Terms and Conditions
1. General Provisions
Our deliveries, services, and offers are made exclusively in accordance with these Terms and Conditions. These apply to all current and future business relationships.
Any deviating, conflicting, or supplementary general terms and conditions shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed to.
2. Conclusion of the Contract
Our offers are subject to change without notice.
The order constitutes a binding offer. We may accept this offer in writing or by delivering the goods to the customer within 2 weeks of receipt.
The contract is concluded subject to correct and timely delivery to us by our suppliers, provided that we are not responsible for the non-delivery, in particular in the event of the conclusion of a congruent covering transaction with our supplier.
The buyer will be informed immediately of the unavailability of the service. The consideration will be refunded immediately. The application of Section 312e(1)(1) and (2) of the German Civil Code (BGB) is excluded.
3. Prices, Payment
All prices are net prices plus the applicable sales tax.
Orders for which fixed prices have not been expressly agreed upon will be billed at our prices in effect on the date of delivery.
4. Transfer of Risk
The risk of accidental loss or accidental deterioration of the goods passes to the buyer upon delivery; in the case of a sale by shipment, upon delivery of the goods to the shipping agent, the carrier, or any other person designated to carry out the shipment. The goods are deemed to have been delivered even if the buyer is in default of acceptance.
5. Retention of Title
We reserve title to the goods until all claims arising from an ongoing business relationship have been paid in full.
The buyer is obligated to notify us immediately of any access by third parties to the goods—such as through attachment—as well as of any damage to or destruction of the goods.
The buyer is not permitted to pledge the goods as collateral or transfer them as security.
If the buyer acts in breach of the contract—in particular in the event of late payment or any other breach of obligation—we are entitled to rescind the contract and demand the return of the goods.
The buyer is entitled to resell the goods in the ordinary course of business. The buyer hereby assigns to us any claims arising from the resale or any other legal basis against a third party as a result of the resale. We accept the assignment. The buyer is revocably authorized to collect the assigned claims on our behalf in its own name. We reserve the right to collect the claim ourselves as soon as the buyer defaults on its payment obligation.
Any processing or treatment of the goods by the buyer shall always be carried out in our name and on our behalf, without, however, giving rise to any obligations on our part. If the goods are processed together with items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods delivered by us to the value of the combined item.
6. Warranty
We shall initially provide a warranty for defects in the goods, at our discretion, by repair or replacement (subsequent performance).
If the subsequent performance fails, the buyer may generally, at his or her discretion, demand a reduction in the purchase price or rescission of the contract. However, in the case of only minor breaches of obligation—in particular, only minor defects—the buyer has no right to rescind the contract.
Obvious defects must be reported in writing within two weeks of receipt of the goods; otherwise, the assertion of a warranty claim is excluded. Timely mailing is sufficient to meet the deadline. We hereby point out that the buyer bears the full burden of proof for all prerequisites of the claim, in particular for the defect itself, for the time at which the defect was discovered, and for the timeliness of the notice of defect.
Apart from rescinding the contract due to a material or legal defect following failed subsequent performance, the buyer is not entitled to damages for the defect.
If the buyer opts for damages after a failed attempt at subsequent performance, the goods shall remain with the buyer, provided this is reasonable for the buyer. Damages are limited to the difference between the purchase price and the value of the defective item. This does not apply if we caused the breach of contract through fraud.
The warranty period is one year from the date of delivery of the goods.
As a general rule, only our product description is deemed to have been agreed upon as the quality of the goods. Public statements, promotional claims, or advertising do not constitute a contractual specification of the goods’ quality.
We do not provide the buyer with any guarantees in the legal sense.
7. Liability
In the event of breaches of duty due to slight negligence, our liability is limited to the average direct damages that are foreseeable given the nature of the goods and typical for this type of contract. This also applies to breaches of duty due to slight negligence on the part of our legal representatives or agents. We are not liable for breaches of minor contractual obligations due to slight negligence.
The foregoing limitations of liability do not apply to the buyer’s claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of bodily injury, damage to health, or loss of life suffered by the buyer that is attributable to us.
The buyer’s claims for damages due to a defect are subject to a statute of limitations of one year from the date of delivery of the goods. This does not apply if we can be accused of fraudulent intent.
8. Final Provisions
The laws of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
The exclusive venue for all disputes arising from this contract is Heilbronn/Neckar.
Should any of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic purpose most closely approximates that of the invalid provision.