Terms of Service

I. Offer and conclusion of contract
The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by sending the ordered goods within this period.

II. Documents Provided
We reserve the right of ownership and copyright to all documents – also in electronic form – such as calculations, drawings etc. provided to the customer in connection with the placing of the order. 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 specified in Section I., these documents must be returned to us immediately.

III. Prices and Payment
1. The sales tax to be paid by the customer is shown in our prices. Delivery and shipping costs are (not) included in our prices.
2. Payment of the purchase price must be made exclusively to the account specified overleaf. The deduction of cash discount is only permitted with a special written agreement.
3. Unless otherwise agreed, the purchase price is payable within 21 days of invoicing. Interest on arrears will be charged at a rate of 5% pa above the respective base interest rate. The assertion of a higher damage caused by default remains reserved. In the event that we claim a higher damage caused by delay, the customer has the opportunity to prove to us that the damage caused by delay did not occur at all or was at least significantly lower.

IV. Offsetting and Rights of Retention
The customer only has the right to offset if his claims have been legally established or are undisputed. The customer is also entitled to offset against our claims if he asserts complaints or counterclaims from the same purchase contract. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. V. Delivery time
1. Unless an expressly binding delivery date has been agreed, our delivery dates and delivery times are non-binding information.
2. The customer can request us in writing three weeks after exceeding a non-binding delivery date/delivery period to deliver within a reasonable period of time. If we culpably fail to meet an express delivery date/delivery period or if we are in default for another reason, the customer must set us a reasonable period of grace to effect the service. If we let the period of grace elapse without result, the customer is entitled to withdraw from the purchase contract.
3. If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur as a result, including any additional expenses. Further claims remain reserved. For his part, the customer reserves the right to prove that damage of the requested amount did not occur at all or at least was significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the point in time at which he defaults in acceptance or as a debtor.
4. Other legal claims and rights of the customer due to a delay in delivery remain unaffected.

VI. retention of title
1. We reserve ownership of the delivered item until all claims from the delivery contract have been paid in full.
2. The customer is obliged to treat the purchased item with care as long as ownership has not yet passed to him. If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet passed, the customer must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. 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 § 771 ZPO, the customer shall be liable for the loss incurred by us.

VII. Warranty and notification of defects
1. Insofar as the information contained in our brochures, advertisements and other offer documents has not been expressly designated as binding by us, the illustrations or drawings contained there are only approximately authoritative.
2. If the delivered item does not meet the subjective requirements listed below, the objective requirements or the assembly requirements, we are obliged to subsequent performance. This does not apply if we are entitled to refuse subsequent performance based on statutory regulations. The thing does not meet the subjective requirements, if
a) it does not have the quality agreed between the customer and us or
b) it is not suitable for the use stipulated in our contract or
c) it is not handed over with the agreed accessories and the agreed instructions, including assembly and installation instructions. Unless otherwise agreed between the customer and us, taking into account the applicable information and form requirements, the item does not meet the objective requirements if
a) it is not suitable for normal use or
b) it does not have the quality that is customary for items of the same or similar type or
c) if it is not handed over with the accessories including the packaging, the assembly or installation instructions and other instructions that the customer can expect to receive. An effective agreement to the contrary between the customer and us regarding the objective requirements of the item presupposes that the customer has been specifically informed before submitting his contractual declaration that a specific feature of the goods deviates from the objective requirements, and the deviation in this sense expressly and separately agreed in the contract.
3. The customer initially has the choice of whether subsequent performance is to take the form of repairs or a replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen by the customer if it is only possible with disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the customer. During the supplementary performance, the purchaser cannot reduce the purchase price or withdraw from the contract. A subsequent improvement is deemed to have failed with the unsuccessful second attempt, unless something else arises from the nature of the item or the defect or the other circumstances. If the supplementary performance has failed or if we have refused the supplementary performance altogether, the customer can either demand a reduction in the purchase price (reduction) or withdraw from the contract. The customer does not have to set us a deadline for supplementary performance. As soon as the customer has informed us of the defect, a reasonable period has expired and no supplementary performance has taken place by then, the customer is also entitled to withdraw or to a price reduction.
4. Claims for damages based on the following conditions due to the defect can only be asserted by the customer if the supplementary performance has failed or we have refused supplementary performance. The customer does not have to set us a deadline for supplementary performance. As soon as the customer has informed us of the defect, a reasonable period has expired and no supplementary performance has been provided by then, the customer is also entitled to assert claims for damages. The customer's right to assert further claims for damages under the following conditions remains unaffected.
5. Notwithstanding the above provisions and the following limitations of liability, we are fully liable for damage to life, limb and health that is based on a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage that is covered by liability under the Product Liability Act, as well as for all damages based on intentional or grossly negligent breaches of contract as well as fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee for the goods or parts thereof, we are also liable under this guarantee. We are only liable for damage that is based on the lack of the guaranteed quality or durability, but does not occur directly on the goods, if the risk of such damage is clearly covered by the quality and durability guarantee.
6. We are also liable for damage caused by simple negligence, insofar as this negligence relates to the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable if the damage is typically associated with the contract and is foreseeable. For the rest, we are not liable for simple negligent violations of secondary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.
7. Any further liability is excluded regardless of the legal nature of the asserted claim. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.
8. The warranty period is basically 2 years, calculated from the transfer of risk. If a defect has become apparent within the limitation period, the limitation period will not begin before four months have elapsed since the defect first became apparent. If the customer has handed over the goods to us or to a third party at our instigation for subsequent performance or to fulfill claims arising from a guarantee, the limitation period for claims due to the asserted defect does not come into effect before two months have elapsed after the point in time at which the improved or replaced goods have been handed over to the customer. This period also applies to claims for compensation for consequential damages, insofar as no claims from tort are asserted. VIII. Miscellaneous 1. This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG). 2. Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.