§1 Applicability
Deliveries, services and quotations shall be made exclusively on the basis of these terms and conditions.
They shall be deemed accepted at the latest on receipt of the goods or services.
§2 Quotations
Our quotations are subject to change without notice and are non-binding. Orders require our confirmation in writing to become effective.
The same applies to supplements, amendments or ancillary agreements.
§3 Prices
The prices stated in our order confirmation plus the respective statutory value added tax shall be definitive.
§4 Delivery times
1. We shall not be responsible for delays in delivery and performance due to force majeure
or due to events that make delivery significantly more difficult for the seller – this also includes material procurement difficulties that occur subsequently,
operational disruptions, strikes, lockouts, lack of personnel, lack of means of transport, official directives, etc., even if they occur at our supplier or its suppliers.
They entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period
or to withdraw from the contract in whole or in part on account of the part not yet fulfilled.
2. We are entitled to partial performance and delivery.
§5 Transfer of the risk
The risk shall pass to the buyer as soon as the goods have left our premises for the purpose of shipment.
If shipment becomes impossible through no fault of our own, the risk shall pass to the buyer on notification of readiness for shipment.
§6 Warranty/liability for defects
Notification of defects must be made in writing without delay, at the latest 10 days after receipt of the delivery at the place of destination.
Defects which cannot be discovered within this period even with the most careful inspection shall be notified to the seller immediately after discovery.
If the notice of defect is justified, the buyer is entitled to compensation.
§7 Retention of title
The goods delivered by us remain our property until full settlement of our claims against the buyer arising from this or other transactions.
§8 Payment
1. Invoices are payable net within 30 days of invoicing. A 2% discount will be granted for payment within 8 days of invoicing.
2. If the buyer is in default, we shall be entitled to charge interest from the relevant date at the bank interest rate payable by us,
but at least 5% above the respective discount rate of the European Central Bank plus the statutory value added tax.
§9 Place of jurisdiction
The place of performance and jurisdiction for both parties – to the extent permitted by law – is Rastatt.
§10 Partial invalidity
Insofar as parts of these terms and conditions are or become invalid, this shall not affect the validity of the other provisions.