Terms and Conditions

I. General

1. All offers, deliveries and agreements are subject exclusively to our General Terms and Conditions of Delivery and Payment
underlying.
Deviations and ancillary agreements must be made in writing. Any conflicting terms and conditions of the buyer
are expressly not recognized.
2. Our offers are subject to change without notice. Subject to prior sale.
3. Our travelers and representatives are not authorized to conclude contracts. Orders placed with them require our
Confirmation in text form.
4. Your order represents an offer to us to conclude a purchase contract. When you place an order, we will send you a message confirming receipt of your order and listing its details (order confirmation). This order confirmation does not constitute acceptance of your offer. A purchase contract is only concluded when we ship the ordered product to you and confirm shipment to you with a second email or a message in your customer account.
5. We reserve the right to make minor deviations in the quality, design and quantity of the goods, provided that these changes are due to raw material market conditions or for technical reasons and are reasonable for the buyer.
6. Confirmations of orders are subject without exception to the proviso that execution is not hindered by incidents of any kind, in particular disruptions in our own operations or those of our suppliers, official measures, shortages of raw materials, or unforeseeable transport problems. Should such incidents occur, we shall be entitled, at our discretion, to
Delay, restriction of delivery or withdrawal from the contract. Purchase of third-party goods is not permitted in this case.
The buyer may withdraw from the contract under the above conditions if he has previously informed us
has provided sufficient opportunity for subsequent delivery.
7. The goods are transported at the buyer's risk and expense. Unless specifically instructed by the buyer, we do not insure the goods against transport damage. We reserve the right, without obligation, to determine the carrier, route, and mode of transport in such cases.
8. In the case of ongoing business relationships, these terms and conditions shall also apply to future transactions in which they are not expressly referred to.
Reference is made if they were agreed upon by the partners in a previous contract.

II. Delivery

1. Delivery periods shall commence upon receipt of all documents required for the execution of the order, timely provision of materials, if applicable, and agreed advance payments.
2. We will adhere to agreed delivery deadlines wherever possible. Delivery deadlines are only binding for us if they
are expressly confirmed in writing. Approximate delivery dates are not binding, but rather indications of a possible delivery date that we will endeavor to achieve.
3. If an agreed delivery time is not met, the buyer may set a reasonable grace period in writing and withdraw from the contract after the expiry of the grace period without result.
4. If, in the case of call-off (framework) contracts, no final date has been agreed by which the entire delivery quantity must be called off, the entire order must be called off no later than 12 months from the conclusion of the contract.
5. If shipment is delayed at the buyer's request, or if the customer is responsible for the delay, the customer will be charged for the storage costs incurred, beginning one month after notification of readiness for shipment. If stored at our facility, the storage costs will be at least half of the invoice amount for each month. After granting a reasonable grace period, we are entitled to dispose of the goods otherwise. Other statutory rights remain unaffected.
6. Partial deliveries or partial services are permissible if we have a legitimate interest in doing so and if they are reasonable for the buyer.

III. Purchase price/shipping costs

1. Unless otherwise agreed, our prices are ex works, excluding freight and packaging, plus statutory VAT. Prices apply only to the agreed quantity, size, or weight.
2. If delivery is made more than four months after the conclusion of the contract, unless expressly agreed otherwise, the buyer shall pay the prices generally charged by us on the date of delivery. For continuing obligations (call-off orders), the invoice shall be based on the prices generally charged by us on the date of delivery.
3. If the buyer is a registered merchant within the meaning of the law or a corporation under public law, the prices may be adjusted appropriately even before the expiration of the four-month period if the suppliers' prices increase during this period and this was not known at the time the contract was concluded. The buyer may only offset undisputed or legally established claims against our purchase price claims.
4. The buyer shall only be entitled to rights of retention if they are based on the same contractual relationship.
5. If the buyer is a registered merchant, he shall not be entitled to any rights of retention unless his counterclaim is legally binding
established, undisputed or recognized by us.

IV. Warranty

1. Our warranty is limited to the conformity of our goods to the generally accepted standards of technology at the time of the order. We only guarantee average quality and type. Warranty claims are void if the instructions included with the goods are not followed, if the buyer fails to properly install the goods, or if the goods are stored improperly.
2. Obvious defects in the delivered goods must be reported to us immediately, without prejudice to statutory notice periods, but no later than eight calendar days after delivery of the shipment, in writing, specifying the type and quantity of products, as well as the invoice number or delivery note. Delayed notification of defects excludes any warranty claim.
3. For non-obvious defects, the provisions of Section 377 of the German Commercial Code (HGB) apply.
4. If the goods delivered by us are defective and the defect is reported in a timely manner, we may, at our discretion, remedy the defect or deliver defect-free goods free of charge. If the replacement delivery fails, the buyer is entitled to the statutory rights of rescission or reduction in price. Claims for damages due to non-performance are expressly excluded.
5. In the event of a complaint, the buyer must, upon request, be given the opportunity to inspect the goods by submitting material samples. Failure to do so will void the buyer's warranty claims. Even in the event of a complaint regarding the goods, the buyer is obligated to properly store the delivered goods until they are released by us.

V. Claims for damages

1. Claims for damages of any kind are expressly excluded; this applies both to any delayed delivery and in the case of warranty defects.
2. The exclusion of damages does not apply in the event of intentional or grossly negligent breach of contract by us. Damages resulting from positive breach of contract as well as consequential damages due to the delivery of delayed or defective goods, as well as the lack of guaranteed characteristics, are excluded, unless legally prohibited.

VI. Terms of payment

1. We are entitled to send invoices to the buyer by email; the invoice is deemed received when it has been sent to the buyer's domain.
2. Our invoices are payable within 14 days net of the invoice date, unless other payment terms have been expressly agreed.
3. Bills of exchange and checks are accepted on account of performance; discount charges and costs shall be borne by the buyer.
4. We assume no liability for the timely presentation of the aforementioned documents; the buyer has no right to the acceptance of bills of exchange and checks.
5. In the event of compulsory collection of our claim through extrajudicial or judicial debt collection, any discount or cash discount granted shall cease to apply.
6. Our employees, sales representatives, and other agents are authorized to collect payments only upon presentation of a written authorization. Payments to these agents can only be made upon presentation of the authorization to discharge their obligations.
7. In the event of default of payment by the buyer and from the 15th day after the invoice date, we shall be entitled to demand default or maturity interest in an amount of at least the bank interest we ourselves are liable to pay.
8. If, after conclusion of the contract, we become aware of circumstances that give rise to doubts about the Buyer’s creditworthiness, we may, at our discretion, demand advance payment or the provision of security before delivery, in deviation from the agreed payment terms.

VII. Retention of title

1. The delivered goods remain our exclusive property until the full purchase price and all outstanding invoices from other deliveries to the buyer have been paid. The retention of title remains in effect even if individual claims of the seller are included in a current invoice and the balance is drawn and acknowledged.
2. Processing or working of the reserved goods within the scope of the buyer's business operations is permitted; we shall acquire co-ownership of the new product in proportion to the value of our reserved goods to the total value.
3. The buyer is authorized to resell the goods within the scope of its business operations. Pledging or transferring the goods as security is excluded.
4. The buyer hereby assigns to us any claim against third parties arising from the resale or further processing of our reserved goods, and we accept this assignment. The buyer is entitled to collect this claim as long as he fulfills his obligations to us. However, we are entitled to disclose the assignment at any time and to collect the assigned claim in our own name. Also assigned are the buyer's claims against injuring parties or insurers arising from damage to or destruction of the reserved goods.
5. The buyer must notify us immediately of any enforcement measures taken by third parties against the reserved goods or the previously assigned claim, and provide us with the documents necessary for intervention. Failure to do so will result in not only the buyer but also its managing director being personally liable for any resulting damages.
6. At our request, the buyer shall provide us with the information necessary for collection regarding the assigned claim and the debtor and shall also notify the debtor of the assignment and its justification.
7. If the buyer defaults on payment or falls into arrears, or if there is any other suspicion that the buyer may or has defaulted on financial circumstances, we may repossess our reserved goods without this constituting a withdrawal from the contract. We will then hold them for the buyer as security for our claim. In this case, we are also entitled to withdraw from the contract without notice.
8. The buyer irrevocably agrees to the collection of the goods under the above conditions and hereby authorizes us or our authorized representatives in writing to enter his premises. These persons are also authorized to search for and enter the rooms in which the goods are stored. We are entitled to
To sell goods privately after appropriate notice and setting of a deadline.
9. If the value of the security existing for the Seller exceeds his claim by more than 20%, the Seller shall be obliged, at the request of the Buyer or a third party adversely affected by the Seller's over-security, to release securities of the Seller's choice.

VIII. Provision of information

In the event that we provide advice or information within the scope of our product range, this does not constitute the conclusion of a consulting contract (service contract). Advice and information are provided to the best of our knowledge, but without guarantee. We are entitled to invoice our expenses for product-related advice.

IX. Tools/Molds/Tolerances

1. The following special terms and conditions also apply to tools/molds. The above terms and conditions continue to apply without restriction unless they conflict.
2. Molds or tools manufactured by us or by third parties on our behalf remain our exclusive property, but are used exclusively for the buyer's orders. The buyer shall bear the costs of manufacturing the molds or tools.
3. Moulds and tools will be kept by us for reorders, but for a maximum of 12 months after the end of the last
Delivery, unless otherwise expressly agreed in writing. We assume no further liability.
4. Mold or tooling costs are payable net without deduction, 50% upon placing the order and 50% upon receipt of the sample. Cash discounts are not permitted.
5. We may claim reimbursement of mold or tooling costs incurred by us internally, which we have not charged the buyer in view of the scope of the order (call-off orders), in whole or in part, if the agreed delivery quantities for the order in question are not accepted within the stipulated period or after a deadline has been set, but no later than six months after the end of the call-off period. In this respect, limitation periods are expressly excluded.
6. We are not obliged to accept follow-up orders even if the buyer pays for the molds and tools himself.
7. If the buyer does not pay for the goods or tools delivered, we may, after giving appropriate notice and setting a deadline, use the molds or tools intended for this order for any other purpose.
8. If we are required to deliver according to the buyer's drawings, models, and samples, the buyer shall ensure that the intellectual property rights of third parties are not infringed. We will inform the buyer of any rights known to him; the buyer shall indemnify us against any claims by third parties and compensate us for any resulting damages. The same obligations apply to us in the reverse case.
9. If a third party invokes a proprietary right belonging to them and prohibits us from manufacturing, we are entitled to discontinue work without reviewing the legal situation, but we must inform the buyer immediately.
10. Drafts, drawings, templates, samples, models, design proposals, and confidential information from us or the buyer may only be passed on to third parties with the permission of the source. Drawings and samples provided to us that did not lead to an order will be returned upon request. Otherwise, we are entitled to destroy them three months after the offer has been submitted.

X. Data protection

We are entitled to store and process any data about the buyer received within the scope of the business relationship, regardless of whether it originates directly from the buyer or from third parties. We guarantee compliance with the provisions of the Federal Data Protection Act. No separate notification of data storage is required.

XI. Place of Performance/Applicable Law/Place of Jurisdiction

1. Place of performance is Hofheim/Taunus.
2. The laws of the Federal Republic of Germany apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
3. The place of jurisdiction is Frankfurt am Main, including for check and bill of exchange proceedings, provided the buyer is a registered merchant within the meaning of the law. Otherwise, the statutory provisions apply.

XII. Warranty period/limitation period

The warranty period is 12 months. Warranty claims expire 12 months after the transfer of risk.

Product images and product descriptions

All product images and product descriptions may differ from the original. No liability is assumed for these deviations.