Terms and Conditions

All offers, sales and deliveries are made exclusively on the basis of the following terms and conditions. An order shall only be deemed accepted once we have confirmed it in writing; until then, our offer is non-binding.

Telephone or verbal orders, additions, amendments, changes, etc. require our written confirmation to be effective. Any instructions, remarks or similar statements made by the customer that deviate from these terms and conditions shall only be valid if we have acknowledged them in writing.

In the case of customer-specific product designs, manufacturing and, where applicable, assembly shall be carried out exclusively in accordance with the plan drawings previously approved by the customer. Other documents or correspondence shall not be taken into account. Dimensions, weights, illustrations, designations and drawings shall only be binding for execution if we have expressly confirmed them in writing.

We retain the property rights and intellectual property rights in illustrations, drawings, sketches and other documents. They may not be made accessible to third parties without our permission and must be returned upon request.

The purchaser warrants that the execution drawings submitted by them do not infringe third-party intellectual property rights. We are not obliged to check whether third-party rights are infringed by submitting offers based on execution drawings provided by the purchaser and/or during execution. Should we nevertheless incur liability towards third parties, the purchaser shall indemnify us against any recourse claims.

Prices are quoted in euros plus VAT and apply ex works, excluding packaging unless otherwise agreed. All previous prices become invalid upon publication of the new catalogue.

Prices are based on the cost factors applicable on the date of the offer or order confirmation. If the costs of materials and auxiliary supplies, freight and energy, wages and similar factors increase up to the date of delivery, we reserve the right to make a corresponding price increase and/or subsequent charge.

Delivery periods are approximate and non-binding. If clarification questions regarding execution are necessary, the delivery period shall commence on the day such questions have been clarified and both parties have agreed on all terms of the contract. The delivery period refers to completion at our works.

Compliance with delivery periods requires the purchaser’s fulfillment of their contractual obligations and compliance with the agreed payment dates.

Unforeseen events beyond our control—for example operational disruptions due to mobilization, war, blockade, unrest, export and import bans, fire, strike, lockouts, machine breakdown, energy supply issues, shortage of raw and operating materials due to delayed delivery by a subcontractor, excessive scrap in our own works or at subcontractors—shall extend the delivery period appropriately, even if they occur during an existing delay.

These influences, as well as other force majeure events, entitle us to withdraw from the contract in whole or in part, in particular any change in circumstances existing at the time the contract was concluded if this hinders or substantially impairs performance. Partial deliveries are permissible.

Shipping shall in all cases be at the purchaser’s expense and risk, even if delivery is agreed free to the destination. Unless specific instructions are provided, the choice of transport route and means of transport shall be at our discretion, without liability for the cheapest freight.

Risk shall pass to the purchaser upon notification that the goods are ready for dispatch. If dispatch is delayed due to the purchaser’s fault, we are entitled to insure the goods against all relevant risks at the purchaser’s expense.

The freight costs stated in the catalogue apply exclusively to mainland within the Federal Republic of Germany.

Any required and prescribed packaging, insofar as it is not included in the price, will be charged at cost. Packaging will only be taken back if it is in perfect condition and returned to us carriage paid.

We shall only be liable for defective design or faulty workmanship for which we are responsible. We shall only be liable for material defects in the case of materials ordered by us to the extent that we should have detected the defect when applying professional care.

In the case of production according to the purchaser’s drawings, we shall only be liable for execution in accordance with such drawings. If a solution to design tasks is provided to us, warranty claims may only be asserted if the purchaser proves that the product culpably does not comply with the generally recognized state of the art.

Upon acceptance of the goods, the purchaser is obliged to check the packaging for external damage. If external damage is visible, the contents must be inspected immediately. Damage to the goods must be noted in the delivery documents or a damage report, documented by photos, and reported to us without undue delay.

Any complaints regarding the delivery must be made in writing no later than 8 days after receipt of the goods/service. Under the warranty for defects, the purchaser may only demand that unusable parts be repaired free of charge or, at our discretion, replaced with new parts.

For subsequent performance, the purchaser shall deliver the complained-about products to us free of charge. The purchaser shall bear any costs incurred by us due to unjustified notices of defects. We are not obliged to remedy defects as long as the purchaser has not fulfilled their payment obligations.

Warranty shall be excluded if the purchaser has carried out repair work without our consent. The absence of warranted characteristics shall also be deemed a defect within the meaning of these delivery conditions. All further claims of the purchaser are excluded, in particular rescission, reduction, or compensation for damages of any kind.

Unless otherwise agreed, payment shall be made within 10 days with a 2% discount or within 30 days net. Contract work is generally payable net upon receipt of the invoice.

If payments are deferred or made later than agreed, interest at a rate of 2% above the respective discount rate of the Deutsche Bundesbank shall be charged for the interim period, without the need for a separate notice of default.

The refund of payments, the withholding of payments due to justified or unjustified notices of defects, as well as set-off due to any counterclaims of the purchaser disputed by us, are excluded.

If information about the purchaser’s creditworthiness is insufficient for us or if other justified doubts arise, we are entitled to demand advance payments for outstanding deliveries under all ongoing contracts or to withdraw from all or individual delivery contracts by unilateral declaration. Each partial delivery shall be deemed a separate contract.

All deliveries are made ex works or ex warehouse subject to retention of title until receipt of all payments from the supply contract and any other business relationship between the purchaser and us.

Assertion of retention of title and seizure of the delivery item by us shall not be deemed a withdrawal from the contract. We are entitled to insure the delivery item against all relevant risks at the purchaser’s expense unless the purchaser has demonstrably taken out such insurance.

Retention of title also applies if the purchaser has processed or transformed the goods. Our ownership then extends to the item resulting from the processing or transformation, which must be stored for us with due commercial care.

In the event of resale of the delivered goods, including after processing, the purchaser’s claim from the resale shall be deemed assigned to us. The assignment also includes any claim for surrender that the purchaser may have against a third party.

The purchaser is obliged to inform us of the resale of delivered goods, stating the buyer. From the outset, the purchaser grants us the right to notify the third party of the assignment of all claims to us arising from the resale. Necessary documents and information must be provided.

In the event of a material deterioration of the purchaser’s financial situation, as well as the opening of judicial or extrajudicial composition proceedings or bankruptcy proceedings over the purchaser’s assets, the claim shall become immediately due in the amount of all claims owed to the supplier from the business relationship.

Upon conclusion of the order, the parties expressly agree on our respective registered office as the place of performance and jurisdiction for delivery and payment. If the purchaser is not a merchant within the meaning of Section 4 of the German Commercial Code (HGB), this agreement shall nevertheless apply to the assertion of our payment claims by way of order for payment proceedings.

Our products are designed and intended for use within the European legal area. If our products are sold or used outside the European Union, the respective importer shall be responsible for complying with the relevant regulations and laws and for any liability claims that may arise from the use of our products.

The law of the Federal Republic of Germany applies to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods). These terms and conditions are governed by German law. German law shall exclusively apply to contracts concluded on this basis and their interpretation.

Purchasing conditions of the purchaser that conflict with these terms and conditions shall not be binding on us, even if the purchaser bases their order on them and we do not expressly object to their content.

The supply contract shall not become invalid as a whole due to the invalidity of individual provisions. Invalid provisions shall be replaced by an effective provision that corresponds to or comes as close as possible to their intended purpose.