1. Scope With placing an order the buyer acknowledges these terms and conditions. Terms and Conditions of the buyer - what agreements also like always contain this - is expressly rejected by our Terms and Conditions, unless mutually agreed otherwise expressly and in writing.
2. Prices Prices are home free, excluding packaging, unless specific agreement. The prices of our offers are valid for 3 months, unless a different period has been carried out on the tender. If the case of contracts with a maturity of more than 4 months and open-ended contracts, a significant change in the wage one, material or energy costs, we are entitled to make a reasonable adjustment of prices in consideration of these factors. The prices are not binding for repeat orders.
3. Packaging and shipping Packaging is charged at cost price and not taken back. Unless specifically required, the shipment remains at our discretion without responsibility for cheapest shipment.
4. Payment Our invoices are payable from date of invoice within 30 days net. In late payment we reserve interest at the rate of 8% above the base rate. Off or retention of payments due to any not recognized by us counterclaims of the customer are excluded.
5. Delivery time The delivery period starts when all the documents are to be provided for completion of the order, present and the order confirmation has been made. Delivery shall be carried out as the deadline when the goods have left the works within the agreed period or dispatch has been notified. In the case of force majeure or malfunctions, in particular raw material or energy shortage, machine or tool breakage, strikes, lockouts, transport problems or other unforeseeable, unavoidable and serious events we free ourselves for the duration of the disturbance and in the extent of their effect from their performance obligations. This also applies if these events occur at a time when we are in default. We are obliged to immediately provide the necessary information within reasonable limits and to adapt the obligations to the changed circumstances in good faith. Partial deliveries are allowed. We come to the power in default, the customer may withdraw from the contract if he us for delivery is an appropriate extension and we let this deadline fruitless. Further claims due to default, especially claims for damages are excluded, unless we have caused the delay intentionally or grossly negligent.
6. Retention of title The delivered goods remain our property until all our claims against the purchaser claims. If the buyer sells the goods delivered by us irrespective of their condition, so he assigns now his arising from the sale against his clients up to the amount of our claims to us. The purchaser is obliged to give his customer of the assignment and to give us to assert our rights of all necessary documents and information. If Purchaser of his customer payments, these payments as for us are collected and are to be forwarded to us without delay. Pledges or security assignments before full payment of the goods are not allowed. Seizures by third parties are reported to us immediately by the customer. If the value of the securities given to us our delivery claims by more than 10%, we are obliged, at the request of the purchaser, to release or retransmission.
7. Warranties and Complaints Complaints must be made in writing within 8 days with us asserted. Then they are no longer recognized. We do not assume any liability for the suitability of our product for a specific purpose. The buyer is obliged when using our product itself, to check the suitability beforehand. Excess or short deliveries of 10% are permissible. A right to return or replacement of these amounts does not exist. The right of complaint is excluded if the goods delivered by us have been treated or processed by the purchaser. No returns excepted!!!
8. Cancellation With the order confirmation, the job can no longer be canceled. In the event of unilateral termination by the buyer, the buyer is the total amount of the order guilty.
9. infringement If the goods are produced and delivered in the purchaser particularly prescribed execution (according to drawings, samples or other specific information), the purchaser shall guarantee that by the execution of third party rights, in particular patents, utility models and other intellectual property rights , are not violated. The buyer is obliged to exempt us from all third party claims that might arise from such an injury.
10. Compensation Claims for damages of any kind of debt liability against us are excluded, unless there is intent or gross negligence by us. This also applies to claims for damages from delay, impossibility of performance, from culpable breach of contractual obligations, culpa in contract and tort.
11. Liability Our liability is based exclusively on these terms and conditions. All herein not expressly granted claims, and claims for damages, regardless of the legal reason, are excluded unless we, our legal representatives or our vicarious agents are simple negligence. We are not liable for damages which have not occurred on the delivered goods themselves. Above all, we are not liable for lost profits or other financial damages of the buyer.
12. Limitation All claims against us shall expire not later than in 6 months if not longer limitation periods have been agreed.
13. Call orders, we confirm the following conditions in addition a purchase contract with the express, documentary Declaration, "on demand", as applicable: The buyer is obliged to accept and pay for the purchased goods in the confirmed extent a primary requirement from the concluded contract. Are more details regarding minimum polling quantity and timing of the obligation is not taken for retrieval, then: It's usually at least retrieve the sales minimum. We determine the reasonable discretion. The call must be made at least quarterly. A call order must be completely removed within 12 months. Amounts that are not collected within the agreed period, we keep under calculation of normal storage fee liability therefor, as in our own affairs. The purchase price is payable in accordance with the contract and the date of expiry of the call period. Paragraph 3 2Sentence interest. Polling quantities which are not collected within the agreed period must be paid in advance. We have to send in the agreed form therefore have no obligation if the transaction value for the partial or remaining delivery has been made available to us we reserve the right to make non-demand within the agreed period after the announcement of compensation for non-fulfillment and the goods fail to deliver. Imagine a purchased item or no longer unchanged ago, that has not been accessed within the prescribed period, then: We have the right to choose whether we want to correspond to a polling request yet or not. The latter case we are entitled if we have pointed out the non-call and the obligation to pay damages to make the claim for damages, otherwise we can no obligation to pay any fee from the contract. Insofar as up to that point is not fulfilled, to withdraw.
14. Severability If any provision of these terms and conditions be wholly or partially invalid, the remaining provisions shall remain in effect. Such rules should take the place of ineffective regulations, come closest to the economic purpose of the contract, with due respect for mutual interests of the next.
15. Place of performance, jurisdiction The place of fulfillment for deliveries and payments for both parties is Berlin. The venue for buyers and sellers is Berlin. 01/2015
16.The consumer's right of revocation is therefore only excluded because the goods are manufactured "according to customer specifications" if the entrepreneur suffers significant economic disadvantages by taking back goods made to order, which are specifically related to this and arise from the fact that the goods are only after the customer's order whose special requests was made.