Terms and conditions

DRAFT — this text is a framework and must be reviewed by a lawyer before going live. Items marked “EINSETZEN:” are open commercial terms.

The German version of this information is the legally binding one.

Section 1 — Scope

These terms apply to all deliveries and services provided exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code, to legal entities under public law and to special funds under public law. We do not supply consumers.

Differing or supplementary terms of the buyer do not become part of the contract, even where we do not expressly object to them.

Section 2 — Offers and formation of contract

Presentations on this website are non-binding and do not constitute an offer. A contract comes into existence only upon our order confirmation in text form.

Unless stated otherwise, quotations are valid for EINSETZEN: Bindefrist (z. B. 14 Tage) from receipt and are subject to our own supply.

Section 3 — Prices and minimum order

Prices are net, plus value added tax at the applicable rate, and unless agreed otherwise exclude freight, packaging and customs duties.

The minimum order value is EINSETZEN: Mindestbestellwert. For intra-Community supplies a valid VAT identification number must be evidenced before the contract is concluded.

Section 4 — Delivery and lead times

Delivery is made EINSETZEN: Lieferbedingung (z. B. Incoterm 2020, ab Lager). Partial deliveries are permitted where reasonable for the buyer.

Stated delivery dates are non-binding unless expressly confirmed as binding in text form. Where delivery is delayed for reasons outside our control, the lead time is extended accordingly.

Section 5 — Payment

Invoices are payable within EINSETZEN: Zahlungsziel (z. B. 14 Tage netto) of the invoice date without deduction. Any early-payment discount requires a separate agreement.

In the event of late payment, default interest at the statutory rate (section 288(2) of the German Civil Code) is charged. We reserve the right to claim further damages.

The buyer may set off or withhold payment only on the basis of counterclaims that are undisputed or have been finally determined by a court.

Section 6 — Retention of title

The goods remain our property until all claims arising from the business relationship have been paid in full.

The buyer is entitled to resell the goods in the ordinary course of business and hereby assigns to us the resulting claims up to the invoice value.

Section 7 — Inspection and notice of defects

The commercial duty to inspect and give notice under section 377 of the German Commercial Code applies. Obvious defects, shortfalls and transport damage must be notified in text form immediately on receipt; hidden defects immediately on discovery.

Where notice is justified and timely, we will at our option provide replacement goods or a credit note. Goods complained of must be kept unaltered until the matter is resolved.

Claims for defects become time-barred twelve months after delivery, unless mandatory statutory provisions require a longer period.

Section 8 — Liability

We are liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.

In the event of slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract. Liability is otherwise excluded.

Section 9 — Place of performance, jurisdiction, governing law

The place of performance for delivery and payment is EINSETZEN: Erfüllungsort.

Where the buyer is a merchant, the exclusive place of jurisdiction for all disputes arising from the business relationship is EINSETZEN: Gerichtsstand.

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Section 10 — Final provisions

Should any provision be invalid, the validity of the remaining provisions is unaffected.

Amendments and additions must be made in text form. This also applies to any waiver of this requirement.

EINSETZEN: Stand (Monat und Jahr)