrears at 5% above the base interest rate (Section 288, Paragraph 1 sentence 1 BGB). If proof of a higher damage caused by default, we are entitled to assert this.

The customer is only entitled to set-off rights if his counterclaims have been recognized by us.

4. Order execution and cooperation obligations of the client

Unless expressly agreed otherwise, we only owe the contractually precisely defined services, which we provide in compliance with the generally recognized rules of technology and the legal requirements.

We do not provide compensation for damage or destruction of the client's objects as a result of proper performance of our services. The transport or, if necessary, the return transport of objects belonging to the client is at his own expense and risk, however, the return transport is only carried out at the express request of the client. If the customer does not expressly request return transport, we are entitled to dispose of the item at the customer's expense after a corresponding written request and expiry of one month after receipt of the request. In the case of storage, our liability is limited to our customary care.

The customer must inform us in full of all facts relevant to the performance of our service. We are not obliged to check the data, information or other services provided by the customer for their completeness and correctness, unless there is a reason to do so, taking into account the respective circumstances of the individual case.

Insofar as the performance of our service requires one or more acts of cooperation on the part of the customer, he must provide this at his own expense; He will only be reimbursed for expenses if this has been expressly agreed. If the customer does not meet his obligations to cooperate, or does not do so in a timely manner or properly, we are entitled to charge him for the additional expenses incurred as a result. Further statutory claims are expressly reserved.

5. Delivery, delivery time

Our deliveries are made in a condition customary in the trade. Partial deliveries are permitted.

The start of the delivery times specified by us assumes that all technical questions have been clarified.

If the customer is in default of acceptance or violates other obligations to cooperate, we are entitled to demand compensation for the damage incurred, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which he is in default of acceptance.

6. Passing of risk, packaging costs

Unless otherwise stated in the order confirmation, "free domicile" delivery is agreed.

If the customer so desires, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.

7. Warranty for Defects

The customer's warranty rights presuppose that he has duly fulfilled his obligations to examine and give notice of defects according to Sections 377 and 378 of the German Commercial Code.

If there is a defect in the purchased item for which we are responsible, we are entitled to make a replacement delivery. We are not obliged to rectify defects.

If we are unwilling or unable to provide a replacement delivery, in particular if this is delayed beyond a reasonable period of time for reasons for which we are responsible, or if the replacement delivery fails in any other way, the customer is entitled at his option to change the contract (cancellation). of the contract) or to request a corresponding reduction in the purchase price (reduction).

Unless otherwise stated below, further claims by the customer are excluded, regardless of the legal grounds. We are therefore not liable for damage that has not occurred to the delivery item itself; in particular, we are not liable for lost profits or other financial losses of the customer.

The above exemption from liability does not apply if the cause of the damage was based on intent or gross negligence. Furthermore, it does not apply if the purchaser fails to deliver due to the lack of a guaranteed property. Claims for damages due to non-performance in accordance with §§ 463, 480 Para. 2 BGB.

If we negligently violate a cardinal obligation or an essential contractual obligation, our obligation to pay compensation is limited to the foreseeable damage that is typical for the contract.

The warranty period is 12 months, calculated from the transfer of risk. This period is a statute of limitations and also applies to claims for compensation for consequential damages, insofar as no claims from tort are asserted.

8. Joint Liability

Any further liability for damages than that provided for in Section 6 Paragraph 4 - Paragraph 6 is excluded - regardless of the legal nature of the asserted claim.

The regulation according to paragraph 1 does not apply to claims according to §§1,4 Product Liability Act. The same applies to initial inability or impossibility for which we are responsible.

Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

9. Retention of title security

We reserve ownership of the purchased item until all payments from the delivery contract have been received. If the customer behaves in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. Our taking back the purchased item does not constitute a withdrawal from the contract unless we have expressly declared this in writing. If we seize the purchased item, this always constitutes a withdrawal from the contract. After taking back the purchased item, we are authorized to sell it;

The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure them adequately at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.

In the event of attachments or other interventions by third parties, the customer must inform us immediately so that we can file a suit in accordance with §771 ZPO. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of a lawsuit in accordance with Section 771 ZPO, the customer shall be liable for the loss incurred by us.

The customer is entitled to resell the purchased item in the ordinary course of business; However, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) that accrue to him from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of bankruptcy or composition proceedings has been filed or payments have been suspended. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all the information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in relation to the value of the purchased item to the other processed items at the time of processing. For the rest, the same applies to the item resulting from processing as to the purchased item delivered under reservation.

If the purchased item is inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the purchased item to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to us. The customer keeps the resulting sole ownership or co-ownership for us.

The customer also assigns to us the claims to secure our claims against him, which arise against a third party through the connection of the purchased item with real estate.



We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 20%. We are responsible for selecting the securities to be released.

10. Creditworthiness

If, after the conclusion of the contract, we receive information which casts doubt on the buyer's creditworthiness, we can demand payment in advance for our future services. This applies in particular if we learn that bills of exchange or checks have not been honoured. In such cases, all our invoices are due immediately. We can demand security for current bills of exchange or other outstanding amounts.

11. Jurisdiction and Choice of Law

The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN sales law is excluded.

The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is Braunschweig.

12. Place of Performance

Unless otherwise stated in the order confirmation, the place of performance is agreed between the customer and the provider as the place of performance of the provider.