General Terms and Conditions of Sale and Delivery (GTC)

I. Validity

Our Terms and Conditions of Sale and Delivery shall apply exclusively to all current and future transactions between us and an entrepreneur within the meaning of § 14 (Customer). Our General Terms and Conditions shall apply even if we do not expressly object to deviating terms and conditions of the customer, unless we have expressly agreed to their validity. All other terms and conditions shall remain unaffected by the cancellation or amendment of individual terms and conditions.
Should individual provisions of these terms and conditions or the individual contractual agreements be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a legally valid and enforceable provision that comes closest to the economic sense and purpose of the provision to be replaced. The same shall apply if there is a gap in the provisions that needs to be filled and that should be regulated according to the recognisable intention of the parties.

II. Offers, prices

Unless otherwise agreed, offers and prices are subject to change without notice plus statutory VAT.
The product-describing information contained in the Internet, brochures or similar documents such as illustrations, drawings, descriptions, dimensional, weight, performance and consumption data as well as information relating to usability are subject to change unless they are expressly designated as binding. This shall also apply in particular in the event of changes and improvements; the information describing the product in terms of technical progress shall be deemed approved and shall not affect the fulfilment of contracts. Unless they are unreasonable for the buyer.

III. Orders, written form

Verbal, written or electronic orders are binding. The delivery note and invoice are equivalent to the order confirmation, unless this is issued separately in advance.
Amendments and supplements to the contract must be made in writing. The same applies to consent to provisions of the customer that deviate from our General Terms and Conditions.

IV. Shipping, delivery

Dispatch is at the expense and risk of the buyer, unless other terms of service have been agreed. We only supply samples against a fixed invoice and without the right of return, unless expressly agreed otherwise.
We are authorised to make partial deliveries.
Deliveries within Germany are free of postage if the value of the goods exceeds € 250. If the order value is lower, we will pass on the shipping costs to the customer. Deliveries abroad are always ex works.
For deliveries abroad, the buyer undertakes to observe the respective customs and import regulations. Any costs for customs, import, storage and other fees shall be borne by the buyer.

V. Payment

Payment is made by direct debit order after 10 days. Deliveries abroad are only made against prepayment.
Incoming amounts are first offset against costs and interest, then against the oldest debt due.
If the customer defaults on payment, we shall charge interest on arrears at the current bank interest rate.
If we become aware of circumstances which reduce the creditworthiness of the customer, we shall be entitled to declare all our remaining claims - including those from other transactions - due for immediate payment without taking into account any payment terms. In this case, we shall also be entitled to make outstanding deliveries only against payment in advance or cash on delivery.
Offsetting and retention by the customer is only permissible if due counterclaims are recognised by us or have been legally established.

VI. Retention of title

All delivered goods shall remain our property until full payment of all claims to which we are entitled from the business relationship with the customer.
In the case of a current account, the reserved property shall also serve as security for our balance claim.
Processing or remodelling of our goods shall take place exclusively for us. In the event of processing with other goods not belonging to us, we shall be entitled to co-ownership of the new item in the ratio of the invoice value of our goods to the purchase price of the other processed goods at the time of processing.
The resale of the reserved goods to third parties is only permitted in the ordinary course of business. The customer hereby assigns to us the claims arising from the resale to secure our claim and in this amount. The customer is authorised to collect the assigned claims as long as he meets his payment obligations to us in accordance with the contract. He is not authorised to dispose of the goods in any other way, in particular to transfer them by way of security or to pledge them. We must be informed immediately of any seizure or confiscation of the reserved goods by third parties.

VII. Warranty, liability

Any complaints about deliveries and services must be made to us immediately after delivery, but at the latest within 7 days. If the defect is not recognisable even after a proper inspection, the complaint must be made immediately after the defect is discovered.
In the event of defects, we are obliged to repair or replace the goods at the customer's discretion. If the repair or replacement delivery fails, the customer may reduce the purchase price or withdraw from the contract. In order to ensure a speedy and smooth handling of the claim, we require a written damage report and a duplicate of the freight documents, if necessary with a transcript from the carrier. Returned goods. Goods that have not been agreed with us in advance will not be accepted.
In the event of injury to life, limb or health, the customer shall only be entitled to claim damages if we are responsible for the breach of duty. We shall only be liable for other damages if these were foreseeable and are based on a grossly negligent or wilful breach of duty on our part. Claims under the Product Liability Act remain unaffected by this.

VIII. Data protection

We would like to point out that data on business transactions is stored in accordance with the legal requirements of the Federal Data Protection Act (BDSG) and processed at a central location within the company.

IX. Place of fulfilment, place of jurisdiction, legal system

Place of fulfilment for both parties is Langenzenn, place of jurisdiction is Fürth. The law of the Federal Republic of Germany shall apply.