1. General information

1.1    Our delivery conditions, as listed below, apply exclusively to all of our deliveries and performances.

1.2    We do not acknowledge any deviating or contradictory conditions, unless we have expressly agreed to them.

1.3    These General Terms and Conditions also apply to all future transactions between the parties, even if we deliver goods in knowledge of deviating or contradictory conditions.

1.4    These General Terms and Conditions only apply to entrepreneurs, legal entities under public law, and special funds under public law within the meaning of section 310 (1) of the German Civil Code (BGB).

1.5    We reserve the right to make technical changes to our documents. We also reserve ownership and copyright to our documents.

2. Quotation, acceptance

Our quotations are subject to change. Insofar as the order constitutes an offer within the meaning of section 145 BGB, we shall be entitled to accept it within a period of 2 weeks in writing or in text form pursuant to section 126b BGB.

3. Prices and payment conditions

3.1    Our prices are ex-works, including packaging costs. Packaging may be returned.

3.2    Minimum order value:

The minimum order value is € 150.00 per order. If an order falls below the minimum order value, we add a minimum quantity surcharge of € 85.00.

3.3    Order quantities and delivery quantity tolerance

For an order quantity of up to 10 pieces, the delivery quantity tolerance is ± 1 piece.
From 10 pieces, we are entitled to deliver up to 20% more or less than the ordered quantity.
From 1,000 pieces, we are entitled to deliver up to 10% more or less than the ordered quantity.
For tools from stock, the minimum order quantity is the smallest packaging unit of the article ordered. Order quantities must correspond to our packaging units.
The minimum order quantity for special tools is
5 pieces.

3.4    Processing fees

For orders from outside the European Union (EU), we charge the following processing fees (customs form, issue of customs documents, bank charges):
– up to €100.00 net per order and delivery €25.00
– up to €250.00 net per order and delivery €20.00
– up to €500.00 net per order and delivery €15.00
– no processing fees are charged on orders over €500.00.

3.5    The agreed price is based on current material costs and wages. If the material costs and wages change before the goods are shipped, then the price also changes in accordance with the percentage change to the material costs and wages, whereby the respective change to the material costs and wages is included in the calculation at the same percentages. In this case, the manufacturing state that exists when the change to the material costs and wages occurs is taken into account, i.e. the adjustment is only made to that part of the price that corresponds to the costs still to be incurred.

3.6    The legally stipulated value added tax is added to the prices.

3.7    Our invoices are payable net by electronic transfer within 30 days of the invoice date.

 

4. Delivery period

4.1    The start of the delivery period given by us assumes that all technical questions requiring the customer’s involvement have been clarified.

4.2    If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the performance), we shall inform the customer of this immediately and at the same time notify the customer of the expected new delivery date. If the performance is still not available by the new delivery date, then we are entitled to wholly or partially withdraw from the contract; any consideration already paid shall be immediately reimbursed to the customer. Non-availability of the performance in this sense includes the failure of our suppliers to deliver to us in good time if we have concluded a congruent hedging transaction. The customer’s statutory rights of withdrawal and termination, as well as the statutory provisions on the execution of the contract in the event of the exclusion of the obligation to perform (e.g. impossibility or unreasonableness of performance or supplementary performance), shall remain unaffected.

4.3    The occurrence of a delivery delay is determined by legal provisions. In any case, however, the customer must provide a reminder. If delivery is delayed due to simple negligence on our part, the customer can demand lump-sum compensation for the damage caused by the delay to the exclusion of other rights. The lump-sum compensation is 0.5% of the net price (order value) for each complete calendar week of the delay, but the compensation shall not exceed 5% of the order value of the particular part of the overall delivery that cannot be used on time or as per the contract as a result of the delay. We reserve the right to demonstrate that the customer has not suffered any damage or significantly less damage than the aforementioned lump sum.

5. Set-off, withholding, suspension of payment

5.1    The customer is only entitled to a set-off if its counterclaims are undisputed and legally valid. The customer may only apply its rights of retention if its counterclaims are based on the same contractual relationship.

5.2    If the customer suspends payments or requests that protective shield proceedings or insolvency proceedings be opened, then all invoices become payable immediately, all rebates and discounts are cancelled, and all outstanding deliveries are made only against prepayment or security.

6. Retention of title

6.1    We reserve the right to retain title to all goods which we deliver until payment has been made for all claims arising from the business relationship with the customer. If the delivered goods are installed in or connected to other systems, then our title also extends proportionately to the finished goods or system that results from the installation. This also applies if payment for the delivery of particular goods designated by the customer has already been made, because the retained title serves as security for our balance claim. If the value of the goods delivered to us under retention of title exceeds our total claim by more than 20%, we shall be obliged to retransfer the goods at the customer’s request. We are free to choose which security is released.

6.2    The customer is permitted, subject to revocation at any time, to resell the delivered goods in the ordinary course of business transactions, unless the claim resulting from the resale has already been assigned to others. This right to resell shall also lapse if the customer ceases to make payments.

6.3    The customer already assigns to us now as security the claims to which it is entitled from the resale or similar commercial disposals. It makes no difference here whether the reserved goods are sold without or after combination with other items.

6.4    If the reserved goods are resold, whether separately, in combination with, or mixed with other goods which do not belong to us, or after further processing, then the assignment only applies to the amount of the applicable invoice between us and the customer for the reserved goods, including value added tax.

6.5    The customer is authorized to collect the assigned claim as long as it fulfills its payment obligation to us. The customer shall transfer the collected amounts to us immediately, insofar as our claims are due. In the event of a breach of the customer’s payment obligation, we are entitled to disclose the assignment of claims to the customer’s contractual partner.

6.6    We are entitled to demand the surrender of the reserved goods if the customer has not fulfilled its payment obligations despite setting a certain number of days or a deadline in accordance with the calendar. The demand for the surrender of goods is simultaneously a withdrawal from the contract.

6.7    The customer is not allowed to either pledge the goods or assign them as security. The customer must inform us immediately if the goods are seized or confiscated or otherwise disposed of by a third party.