Conditions of Use

Terms & Conditions

1. General/Signing of contract: Purchasing orders up to 1000 Euros are immediately valid after written (also electronically) order of the customer. Cancellations have to be confirmed immediately in the same way (written or electronically). For purchasing orders with a higher value than 1000 Euros a signed order confirmation is necessary for the contract.

2. Prices and payment terms

2.1.For the delivery the list prices at the moment of ordering are valid.

2.2. Freight charges or other ancilliary services are added to our list prices, except other acknowledgements are agreed by all parties (written or electronically).

2.3. Our invoices are due immediately and net, to pay without discount. Payments are completed, when we have them at our disposal. In case of delay of payment we charge default interests amounting to 5 % more than the basic interest percentage of the European Central Bank. Acceptances or checks only are agreed after acknowledgement and only are valid as payment after encashment. Discount ant encashment fees are charged to the purchaser. We don't assume liability for submission on time.

2.4. The purchaser only is not allowed to retain the payment.

3. Delivery time

3.1.The agreed delivery time starts with the order. In case of online orders or auctions, the payment term is "in advance" and point 2.2 is not valid.

3.2. The delivery time can be extended until the purchaser has given all details and information which are necessary for execution of the order.

3.3. Delays in delivery, which are caused by legal or governmental decrees (i. e. restrictions of import and export) and are not accounted by us, exted the delivery time according to the duration of the obstruction. In important cases we will communicate the begin and the ending to the purchaser.

3.4. Is a delay in delivery caused by us, our obligation for compensation of damages in case of negligence is restricted up to the value of the predictable damages. Further compensation only can be claimed in case of intention or willful negligence.

4. Delivery, shipment and transfer of perils

4.1. Partial deliveries are allowed, if it is reasonalble for the customer.

4.2.The method of shipment, the route of dispatch and the forwarder are choosen by us.

4.3.The perils are transfered to the customer, as soon as the the shipment with the goods is delivered by the forwarder. The customer has to inform the forwarder and us about apparent and eventually stated transport damages immediately, in order to be able to enforce any claims.

5. Right of withdrawal in case of distant selling

5.1. Within Germany the customer has the right of withdrawal within two weeks after receipt of delivery, without any reasons. The withdrawal can be done in written form or by returning the goods in due time. The freight charges for return shipments has to be beared by the customer, ex works or freight collected shipments will be refused by us.

5.2. If the customer makes use of the right of withdrawal, he bears the return charges, if the value of the goods is not higher than 40.00 Euros. Decrease of value caused by general use has to be reimbursed by the customer, except the case, the decrease of value is caused by control of the goods. Decreases of value can be avoided, when the goods are treated carefully, not  modified, used or processed.

5.3. Goods which are produced according to specifiactions or designs of customers are not subject to right of withdrawal.

6. Withdrawal by obligingness / refusal of acceptance

6.1. After expiry of the 15-days-deadline for cancellation the return of goods only is accepted in case of verifiable wrong delivery. In case of request for change, withdrawal of credit note, which cause can't be accounted for, a written confirmation by the sales person is mandatory. It is mandatory, that the goods are resalable and in a good manner. The amount of the credit note depends on the resale-price at the time of arrival at our incoming goods department, less a cancellation-/handling fee of 15 % of the invoice value.

6.2. If a customer refuses the ordered goods, we are entitled to insist on the acceptance or to charge 15 % of the sales price for handling charge, except the customer can proof, that a disprofit did not or hardly emerge from the transaction. In case of a an extremely high disprofit we reserve our right for claim of the disprofit. In case of default of acceptance of the customer we are entitled to stock the goods in our warehouse, at a forwarder or a storekeeper, the customer has to bear risk and charges. During the default of acceptance the customer has to bear the storage charges without a further approval, flat 15.00 €/month. The compensation flat is reduced according to the proof of the customer, that expenses or a disprofit did not emerge. In case of extraordinary high storage charges we reserve our right for claiming them.

7. Reservation of proprietary rights

7.1. We reserve our propriety at the goods until the whole payment of the contract is completed, including additional claims (i. e. charges for draft, interests etc.). In case of behaviour of the customer contrary to the contract we are entitled to claim back the goods. The withdrawal and the garnishment of the goods are no resignation of the contract.

7.2. In case of garnishment or intervention by a third party the customer has to inform us immediately.

7.3. Processing or changing of the goods for the customer always has to be done by us. If the goods are processed with objects which are not our propriety, we acquire the co-ownership on the new good in proportion of the value to the other, processed objects during the time of processing.

8. Warranty/disclaimer

8.1. We guarantee for 24 months after date of delivery, that the delivered goods are free of failures according to the particular state of the technology. A guarantee for normal usage is excluded. Insignificant variations of colour, dimension and/or other quality or perfomance features of the goods are no subject for any claims of the customer, specially guarantee.

8.2. We do not grant warranty for damages which are caused by improper or incorrect use.

8.3. The guarantee expires, if the customer makes changes or instructs other persons to make changes, which are not authorized by us, if the damage is caused by these changes.

8.4. We have to be informed about evident damates immediately, latest five working days after receipt of the delivery, in written form, otherwise all claims for damages are obviated. 

8.5.If a damage of the goods appears within one year after delivery date, the customer can choose between assertion of the right for repair or replacement delivery. In case of replacement delivery the change into higher valued products immediately is accepted. If the choosen replacement delivery causes disproportional high costs for us, the claim is reduced to the remaining supplementary performance. Further rights, specially the cancellation of the contract only can be claimed after an adequate period of time for supplementary performance or twice fail of the supplementary performance.

8.6. After end of the first year the claims for remediation normally are limited, because the industry-sector-specific costs mostly are disproportionally high. Further rights, specially the cancellation of the contract, only can be claimed after an adequate period of time for supplementary performance or twice fail of the supplementary performance.

8.7. If the customer is an entrepreneur, we are within a year allowed to choose the method of remedial action or replacement delivery. After end of one year the claims of the customer are restricted to remedial action or credit note according to present value, subject to our choice. If the entrepreneur claims reimbursement of expenses, this is restricted to max. 2 % of the primary value of the goods. 

8,8. An exchange within the warranty period does not enact any new warranty claims.

8.9. Further claims of the customer are excluded, if there is no other agreement.  We are not liable for damages, which did not appear on the goods itselves. We are not liable for neglected gains or other economic loss of the customer. Limitation of liability is not valid, if the damage is caused by intention, gross negligence of missing of a guaranteed feature, neglect of agreed duty, failure to meet an obligation, impossibility or claims of the German Product Liability Act, §§ 1 and 4.

8.10. Please pay attention to the information in our actual return and service agreements for conditions of handling.

9.Withdrawal in case of decline of capital

We can withdraw from the contract, if we are informed about cessation of payment, start of insolvency proceedings, decline of the insolvency proceedings due to the lack of capability, check of bill protest or other concrete indication for decline of capital of the customer.

10. Use of customer data

We are allowed to use all data of the customer which concerns the business connections according to the German Data Protection Act.

11. Export license

If the export of the goods is subject to license, the customer is fully responsible for a license of the German authority Bundesausfuhramt. If no export license is granted, the customer has no right to cancel the contract.

12. Court of jurisdiction, partial invalidity, applicable right

12.1. In case of business connections with entrepreneurs who don't belong to the businessmen described in § 4 of the German HGB and with persons of the public law, the court of jurisdiction for all legal actions caused by the contract, including actions on bills and cheques, will be Munich, but we also are entitled to take action on the business location of the customer.

12.2. In case of invalidity of single terms of the contract or this general condition all the other clauses remain effective. In case of transborder deliveries German right is valid.