Terms and Conditions

Delivery and payment conditions
The following terms of delivery and payment apply immediately to all deliveries and services. Unless other conditions have been expressly agreed in writing. We hereby contradict confirmations by the buyer with reference to his business or purchasing conditions. The application of the uniform law on the international purchase of movable objects and the uniform law on the conclusion of international sales contracts for movable objects of July 17, 1973 is excluded.

1. Offer and prices
All offers are non-binding with regard to price and delivery options as well as delivery times. Prior sale is reserved. The prices are exclusive of sales tax ex warehouse in Munich (except for special offers). In the event of an unjustified refusal of acceptance, we are to be reimbursed for the costs incurred (10% of the purchase price); An unjustified refusal of acceptance also exists if a customer does not accept the goods because of a somewhat longer delivery time without first canceling the order.

2. Delivery times and dates
Delivery times and dates are non-binding, partial deliveries are permitted. Unforeseen delivery obstacles such as cases of force majeure, strikes, operational disruptions in our own area or in that of the sub-supplier, transport difficulties, etc. entitle us to postpone delivery for the duration of the hindrance plus a reasonable start-up time. Or to withdraw from the contract in whole or in part. If we are responsible for non-compliance with bindingly agreed deadlines and dates or if we are in default, the customer is entitled to compensation for default in the amount of 1/2% for each completed week of default, up to a maximum of 5% of the invoice value of the Delivery and services affected by default. Any further claims, in particular claims for damages of any kind, are excluded. Parts that are out of stock at short notice are automatically marked as a backlog and delivered as soon as possible. Otherwise, the invoice will be canceled or it will be noted that the article must be requested again after a certain period of time.

3. Shipping
The risk passes to the customer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of dispatch; in the case of dispatch abroad, the international delivery conditions according to Incoterms 1990 apply in addition to these conditions.

4. Packaging
The packaging will be charged separately.

5. Terms of payment and accounting basis
Unless a different method of payment has been agreed, the invoice amount is due without deduction within 14 days of the date of the invoice, regardless of any complaints. If the period of 14 days is exceeded, default interest of 3% above the respective Lombard rate of the Deutsche Bundesbank can be charged, unless we can prove a higher damage. A payment is only considered to have been made when we can dispose of the amount. In the case of checks, payment is only deemed to have been made when the check has been cashed. If the invoice is in a non-German currency, the calculation is based on the daily rate of the DM on the day of invoicing. If there are deviations of more than 5% on the day the payment is received, we are entitled to recalculate.

6. Retention of title
All goods delivered by us remain our property until they have been paid for in full. Ownership only passes to the buyer when he has paid all his liabilities from all deliveries of goods and from all checks and all bills of exchange. In the event of seizure of goods or other access by third parties, the buyer must point out our ownership and notify us immediately. If the buyer processes other goods that do not belong to us, we are entitled to ownership of the new item in the ratio of the value of our products to the value of the finished product. The same applies to the new item as to the reserved goods. The customer's claims from a resale, regardless of whether the goods subject to retention of title have been sold without or after processing, are now assigned to us. If the reserved goods described in this way are sold together with other goods not received by us, the assignment of the claim from the resale only applies to the amount of our delivery price. The customer is entitled to collect claims from the resale until our revocation, which is permissible at any time. If the securities to which we are entitled due to the retention of title exceed the value of the secured claims by more than 25%, we undertake to release the securities.

7. Defects
Complaints must be reported within 8 days of receipt of the goods. In the case of justified notifications of defects, we have the right to either remedy the defects or to take back the goods with a credit note for the amount invoiced or to provide a replacement free of charge within a reasonable period or to credit the buyer with the reduced value of the goods. Further claims from liability for defects are excluded. The same applies to claims for damages for whatever reason, unless they are based on the lack of a guaranteed property or an intentional or grossly negligent breach of contract. Parts that have already been used, especially if they have already been installed, cannot be exchanged.

8. Place of performance and jurisdiction
The place of performance and, to the extent legally permissible, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Munich. Should any provision in these terms and conditions be or become ineffective, this shall not affect the validity of any other provisions or agreements.