1. Offer and acceptance
All offers are subject to change. The contract is only concluded upon written confirmation by the user.
The term stated in the order confirmation is non-binding, unless this is expressly guaranteed or agreed.
If a binding delivery date is communicated, the user assumes no liability for late delivery by the service provider (post, DHL, UPS, freight forwarder).
3. Delivery and purchase
The place of fulfillment and success is the seat of the user. Delivery is generally at the expense and risk of the customer. This does not apply to free home delivery agreements.
The packaging material used is calculated at the cheapest cost.
Unless otherwise agreed, the purchaser must pay the stated invoice amount net without deductions within 7 days upon receipt of the goods and invoice.
Unless otherwise agreed, the customary criteria of quality and condition apply depending on the tolerances of the raw material manufacturer / supplier.
The user assumes no guarantee for the quality, stability and suitability of the material supplied by the customer. It is the responsibility of the purchaser to have a sample produced in advance.
As far as possible, the purchaser must examine the goods received upon receipt and report obvious defects immediately.
In the case of justified notifications of defects, the user is responsible for the choice of rectification or replacement delivery.
Warranty claims of the customer due to a defect expire one year after delivery of the contractual item to the customer.
This exclusion does not apply to claims for damages based on a grossly negligent or willful breach of obligations of the user or your vicarious agents, as well as in the case of injury to life, limb and health.
Furthermore, the exclusion does not apply if damage due to a defect is based on the simple negligent breach of an essential contractual obligation, i.e. the simple negligent breach of a duty, the fulfillment of which enables the orderly execution of the contract in the first place and the compliance of which the customer can rely. In this case, liability is limited to the damage that was foreseeable and typical for the contract when the contract was concluded.
This exclusion of liability also applies under the same restrictions of exclusion of liability mentioned here if the customer is entitled to claims for damages instead of performance.
Any existing claims against third parties arising from liability for defects are assigned to the customer. The customer accepts the assignment.
7. Retention of title
All delivered products remain the property of the user until the respective invoice amount has been paid in full.
Resale by the purchaser requires the express consent of the user.
The user must be informed immediately if third parties assert claims on the products delivered by the user or seize them.
With the resale, the purchaser hereby assigns the resulting claims against the purchaser to the user.
9. Place of jurisdiction
For legal disputes, only the registered office of the user is the agreed place of jurisdiction.
10. Subsidiary agreements
Subsidiary agreements require the written form or the written confirmation by the user
Right of withdrawal
The customer has no right of withdrawal, since the components are manufactured according to his specification (§ 312d Abs.4 Nr.1 BGB).
12. Severability clause
Should one or more provisions of the understandable conditions be ineffective, the effectiveness of the remaining points remains unaffected.