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Standard Terms and Conditions

  (dated 01.01.2002)

1.
All quotations, deliveries and services are subject to our Standard Terms and Conditions These also apply to all our future business relations. If the buyer's conditions of business or purchase conflict with these Standard Terms and Conditions, they are hereby rejected.

2.
Drawings, images, dimensions, weights and other data do not constitute agreed qualities within the meaning of Section 434 para. 1 clause 1 of the BGB (German Civil Code). Such specifications are only binding if this is expressly agreed in writing. Samples only serve as illustrations for information and are not binding.

3.
The prices we quote are net prices and subject to statutory VAT.

If there is a space of more than four months between conclusion of the contract and the agreed and/or actual delivery date, our prices valid at the time of delivery or placement at the buyer's disposal shall apply. If the latter prices exceed those originally agreed by more than 5%, the buyer is entitled to withdraw from the contract.

4.
Delivery dates and delivery periods are only binding if agreed in writing.

5.
Invoices must be paid in full within 30 days of the invoice date. A 2% discount is granted on invoices paid within 14 days unless otherwise agreed.

6.
If the buyer defaults on payment or if we find out that the buyer’s creditworthiness is in doubt, we are entitled to demand due payment of all outstanding claims. Moreover, we reserve the right to withdraw from any ongoing contracts in part or in full. We can make any outstanding orders dependent on payments in advance or provision of security.

7.
The buyer only has the right to withhold payment or offset counterclaims if the buyer’s counterclaims are uncontested or established at law.
The buyer is only entitled to assign claims against us if we have previously agreed to this in writing.
We are entitled to offset any credit notes issued by us against outstanding claims against the client at any time.

8.
We must receive written notification of any apparent defects in our deliveries, including deliveries of incorrect quantities or of goods other than those ordered, no later than eight days after the delivery. We must receive notification from the buyer of any hidden defects within eight days of their discovery.

9.
When enforcing warranty claims, the buyer must first allow us the necessary time and opportunity to make any repairs/improvements and/or replacement deliveries that we consider necessary; otherwise we are exempted from all liability for any consequences that may arise. Only in urgent cases, for example, to prevent otherwise unavoidable, disproportionately extensive damage, which must be reported to us immediately, does the buyer have the right to rectify the fault him/herself or have a third party do this and demand from us reimbursement of the necessary costs entailed.
We do not accept any responsibility for inappropriate or improper use, incorrect or negligent treatment and/or storage or incorrect processing of the goods supplied by us. Equally, we are also not liable for the consequences of any improper repairs or improvements on the part of the buyer or a third party.

10.
We shall not be liable - on whatever legal grounds - for damage caused to anything other than the item supplied by us except in cases of deliberate intent, gross negligence on the part of our executive bodies or employees in managerial positions, culpable injury to life, body and health, malicious concealment of defects, breach of a warrant of qualities given by us and in as far as the German product liability law specifies liability for personal injury and damage to privately used items. In the case of culpable breach of substantive contractual obligations, we shall also be liable for gross negligence on the part of employees not in managerial positions and for slight negligence; in the latter case, liability shall be limited to reasonably foreseeable damage typical for this type of contract.
If the buyer cannot use the goods according to the contract through our fault because we have failed to implement, or have incorrectly implemented, suggestions made or advice given before or after conclusion of the contract, or because we have not fulfilled other accessory obligations, particularly to provide instructions for processing the goods, the above sections apply accordingly.
Any further claims are excluded.

11.
All the buyer’s claims - on whatever legal grounds - expire in 12 months, apart from warranty claims from consumers for faults in new goods supplied to consumers by us, which expire two years from the statutory start of the expiry period.
The statutory limitation periods apply for intentional or grossly negligent behaviour and for claims in accordance with the German product liability law. These also apply to defects in goods supplied by us which have been used for a structure in accordance with their normal use.

12.
We reserve ownership of the supplied goods (reserved goods) until all the claims against the buyer to which we are entitled now or in the future, on whatever legal grounds, are satisfied.
Any processing or transformation of the purchased item is always carried out by the buyer on our behalf but without any obligation on our part. If the reserved goods are processed or mixed with other items not belonging to us, we shall acquire joint ownership of the new item proportionate to the value of the purchased item in relation to the processed or mixed items at the time the processing or mixing took place. If another of the jointly processed or mixed items is considered the main item, the buyer must assign to us joint ownership of the new item proportionately.
In the event of seizure or other third-party action against the reserved goods, the buyer shall point out our ownership and immediately inform us of this in writing. The buyer shall be entitled to process and sell the reserved goods within the scope of the ordinary course of business.
The buyer's claims in the reserved goods arising from the processing or reselling of the reserved goods or from other legal grounds (insurance, tortious acts, etc.) shall be fully assigned to us by way of security.
Should the value of the securities due to us exceed our overall claims by more than 20%, we undertake to release securities in this amount at the buyer's request.

13.
For orders from businesses the place of performance for the obligations of both parties shall be the location of our warehouses from which the particular delivery is made.

14.
The place of jurisdiction for legal disputes arising from orders from businesses is Stuttgart. However, we also reserve the right to take legal action at the place of general jurisdiction of the buyer.

15.
In accordance with the German Data Protection Act, we should like to point out that we process and file our customers’ data electronically.