Sale and Delivery


1.
Validity

For all our deliveries, services and assembly, only the following terms and conditions apply. Our terms and conditions also apply to future transactions, even if no reference is made in individual cases to them. Varying or additional terms of the purchaser hereby rejected.


2.
Conclusion of the contract

1.  Our offers are subject to change. Bid documents, such as illustrations, descriptions or drawings are only approximate. Information in our offers or other contract documents do not constitute a warranty of properties. Quality assurances are made exclusively in writing.

2.  Purchase orders, agreements and other verbal agreements are not valid until
we have confirmed it. Receipt of the delivery or invoice by the purchaser, and execution of the delivery or performance shall be considered as confirmation. Verbal agreements must be confirmed in writing by us.


3
. Prices

1.  The prices do not include packing, shipping and insurance costs. The VAT they contain only if it is shown separately.
2.  Moreover, the prices refer to the time when the contract. Compared to full
and minor merchants we reserve the right to correct the prices if our suppliers increase their prices to delivery due to wage increases or material price increases. If the price increase exceeds 6%, the customer is entitled to a right of termination. In any case, we are entitled to increase prices if the supply is to be provided than four months after the conclusion of the contract or later can be done for reasons for which the customer is responsible, after a period of four months.


4.
Under- and over-lengths

1.  Under- and lengths of +/- 10% is acceptable. Delivery may be made in various product technical or commercial reasons partial deliveries. For custom-made, we reserve the right to deliver up to 15% of the ordered quantity in under- or over-lengths. The length-conditional measurement tolerance is +/- 0.4%.


5. Payments

1.  Our invoices are payable within 10 days net. The acceptance of checks or drafts we reserve the right. The adoption payment only under and all costs and expenses.

2.  In case of default, we are entitled to charge interest at the rate of 3% above the rate of the Deutsche Bundesbank. The calculation of higher or lower interest rates is possible if a proof is given by the one who asked.

3.  If the customer is a payment from an existing contract with us for more than 30 days
in default or has suspended payments or has been a substantial deterioration in its financial situation, our claims arising from any contracts with the purchaser will be due immediately. At our request, the still standing in our property is surrendered. The Customer irrevocably authorized for this purpose the entrance. For non-delivery of goods, we can demand payment in advance and withdraw from the contract or claim damages for non-performance.


6. Shipping, delivery time

1.  Delivery dates and deadlines are always approximate only, if they are not agreed as binding. Force majeure or unforeseen events such as procurement, manufacturing and supply disruptions at our suppliers release us for the duration of the disruption of the obligation to the extent that the failure was not caused intentionally or by gross negligence. Changed
so we are entitled to demand an equitable adjustment of the contract, or unreasonableness withdraw such events, the content of our performance significantly, or proves the agreed performance characterized as impossible.

2.  We are entitled to partial services that we can charge separately.

3.  We come only by a written warning in default of delivery. In case of default the customer may cancel the contract after a set period of at least four weeks unless the delivery time was not agreed as binding. Let. With the delivery or service in default, the purchaser may rescind the contract after an additional period of 3 weeks Is restricted to a subset of the delay performance, the customer may withdraw from the entire contract if it is objectively provide a reasonable interest in the partial delivery.

4.  As long as the customer is not only insignificantly in arrears with a liability rests our delivery obligation.


7. Construction and program changes

1.  Cost estimates, drawings and other documents we retain ownership and copyright; they may not be made accessible to third parties without our express consent.

2.  Modifications in design and execution, we reserve with regard to more recent experiences and improvements.


8. Transfer of risk, Shipping

1.  The risk passes when the goods are delivered without mounting in any case - even if frachtlicher delivery or acceptance of delivery by us - the latest dispatch of the goods from our warehouse, or the work of the supplier to the purchaser. With us through delivery and installation, the risk is carrying out the installation over to the buyer.

2.  When we are not justifiable delay in delivery, the risk to the tag
the indication of the shipment. All shipments, including any return shipments are at the risk of the purchaser. Shipment, shipment and packaging in the absence of a
Selected instructions of the buyer's expense at our discretion. Transport insurance is made only on the instruction and expense of the purchaser. Transport damage must be reported to us within 48 hours of writing.

3.  Delivery items, even if they are defective, accepted by the Buyer. His rights under para. 8 (warranty) remain unaffected.


9. Property rights, security rights

1. Our deliveries are subject to reservation of title to the goods supplied by us until full payment of all claims including claims from the entire business relationship.

2.  The purchaser is the resale of the goods delivered under retention of title
permitted in the ordinary course of its business operations. Claims against its customers from sales of our reserved property, the ordering in the amount charged by us price from us. Is done loading and processing of the goods supplied by us
on our behalf and without charge and without obligation. In processing, combining or mixing of the goods supplied by us with other items, we acquire co-ownership of the emerging new objects in the ratio of the invoice value of the goods supplied by us to the other objects at the time of processing, combining or mixing. The resulting Miteigentumsgegenstände then deemed to be reserved goods within the meaning of para. 1. If our property by combining or mixing, the customer transfers to us now his ownership rights to
the new item in the extent of the value of our delivery item and secures this cost to us. The resulting co-ownership is considered reserved item
in terms of para.. 1

3.  In breach of contract, especially in case of default, the purchaser is obligated to return the goods in our property. The assertion of property rights and the seizure of the goods supplied do not constitute withdrawal from the contract if the installment law is to be applied. At the request of the purchaser must immediately be provided with a list of the claims assigned to us by the above provisions.

4. Any intervention costs borne by the purchaser. We undertake to release securities on request of the customer, subject to the selection to the extent that the value of the security exceeds the secured claims by more than 20%.


10. Warranty

We guarantee for defects in the delivery - the exclusion of any further claims - the following warranty:

1.  The goods will be rectified at our option, newly delivered and redeemed at the invoice value. Replaced parts become our property. For the replacement parts in the same way guarantee is provided as to the goods.

2.  We have chosen repair or replacement and proposes to repair or replacement within a reasonable period, taking into account our delivery options fail, the customer is entitled to choose between a reduction in payment or to cancel the contract.

3.  To perform the repair or replacement delivery as long as we are not obligated as the buyer
involves the payment of an amount in arrears in excess of the reduction in value caused by the defect of the product.

4.  If the goods expressly warranted characteristics not, the Purchaser may claim damages under the apparent purpose of the undertaking has become instead referred to in subparagraph 1 warranty rights. For any other consequential damages, we are liable only in cases of intent or gross negligence by us, our business representatives, officers and employees and vicarious agents. Claims for damages are limited to the foreseeable at the conclusion of the contract for us damage.

5.  Normal commercial variations in quality and color are not a defect.

6.  Used items are sold without warranty.


11. General Disclaimer

Not expressly granted in these Terms claims for damages, regardless of the legal cause, particularly in tort, shall be excluded; this shall not apply if the damage of us, our legal representatives, executives and vicarious agents has been caused intentionally or by gross negligence or an upfront commitment for simple negligence exists because of the contract essential duties or such obligations are violated, the non-compliance typically involves damage to life and limb with it. For simple negligence, we shall, moreover, if a company liability insurance covers the damage or such insurance for us would be reasonably expected to be completed. In the event that we are liable for simple negligence or gross negligence of performance / present vicarious agents, the liability to the replacement of the typical foreseeable damage, as well as the immediate damage is limited.


12. Transferability of rights, compensation, retention

The Purchaser may assign its rights under the contract with us without our prior written consent whole or in part to third parties. The set-off against a debt is permissible only if the counterclaim is undisputed or legally binding.
A lien against our claim is the buyer only if the lien is based on the same contractual relationship as our claims. The retention claims for defects shall not exceed three times the required for the remedial effort.


13.
Right of withdrawal

We are entitled to withdraw from the contract if opened over the assets of the Purchaser judicial or extra-judicial settlement proceedings rejected a petition for bankruptcy or bankruptcy proceedings are opened or a written credit report is received, out of which that has occurred after the conclusion of creditworthiness of the buyer gives or the customer about the creditworthiness conditional essential facts has made incorrect statements.


14.
Data processing

We are entitled to submit personal data of the customer to the extent required for the contract management, store, use, modify, and delete them. Upon demand
the customer we give the customer information about the data stored with us.


15.
Final provisions

1.  Fulfillment is Bietigheim-Bissingen.

2.  If the customer is a merchant, Bietigheim-Bissingen is agreed jurisdiction: also in cases where the customer has no domestic general jurisdiction.

3.  It is agreed that German law applies exclusively. The provisions of the Uniform Sales Law are excluded.

4.  If any of these conditions be or become invalid, the validity of the remaining provisions shall not be affected. In the case of invalidity of one or more provisions of the parties are obliged to close one of the invalid provision economically and legally equivalent agreement possible.