Terms and Conditions

1. General provisions
1.1 The following conditions shall apply exclusively and are an essential part of our contract deals and sales contracts. Conditions of the customer we do not recognize, even if we do not expressly object to them, unless we have expressly agreed in writing to their validity. Our terms and conditions also apply exclusively if we carry are aware of conflicting or deviating from our terms and conditions of the buyer, the delivery to the purchaser without reservation.

2. Offer and Conclusion
2.1 Our offers are not-binding and without obligation. A contract is only concluded when we confirm the order of the Purchaser in writing or deliver the goods.
2.2 Verbal and telephone agreements to be legally our written confirmation. The same applies to supplements, amendments or additional agreements.
2.3 Drawings, illustrations, dimensions, weights or other performance data are only binding if expressly agreed in writing.

3. Prices and Payment
3.1 Our prices are, unless otherwise agreed, uninsured from stock or works, excluding packaging and plus the applicable VAT.
3.2 Information contained in brochures, advertisements, price lists and catalogs are only approximate unless they are expressly designated as binding.
3.3 Our invoices are basically due immediately without deduction. Payment within 10 days ( payment date), we grant a discount of 2 % of product value.
3.4 We are entitled to make without giving reasons, the delivery of a payment train to train dependent. If for us after conclusion of the contract can be seen that our claim is at risk for consideration by lack of the buyer, we are entitled to demand advance payment or security deposit. The same applies if the buyer is in default of acceptance or has already breached agreed payment terms.
3.5 We reserve the right to refuse checks or bills of exchange explicitly. The acceptance is always conditional payment. Discount - and expenses shall be borne by the buyer and are due immediately.
3.6 If the purchaser is in default of payment, we are entitled to charge default interest at the rate of 8% above the base rate. The claim for higher damages remains reserved.
3.7 For each reminder after the due date will be additionally charged 5.00 euros. In the event of default, any forbearance agreements and agreed payment shall be invalid.

4. Delivery
4.1 Delivery will be made by shipping. We determine the shipping company or shipping agent.
4.2 We endeavor to take the fastest possible delivery and adherence to delivery times or dates. The dates and deadlines specified by us towards merchants are not binding unless expressly agreed otherwise in writing.
4.3 We are entitled to partial deliveries and partial services in reasonable amounts at any time.
4.4 Unless we are in default with our performance more than four weeks, the buyer can contact only withdraw from the contract if a grace period of at least six weeks was put in writing and passed without result. The grace period begins with the receipt of the formal notice. Damages for non- fulfillment can only be requested by the purchaser, if we or our vicarious agents have acted with intent or gross negligence. The extended liability under § 287 BGB is excluded.
4.5 Compared to the trader is still the following:
4.5.1 Delivery is subject to correct and punctual delivery as well as the safe arrival of the goods. Delivery and performance delays due to force majeure or similar after the conclusion emerging, we are not influencing circumstances, such as labor disputes, governmental orders, even if they occur at our suppliers or their subcontractors, we are not responsible. In these cases the delivery time will be extended by the duration of the hindrance plus a reasonable start-up period, but no later than three months. After this period, both parties are entitled to withdraw from the contract so far. The same applies if a party suffers significant disadvantages due to the delay.
4.5.2 Claims for damages by the purchaser due to delayed Supplies as well as claims for damages instead of performance in all cases of delayed Supplies even upon expiry of a deadline set for Supplies. This does not apply in cases of intent, gross negligence, or injury of life, body or health of mandatory liability. May rescind the contract by the buyer within the statutory provisions only if we are responsible for the delay in delivery. A change in the burden of proof to the detriment of the buyer is not connected with the above provisions.

5. Transfer of risk
5.1 Deliveries shall be made at our option, by post, rail, shipping or own car.
5.2 For sales contracts with traders applies: The goods travel at the risk and expense of the purchaser. This also applies to any return shipments. The risk passes to the buyer when the goods have been transferred to the executing the transport carrier or the shipper. This applies even if partial deliveries are made or we have other services such as Dispatch costs have delivery and installation. Performs the dispatch at the request of the buyer or for any other reason that is in the sphere of the purchaser to a date later than the earliest possible delivery date, the risk is with the notification of readiness for shipment to the buyer.
5.3 At the buyer's request, we will insure the shipment at buyer's expense against theft, breakage, transport, fire and water damage and other risks.

6. Retention of title
6.1 We reserve title to the goods until full payment of all existing claims from the business relationship. If the value of all security interests, which we are entitled, the amount of all secured claims by more than 20%, we shall release the Buyer's request part of the respective security interests.
6.2 The purchaser is entitled to process the reserved goods in the ordinary course of business and on as long as he is not in default or has been applied for the opening of insolvency proceedings against its assets. Pledges or assignments as well as assignments of claims shall only be permitted with our prior written consent.
6.3 If the delivered goods are further processed by the buyer does not go off the reservation of ownership of the subject goods. The processing or transformation is effected for us as manufacturer, without incurring any obligations for us. If processing goods that are in the buyer or third party property, we shall acquire co-ownership in the arisen as a result of processing thing, and in the ratio of the value of the goods delivered by us (invoice amount including VAT) to the other processed objects at the time of processing. If the combination or mixing of the goods with a standing in the purchaser's property main thing, it is now agreed that the purchaser hereby worth transfers proportional joint ownership to us at the uniform thing. The buyer keeps our co-ownership for us without charge. When mixing or combining of the reserved goods with other goods same applies.
6.4 In the event of resale, the purchaser hereby assigns to us his claim from the resale together with all ancillary rights to secure our claims to us. Are we merely co-owner of the goods sold, the assignment shall be limited to the portion of accounts receivable corresponds to our co-ownership share. The buyer is entitled to revocation, to collect the claims assigned to us from the resale to his account in his own name. If the buyer does his contractual obligations, in particular in the event of default, we are entitled to revoke the collection authorization. At our request, the buyer has to give us the debtor of the assigned claim known and provide us with all necessary information and documents as well as view the assignment to the debtors. We ourselves are entitled at any time to disclose the assignment to the debtors.
6.5 The buyer is obliged to keep our standing ( co-) ownership of goods at his own expense carefully to insure them against fire and theft and to prove, at the request of the insurance policy.
6.6 Access by third parties to the reserved goods to us, the buyer after becoming aware immediately notify and provide us with all necessary information and documentation for an intervention. The buyer is liable for the costs that were incurred for the suspension of access, particularly by charging the third party proceedings, in so far as they can not be attained by the pursued creditors.
6.7 Breach of contract by the buyer, especially a delay in payment, we are entitled to withdrawal and redemption. The buyer is obliged to surrender and has to bear the costs of the return. We are entitled to use any returned goods after threat. The proceeds less reasonable costs will be deducted from the liabilities of the buyer.

7. Defects
7.1 We are committed to all parts or services at our discretion, free of charge, rectify, to provide new or render, within the limitation period (Article 7.7. ) Show a defect, provided that the cause existed at the time of transfer of risk.
7.2 Warranty claims do not exist with only minor deviations from the agreed quality, of only minor impairment of usefulness, of natural wear and tear or damage caused by the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective construction work, unsuitable building or the particular external influences not assumed under the HIDE. Be made by the purchaser or third parties to improper modifications or repair work, so for these and the consequences will be no claims for defects.
7.3 The buyer is the defect complain as soon as possible to us. If the buyer is a trader / freelancer, he has the defect within seven days of us of any defects in writing, otherwise all warranty claims in good faith may be rejected.
7.4 We shall first give the opportunity for subsequent performance within a reasonable time. 7.5 Claims by the Buyer due to expenses incurred, in particular transport, travel, labor and material costs are excluded, if the expenses increase because the item is delivered subsequently transported to a place other than the premises of the Buyer is, unless the transfer is in accordance with its intended use.
7.6 If the subsequent performance fails twice, the buyer may - without prejudice to any claims for damages under Article 8 - to withdraw from the contract or reduce the remuneration. Further or other than those regulated in Article 8 of the purchaser against and or our agents due to a defect are excluded.
7.7 Warranty claims expire after 12 months. This does not apply if the law in accordance with § 438 Section 1 No. 2 BGB, § 479 BGB and § 634a paragraph 1 No. 2 BGB prescribes as well as in cases of injury to life, body or health due to willful or grossly negligent breach of duty by us and fraudulent concealment of a defect. The legal provisions regarding suspension of expiration, suspension and recommencement of limitation periods remain unaffected. For consumers, the warranty is 24 months and 12 months for virgin materials at hand.
7.8 When defects are reported payments from the buyer may be withheld in an amount that is proportionate to the defect occurred. The Purchaser may withhold payments only if a complaint is made, the justification can be no doubt. If the complaint is unjustified, we are entitled to demand compensation from the buyer the expenses incurred by us.

8. Damages
8.1 Claims for damages and reimbursement of expenses sayings of the buyer (hereinafter : compensation claims), for whatever legal reason, including for violation of obligations under the contract or in tort, shall be excluded.
8.2 This does not apply if liability is mandatory, eg in cases of intent, gross negligence, injury of life, body or health, or breach of essential contractual obligations and under the Product Liability Act. The claim for damages for breach of fundamental contractual obligations is limited to the contract- typical, foreseeable damage if there is no willful misconduct or gross negligence or based on liability for injury of life, body or health. A change in the burden of proof to the detriment of the buyer is not connected with the above provisions.
8.3 If the Buyer is entitled 8 Damages according to this Art, this lapse in accordance with the expiration of the applicable limitation period for warranty claims. Article 7.7. Damage claims under the Product Liability Act, the statutory limitation period applies.

9. Final provisions
9.1 The law of the Federal Republic of Germany. The applicability of the uniform UN purchasing law (CISG ) is excluded.
9.2 The place of performance for all obligations of this contract is Crimmitschau.
9.3 When dealing with tradesmen, professionals, legal persons under public law or public law special funds Zwickau 's jurisdiction. For action against us, this jurisdiction is exclusive. We reserve the right to sue the customer at a reasonable law jurisdiction.
9.4 Contract amendments, supplements and ancillary agreements bedürften to be in written form.
9.5 according to these conditions, the compliance in writing the extent necessary, the transmission by fax or e -mail suffice.
9.6 Should one or more provisions of these terms of sale, delivery and payment conditions be or become invalid or should the contract contain a loophole, the validity of the remaining provisions shall not be affected. The invalid or incomplete provision shall be replaced by a provision which comes closest to the meaning and purpose of the intended regulation economically closest.