§ 1 General

1. We sell and deliver our products exclusively under the following General Terms and Conditions (GTC) and exclusively to entrepreneurs as defined by § 14 BGB, to legal entities under public law or special funds under public law. A sale to consumers in terms of § 13 BGB does not take place.

2. These GTC shall also apply in the version valid at the time of the respective order by the Buyer to all similar future contracts for the sale and/or delivery of movable goods with the same Buyer, without us having to refer to them again in each individual case.

3. Verbal agreements are invalid. Declarations as well as commitments are only binding after our express written confirmation. Differing, conflicting or supplementary general terms and conditions of purchase (GTCP) of the Buyer shall only become an integral part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the Buyer without reservation in knowledge of the Buyer's GTCP and have not expressly objected to it.

§ 2 Conclusion of the contract

1. Our offers are subject to change and non-binding. This shall also apply if we have provided the Buyer with catalogs, technical documentation, other product descriptions or documents, also in electronic form, to which we reserve ownership rights and copyrights. We reserve the right to make technical changes as well as price changes.

2. If the Buyer does not expressly request an order confirmation, the invoice sent or enclosed shall also be considered an order confirmation.

§ 2.1 Conclusion of contract among absentees

The order by the Buyer shall be considered a binding offer of contract. Unless otherwise stated in the order, we are entitled to accept this contract offer within 2 weeks after receiving it.

§ 2.2 Conclusion of contract among those present

1. In the case of a contract concluded among persons present, the purchase contract shall be considered concluded with the signature of the buyer on the order. The buyer receives a digital or paper copy of the order form.

2. In the case of conclusion of the contract among those present, the digital or paper copy of the order form provided to the Buyer shall be deemed to be the order confirmation.

§ 3 Prices and payment conditions

1. We always deliver at the prices valid on the day of delivery. This applies especially to orders and purchase orders for longer periods of time, even if the original order or order confirmation was based on a different price.

2. Our prices are ex works including packaging and excluding shipping costs. All prices quoted are in euros plus the applicable statutory value-added tax.

3. The buyer has the choice between the following payment methods: prepayment by bank transfer, immediate cash payment, check or cash on delivery. For first orders we deliver in principle only against prepayment.

4. In the event of payment of the purchase price against invoice, the Buyer shall pay directly to us within 7 days of the invoice date and exclusively to one of our accounts. The deduction of a discount is only permissible with a special written agreement.

5. Upon expiry of the aforementioned payment deadline, the Buyer shall be in default. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to assert further damage caused by default. Towards merchants, our claim to the commercial due date interest (§ 353 HGB) remains unaffected.

§ 4 Delivery

1. In the case of orders placed by telephone or verbally, in the event of disagreement on the terms of the contract, the Buyer shall provide evidence of any discrepancy with our written contractual offer.

2. All deliveries are made from the warehouse in Tuttlingen at the risk of the Buyer. As proof of the proper shipment of the goods, the presentation of the receipt of the respective shipping carrier is sufficient.

3. We reserve the right to make partial deliveries. The prerequisite is that the respective partial delivery can be used in detail by the buyer.

4. We do not assume liability for determining the most favorable shipping route.

5. In the event of a delay in acceptance by the Buyer, we shall charge 10% of the Brutto Sales Price as compensation for the damage caused by the delay. In the event that the actual damages exceed the amount stated, we reserve the right to prove and claim the higher damages.

§ 5 Delivery periods/delay in delivery

1. Ordered goods, which are in stock, will be made ready for shipment by us within the shortest possible time.

2. The occurrence of our delay in delivery shall be determined in accordance with the legal regulations. In any case, a reminder by the Buyer is required. If we are in default of delivery, the Buyer may demand compensation for his damages caused by the delay on a lump-sum basis. The lump-sum compensation shall be 0.5% of the net price (delivery value) for each full calendar week of the delay, but not more than a total of 5% of the delivery value of the goods that were delivered late. We reserve the right to prove that the Buyer has not suffered any damage or that the damage is significantly less than the aforementioned lump sum.

3. The rights of the Buyer according to § 10 of these GTC and our legal rights, in particular in case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), shall remain unaffected.

4. The Buyer shall only be entitled to withdraw from the contract due to non-compliance with the delivery deadline if he has granted us a period of at least four weeks' extension in writing.

§ 6 Transport risk, transfer of risk in case of shipment

1. If the goods are shipped to the Buyer at the Buyer's request, the risk of accidental loss or accidental damage of the goods shall pass to the Buyer upon handover of the goods to the carrier, forwarder or person designated to perform the transport, at the latest upon leaving the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who carries the freight costs.