AGB

I. General

1. All offers, deliveries and agreements are based exclusively on our General Terms and Conditions of Delivery and Payment
.
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. We reserve the right to prior sale.
3. Our travelers and representatives are not authorized to conclude contracts. Orders placed with them require our
confirmation in text form to be effective.
4. Your order constitutes 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 the shipment to you with a second e-mail or a message in your customer account.
5. We reserve the right to minor deviations in quality, design and quantity of the goods, insofar as these changes are caused by the raw materials market or for technical reasons and are reasonable for the buyer.
6 Without exception, order confirmations are subject 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 and unforeseeable transportation problems. If such incidents occur, we shall be entitled, at our discretion, to postpone delivery, to restrict delivery or to withdraw from the contract. In this case, the purchase of third-party goods is
agreedly excluded. The buyer may withdraw from the contract under the aforementioned conditions if he has previously
provided us with a sufficient opportunity for subsequent delivery.
7 The goods are shipped at the expense and risk of the buyer. In the absence of special instructions from the buyer, we shall not insure the goods against transport damage. We reserve the right to determine the transport person, the transport routes and the mode of transport for this case without obligation.
8. These terms and conditions shall also apply to future transactions in the case of permanent business relationships in which they are not expressly referred to if they were agreed by the partners in a previous order.

II. delivery

1. delivery periods shall commence after receipt of all documents required for the execution of the order, timely provision of materials, if applicable, and agreed advance payments.
2. we shall comply with agreed delivery periods as far as possible. Delivery periods shall only be binding for us if they have been expressly confirmed in text form. Approximate delivery times are not binding deadlines, but rather indications of a possible delivery date, which we will endeavor to meet.
3. If an agreed delivery time is not met, the buyer may set a reasonable grace period in text form and withdraw from the contract if the deadline expires without result.
4. If no final date has been agreed for call-off (framework) contracts by which the entire delivery quantity must be called off, the entire order must be called off within 12 months of conclusion of the contract at the latest.
5. If the shipment is delayed at the request of the buyer or if the customer is responsible for the delay, he will be charged the costs incurred by the storage, starting one month after notification of readiness for shipment, but at least half of one hundred of the invoice amount for each month in the case of storage in our factory. After setting a reasonable grace period, we shall be entitled to dispose of the goods otherwise. Other statutory rights shall remain unaffected.
6. Partial deliveries or partial services are permissible if we have a legitimate interest in them and 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. The prices shall only apply to the agreed quantity according to number of units, dimensions or weight.
2. If the delivery is made more than 4 months after conclusion of the contract, the prices generally charged by us on the day of delivery shall be paid by the Buyer, unless expressly agreed otherwise. In the case of continuing obligations (call-off orders), invoicing shall be based on the prices generally charged by us on the day of delivery.
3 If the Buyer is a registered trader within the meaning of the law or a public corporation, the prices may also be adjusted appropriately before expiry of the 4-month period if the prices of the upstream suppliers are increased during this period and this was not known when 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 insofar as they are based on the same contractual relationship.
5. If the buyer is a registered trader, he shall not be entitled to any rights of retention unless his counterclaim has been legally
established, is undisputed or has been recognized by us.

IV. Warranty

1. Our warranty is limited to the fact that our goods comply with the generally recognized rules of technology at the time of the order. Only average type and quality are warranted. A warranty claim shall be forfeited if the instructions for use enclosed with the goods are not observed, if the goods are not properly processed by the buyer and if the goods are stored incorrectly.
2. Obvious defects in the delivered goods must be reported to us in text form immediately, but at the latest within 8 calendar days of delivery of the consignment, stating the exact type and number of products and the invoice number or delivery bill, without prejudice to statutory complaint periods. Late notification of defects shall exclude any warranty claim.
3 The provisions of § 377 HGB (German Commercial Code) shall apply to non-obvious defects.
4 If the goods delivered by us are defective and we are notified of the defect in good time, we may, at our discretion, remedy the defect or deliver defect-free goods free of charge. If the replacement delivery fails, the buyer shall be entitled to the statutory rights of rescission or reduction. Claims for damages due to non-performance are expressly excluded.
5 In the event of a complaint, we must be given the opportunity to inspect the goods by sending in material samples on request. If this obligation is breached, the buyer shall lose his warranty claims. Even in the event of complaints about the goods, the Buyer shall be obliged to store the delivered goods properly until they are released by us.

V. Claims for damages

1. Claims for damages of any kind are expressly excluded; this applies both with regard to any delayed delivery and in the event of warranty defects.
2. The exclusion of damages does not apply in the event of intentional or grossly negligent breach of contract by us. Excluded are damages from positive breach of contract as well as consequential damages due to delivery of delayed or defective goods as well as the absence of warranted characteristics, unless statutory provisions exclude this.

VI. terms of payment

1. We are entitled to send invoices to the Buyer by e-mail; the invoice is deemed to have been received when it has been sent to the Buyer's domain.
2. Our invoices are payable net within 14 days of the invoice date, unless other terms of payment have been expressly agreed.
3. Bills of exchange and checks shall be 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 shall have no claim to the acceptance of bills of exchange and checks.
5. In the event of enforced collection of our claim within the framework of extrajudicial or judicial collection, any discount or cash discount granted shall lapse.
6. Our employees and commercial agents as well as other representatives are only authorized to collect payment upon presentation of a power of attorney in text form. Payment to them can only be made with discharging effect upon presentation of the power of attorney.
7. In the event of default of payment by the buyer and from the 15th day after the invoice date, we are entitled to demand default or maturity interest in the amount of at least the bank interest to be paid by us.
8. If, after conclusion of the contract, we become aware of circumstances that cast doubt on the creditworthiness of the Buyer, we may, at our discretion, demand advance payment or provision of security prior to delivery, in deviation from the agreed terms of payment.

VII. retention of title

1. the delivered goods shall remain our exclusive property until payment of the full purchase price and payment of all outstanding invoices from other deliveries to the Buyer. The retention of title shall remain in force even if individual claims of the seller are included in a current invoice and the balance is drawn and recognized.
2. Any processing or treatment of the goods subject to retention of title within the scope of the buyer's business operations is granted; we shall acquire co-ownership of the new product in the ratio of the value of our goods subject to retention of title to the total value.
3. The buyer is authorized to resell the goods within the scope of business operations. Pledging or transfer by way of security is excluded.
4 The buyer hereby assigns to us the buyer's claim against third parties arising from the resale or further processing of our reserved goods; 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. Claims of the buyer against the damaging party or insurer arising from damage to or destruction of the reserved goods are also assigned.
5 The buyer must inform us immediately of any enforcement measures by third parties against the reserved goods or the claim assigned in advance, handing over the documents necessary for an intervention. If this is omitted, not only the Buyer himself, but also his managing director shall be personally responsible for the resulting damage.
6. At our request, the Buyer shall provide us with the information necessary for collection about the assigned claim and the debtor and shall also notify the debtor of the assignment and its entitlement.
7 If the Buyer is in default or arrears with payment or if there is any other suspicion that the Buyer could or has fallen into financial collapse, we may take back our reserved goods without this constituting a withdrawal. We shall then store them for the buyer as security for our claim. In this case, we shall also be entitled to withdraw from the contract without giving notice.
8. The buyer irrevocably agrees to the collection of the goods under the above conditions and already now authorizes us or our agents to enter his premises in text form. They are also entitled to visit and enter the rooms in which the goods are stored. We shall be entitled to sell the repossessed
goods on the open market after giving appropriate notice and setting a deadline.
9. If the value of the security existing for the seller exceeds the seller's claim by more than 20% in total, the seller shall be obliged to release securities of the seller's choice at the request of the buyer or a third party affected by the seller's excess security.

VIII. Provision of information

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

IX. Tools/molds/tolerances

1. The following special conditions also apply to tools/molds. The above conditions shall continue to apply without restriction insofar as they do not conflict with them.
2. Molds or tools manufactured by us or by third parties on our behalf shall remain our exclusive property, but shall be used exclusively for orders placed by the Buyer. The costs for the production of the molds or tools shall be borne by the Buyer.
3. Molds and tools shall be stored by us for repeat orders, but for no longer than 12 months after the end of the last
delivery, unless otherwise expressly agreed in text form. We shall not assume any further liability.
4 Mold or tool costs shall be payable strictly net without deduction, 50% when the order is placed and 50% after receipt of the reference samples. Discount deductions are not permitted.
5 We may demand payment of all or part of the mold or tooling costs assumed by us in the internal relationship, which we have not charged to the buyer with regard to the scope of the order (call-off orders), if the delivery quantities agreed for the order in question are not accepted within the specified period or after setting a deadline, at the latest within 6 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 molds and tools himself.
7. If the buyer does not pay for the delivered goods or tools, we can use the molds or tools intended for this order for any other purpose after appropriate notification and setting a deadline.
8. If we have to deliver according to drawings, models and samples of the buyer, the buyer is responsible for ensuring that the property rights of third parties are not infringed. We shall inform the Buyer of any rights known to him; the Buyer shall indemnify us against third-party claims and compensate us for any damage incurred. The same obligations shall apply to us in the reverse case.
9 If a third party invokes a property right belonging to it and prohibits us from manufacturing, we shall be entitled to cease work without checking the legal situation, but must inform the Buyer of this immediately.
10. Drafts, drawings, templates, samples, models, design proposals as well as confidential information from us and the buyer may only be passed on to third parties with the permission of the party from whom they originate. Drawings and samples provided to us which have not led to an order will be returned on request. Otherwise, we shall be entitled to destroy them three months after submission of the offer.

X. Data protection

We are entitled to store and process the data about the buyer received in the course of the business relationship, regardless of whether they originate directly from the buyer or from third parties. We guarantee compliance with the provisions of the Federal Data Protection Act. Separate notification of data storage is not required.

XI. Place of performance/applicable law/jurisdiction

1. Place of performance is Hofheim/Taunus.
2. The law of the Federal Republic of Germany shall 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, also for check and bill of exchange processes, insofar as the buyer is a registered trader within the meaning of the law. Otherwise, the statutory provisions shall apply.

XII. Warranty period/statute of limitations

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.