1. Conclusion of Contract

Our terms and conditions apply exclusively. Any deviating terms and conditions shall not apply. Our terms and conditions shall also apply to future transactions with our customers, even if we do not specifically refer to them again.

2. Prices

Our prices are subject to change and are exclusive of statutory VAT. The prices valid on the day of delivery shall apply for invoicing purposes.

3. Terms of Payment

Invoices are payable: 30 days net.
Should there be any doubts regarding the customer’s creditworthiness, we reserve the right to make delivery only upon receipt of payment in advance, and, after a reasonable period, to claim damages for non-performance or to withdraw from the contract.

4. Liability for defects

a) If the customer is a consumer, liability for defects is governed by the statutory provisions. In the case of the supply of second-hand goods, claims for defects become time-barred one year after delivery.
b) If the customer is not a consumer, they must inspect the goods immediately upon delivery and notify us of any defects without delay. Otherwise, the customer may no longer rely on any apparent defects. If the goods delivered are defective, we shall be entitled, at our discretion, to remedy the defect or to supply a replacement. If attempts to remedy the defect fail twice, or if we are unwilling or unable to remedy the defect or supply a replacement, our customer may withdraw from the contract or claim a reduction in price. The rights to withdraw from the contract or to claim a price reduction also apply if the rectification of the defect or the supply of a replacement is unreasonably delayed.

5. Exclusion of Liability
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Claims for damages by our customers who are not consumers are excluded, unless they are based on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent. This exclusion of liability does not apply to damage resulting from injury to life, limb or health.

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6. Delay

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Should we be in default with our delivery, our liability for damages in the event of slight negligence shall be limited to the foreseeable loss. Claims for damages beyond this shall only arise if the delay is due to wilful misconduct or gross negligence. We shall not be liable for cases of force majeure, such as strikes.

 

7. Retention of title

 

a) Where we supply goods to consumers, we retain title to the goods until full payment has been made. The customer may not resell the goods before full payment has been made. The customer must notify us immediately of any attachment of the goods.
b) We reserve title to our goods until all our claims arising from the business relationship with our commercial customers – including orders that have been deferred or not yet fulfilled for other reasons – have been settled. This also applies if we enter all or individual claims against our customer on a current account basis, provided that we have a credit balance arising from the current account relationship.

Our customer is entitled to resell the goods subject to retention of title in the ordinary course of business, provided that they are not in default of their payment obligations to us. Our customer hereby assigns to us, by way of security for our claim, their claims arising from the resale of our goods against their customers, and we accept this assignment. Likewise, in the event of the loss or destruction of our goods, they assign to us their claims arising from other legal grounds against all third parties, including insurance companies, and we accept this assignment. Our customer may collect the assigned claims themselves, provided they fulfil their payment and other obligations to us. He must inform us immediately of any attachment of our property or our claim and provide us with all information and documents necessary for the collection of the claim.

8. Place of performance

The place of performance for both parties is Steinfurt. If our customer is a trader, Steinfurt (Westphalia) shall be the agreed, exclusive place of jurisdiction.