Conditions

§ 1 Scope

Sales, deliveries and other services are only carried out under the following conditions; we do not recognise any terms and conditions of the buyer that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity in writing. Our general terms and conditions also apply if we carry out deliveries without reservation despite knowing that the customer's terms and conditions conflict with or deviate from ours.

§ 2 Offer/Order placement

1. If an order qualifies as an offer/order, it is binding for the customer and can be accepted by us within two weeks by written confirmation.

2. If the offers/orders are preceded by written delivery offers from us, these shall only be regarded as firm contractual offers for a period of two weeks.

§ 3 Design changes, colour and stain deviations

We are permitted to make minor deviations in dimensions, shape, color and staining and do not entitle the buyer to make a complaint. We supply surface colors according to our color charts valid at the time of contract conclusion. The buyer is aware that a corresponding deviation in the appearance of the original color is possible. We reserve the right to make improvements due to technical advances.

§ 4 Prices and payment conditions

1. Unless otherwise stated in the order confirmation, our prices are ex works including packaging. The statutory value added tax is not included in our net prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.

2. Unless otherwise stated in the order confirmation, invoice amounts are due within 14 days without deduction. Otherwise, the statutory provisions regarding the consequences of late payment apply (8% above the base interest rate from the 16th day after the invoice is issued).

3. The buyer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us.

§ 5 Shipping

1. Shipping is at the buyer's expense and risk. In order to ensure the best possible treatment of the goods, we reserve the right to determine the type and method of shipping ourselves. In the event of transport damage, liability can only be accepted under the following conditions: The buyer must check the packages immediately upon delivery to ensure that they are in perfect external condition, and any visible damage must be noted immediately on the freight documents of the shipping company.

2. In the event of hidden damage, we and the delivering carrier must be notified within four days and a damage report sent. Any damaged goods cannot be returned to us without our prior consent.

§ 6 Delivery time

1. The start of the delivery time specified by us requires that all technical questions have been clarified.

2. Compliance with our delivery obligation also requires the timely and proper fulfillment of the buyer's obligations. The right to object to non-fulfillment of the contract remains reserved.

3. In the case of orders on call, the buyer is obliged to accept the goods no later than two weeks after the confirmed date. If the buyer is in default of acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur, including any additional expenses.

4. Furthermore, the Buyer is aware that an order on call must be received by us at least six weeks before the desired delivery date.

5. If the delivery deadline is not met, the buyer is only entitled to withdraw from the contract if he has granted us a reasonable grace period and this has expired without delivery being made. Otherwise, we are generally not liable for any damage caused by delay.

§ 7 Notice of defects/liability for defects

1. The buyer’s claims for defects presuppose that the buyer has properly fulfilled his obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB) in the form of a written notification.

2. If there is a defect in the purchased item and this was reported to us in a timely manner, we are entitled, at our discretion, to subsequent performance in the form of remedying the defect or delivering a new, defect-free item. In the case of remedying the defect, we will only bear the costs up to the amount of the purchase price.

3. If subsequent performance fails, the buyer is entitled, at his discretion, to demand withdrawal or reduction of the price.

4. We shall not be liable for any further defects or consequential damages unless we acted intentionally or with gross negligence.

5. The limitation period for claims for defects is 12 months from the transfer of risk (delivery for dispatch).

§ 8 Retention of title

1. We retain title to the purchased item until all payments from the delivery contract have been received. If the buyer breaches the contract, in particular if he defaults on payment, we are entitled to take back the purchased item. Taking back the purchased item by us constitutes a withdrawal from the contract. After taking back the purchased item, we are entitled to dispose of it; the proceeds from the disposal are to be credited against the customer's liability - less reasonable disposal costs.

2. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can file a lawsuit in accordance with Section 771 of the Code of Civil Procedure if necessary. If the third party is not in a position to reimburse us for the legal and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the buyer is liable for the loss incurred by us.

3. The buyer is entitled to resell the purchased item in the ordinary course of business. However, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim that arise from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected.

However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not fall into arrears and, in particular, no application has been made to open composition or insolvency proceedings or payments have been suspended. If this is the case, however, we can demand that the customer inform us of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.

§ 9 Place of jurisdiction/place of performance

The place of performance is our registered office (Walldorf). The court with jurisdiction for Walldorf shall have exclusive jurisdiction for all disputes arising directly or indirectly from the contract.

§ 10 Severability Clause

Should any of these provisions be invalid, this shall not affect the validity of the remaining provisions.

Information obligation since 09.01.2016

The European Commission provides a platform for online dispute resolution (ODR). The platform can be found athttps://webgate.ec.europa.eu/odr/