GTC – General Terms and Conditions

§ 1 Scope of application – subject matter of the contract

1. Our GTC apply to the delivery of movable goods in accordance with the contract concluded between us and the customer.
2. Our GTC apply exclusively; we do not recognize any terms and conditions of the customer that conflict with or deviate from our GTC unless we have expressly agreed to their validity in writing. Our GTC shall also apply if we carry out the delivery without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our terms and conditions.
3. Our GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.

§ 2 Offer and conclusion of contract – offer documents

1. The customer’s order shall constitute a binding offer which we shall accept within one week by We shall be entitled to accept the offer only after sending an order confirmation or by delivering the goods. Offers submitted by us in advance are non-binding.
2. We reserve the property rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to such written documents that are designated as “confidential”. are. The client requires our express written consent before passing them on to third parties.

§ 3 Prices and terms of payment

1. The purchase price offered is binding. The statutory sales tax is included for consumers.
2. If the customer is an entrepreneur, we only state the net price. The statutory value added tax is therefore not included in our prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.
3. If the customer is a consumer, price changes are permissible if there are more than four months between the conclusion of the contract and the agreed delivery date. If wages or material costs change thereafter until delivery, we shall be entitled to change the price appropriately in accordance with the cost increases or cost reductions. The customer is only entitled to withdraw from the contract if a price increase significantly exceeds the increase in the general cost of living between the order and delivery.
4. If the customer is an entrepreneur, the agreed price shall apply. If the price has changed at the time of performance of the service due to a change in the market price or an increase in the costs incurred by the customer for the provision of the service, the agreed price shall apply. If the fees charged by the third parties involved increase, the higher price shall apply. If this is 20% or more above the agreed price, the customer has the right to withdraw from the contract. This right must be asserted immediately after notification of the increased price.
5. The total payment is due within ten days of receipt of the goods and without discount. unless otherwise agreed. The statutory rules regarding the consequences of the Default in payment.
6. The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or recognized by us. If the customer is an entrepreneur, he is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 4 Time of performance – transfer of risk

1. If delivery deadlines have been specified by us and made the basis for placing the order, such deadlines shall be extended in the event of strikes and cases of force majeure for the duration of the delay. The same applies if the customer does not fulfill any obligations to cooperate.
2. If the customer is an entrepreneur, delivery “ex works” is agreed, unless otherwise stated in the order confirmation.

§ 5 Liability for defects

1. If the customer is a consumer, we shall be liable in accordance with the statutory provisions in the event of a defect, insofar as no restrictions result from the following. The consumer must notify us in writing of any obvious defects within two weeks of the defect occurring. If the notification is not made within the aforementioned period, the warranty rights shall lapse. This shall not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.have assumed a guarantee for the quality of the goods.
2. If the customer is an entrepreneur, we reserve the right to choose the type of subsequent performance in the event of a defect.
3. If the customer is a consumer, the limitation period for claims for defects in the delivery of new two years for the delivery of used goods and one year for the delivery of used goods. The period begins with the transfer of risk. This does not apply to claims for damages due to defects. Section 6 applies to claims for damages due to a defect.
4. If the customer is an entrepreneur, the warranty period is always one year. The limitation period in the case of of a delivery recourse according to §§ 478, 479 BGB remains unaffected. This shall not apply insofar as claims for damages due to defects. Section 6 applies to claims for damages due to a defect.
5. The client does not receive any guarantees from us in the legal sense.

§ 6 Liability for damages

1. Our liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to life, body and health of the customer, claims for breach of cardinal obligations and compensation for damages caused by delay (§ 286 BGB). In this respect, we shall be liable for any degree of fault.
2. The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
3. Insofar as liability for damages that are not based on injury to life, limb or health of the client is not excluded for slight negligence, such claims shall become time-barred within one year from the time the claim arises or, in the case of claims for damages due to a defect, from the time the item is handed over.
4. Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

§ 7 Retention of title

1. In the case of contracts with consumers, we reserve title to the object of purchase until the purchase price has been paid in full.
2. If the customer is an entrepreneur, we reserve title to the goods until all claims against the customer have been settled , even if the specific goods have already been paid for.
3. The customer must inform us immediately of any enforcement measures taken by third parties against the reserved goods , handing over the documents necessary for an intervention; this also applies to impairments of any other kind. Irrespective of this, the customer must inform the third parties in advance of the existing rights to the goods. If the customer is an entrepreneur, he must notify our costs of a intervention if the third party is not in a position to reimburse this.
4. If the customer is an entrepreneur, he hereby assigns to us as security all claims against his customers arising from the aforementioned transactions in the event of resale/rental of the goods subject to retention of title until all our claims have been satisfied. If the reserved goods are processed, transformed or combined with another item, we shall directly acquire ownership of the manufactured item. This shall be deemed to be reserved goods.
5. If the value of the security exceeds our claims against the customer by more than 20%, we shall, at the customer’s request and at our discretion, release securities to which we are entitled to a corresponding extent.

§ 8 Limitation of own claims

Notwithstanding § 195 BGB, our claims for payment of the remuneration for work shall become time-barred after five years. With regard to the start of the limitation period, § 199 BGB shall apply.

§ 9 Form of declarations

Legally relevant declarations and notifications that the customer must make to us or a third party must be made in writing.

§ 10 Place of performance – choice of law – place of jurisdiction

1. Unless otherwise stipulated in the contract, the place of performance and payment shall be our registered office.
2. The contract is governed by the law of the Federal Republic of Germany; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
3. The exclusive place of jurisdiction for contracts with merchants, legal entities under publiclaw or special funds under public law is the court responsible for our registered office.