General terms and conditions of sale
Offer and conclusion of contract
The order signed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by sending the ordered goods within this period.
Documents provided
We reserve the property rights and copyrights to all documents provided to the purchaser in connection with the placing of the order - also in electronic form - such as calculations, drawings, etc. These documents may not be made accessible to third parties. These documents may not be made accessible to third parties unless we give the purchaser our express written consent. If we do not accept the orderer's offer within the period of § 1, these documents shall be returned to us without delay.
Prices and payment
Our prices (are) inclusive of value added tax (and packaging costs). Delivery and shipping costs are (not) included in our prices.
Payment of the purchase price shall be made exclusively to the account specified overleaf.
Unless otherwise agreed, the purchase price is payable within 10 days after delivery (alternatives: " ... the purchase price is payable within 21 days after invoicing" or " ... the purchase price is payable by - specific date"). Interest on arrears shall be charged at a rate of 5% above the respective base interest rate p. a. (see Annex 1) shall be charged. We reserve the right to assert a higher damage caused by default. In the event that we assert a higher damage caused by default, the customer shall have the option of proving to us that the damage caused by default asserted was not incurred at all or was incurred in at least a significantly lower amount.
Set-off and rights of retention
The customer shall only be entitled to set-off if his claims have been legally established or are undisputed. The Purchaser shall also be entitled to set-off against our claims if it asserts notices of defects or counterclaims arising from the same purchase contract. The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery time
Unless an expressly binding delivery date has been agreed, our delivery dates or delivery periods are exclusively non-binding information.
The commencement of the delivery period stated by us shall be subject to the timely and proper fulfillment of the customer's obligations. We reserve the right to plead non-performance of the contract.
X weeks after a non-binding delivery date/delivery period has been exceeded, the customer may request us in text form to deliver within a reasonable period. If we culpably fail to meet an express delivery date/period or if we are in default for any other reason, the customer must grant us a reasonable grace period to effect performance. If we allow the period of grace to expire fruitlessly, the customer shall be entitled to withdraw from the purchase contract.
If the customer is in default of acceptance or culpably violates other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. We reserve the right to assert further claims. For its part, the customer shall be entitled to prove that no damage at all or at least substantially less damage has been incurred in the amount demanded. The risk of accidental loss or accidental deterioration of the object of sale shall pass to the Purchaser at the point in time at which the Purchaser is in default of acceptance or debtor's delay.
Further legal claims and rights of the purchaser due to a delay in delivery remain unaffected.
Retention of title
We retain title to the delivered goods until all claims arising from the delivery contract have been paid in full.
As long as the ownership has not yet passed to him, the purchaser is obliged to treat the object of sale with care. In particular, he shall be obliged to insure it adequately at his own expense against theft, fire and water damage at replacement value (note: only permissible in the case of sale of high-value goods). If maintenance and inspection work has to be carried out, the Purchaser shall carry this out in good time at its own expense. As long as ownership has not yet been transferred, the purchaser must inform us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us.