Terms and Conditions
1.1 These general terms and conditions apply to all contracts, subject to deviating individual
contractual provisions. These terms and conditions are generally applicable, even if they are not explicitly mentioned.
1.2 Deviating conditions of the customer must be expressly approved in writing.
2. Conclusion of contract
2.1 Our offers are non-binding. The contract is only concluded upon our written confirmation of the order
3. Delivery conditions
3.1 Our specified delivery times are only binding after a written order confirmation. Delivery time changes or delays due to force majeure or other unforeseeable circumstances are permitted; corresponding partial deliveries are also permissible, unless the customer expressly waives them.
3.2 Unless otherwise agreed, shipping is ex works. We reserve the shipping method.
3.3 Unless it is a standard product, an overdelivery of up to 10% is permitted and will also be charged.
4. Prices - payment
4.1 The respective prices according to the order confirmation apply. All prices are ex works plus the respective packaging, shipping, and possibly insurance costs and the applicable statutory value added tax, unless these are already listed in the order confirmation. The invoice amounts are to be paid according to the specified payment deadline, without any deduction from the invoice date.
5. Liability for defects
5.1 Defects must be reported in writing within 2 weeks of receipt of the goods at the latest, otherwise
the delivered goods are deemed to be approved and comply with the terms of the purchase
contract. Accordingly, warranty claims on the part of the customer in accordance with § 377 HGB
require that the customer has properly checked the goods received.
5.2 Any claims made by the customer due to defects are limited to the right of subsequent performance. This is done by eliminating the defects or by delivering new goods. If the supplementary performance fails, the customer can either withdraw from the purchase contract or reduce the purchase price.
5.3 Customer claims due to defects become statute-barred one year after delivery of the goods.
6. Retention of title
6.1 The goods delivered by us remain our property until all claims against the customer have been fulfilled, including any balance claims with current accounts.
7. Compensation for damage
7.1 If the customer makes claims for damages based on gross negligence or willful misconduct, we
are liable according to the statutory provisions. Unless we are accused of willful breach of contract,
liability for damages is limited to the foreseeable damage. We are also liable in accordance with
the statutory provisions limited to the foreseeable damage should we breach an essential
7.2 Unless otherwise stipulated above, liability is excluded; even according to the Product Liability Act, liability for culpable injury to life, limb or health remains unaffected.
7.3 Over- and under-deliveries of up to 10% of the ordered quantity are permissible due to the quantity of available material and production yields; such over- or under-deliveries cannot be objected to by the contractual partner.
7.4 Underdeliveries of up to 10% of the ordered quantity do not constitute a defect and do not lead to a claim for damages by the customer
8. Export / end user / end use
8.1 The customer declares the final whereabouts and proof of final consumption of the goods on request of the seller. The seller reserves the right to claim damages if the information provided by the customer does not apply. The seller can refuse to fulfill the obligation in accordance with the order confirmation if and as long as its fulfillment violates German or European export control law.
9. Place of jurisdiction - applicable law
9.1 The place of jurisdiction is Bad Kreuznach. Germany
9.2 We only provide confidential information in connection with contracts on the basis of a confidentiality agreement concluded using the sample we have provided. These are those that are not generally known anyway, but that have been classified as confidential by us in exercising our discretion and taking due account of the interests of the recipient. We only accept confidential information from customers on the basis of a corresponding written confidentiality agreement that has been effectively agreed between authorized representatives of both parties.
9.3 The assignment of claims and rights from contracts with us requires our express consent.
9.4 Should individual provisions be ineffective, the ineffectiveness remains limited to the relevant provision. The parties are obliged to replace the ineffective provision with an effective provision that lawfully comes as close as possible to the economic meaning and purpose of the ineffective provision. This also applies to any contractual gaps.