General terms and conditions of business

§ 1 validity
(1) These sales conditions apply exclusively and only to merchants. We do not recognize deviating or conflicting conditions unless we have expressly approved it in writing.
 
(2) These sales conditions also apply to all future business between the parties and also if we carry out the delivery of the goods when we know that deviating or conflicting.
 
(3) These general sales conditions only apply to entrepreneurs, legal entities under public law or special funds within the meaning of Section 310 (1) BGB.
 
§ 2 offer, acceptance
If the order represents an offer within the meaning of Section 145 of the German Civil Code, we are entitled to accept it within a period of two weeks.
 
§ 3 prices, payment
(1) Our prices are understood ex works, plus the respective statutory sales tax and exclusively the costs for packaging and shipping, unless expressly agreed.
 
(2) The purchase price from the invoice is due for payment. The purchase price is to be paid in advance when ordering. Payment on account or cash on delivery is only possible after a separate written agreement. The buyer bears the resulting additional costs. Invoices are to be paid within 14 days with a 2% discount or after 21 days without deduction. Deliveries abroad are only sent in advance. In the event of a delay in payment, default interest of 8% above the respective base rate p. a. calculated. We reserve the right to assert a further default damage.
 
§ 4 offsetting, retention
The buyer is only entitled to offset that his counterclaims are undisputed or legally established. In order to assert retention rights, the buyer is only entitled to counter claims from the same contractual relationship.
 
§ 5 delivery
(1) Delivery requires the timely and proper fulfillment of the buyer's obligations. The objection of the non -fulfilled contract is reserved.
 
(2) In the event of default of acceptance or other culpable violation of obligations on the part of the buyer, we are entitled to compensate for the resulting damage, including any additional expenses. Further claims are reserved. In this case, the risk of random loss or the random deterioration of the goods passes to the buyer at the time of default or other violation of obligations.
 
(3) The delivery takes place from warehouse to the delivery address specified by the customer. If the goods are sent abroad at the customer's request or if the customer selects a special shipping method, he must bear the additional costs incurred. In the event of delivery abroad, the customer may also have the taxes and tariffs incurred. Shipping costs for unsuccessful cash on delivery will be charged to the recipient if he is to blame. Unless otherwise agreed, information about the delivery period is non -binding.
 
§ 6 transfer of danger, sending
When the goods are sent at the buyer, the risk of random doom and the random deterioration of the goods will pass to the buyer at the time of dispatch.
 
§ 7 Reference to Reference
(1) The goods remain in our property until all payments are completely received. In the case of violations of the buyer, we are entitled to take back the goods.
 
(2) The buyer has to treat the goods carefully, to insure them appropriately and, if necessary, to wait.
 
(3) Insofar as the purchase price is not fully paid, the buyer must immediately inform us in writing if the goods are loaded with the right third party or are subjected to other third -party interventions.
 
(4) The buyer is entitled to resell the goods under the retention of title in the ordinary business transactions. In this case, however, he is already taking all claims from such a resale, regardless of whether this will be carried out before or after a processing of the goods delivered under retention of title. Unsolented of our authority to collect the claim himself, the buyer remains authorized even after the assignment to move into the claim. In this context, we undertake not to collect the claim as long as and insofar as the buyer fulfills his payment obligations, there is no application to open an insolvency or similar procedure and there is no payment setting.
 
(5) In this respect, the above -mentioned collateral exceed the claims to be secured by more than 10%, we are obliged to release the collateral after our selection at the request of the buyer.
 
§ 8 Warranty
(1) The prerequisite for any warranty rights of the buyer is its proper fulfillment of all examination and complaints owed in accordance with § 377 HGB.
 
(2) Warranty claims can be claimed within 12 months of the transfer of risk.
 
(3) In the case of defects in the goods, the buyer has a right to subsequent performance in the form of the deficiency or delivery of a deficiency -free thing. If the subsequent performance fails, the buyer is entitled to reduce the purchase price or withdraw from the contract.
 
§ 9 liability
(1) In the case of intent or gross negligence on our part or from our representatives or vicarious agents, we are liable according to the legal rules; Likewise in the event of culpable violation of essential contractual obligations. Insofar as there is no intentional breach of contract, our liability for damages is limited to the predictable, typically occurring damage.
 
(2) Liability due to culpable violation of life, body or health as well as liability under the Product Liability Act remain unaffected.
 
(3) Unless expressly regulated differently above, our liability is excluded.
 
§ 10 Applicable law, place of jurisdiction
(1) This contract is subject to the law of the Federal Republic of Germany (to the exclusion of the UN sales law).
 
(2) Place of performance and exclusive place of jurisdiction for all disputes or in connection with this contract is Ennepetal.