Terms of Service

Terms of Service

§ 1 validity of the conditions

1.1. All offers, deliveries and services of the seller are subject to the following conditions.
1.2. These therefore apply to all future business relationships, even if they are not expressly agreed again. At the latest with the receipt of the goods or services, these conditions are considered accepted. Counter-confirmations of the orderer with reference to his conditions are herewith contradicted. This also applies in the event that the purchaser has prescribed a specific form for the contradiction. Deviations from these terms and conditions are only effective if confirmed by us in writing.

§ 2 Offer, conclusion of contract, delivery

2.1. Our offers are non-committal and non-binding. Patterns and brochures are merely illustrative material. Consequently, drawings, illustrations, dimensions, weights and other services in our sales documents are only binding if agreed in writing. The reference to DIN regulations is only description of goods, no assurance of properties. Product customary deviations and tolerances are expressly reserved.
2.2. Declaration of acceptance and all orders require the legal validity of our written, electronic confirmation or confirmation in writing. The same applies to additions, amendments and ancillary agreements. The order confirmation / declaration of acceptance must be checked immediately in terms of number of pieces, in terms of dimensions and technically, and if applicable, notified. If no immediate complaint is made, the order confirmation will be produced. Subsequent changes will only be made after express, written confirmation by us. The resulting additional costs are to be borne by the client.
2.3. The packaging is charged at our cost. The packaging is done with the utmost care and according to the requirements of the products.
2.4. The shipping costs are borne by the customer. A takeover of the shipping costs by us is possible depending on the quantity purchased, but to be agreed separately. The choice of the shipping route is reserved.
2.5. If an order consists of several partial deliveries, each delivery is considered a separate transaction. We are entitled to make partial deliveries unless the partial delivery is of no interest to the customer. In the case of call orders, we also reserve the right to price changes due to, for example, increased material or labor costs if the delivery is to be made later than 4 months after conclusion of the contract.

§ 3 Payment

3.1. Our invoices are to be paid without deductions within the period of payment stated on the invoice. Payments are only to be made directly to us using the specified account details. The granting of discounts or discounts are to be agreed separately as collateral agreements.
3.2. A set-off with the claims of the buyer is excluded, unless the claim is undisputed or legally established by us.
3.3. From the due date, interest shall be charged in the amount of 5% above the respective base interest rate in accordance with § 1 Discount Transition Act under assertion of any further default damages.
3.4. If the fulfillment of the payment claim is jeopardized due to a deterioration of the purchaser’s financial circumstances after the conclusion of the contract, the supplier may demand advance payment of all outstanding invoices not yet due, withhold goods that have not yet been delivered, and discontinue further work on orders that are still in progress. The supplier is also entitled to these rights if the buyer does not make a payment despite a reminder based on default. In the event of late payment, default interest in the amount of 5% above the respective base interest rate according to § 1 Discount Transition Act is payable. The assertion of further damages due to delay is not excluded by this.

§ 4 Delivery time

4.1. Delivery dates and deadlines, which are agreed as binding or non-binding, must be in writing. Delivery times begin on the day on which the written agreement for an order comes about. If details of the execution are still open, which in the opinion of only one of the parties are in need of regulation, then the delivery periods do not begin before complete clarification of all execution details.
4.2. The agreed delivery date determines the time of shipment ex works.
4.3. Delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for us, even if they occur to our supplier or its suppliers, are beyond our control even for bindingly agreed deadlines and deadlines. They entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the unfulfilled part.
4.4. If the hindrance lasts more than two calendar months, the customer is entitled, after a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or if we are released from the obligation, the customer can not derive any claims from this.
4.5. On the in 4.3. and 4.4. We may only invoke such circumstances if we notify the purchaser immediately of the occurrence of these events.

§ 5 Supply contracts on call

5.1. In the case of contracts with continuous delivery, call-off quantities and delivery dates must already be notified to us when placing the order. We are entitled to produce the total quantity of the order in accordance with our production planning at any time during the delivery period, unless expressly conflicting agreements have been made. If the total quantity is manufactured so subsequent changes of the ordered goods are not possible.
5.2. If the order quantity has not been accepted in the call period, we are entitled to demand acceptance and payment of the entire remaining order quantity. The purchaser is in default with the acceptance of the unclaimed part at the end of the retrieval period.
5.3. If a call-off period has not been set, we shall be entitled to set a deadline for further call-up in the case in which the customer has not made a call in a customary period for a call and after this fruitless expiration and payment of the entire remaining order quantity to demand.

§ 6 Notice of defects / warranty

6.1. Notifications of defects or other complaints can only be considered if they have been notified to us in writing within eight days after receipt of the goods at the place of destination and in the case of hidden defects which can not be detected within this period within a period of eight days after their discovery ,

6.2. In the case of timely and recognized by us complaints, we reserve the right to provide replacement for rejected and returned goods or to repair the rejected goods. If the rectification or the replacement or subsequent delivery fails, or the repair or replacement within a reasonable period is not possible or expires a reasonable grace period set by the buyer, without the defect is resolved, the buyer may, to the exclusion of all other claims at his discretion Demand conversion or reduction. Shipping costs, which are required by the replacement delivery, are our responsibility.
6.3. Claims for damages that go beyond the warranty claims according to section 6. 2. are excluded – for whatever legal reason. This does not apply if the applicable law prescribes liability in cases of intent, gross negligence or the lack of warranted characteristics.
6.4. We are not liable for the suitability of our goods for the application intended by the buyer, unless this is expressly stated in our catalogs or technical documents or is expressly guaranteed by us.
6.5. Our products are technical working equipment according to the device safety law and may only be used as intended. Improper use of our products and their accessories as well as any unauthorized modification to them without our express written consent releases us in the event of damage from all obligations.

§ 7 Return of goods

7.1. Returns of goods that are not based on notifications of defects generally require our prior written consent.
7.2. In the case of such a return of goods we write for original packed and undamaged goods 80% of the legitimate price well. The customer reserves the right to prove that the costs incurred for necessary refurbishment, repackaging and stock processing are less than the lump sum. In the case of return of non-original packaged and damaged goods, the costs for repair and repackaging will be deducted from the credit amount in addition to the processing fee of 30% of the price of the goods.
7.3. Custom-made products, not listed in the current catalogs items are generally not taken back.
7.4. Returned samples will only be fully credited if they have been previously calculated and in a visually and technically flawless condition.

§ 8 Retention of title

8.1. Until the full settlement of all business relationships – including interest and costs – we retain title to the delivered goods. The buyer is obligated to the special storage and insurance of the goods subject to retention of title and has to provide us with proof of the effected insurance upon request.
8.2. The buyer is entitled to sell the goods, also processed, in the ordinary and orderly course of business. However, he has to reserve the property until full payment of his purchase price. He may not mortgage the goods subject to retention of title or transfer them as security and must notify us immediately of third-party seizures.
8.3. If the buyer processes or processes goods delivered by us or if he combines these with other goods not belonging to us, the processing or processing takes place free of charge for us as the manufacturer. A purchase of property by the buyer within the meaning of § 95 BGB does not take place. The buyer keeps the newly created goods for us free of charge. When processing our goods with the goods of other suppliers by the buyer, we become pro-rata co-owners of the new thing. Insofar as we become owners or co-owners through the processing or processing of new items, the provisions applicable to the goods subject to retention of title also apply mutatis mutandis to them or our co-ownership share.
8.4. The buyer hereby assigns to us the claims due to him from the resale. If the reserved goods are resold after processing – in particular goods not belonging to us – the assignment shall be deemed to have been made only in the amount of the sales value of our reserved goods. If the third party debt is higher than our claim, the claim against the third party debtor shall only be transferred to us insofar as it corresponds to the value of our reserved goods.
8.5. The buyer is entitled to collect the claims assigned to us from the third party purchaser for us, but has to transfer the collected amounts to us immediately. We reserve the right to collect the claims directly from the third party purchaser, who must be named to us for this purpose.

§ 9 special provisions for orders according to drawings, models, etc.

9.1. Our own drawings, samples and models may in principle be made available to third parties only in the case of our prior written consent.
9.2. If we have to deliver according to drawings, samples or models of the buyer, the buyer assumes liability for the fact that we do not infringe any third-party property rights. We undertake to use the templates only for the order of the buyer, unless otherwise specified
Use is expressly agreed. The buyer is obliged to indemnify us from all claims of third parties because of the violation of industrial property rights, this also applies to any legal costs incurred by us. For any legal costs, the buyer has to pay us on request a reasonable advance.

§ 10 Federal Data Protection

We shall be entitled to process the data relating to the business relationship or in connection with it via the purchaser, whether these originate from himself or from third parties, in the meaning of the Federal Data Protection Act by EDP. In accordance with § 26 I and § 43 III BDSG, we hereby inform the buyer of the storage of his data.

§ 11 Place of performance, place of jurisdiction

11.1. Place of performance for all claims arising between the customer and the seller is the seller’s domicile.
11.2. In the event that the customer is a merchant within the meaning of the HGB, Dresden is the exclusive place of jurisdiction.

§ 12 Applicable law, effectiveness, written form

12.1. The law of the Federal Republic of Germany.
12.2. Changes and additions to the provisions contained in these terms and conditions must be in writing in order to be effective and in accordance with the agreements in the purchase contract. Verbal or written side agreements bind the seller only after written confirmation.
12.3. Should one or more provisions be ineffective, this shall not affect the validity of the remaining provisions.

Radebeul, September 1, 2009