Delivery and payment terms

1. General

The following conditions in conjunction with the German "General Terms of Delivery for Products and Services of the Electrical Industry" (latest edition) are the content of all sales contracts or works supply contracts concluded with us. This also applies if we do not expressly refer to them in later contracts.

The customer's general terms and conditions of purchase do not apply to us. By placing the order and our order confirmation, our conditions apply, even if the customer's order specifications are different, if the customer is a merchant within the meaning of the German Commercial Code.

The customer's terms and conditions of purchase are hereby expressly contradicted. They do not bind us even if we do not object to them again upon receipt. Our terms of delivery and payment are deemed to have been accepted at the latest when our goods are received.

Deals and other agreements - especially if they change these conditions - only become binding for us after our written confirmation. Our offers are always non-binding.

2. Prices - Catalogues

The prices in our lists, publications and offers are ex works, excluding packaging, transport costs, insurance costs and customs. The prices increase by the respective statutory VAT. The prices are non-binding, the contract is only concluded with our order confirmation or with the execution of the order. Price and cost changes of any kind entitle us to make a price correction. This also applies to orders that have already been confirmed. Orders by telephone, fax or verbal orders, additions, amendments, etc. require our written confirmation to be effective, and all ancillary agreements must also be in writing.

If the buyer withdraws from the contract or refuses to fulfill the contract, he is obliged to pay 15% of the gross order value as a lump-sum compensation unless he can prove that no damage or less than this amount has occurred.

We reserve the right to assert claims for damages in excess of 15%. This regulation applies to all cases in which we are entitled to demand compensation for non-performance.

3. Custom-made products, service

Custom-made products cannot be returned. Services are subject to our service fees - see separate price sheet.

4. Delivery

Deliveries are made at the buyer's own risk and expense ex works, excluding packaging. We are responsible for selecting the transport route (carrier, parcel service, post office, etc.). If we are in default with a delivery, a period of grace within the meaning of § 326 BGB is stipulated, the duration of which is at least 2 weeks. The delivery period is met if the delivery item has left the factory by the end of the period or readiness for dispatch has been notified. At the supplier's request, the customer is obliged to declare within a reasonable period of time whether he is withdrawing from the contract due to the supplier's default or whether he insists on delivery. We are entitled to partial deliveries. Special circumstances such as operational disruptions, raw material difficulties, war, confiscation, strikes, lockouts, shipping difficulties and any force majeure release us from withdrawing from the contract, whereby any liability for damages on our part is excluded to the extent permitted by law.

In the case of a return delivery, we reserve the right to take it back. It depends on whether we can return the goods to the respective manufacturer. There are always restocking costs and processing fees. These are very different depending on the manufacturer of the goods and can be communicated on request. Otherwise we calculate the respective flat rates.

5. Payment

Payment must be made within 30 days of the invoice date if specified in the offer or on the invoice. Invoices for tool costs, wage work and customer service or assembly and repair work or services are payable immediately upon receipt of the invoice without any deduction.

6. Liability and Defects

The point in time when the goods are handed over to the forwarding agent or carrier, at the latest when they leave the factory or warehouse, is decisive for the contractual condition of our delivery, even in the case of carriage paid delivery.

Complaints about a part of the delivery do not entitle you to complain about the entire delivery. In the case of justified complaints, we can choose between repairs, replacement delivery or compensation for the loss in value. If the rectification or replacement delivery fails, the customer has the right to a reduction or conversion.

All claims for damages against us and our vicarious agents are excluded to the extent permitted by law, regardless of whether they are based on claims from contract, representative

6. Liability and Defects

The point in time when the goods are handed over to the forwarding agent or carrier, at the latest when they leave the factory or warehouse, is decisive for the contractual condition of our delivery, even in the case of carriage paid delivery.

Complaints about a part of the delivery do not entitle you to complain about the entire delivery. In the case of justified complaints, we can choose between repairs, replacement delivery or compensation for the loss in value. If the rectification or replacement delivery fails, the customer has the right to a reduction or conversion.

All claims for damages against us and our vicarious agents are excluded to the extent permitted by law, regardless of whether they are based on claims from a contract, contractual or statutory obligations, in particular claims from delay, subsequent impossibility, positive breach of contract, culpa in contrahendo or tort.

The customer is obliged to carefully inspect the goods immediately after delivery and to notify us in writing of any defects or deviations in quantity without delay. If a defect or a quantity discrepancy appears later, which was not recognizable during the examination according to the previous provision, the notification must be made in writing immediately after discovery. Otherwise, the goods shall be deemed to have been approved, even with regard to this defect or the quantity discrepancy. The recipient is obligated to accept shipments that show defects or missing quantities only with reservations and to have the complaint confirmed by the delivering forwarder on the bill of lading.

7. Retention of Title

All delivered goods remain until all claims from the entire business relationship - incl. of the current account balance - our property. The goods may only be resold or processed in the ordinary course of business. If it is resold or processed, we are entitled to the resulting purchase price claim up to the amount of our total claim at the time it arises. The buyer hereby assigns this future purchase price claim to us. We are at liberty to inform the third party purchaser of this agreement. The buyer expressly undertakes to provide written documents about the type and amount of this claim immediately upon request. If the value of the security given to us exceeds the claim by more than 20%, we are obliged to reassign the goods to this extent at the request of the buyer.

The buyer is obliged to notify us immediately of any attachments and impairments of our property. Any legal costs incurred by us as a result shall be borne by the buyer. The goods delivered under retention of title are stored at the expense and risk of the buyer. If the buyer is in arrears with payment in whole or in part, we are entitled to demand the immediate return of the goods without a reminder. Any depreciation that has occurred in the meantime is at the expense of the buyer.

8. Place of Performance and Jurisdiction

The place of performance for all obligations arising from a delivery contract is 61440 Oberursel, Oberurselerstr. 69. All disputes arising from the delivery relationship with registered traders or with public bodies, in particular those arising from bills of exchange or checks, are to be decided in the exclusive place of jurisdiction of the place of performance.

9. Miscellaneous

Should any of the above provisions be ineffective, this shall not affect the validity of the remaining provisions. The contractual partners are obliged to replace any invalid provision with a new provision that comes as close as possible to the meaning and purpose of the invalid provision. We reserve the right to make technical changes to all products.