General information

1. These Terms and Conditions of Sale and Delivery apply to all business dealings, sales and other legal transactions between us and our customers. Any deviating agreements or additions are only binding if we confirm them in writing. The customer waives the right to apply their own terms and conditions of purchase unless they expressly object and agree special terms with us.
2. All legal relationships between us and our customers are governed exclusively by German law.
3. Quotations are always subject to change. We have taken every care to ensure the accuracy of all information, such as dimensions, weights, illustrations, descriptions, assembly diagrams and other printed materials; however, this information is not binding on us. The same applies to information provided by the manufacturers. We reserve the copyright and ownership rights to all documents provided by us. They may not be copied or handed over to third parties for any purpose without our express permission. We do not provide design documents.

II.  Scope of delivery

The scope of the delivery shall be determined exclusively by our written order confirmation. Any collateral agreements or representations of any kind, including those made by our representatives or other employees, require our written confirmation to be legally valid.

Complaints regarding deliveries must be made in writing within one week at the latest.

III. Prices and delivery

1. Should the cost factors underlying our price calculation – arising from raw material prices, energy costs, wages and salaries, freight charges and taxes – increase between the time of order confirmation and delivery, we reserve the right to make a corresponding price adjustment. Should the resulting price increase amount to more than 10% of the price of the relevant parts of the contract, the customer may withdraw from the relevant parts of the contract within a period of 8 days of receiving notification of the price increase. Our prices do not include statutory VAT.
2. Shipment is made at the customer’s risk and expense. Risk passes to the customer upon notification that the goods are ready for dispatch. Insurance against transport damage, loss in transit and breakage is provided only at the customer’s express request and at their expense. In the absence of shipping instructions, dispatch shall be carried out at our discretion, but without any guarantee that this will be the cheapest option. Goods that have not been collected by the agreed delivery date shall be stored at cost and charged to the purchaser.
3. The packaging is charged at cost price and we do not accept returns.

IV. Delivery

1. The stated delivery time is to be regarded as an approximate estimate only and is not binding on us, unless we have expressly confirmed the dates as binding. The delivery period shall be deemed to have been met if the goods have left the factory/warehouse within this period or, where dispatch is possible, notification has been given that the goods are ready for dispatch. Failure to meet delivery deadlines does not release the customer from their obligations. Delays in delivery due to circumstances beyond our control or force majeure exclude claims for damages, replacement goods and withdrawal from the contract. In the event of a delay in delivery for which we are responsible, a reasonable grace period of at least three weeks must be granted to us, after which the customer is entitled to withdraw from the contract. The customer is also entitled to the right of withdrawal in cases of inability to deliver. Claims for damages are excluded.
2. Partial deliveries are permitted.

V. Terms of payment

1. Payment for our deliveries is due immediately without any deduction or, if different arrangements have been made, within the agreed payment term.
2. Where partial deliveries are necessary in the case of call-off or collective orders, we are entitled to invoice these separately.
3. If payment deadlines are not met, we are entitled to the following rights:

4. to withdraw from all contracts and claim damages for non-performance, to enforce our retention of title, to take possession of the goods delivered, to demand security, to realise any security provided, and to declare all outstanding payments due and payable. In the event of default, the goods delivered by us must be stored separately and clearly marked as our property.
5. to charge default interest at a rate of 8% above the applicable base rate from the due date
6. to claim further damages for delay
7. Where bankable bills of exchange are accepted, the discount charges and all other expenses shall be borne by the drawee.
8. Payment for the goods delivered must be made even if rework is required on the goods, regardless of whether this falls within the scope of our warranty obligations. The customer is not entitled to set off or withhold payment on the basis of counterclaims.

VI. Retention of title

1. All our deliveries are made exclusively subject to retention of title. Title shall not pass to the customer until they have settled all their outstanding obligations to us. In the case of ongoing accounts, the retention of title shall also serve as security for our claims for the balance due. The customer may only sell or process the delivered goods in the ordinary course of business and must not agree any prohibition on assignment with their own customers. The customer is not permitted to pledge the goods or transfer them by way of security. Any impairment of our rights, in particular seizures, must be notified to us in writing without delay.
2. Upon the entry into force of these Terms and Conditions of Sale and Delivery, the Customer assigns to us all claims, together with all ancillary rights and securities, until all our claims arising from future sales by the Customer to its customers of goods delivered by us have been settled in full, If the goods subject to retention of title are processed or resold together with other goods, this advance assignment shall apply only to the extent of the invoice value of the goods subject to retention of title. If the value of the assignments and securities provided to us exceeds our claims by more than 20% in total, we shall be obliged, at the customer’s request, to release corresponding securities at our discretion. At our request, the customer is obliged to notify its buyer of the assignment and to provide us with the information and documents necessary for us to assert our rights against the buyer. We are entitled to notify our customer’s buyer of the assignment ourselves. The customer is authorised to collect the assigned claims on our behalf, but only for as long as they fulfil their contractual payment obligations towards us. We may revoke the authorisation to collect the claim. Notification of the assignment to the customer’s buyer shall also constitute revocation. The customer must keep the collected amounts in a separate account and transfer them to us without delay.
3. The customer shall carry out any processing or treatment of the goods subject to retention of title on our behalf, without this giving rise to any obligations on our part. In the event of the goods subject to retention of title being processed, combined, mixed or blended with other goods not belonging to us, we shall be entitled to a share of co-ownership in the new items in proportion to the value of the goods subject to retention of title in relation to the other processed goods at the time of processing, combining, blending or mixing. Should the customer acquire sole ownership of the new item, it is hereby agreed that the customer shall grant us co-ownership of the new item in proportion to the value of the processed or combined, mixed or blended goods subject to retention of title and shall hold this in safekeeping for us free of charge.

VII. Warranty, Liability, Complaints

1. We are liable only for defects caused by material or manufacturing faults, and only within the warranty period granted to us by our suppliers. If a complaint regarding a defect is justified, the customer is entitled to have the defect rectified or to receive a replacement of the defective parts free of charge within a reasonable period. The customer has the right to withdraw from the contract if a reasonable grace period granted to us expires without a replacement having been provided or the defect having been rectified. Notifications of defects must be received by us in writing without delay, and no later than one week after the goods have arrived at their destination. Defects which cannot be detected within this period, even upon careful inspection, must be reported in writing immediately upon discovery. Claims for defects are excluded one year after the goods have arrived at their destination. The customer is not entitled to a reduction in price. Claims for damages arising from impossibility of performance, delay, breach of contract, fault at the time of conclusion of the contract, or tort are likewise excluded, unless they have been caused by us or one of our senior executives, employees or vicarious agents through wilful misconduct or gross negligence. This disclaimer of liability shall not apply where any claims for damages arise from injury to life, limb or health. The total amount of any liability – regardless of the legal basis – is limited to the purchase price, specifically for all claims for damages by the customer that do not arise from injury to life, limb or health.

VIII. Place of performance and jurisdiction

The place of performance for delivery is the respective point of dispatch of the goods. The exclusive place of jurisdiction, including for actions relating to bills of exchange and cheques, is Traunstein.