general terms and conditions

General Sale and Delivery Conditions

General
The following sale and delivery conditions apply exclusively to all contracts, deliveries and services. We hereby expressly reject any purchasing conditions of the buyer. Additional side agreements, amendments to the concluded contract and amendments to these sale and delivery conditions must be in writing. If the seller is prevented from fulfilling their obligation as a result of the occurrence of unforeseen unusual circumstances that they have not been able to avert in spite of exercising reasonable care in the circumstances, e.g. operational disruption, action by the authorities etc., the seller is released from their delivery obligation.

Deliveries, prices
Our offers are subject to confirmation with regard to prices and availability.
Orders in respect of which fixed prices have not been expressly agreed will be charged at the list price applicable on the date of delivery.
We deliver from the sales outlet at 53474 Bad Neuenahr-Ahrweiler.
If the goods are sent to the buyer at the buyer’s request, this is at the cost and risk of the buyer; this applies also in the event that goods are returned. The buyer bears the transport risk, even if we deliver carriage free, CIF or FOB. “Carriage free” means delivery “free buyer’s address".
Sales tax as applicable (value added tax) is invoiced separately.

Scope of delivery
The buyer must accept the goods immediately upon notification of dispatch readiness. In the event of delay in acceptance on the part of the buyer, we may charge an appropriate storage fee. The statutory consequences of default are not affected.

Delivery periods
Delivery periods are only binding if expressly agreed in writing.

Characteristics of the goods
We provide no guarantee in respect of the goods delivered by us. The information concerning the condition of our goods, either in the contract itself or in our sales documents, including brochures, do not represent any declaration of provision of guarantee in the legal sense. Guarantees of this kind must form the subject of an express written agreement.

Payment
Our invoices are payable strictly nett cash immediately on receipt of goods, unless any special agreements have been concluded. Entitlement to a discount applies only if the buyer is not otherwise in default. We reserve the right to deliver goods only against prepayment or cash on delivery. We are not liable for the presentation of cheques in a timely manner and/or in due form. Bills of exchange are not accepted. If the buyer is in default with the payment of one invoice, the total amount of all claims immediately becomes due for payment. If payment by instalments has been agreed and the buyer is in default with one instalment, for reasons that are attributable to the buyer, the total outstanding amount immediately becomes due for payment. For each reminder letter sent out, the buyer must pay an administration charge of €5.00. In the event of default, the buyer must at least pay interest of 3% above the respective federal discount rate by way of compensation. The buyer must also bear our legal prosecution costs arising in connection with the default, in particular the costs of German and foreign lawyers. If a bonus system is agreed, any bonus entitlement lapses in the event of delay in payment, with retroactive effect for the entire bonus period in which the delay occurs. Security or advance payment of the invoice amount may be required, particularly if we become aware of circumstances that put fulfilment of our payment claim at risk. In addition, where large orders are concerned, intermediate invoices may be presented and part payment required in accordance with work performed.

Retention, set-off
The buyer only has a right of retention if a right to withhold performance arises from the same contractual relationship. Set-off is only permissible if the counter-claim is undisputed or has been confirmed as final and absolute.

Reservation of title
We reserve our ownership of the goods to be delivered by us until full payment of the purchase price and subsidiary claims and until payment of all our other claims arising at the date of delivery. If the buyer is in delay with payment, we can demand the surrender of goods that are subject to retention of title. The taking back of such goods is not at the same time deemed to constitute withdrawal from the contract. The buyer shall hold the goods in our ownership in safe keeping for us free of charge. The buyer hereby assigns to us, by way of security, the claims arising from the further sale of goods which are subject to retention of title to third parties. The buyer is empowered to collect the claims on our account. We can revoke the powers of the buyer to sell on and/or process goods that are subject to retention of title and to collect the amounts receivable, if the buyer is in delay with the fulfilment of any obligations of any kind towards us. The buyer must immediately inform us of any encroachment by third parties on goods that are subject to retention of title, or other items the ownership of which has been transferred for the purposes of security, or the claims assigned. If the value of the item provided by way of security exceeds the claim to be secured by more than 20%, we must at the buyer’s request release items of our choice.

Complaints and warranties
Identifiable defects within the meaning of §§ 377 and 378 of the HGB (German commercial code) must be notified to us immediately, and not later than eight days following receipt of the goods. The timeliness of the notification is based on the date of receipt at our premises. The same notification periods apply in respect of hidden defects as of the date of their discovery. The guarantee provided by us, in the event of a defect, covers the repair or replacement of the goods in question (at our discretion) within an appropriate period. Any further guarantee claims are expressly excluded. If the repair or replacement is not undertaken in a timely manner, or if attempts at repair are unsuccessful, the buyer may cancel the purchase contract. In any event, the buyer must set a grace period of at least 14 days in writing. In the event of repair or replacement, the buyer must at our request send us the goods forming the subject of complaint. If there is a defect that is attributable to us, we will reimburse the carriage costs. If repair works are carried out by the buyer, we will reimburse the costs thereof only if this has been agreed in writing beforehand. If it is established after the repair or the replacement that the defect in question was not attributable to us, the buyer must reimburse the costs incurred by us. If the buyer is a businessman within the meaning of the HGB (German commercial code), the guarantee period is 12 months from receipt of the notification of dispatch readiness, at the latest from the date of delivery. Otherwise, the statutory guarantee period applies.

Compensation
Compensation claims arising from violations of contractual duties, and in cases where a guarantee has been provided by way of exception, are excluded, unless the claims in question are based on malicious intent or gross negligence on the part of the seller or their managerial staff. In such cases, the customer has a right of withdrawal, all other claims being excluded.

Transport packaging
According to §15 VerpackG, manufacturers and subsequent distributors in the supply chain are obliged to take back transport packaging free of charge.

Applicable law, place of performance, court of jurisdiction
The contractual relationship is subject to German law. The Hague Convention on Laws applicable to the international sale of goods is not applicable. If any of the provisions of these conditions of sale and delivery is invalid, this does not affect the validity of the remaining provisions. The place of performance for all services of the contracting partners is Bad Neuenahr-Ahrweiler. The court of jurisdiction for all disputes arising from the contractual relationship and its establishment, and also for claims relating to bad cheques, is the District Court of Bad Neuenahr-Ahrweiler, if the buyer is a businessman within the meaning of the HGB (German commercial code).