1.1 Other general business conditions have no validity unless they are explicitly recognized in writing.
1.2 The current prices are subject to change. If costs change, and particularly if material prices become volatile, we reserve the right to bill according to the price current at the time of delivery.
1.3 The orders received by our sales representatives are only valid after explicit confirmation if the deviate from our terms of delivery and payment and our existing prices.
2.1 Delivery will be made CIP (franco domicile) within Germany for orders of a net value of €200.00 or more. For orders valued at less than €200.00 net, we will add a shipping cost of €5.30. For shipments abroad, we will add an appropriate shipping charge. For orders whose net value is less that €50.00, we will add an additional handling charge of €10.00.
2.2 The goods are shipped at the orderer’s risk. The risk of damage or destruction of the merchandise is transferred to the orderer once the delivery has left our business premises.
2.3 The delivery time is suitably extended in activities related to labour disputes – especially strikes and lockouts and in the event of unforeseen hindrances, including those that affect our sub-contractors, such as operational disruption, difficulties in procuring raw materials, and failure of production systems. In such cases, we reserve the right to withdraw from the contract.
2.4 Any and all claims to damages on the part of the orderer or notices of default to us are void if the delivery time has expired or if we have exercised our right to withdrawal because unforeseen hindrances have arisen.
2.5 We are released from our contract obligations if there is reasonable doubt concerning the creditworthiness of our contractual partner or if older invoices are overdue and have not yet been paid.
3.1 Complaints regarding noticeable defects must be reported to us in writing within one week of receipt of goods. Concealed details are to be reported without undue delay, but no later than seven days after their discovery. Returns without prior coordination with us is not permissible.
3.2 If justified complaints are brought concerning defects, we will provide a replacement free of charge. If this replacement delivery corrects the fault complained of, the orderer’s claims to discounts, refunds, or damages and his right to withdraw from the contract is void. We bear no liability for any type of consequential damages.
4. Retention of title
4.1 Our deliveries are performed only under retention of title. The title is not transferred to the orderer until all his liabilities for all deliveries have been paid, no matter whether the orderer has paid for certain goods or deliveries.
4.2 If the orderer’s behaviour is in violation of the contract, and particularly if there is payment default, we are entitled to take back the goods delivered and the orderer is obliged to surrender them. Unless the instalment purchase law (Abzahlungsgesetz) applies, the withdrawal and seizure of the goods by us constitutes a withdrawal from the contract only if we issue an explicit written statement to that effect. In the event of seizures or other action by third parties affecting the goods subject to retention of title, the orderer is obliged to notify us without undue delay in writing and send us the documents necessary to enforce our right to ownership (seizure protocol, affidavit concerning the identity of the goods). The costs accruing to us and arising from an intervention will be borne by the orderer.
4.3 The orderer is entitled to sell the goods that are subject to retention of title to a third party in orderly business. However, with the conclusion of the contract, he assigns the rights to proceeds from further sale of our goods that are subject to retention and to all ancillary rights. As long as the orderer fulfils his obligation to pay us, he is authorized to receive the payments for further sales whose rights he has assigned to us himself. If we so require, the orderer is obliged to disclose the amount of the payments received for further sales whose rights he has assigned to us and the name of his debtors and to make all associated documentation available to us. We are entitled to require the payments from further sales that have been assigned to us by the orderer directly from his customers.
4.4 The goods that are subject to retention become the property of the orderer as soon as payment has been made in full. If the value of the security assigned to us exceeds the total of our claims on the orderer by more than 20%, we are obligated to release those goods against payment.
5.1 Payment of our invoices within 30 days must be made with no discounts applied. We grant an early payment discount of 2% for payments made within 14 days.
5.2 If the payment deadline is passed, measured by the credit of funds to our account, we are entitled to assess default charges in the amount of 3% greater than the German central bank’s discount rate at the time without prior warning or notice of default. After a written reminder has been sent, we reserve the right to invoice the amount of costs accruing to us resulting from bank credit exposure.
5.3 Bills of exchange and cheques will only be accepted subject to performance and considered valid payment only after they are honoured and all incidental charges settled; we reserve the right to accept bills of exchange.
5.4 We will credit payments against the oldest payments due.
6. Place of performance and court of jurisdiction
6.1 The place of performance for delivery and payment for transactions is D-91731 Langfurth.
6.2 The court of jurisdiction, including for deliveries abroad, is the place of performance stipulated in 6.1.
7. Amendments, ancillary agreements, and partial validity
7.1 Amendments, supplements to the contract, and ancillary agreements are only effective if we confirm them in writing.
7.2 If any provision of the agreement is invalid, the validity of the remaining provisions remains unaffected.
Due to overlap problems with the sealing tape, a warranty period of six months only, deviating from the legal regulations, is in effect, assuming proper storage. Liability can only be accepted if appropriate sealing tests have been performed before the sealing application in question.
9. Dispute resolution
We do not join in dispute resolution with a consumer consiliation board.