Terms and conditions

First General / Scope

1.1 Orders are processed by the customer only with the involvement of our sales, which are exclusively applicable. Opposing or deviating from our terms and conditions of the buyer, we do not recognize, unless we have expressly agreed to their validity. Our conditions are also valid, if we are aware of contrary or deviating from our terms and conditions without reservation, makes delivery to the buyer.

1.2 Our conditions of sale apply to all future transactions with the buyer.

Second Offer / Offer Documents / Copyright

2.1 Our prices-even if these are published on the Internet, are always subject to change. If the buyer's order as an offer within the meaning of To qualify § 145 BGB, we can accept it within 4 weeks.

2.2. To illustrations, sketches, samples, patterns, models, drawings, calculations, sales aids and other documents and things, we reserve recovery, property and copyright of their prior disclosure to third parties without our express written consent of the buyer.

Third The technical advice

3.1 Application Technical advice we give to our best knowledge. Data and information on the suitability and application of our products do not release the buyer from their own tests on the suitability of products for the intended processes and purposes, our recommendations are not binding and do not establish a legally valid contractual relationship or any ancillary obligations under the purchase agreement unless otherwise expressly agreed in writing. For such exceptions apply nachst. points. 3.2 and 3.3.

3.2 For technical advice, we are only liable for intent and gross negligence. In other cases, we are also liable for simple negligence, but only for breach of a contractual obligation, whereby the liability for lost profits, is excluded for damages from third-party claims against the Buyer, and for other consequential damages.

3.3 If we are not accused of intentional breach of contract, liability for damages in the rest of the foreseeable, typically occurring damage is limited.

4th Mindesauftragsmengen / tolerances

4.1 The respective minimum order values ​​arise from our current price list.

4.2 We are entitled to in the contract of sale agreed quantities up to 10% above or falling below.

5th Price / Payment

5.1 Unless specified in the order confirmation does not state otherwise, our prices are ex Greven, excluding packaging plus shipping costs but they billed separately. We reserve the right to change our prices accordingly, after the conclusion of the contract cost reductions or cost increases, particularly due to collective agreements or material price changes. We will prove the Purchaser on request.

5.2 The VAT is not included in our prices, they will be shown separately in the statutory amount on the invoice and the invoice.

5.3 The deduction of a discount requires separate written agreements. Delivery takes place either in advance or cash on delivery plus shipping costs.

5.4 Unless specified in the order confirmation states otherwise, the purchase price with no deductions delivery of the goods is due for payment. If the buyer defaults on payment, we are entitled to charge interest at a rate of 5% over the 01.01. of each year what has been valid base rate iS Transition Act to require the Deutsche Bundesbank - of § 1 paragraph (1) discount rate. Insofar as such a base rate of the Deutsche Bundesbank because of time between introduction of a key interest rate are no longer the European Central Bank should, instead, is this key rate. If we are able to prove a higher loss, we are entitled to claim it. The buyer is entitled to prove to us that we have incurred as a result of the delay no or much less damage.

5.5 off rights to the buyer only if his counterclaims have been legally established, undisputed or acknowledged by us. In addition, the buyer to exercise a right of retention only insofar as his counterclaim is based on the same contractual relationship.

6th Compliance / acceptance

6.1. The beginning of the quoted delivery time assumes that all technical issues.

6.2 Compliance with our delivery obligation requires the timely and proper fulfillment of the obligation of the buyer. The defense of breach of contract.

6.3 If the buyer delays acceptance or violates other cooperation obligations, we are entitled to demand the compensation for any damages incurred including any additional expenses. Further claims are reserved.

6.4 If the conditions of para. 6.3 are present, the risk of accidental loss or accidental deterioration of the purchased goods to the buyer at the time in which he is in default of acceptance or payment.

6.5 We are liable under the statutory provisions if the underlying purchase contract is a fixed date within the meaning of § 361 BGB or of § 376 HGB. We are also liable under the statutory provisions, insofar as the result of one of us is entitled to delay in delivery of the buyer to claim that his interest in the further fulfillment of the contract discontinuance.

6.6 We are also liable under the statutory provisions if the delay in delivery for any of us to deliberate or grossly negligent breach of contract, one of our representatives or agents shall be attributed to us. If the delivery delay is not one of us is due to willful breach of contract, our liability is limited to the foreseeable, typically occurring damage.

6.7 We are liable under the statutory provisions if the arises from a delay in delivery to the culpable breach of a contractual obligation, in this case, however, the liability for damages to the foreseeable, typically occurring damage.

6.8 If the delivery delay only to a culpable breach of a non-essential contractual obligation, the buyer is entitled for each completed week of delay as a lump sum compensation in the amount of 3% of the value to a maximum of no more than 15% of the value.

6.9 Proper and timely self-delivery.

6:10 Partial deliveries are permissible.

6.11 The delivery times stated are approximate only, unless a specific delivery time is expressly agreed in writing as a fixed date.

7th Risk / Packaging

7.1 Unless otherwise specified in the order confirmation states otherwise, the delivery of business from Greven agreed.

7.2 Transport and other packaging in accordance with the Ordinance may not be returned, except pallets and crates. The buyer is obliged to keep reusable and returnable packaging such as pallets and transport crates and are in proper condition to return.

7.3 If the buyer wishes, we will cover delivery by transport insurance; this regard shall be borne by the buyer.

8th Warranty for defects

8.1 Offering performance rights of the buyer presuppose that his obligation under § § 377, 378 inspection and complaint has complied with properly.

8.2 Unless one for which we are responsible for a defect of the purchased goods, we are entitled, at our discretion to correct the defect or replacement delivery. In case of repair, we are obliged to bear all of the defect necessary expenses, in particular transport, displacement, labor and material costs, provided they are not increased by the fact that the goods have been transported to another place than the place.

8.3 If the defect / replacement fails, the purchaser shall be entitled at its option, to require conversion (cancellation of the contract) or a corresponding reduction in the purchase price (reduction). If the purchase thing lacking a warranted property, we are liable under the statutory provisions of § § 463, 480 paragraph (2) Civil Code for damages for nonperformance. This does not apply if the purpose of the warranted only to the conformity of the underlying delivery, but does not extend to the risk of consequential damage.

8.4 Insofar as nothing otherwise, further claims of the buyer - for whatever reasons - are excluded. We are therefore not liable for damages that are not caused to the item itself, in particular, we are not liable for lost profits or other financial damages of the buyer.

8.5 If we violate a cardinal duty or material contractual duty, our obligation to the compensation of our product liability insurance. We are willing to lend to the buyer on demand view our policy. We commit ourselves to the insurance until the expiration of the warranty according to the following points. 8.6.aufrechtzuerhalten. If the insurance policy does not cover, we are obliged to respect themselves take action, in this case, however, the liability for damages to the foreseeable, typically occurring damage.

8.6 The warranty period is 6 months from the expected risk. The period is a statute of limitations and applies to claims for compensation for consequential damages, provided that no tort claims are asserted.

9th Total Liability

9.1 Any further liability for damages in point. Provided 03/08 to 05/08, is without consideration of the legal nature of the claim is ruled out. This applies in particular to claims for damages from negligence of contract, breach of contract and tort claims pursuant to § 823 BGB. This does not apply to claims under § 1.4 of product liability law and in cases of incapacity or inability.

9.2 As far as our liability is excluded or limited, this applies also to the personal liability of our officers, employees, representatives and agents.

10th Retention of title

10.1 The goods supplied until full payment of all claims arising from the ongoing business relationship between the seller and the buyer the seller's property. The individual claims in a current account and the recognition of the balance shall not affect retention. As payment the receipt of the total value applies to the seller. In breach of contract by the buyer, especially for late payment, we reserve the right to repossess the goods. In the back of the purchased goods shall not constitute a withdrawal from the contract, unless we have expressly declared in writing. The seizure of goods by us always a rescission of the contract. We are following the withdrawal of the goods entitled to sell them. The sale proceeds shall be credited to the Buyer's liabilities less reasonable costs.

10.2 The buyer is obliged to handle the product carefully, in particular, he is obliged to provide at his own expense against fire, water damage and theft insurance for replacement value. If maintenance and inspection work is required, the buyer must perform this at his own expense.

10.3 In the case of seizure or other interference by third parties, the buyer must immediately inform in writing so that we can claim under § 771 of the Code of Civil Procedure. If the third party is unable to reimburse us for the judicial and extrajudicial costs of an action, the complaint pursuant to § 771 ZPO, the purchaser is liable for the loss incurred.

10.4 The purchaser shall be entitled to resell the reserved goods in the ordinary course of business. He assigns to us already now all claims in the amount of the invoice total (including VAT) of our claim to him from the resale against his buyers or third parties, regardless of whether the goods have been resold without or after processing. The seller accepts the assignment. Has been assigned the claim against the purchaser of the goods in a current account (current account) was added, the assignment also refers to the accepted balance and in the event of insolvency of the customer, to the then existing "causal net". To collect this debt the buyer shall remain even after the transfer. Our authority to collect the receivables ourselves remains unaffected. We undertake not to collect the debt as long as the purchaser meets his payment obligations from the proceeds, is not in default of payment and no petition has been filed for insolvency proceedings or suspension of payments. If this is the case, we may require that the buyer gives us the assigned claims and their debtors, provide all information necessary for collection, surrender the relevant documents and informs the debtors (third parties) of the assignment.

10.5 The processing or transformation of goods by the buyer is always done for us. If the reserved goods with other objects not belonging to us, we shall acquire joint ownership of the new item in proportion to the value of the goods (final invoice amount including VAT) to the other processed items at the time of processing. The object created by processing the rest is the same as for the goods delivered under reservation.

10.6 If the goods with others, not belonging to us belong to us, we acquire joint ownership of the new item in proportion to the value of the goods (final invoice amount including VAT) to the other mixed objects at the time of mixing. If the mixing is such that the buyer's object is regarded as the main cause, it is agreed that the Buyer pro rata co-ownership. The buyer shall hold the sole ownership or joint ownership for us.

10.7 The purchaser shall also assign the receivables to secure our claims against him, which arise from the combination of the goods with a plot against a third party.

10.8 We undertake to release the securities on the request of the buyer to release the realizable value of our securities exceeds the secured claims by more than 10%, and the selection of securities to be released at our discretion.

11th Applicable Law / Jurisdiction

11.1 If the purchaser is a merchant, is our business Ladbergen-seat venue. However, we are entitled to sue the Buyer at his home court.

11.2 Unless specified in the order confirmation does not state otherwise, our office-Greven-fulfillment.

11.3 The terms and conditions and the legal relations between the seller and the buyer the right of the Federal Republic of Germany. The application of the CISG (United Nations Convention of 11.04.1980 on Contracts for the International Sale of Goods BGBL 1.989II588, calc 1990II.1699) is excluded.