The following conditions apply to all contracts, deliveries and other services.

    I. Conclusion of the contract

    1. Offers are always subject to change.
    2. Unless otherwise agreed, the delivery note shall be deemed to be an order confirmation for all purchases.
    3. Representatives, field workers and other employees are only entitled to receive orders.
    4. We sell exclusively to traders.

    Our company regularly checks your creditworthiness when entering into contracts and in certain cases where there is a legitimate interest. To this end, we cooperate with Creditreform Siegen Ernst Hain KG, Markt 39-41, 57072 Siegen, from which we receive the data we need.

    For this purpose, we will send your name and contact details to Creditreform. For more information on data processing at Creditreform, please visit”

    II. Prices

    Unless fixed prices have been agreed, our list prices valid at the time of delivery shall apply. All prices are exclusive of the current vat. The calculation is based on the prices valid on the day of delivery. The Seller is entitled to adjust the prices in the event of cost increases, exchange rate changes, changes in freight duties and other charges occurring after the conclusion of the contract.

    III. Transfer of risk, shipping, freight

    The supplier selects the shipping route and shipping method. Delivery is made to the address of the buyer. Deviating unloading points must be agreed.

    The risk of delivery passes to the buyer upon dispatch by the vehicle or contract forwarder of the supplier upon delivery of the goods. Upon collection of the goods by vehicle or contract forwarder of the buyer, the risk passes to the buyer when the goods are issued in the supplier’s premises or warehouse.

    If, at the request of the buyer, property insurance is taken out or additional packaging is requested, he shall bear the costs.

    IV. Retention of title

    Until all claims arising from the business relationship, including all ancillary claims, and until payment of a current account balance at the expense of the buyer, the goods remain the property of the seller. If the goods subject to retention of title are sold by the buyer, the buyer already assigns his purchase price claim against his buyer, which he has to disclose on request, to the seller in full.

    The buyer may neither pledge or transfer the goods received under reservation of title.

    The retention of title also remains in place if individual claims have been included in a current account and the balance has been drawn and recognised. The buyer cannot acquire ownership of the goods by processing them into a new item, he processes for the seller. The processed goods serve to secure the demand of the seller’s reservation. In the case of processing with foreign goods not belonging to the buyer by the buyer, the seller is co-owner of the new item in proportion to the value of his goods processed to the foreign ones. The buyer shall reserve the conditional ownership of the goods to his customers until they have paid the purchase price in full.

    All claims of the buyer from the resale of the reserved goods are assigned to the seller. The buyer is authorized to include the claim from the resale. At the seller’s request, the debtor must notify him of the assigned claim.

    V. Payment terms

    Invoices are payable by direct debit or bank transfer and cash on delivery. Invoices are due 5 calendar days after the invoice date. If receipt of the invoice is uncertain, the due date shall be determined after receipt of the goods. The provisions of the German Civil Code apply to the delay. The invoice is sent electronically by e-mail in the ZUGFeRD format (Central User Guideline Forum electronic invoice Germany).

    If the buyer, who is not a final consumer, is in default with his payment obligations, the seller is entitled to charge default interest in the amount of 8% above the applicable base interest rate.

    In the event of a delay, the seller will forward the matter directly to his debt collection agency for collection.

    In the event of a delay in payment, the seller may revoke any discounts or other advantages granted. The same shall apply in the event that the buyer is forfeited or a significant deterioration in the buyer’s financial situation becomes known, which is likely to jeopardize the seller’s payment claims. In this case, the Seller may refuse his outstanding service until an appropriate advance payment is made or security is provided, without prejudice to any other legal possibilities.

    Partial deliveries (commercial sales units) are considered to be closed business and are subject to the above terms of payment. The set-off against the claims of the seller is excluded, unless the counterclaim is undisputed, similar or legally established. The exercise of the commercial right of retention is excluded. For the rest, a right of retention is only permissible if this is based on the same contractual relationship. Complaints of defects do not release from the obligation to pay in due time.

    VI. Delivery

    A prerequisite for compliance with delivery deadlines is the correct and timely self-order of pre-suppliers. If the seller is in default of delivery and has allowed a reasonable grace period to be set by the buyer to pass, the buyer has the right to withdraw from the contract. The cancellation must be declared in writing to the seller immediately after the expiry of the specified period.

    If the delivery is delayed by circumstances for which the seller is not responsible, e.g. by force majeure, etc., the delivery period shall be changed by the duration of this delay and a reasonable delivery period.

    The call-off period for call-off orders is not more than 60 days. If no call is made after this 60-day period, the supplier may choose performance or withdraw from the contract.

    IX. Place of jurisdiction and place of performance

    German law applies. Place of performance and place of jurisdiction is Olpe.

    X. Final determination

    Should this business condition not prescribe any regulation in special cases, the statutory provisions of the German Civil Code (BGB) and The German Commercial Code (HGB) shall apply in addition.

    Should any provision of the contract or the General Terms and Conditions be or become ineffective or if the contract is incomplete, the contract shall not be affected in its remaining content. The invalid provision shall be replaced by such a provision, which comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any gaps in the contract.

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