Terms of Service

1. General

a) The following terms and conditions apply exclusively to all of our offers and deliveries. Deviating agreements are only binding if they are confirmed by us in writing. Any other terms and conditions of the customer, even if they are attached to or mentioned in the order, only bind us if they have been expressly recognized by us in writing.

b) The unconditional execution of the contract does not include consent to conflicting terms and conditions of the customer. Unless otherwise specified, our terms and conditions apply only to businesspeople.

2. Offers

Our offers are generally non-binding. All information in offers, brochures and price lists have been carefully determined by us, but are non-binding without express written confirmation.

3. Order confirmation

Our order confirmation is decisive for the content of the contract. All orders, agreements, assurances, etc., including those of our representatives, require our written confirmation to be legally effective. Objections to our confirmation letters must be submitted in writing within one week at the latest.

4. Prices

a). The prices are ex warehouse, including packaging, and are subject to change. If there are unforeseeable changes in customs duties, import and export fees, etc. by the day of delivery, we are entitled to a corresponding price increase. This also applies to non-traders.

b) Value-added tax is charged to traders at the rate applicable on the day of delivery.

5. Shipping

a) Shipment takes place at the risk of the customer, even if carriage paid delivery has been agreed. If the customer does not expressly stipulate a different shipping method in writing, shipping will be made by different carriers.

b) We do not accept any liability for loss or damage during transport. Deviations from the dispatch note, the delivery note or the invoice must be reported to the supplier in writing immediately after receipt of the goods.

6. Delivery time

a) Delivery is usually made within 8 days from stock. If delivery from stock is not possible, the delivery time will be determined by us in such a way that it can in all likelihood be met; however, it is non-binding unless expressly agreed otherwise.

b) Cases of force majeure, e.g. war, strike or other operational disruptions, disruptions in transport and delivery delays by suppliers entitle us to postpone a fixed delivery date by a reasonable time, at least until the disruption has ceased to exist. If the delivery delay is longer than 3 months, the customer can withdraw from the contract by registered letter. Further claims, e.g. compensation for damages or the procurement of replacements, are excluded unless we are responsible for willful intent or gross negligence.

c) If we are in default for reasons for which we are responsible, liability for damages in the case of ordinary negligence is excluded. The customer is only entitled to withdraw from the contract after setting a reasonable grace period with a threat of rejection of at least 3 weeks.

7. Export

Products supplied by us may only be exported with our express consent.

8. Withdrawal

Properly delivered goods can only be made with our prior written consent. For goods properly returned with our consent, we will deduct 10% of the net invoice amount for administrative costs, inspection and repackaging, when a credit is issued. Other costs incurred, e.g. for recalibration / certification, will be charged separately.

9. Liability for defects

a) The warranty rights of the purchaser presuppose that he has properly complied with his inspection and complaint obligations according to §§ 377, 378 HGB.

b) If there is a defect in the purchased item for which we are responsible, we are entitled, at our option, to either remedy the defect or deliver a replacement. In the event that the defect is eliminated, we shall only bear the expenses up to the amount of the purchase price.

c) If we are not ready or unable to remedy the defect / replacement delivery, in particular if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the defect / replacement delivery fails in any other way, the purchaser is the customer entitled, at his option, to withdraw from the contract or to request a corresponding reduction in the purchase price.

d) Unless otherwise stated below, further claims by the customer - regardless of the legal grounds - are excluded. We are therefore not liable for damage that did not occur on the delivery item itself; in particular, we are not liable for lost profit or other financial losses suffered by the customer.

e) The above exemption from liability does not apply if the cause of the damage is based on intent or gross negligence, but the obligation to pay compensation is limited to the foreseeable damage. Furthermore, it does not apply in the absence of a guaranteed property in accordance with §§ 463, 480 Paragraph 2 BGB

10. Terms of payment

a) The prices are quoted in EUR (euros). A discount is only granted on the net price of the goods, i.e. excluding freight, packaging and other ancillary costs.

b) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The customer has no right of retention due to contested counterclaims.

c) If the customer does not comply with the terms of payment or if circumstances become known which are likely to reduce the customer's creditworthiness and thereby our claims are jeopardized in an unreasonable manner, we are entitled to demand advance payments or security deposits. After a reasonable deadline has been set, we are entitled to withdraw from the contract or to demand compensation for non-performance.

d) Payments are to be made in cash without any deduction, carriage paid to Erftstadt Gymnich, 14 days after the invoice date,  even in the case of partial deliveries. Repairs and contract work are payable net immediately after receipt of the invoice. Checks are only accepted if they are credited. Bills of exchange are only accepted if the total liability is covered by a bank guarantee or corresponding security. All bill charges are borne by the customer. We reserve the right to deliver cash on delivery or payment in advance for new customers and invoices below EUR 100.00.

11. Retention of title

a) We reserve title to the purchased item until all payments from the business relationship with the customer have been received. In the event of breach of contract by the customer, in particular in the event of default in payment, we are entitled to take back the purchased item. Taking back the purchased item does not constitute a withdrawal from the contract, unless we have expressly stated this in writing. After taking back the purchased item, we are authorized to dispose of it; the proceeds from the sale shall be offset against the purchaser's liabilities - less reasonable disposal costs.

b) The customer is obliged to treat the purchased item with care. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with §771 ZPO, the customer is liable for the loss we incur.

c) The customer is entitled to resell the purchased item in the ordinary course of business. However, he already now assigns to us all claims in the amount of the final invoice amount including VAT that arise from the resale to his customers or third parties. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, has not filed for bankruptcy or settlement proceedings or has suspended payments. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all information required for collection, hands over the associated documents and informs the debtors of the assignment.

d) We undertake to release the securities to which we are entitled at the request of the customer insofar as the value of our securities exceeds the claims to be secured by more than 20%. The selection of the securities to be released is incumbent on us.

12. Place of performance and jurisdiction

a) If the customer is a registered trader, the place of jurisdiction is Cologne (Germany). However, we are also entitled to sue the customer at his place of residence.

b) Unless otherwise stated in the order confirmation, the place of performance for delivery and payment is D-50374 Erftstadt (Gymnich)

c) The legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980.