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General Terms and Conditions

§ 1 Validity of the conditions, general information

1.
These general terms and conditions (GTC) apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 paragraph 1 BGB. The general terms and conditions apply in particular to contracts for the sale and / or delivery of moveable items (hereinafter also referred to as “goods”).

2.
The general terms and conditions apply as a framework agreement for future contracts for the sale and / or delivery of moveable items with the same buyer, without us having to refer to them again in each individual case.

3.
Our general terms and conditions apply exclusively. Conflicting, supplementary or deviating conditions of the buyer only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in any case, for example, even if we carry out the delivery to the buyer without reservation, knowing the general terms and conditions of the buyer.

4.
Legally relevant declarations and notifications that the buyer must submit to us after the contract has been concluded (eg setting deadlines, notifications of defects, declaration of withdrawal or reduction) must be in writing in order to be effective.

§ 2 Conclusion of contract

1.
Our offers are subject to change and non-binding.

2.
The order of the goods by the buyer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within two weeks of receiving it.

3.
The acceptance can be declared either in text form (eg by order confirmation) or by delivering the goods to the buyer.

§ 3 Delivery period and delay

1.
The delivery period is agreed individually or specified by us when the order is accepted.

2.
If we are unable to meet binding delivery times for reasons for which we are not responsible (e.g. unavailability of the service), we will inform the buyer of this immediately and at the same time notify the expected new delivery time. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will immediately reimburse any consideration already paid by the buyer. In this case, the non-timely delivery by our supplier applies in particular as a case of non-availability of the service. Our statutory right of withdrawal and termination as well as the statutory provisions on the execution of the contract if the obligation to perform is excluded.

3.
The occurrence of our delay in delivery is determined by the statutory provisions. In any case, a reminder from the buyer is required.

§ 4 Delivery, Danger, Acceptance, Delay in Acceptance

1.
Delivery is ex warehouse, where the place of performance is. At the request and expense of the buyer, the goods will be dispatched to another destination (dispatch purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.

2.
The risk of accidental loss and accidental deterioration of the goods passes to the buyer at the latest when the goods are handed over. In the case of a mail order purchase, however, the risk of accidental loss and accidental deterioration of the goods and the risk of delays pass as soon as the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. The handover is the same if the buyer is in default of acceptance.

3.
If the buyer is in default of acceptance, fails to cooperate or our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs). Proof of higher damage and our legal claims (in particular compensation for additional expenses, reasonable compensation, termination) remain unaffected. The buyer is allowed to prove that we have suffered no damage or only significantly less damage.

§ 5 Prices and terms of payment

1.
Unless otherwise agreed in individual cases, our current prices at the time of the conclusion of the contract apply, ex warehouse, plus statutory sales tax.

2.
When purchasing by mail according to § 4 number 1. the buyer bears the transport costs ex warehouse. The buyer bears any customs duties, fees, taxes and other public charges.

3.
The purchase price is due and payable at the latest within 14 days from the date of invoice and delivery of the goods. For contracts with a delivery value of more than EUR 500.00, however, we are entitled to request a down payment of 100% of the purchase price. The deposit is due and payable within 14 days of the invoice.

4.
With the expiry of the above payment period, the buyer is in default. Interest is paid on the purchase price during the delay at the applicable statutory default interest rate. We reserve the right to claim further damage caused by delay. Our entitlement to commercial maturity interest (§ 353 HGB) remains unaffected.

5.
The buyer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, Section 7 (3) remains unaffected.

§ 6 Retention of title

1.
We reserve title to the goods sold until full payment has been made.

2.
The goods subject to retention of title may neither be pledged to third parties nor fully transferred as security before the secured claims have been paid in full. The buyer must immediately notify us in writing if and insofar as third parties access the goods belonging to us.

3.
If the buyer behaves contrary to the contract, especially if the purchase price is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and to demand the goods back due to the retention of title and the withdrawal. If the buyer does not pay the purchase price due, we may only assert these rights if we have previously unsuccessfully set the buyer a reasonable deadline for payment or such a deadline can be dispensed with in accordance with the statutory provisions.

4.
The buyer is authorized to resell the goods under retention of title in the ordinary course of business.

§ 7 Buyer claims for defects

1.
The purchaser's claims for defects presuppose that he has complied with his statutory inspection and notification obligations (Sections 377, 381 HGB). If there is a defect during the inspection or later, we must be notified immediately in writing. The notification is deemed to be immediate if it is made within 5 working days, the timely sending of the notification being sufficient to meet the deadline. Irrespective of this obligation to inspect and give notice of defects, the buyer must report obvious defects (including incorrect and short delivery, lack of operating instructions and manuals) within 5 working days of delivery, whereby the timely sending of the notification is sufficient to meet the deadline. If the buyer fails to carry out the proper inspection and/or report of defects our liability for the defect which was not reported is excluded.

2.

Insofar as the delivered goods are defective, the buyer is entitled to demand supplementary performance in the form of rectification of the defect or delivery of a defect-free item. We have the right to choose the type of supplementary performance. If the subsequent performance fails, the buyer is entitled to reduce the purchase price or to withdraw from the contract.

3.
We are entitled to make the subsequent performance owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to retain a reasonable part of the purchase price in relation to the defect.

4.
We will bear the expenses required for the purpose of inspection and supplementary performance, in particular transport, travel, labor and material costs, if there is actually a defect. However, if the purchaser's request to remedy the defect turns out to be unjustified, we can demand that the costs incurred from the purchaser be reimbursed.

5.
In the event of an insignificant defect, there is no right of withdrawal. Claims of the buyer for damages or reimbursement of futile expenses only exist in accordance with § 8 and are otherwise excluded.

§ 8 Liability

1.
Unless otherwise stated in these General Terms and Conditions, including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

2.
We are liable for damages - regardless of the legal reason - in the event of intent and gross negligence. In the case of simple negligence, we are only liable for:
a) damage from injury to life, body or health,
b) for damages from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly trusts and may rely); In this case, liability is limited to the replacement of the foreseeable, typically occurring damage.

3.
The limitations of liability resulting from section 2 do not apply if we maliciously concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to claims of the buyer under the Product Liability Act.

§ 9 Limitation

1.
In deviation from Section 438 (1) No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery.

2.
The statutory provisions on physical claims for surrender by third parties (Section 438 (1) No. 1 BGB), in the case of malice on the part of the seller (Section 438 (3) BGB) and for claims in supplier recourse upon final delivery to a consumer (Section 479 BGB) remain unchanged.

§ 10 Choice of law and place of jurisdiction

1.
The law of the Federal Republic of Germany applies to all legal relationships between us and the buyer, excluding international private law and the United Nations Convention on Contracts for the International Sale of Goods.

2.
If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business in Senftenberg.

§ 11 Severability clause

Should individual provisions of these general terms and conditions be ineffective, the effectiveness of the remaining provisions is not affected. Rather, the ineffective provision is replaced by an effective provision that comes close to the effect of the ineffective provision.

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