General Terms and Conditions of Business
1. Scope of application
Our offers and services are provided exclusively on the basis of the following terms and conditions.
If these are included in a contract, they shall also apply to the further business relationship unless the customer expressly objects thereto.
The validity of deviating or contradictory terms and conditions is objected to.
Assurances, ancillary agreements and amendments must be in writing or expressly confirmed in writing. This also applies to the waiver of the written form requirement.
2. Offers and Catalogues
Our quotations and cost estimates are FREE and non-binding, unless we expressly state that they are binding.
Illustrations and information in catalogues or brochures are mere approximations unless we expressly designate them as binding. We otherwise reserve the right to make changes to the type of construction and design.
Unless otherwise agreed, delivery times are not binding.
If a customer places an order in writing, we may accept it within two weeks of receipt orally, by telephone, by sending a written order confirmation or by providing the requested service.
2.5. 2.5 If prices are included in our offers and cost estimates, these are net and in euros, unless otherwise stated or agreed.
The prices do not include costs for packaging, transport, training, assembly and installation, unless otherwise agreed.
Application advice contained in our offers, both verbally and in writing, shall only be considered non-binding information and shall not release the user from his own obligation to examine the product, taking into account the intended purpose of use.
3. General provisions
It is agreed that the law on contracts for work and services shall apply.
The performance of the service by us shall be in accordance with the instructions and wishes of the customer. Insofar as we are not to be blamed for consulting errors in this respect, our own instructions shall also be the responsibility of the customer if they were objectively incorrect or were given due to error.
We are entitled to have contractual services rendered in whole or in part by subcontractors. Subcontractors are not authorised to represent us in legal transactions. Agreements made by the customer with the subcontractor shall not be legally binding on us.
We are entitled to provide the service in parts insofar as this is reasonable for the customer.
If we are in default with a service and this is not due to intentional or grossly negligent conduct, our liability for damage caused by delay shall be limited to the foreseeable, typically occurring damage.
The dispatch of our products shall be at the expense and risk of the customer. This shall pass to the recipient upon delivery of the goods from our factory.
Our performance shall be deemed accepted upon receipt by the customer without complaint. Acceptance shall be deemed without objection if objections are not raised immediately despite knowledge or awareness of the circumstances justifying them.
4. Prices and terms of payment
Unless otherwise agreed, our invoices are payable within 14 days of receipt without deduction of any discount. They shall be deemed to have been effected when credited to our account.
In the case of orders from new customers, we shall be entitled to demand advance payment at our reasonable discretion.
We shall be entitled to hand over services rendered to the customer only against advance payment or cash on delivery.
In the event of default of payment by the customer, all payment claims arising from the business relationship shall become due immediately. The statutory interest on arrears shall apply. Any further damage caused by default shall remain unaffected. In particular, the customer shall be obliged to pay a processing fee of EUR 5.00 for each reminder sent after the occurrence of default.
If the customer is in default of payment, we shall be entitled to a lien on any items brought in by the customer, even if these were made available for another order.
Furthermore, in the event of default in payment, we shall be entitled to assert a right of retention with regard to further services for the customer, even if these services are owed on the basis of other orders.
The customer shall only be entitled to offset our claims for payment and to assert rights of retention in the event of undisputed counterclaims or counterclaims which have become res judicata.
All payments based on the contract shall be made in euros unless otherwise agreed.
5. Retention of title and copyright
Delivered goods remain our property until full payment has been made.
The customer is entitled to process and sell the goods subject to retention of title in the ordinary course of business. Claims against third parties resulting from this shall be assigned to us in advance as security for our payment claim.
The assertion of the reservation of title as well as the reclaiming of the reserved goods by us shall not be deemed a withdrawal from the contract.
In the event of seizure or other access by third parties to the goods subject to retention of title - in particular acts of execution - the customer shall draw attention to our ownership and notify us immediately and take all measures necessary to cancel or ward off such access.
Cost quotations, drawings and quotation documents shall remain our property; we alone shall be entitled to the copyright exploitation rights thereto.
In the case of orders involving special development work, the client shall not acquire any inventor's rights, copyrights or utility model rights to the developed items and to the equipment for manufacturing the items, unless expressly agreed otherwise.
6. Data security and transmission
We make every effort to protect data provided to us from unauthorised access by third parties and from interference by viruses and sabotage programs, both during data transfer and during data processing. However, absolute protection cannot be guaranteed according to the current state of the art. The customer's attention is expressly drawn to the resulting risk.
On the basis of the foregoing, the customer is obliged to keep backup copies of the data made available to us. If this is not done, we cannot be held liable for any damage arising as a result.
If the customer wishes data to be transferred by e-mail, this shall be done in a simple, unencrypted manner. The risk of sending data by e-mail, in particular the risk of non-receipt of the transmitted e-mails and data, shall be borne by the customer.
We reserve the right to delete all order-related data three months after completion of the order. The customer is entitled to acquire the data on a suitable storage medium.
The customer's warranty rights shall be governed by the provisions of the law on contracts for work and services.
The customer shall give notice of any recognisable defects immediately and in writing after receipt of the service. In the case of hidden defects, the customer shall be obliged to give notice of the defect immediately and in writing after the defect has become known. Failure to comply with the obligation to give notice of defects shall result in the loss of the warranty claim.
Wear and tear caused by use is excluded from the warranty.
If operating and maintenance instructions are not observed, if changes are made to the products by the customer or third parties, if parts are replaced or used that do not comply with the original specifications, a warranty shall not apply.
If it turns out that a reported defect is due to operating errors on the part of the customer, the customer shall bear the costs incurred by subsequent performance.
Only the customer is entitled to warranty rights and these are not assignable without our written consent.
We are only obliged to pay damages in the following cases:
a) injury to life, body and health
b) claims arising from the Product Liability Act
c) assumption of guarantees and fraudulent intent
d) breach of essential contractual obligations
e) otherwise only in cases of intent and gross negligence
Insofar as we are only liable for damages in accordance with lit. e) above, the amount of liability shall be limited to compensation for the typically foreseeable damage.
We assume no liability for:
a) Damage, loss of data and delays caused by malfunctions of the customer's computer system, the data network, power failure or acts of third parties, unless caused intentionally or by gross negligence.
b) Correctness, completeness and truthfulness of the information, templates and data provided by the customer.
c) Damage, delays and loss of data due to the material provided by the customer, in particular data carriers, software and hardware.
9. Final provisions
Insofar as the customer is a registered trader or a legal entity under public law, the place of performance and exclusive place of jurisdiction shall be Nuremberg.
Should individual provisions of the contract be invalid, this shall not affect the validity of the rest of the contract. In this case, the contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. International conventions, in particular the UN Convention on Contracts for the International Sale of Goods, are excluded.
The customer agrees that personal data collected in the course of the business relationship may be stored and automatically processed in the computer system.
V1.1 Status: 02/2021