I. General – Applicability

1. The following Delivery Conditions [hereinafter referred to as “our Delivery Conditions”] shall apply to all contracts concluded between us and the customer. We do not acknowledge provisions that conflict with these conditions or customer provisions deviating herefrom, unless we have expressly agreed to their effectiveness in writing. Our Delivery Conditions shall also apply when we, knowing of conflicting customer provisions or of customer provisions deviating form our conditions, make delivery without reservation to the customer.

2. Our Delivery Conditions shall also apply to all future business transactions with the customer within the context of its routine business activities.

II. Offer

1. Our offer is provisional insofar as the order confirmation does not contain anything to the contrary or we have not otherwise explicitly agreed in writing. Our offer applies only within the EU and Switzerland. A contract shall first arise when we confirm an order in writing or perform on the basis of the order.

2. We retain all copyrights and proprietary rights to diagrams, catalogues, calculations, and other documents; they shall not be provided to third parties without our express written approval.

III. Price – Payment Conditions

1. All prices are given in EURO. Our prices do not include statutory VAT. Prices are those stated in the price list at order date.

2. Minimum order amount 150,00 €; our prices do not include packaging and transportation costs; these costs are charged extra by general mailing expenses.

3. Prefered payment methods: prepayment, credit card, (no payment made by direct debit) and within Germany C.O.D. Bank transfer fees and foreign bank transfers occur generally on the customers account.

4. We accept payment on invoice in predefined exceptions. All invoices for performance of our contractual obligations shall be paid within 10 days of invoice receipt in EURO. If the customers’ payment is delayed, we are entitled to charge the statutory interest of 8 % above current prime rate (§ 288 II German Civil Code).

5. The customer is entitled to a set-off or assertion of a right of retention or right to refuse acceptance of performance only when its counterclaims are finally established, undisputed or accepted by us. The exercise of a right of retention also requires that the customers’ counterclaim be based upon the same contractual relationships.

IV. Delivery Time

1. Delivery dates or deadlines are non-binding information, to the extent not otherwise expressly agreed upon in writing.

2. There is no delay in the statutory sense when delivery retardings are caused by unforseeable events for which we are not responsible (for example, malfunctions, strikes, lockouts, shortage of transport means, difficulties in obtaining raw materials, governmental orders, or delivery delays by our suppliers) or by force majeure. The agreed upon delivery deadline shall be extended by the length of the impediment. If the impediment lasts longer than two months both contracting parties are entitled after the unsuccessful setting of a reasonable amount of time, to withdraw as to the non-fulfilled portions of the contract.

3. We shall indemnify the customer for delivery delay only when the delivery delay is caused by an intentional grossly negligent breach of the agreement. This limitation of liability does not apply to the extent a commercial Fixgeschäft (agreement with a specific deadline for performance) within the meaning of § 376 German Commercial Code was agreed upon or when the customer, because of a delay for which we are responsible, can assert that it is no longer interested in fulfillment of the contract.

4. For cases in number IV.3, our liability is limited to foreseeable, typically arising damages, except when the delivery delay was caused by an intentional breach of the contract.

5. In the event the customer defaults on acceptance or breaches another of its duties to cooperate, we are entitled to demand the damages we have incurred, including any additional expenses. In such a case, the risk of loss or deterioration of the goods also transfers to the customer, at the point in time it defaulted on acceptance.

6. We are entitled to make partial deliveries.



















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