These conditions are the contractual basis of our business relationships with our customers and become subject matter of the contract upon acceptance of an order by us.
Verbal supplementary agreements require our written confirmation to be legally binding.
Business conditions of the customer are not recognized by us except when we have agreed to them in written form.
2. Conclusion of a Contract
Our offers are without engagement. We are only bound to our written order confirmations.
Delivery dates are only binding for us if they are designated as such in an offer or an order confirmation. Partial deliveries are permissible as long as they are economically acceptable for the customer. Our written order confirmation is the authoritative document defining the scope of the delivery.
If the customer has not specifically stipulated special packing, we have the right to choose a suitable packing.
5. Conditions of Payment
Payments are to be paid according to the contractual agreements.
In the case of the customer being in default with payment we are entitled to demand interest at the rate of 2 percentage points above the respective applicable basis interest rate without prejudice to our other or further rights
6. Claims in case of defects
The customer is obliged to give written notice of recognizable defects within one week after delivery.
Hidden defects must be claimed within one week after discovery. These deadlines are preclusion period.
If there is a defect in the stated delivery, we are entitled at our choice to either rectify the defect or provide a replacement delivery
7. Reservation of Title
We retain title in the goods until the purchase price has been completely paid.
We authorize the customer to, in the ordinary course of business, dispose of the goods. He, however, already assigns to us all claims equal to the final invoice amount, accruing to him for the resale against his buyer or a third party. The customer remains entitled to collect such claim even after the assignment. Our right to collect such claim ourselves, remains unaffected thereby.
German Law applies with the exclusion of eventual referral rules of German International Private Law. The UN Convention on Contracts for the International Sale of Goods is excluded (CISG).
Exclusive place of jurisdiction for disputes arising from our business relationships with the customer is the seat of our company.
When individual provisions are invalid, the invalidity shall be limited to such provision. The parties are obligated to replace the invalid provision with one that comes closest, in a valid manner, to the economic meaning and purpose of the invalid provision; the same applies to eventual gaps in the contract.