§ 1 General
1. All our deliveries with entrepreneurs as customers are based on the following general terms of delivery. Entrepreneurs according to the terms and conditions are natural or legal persons or partnerships with legal capacity, who act in the exercise of a commercial or independent professional activity and with whom we enter into a business relationship. Divergent conditions of the customer which we do not expressly accept in writing are not binding for us, even if we do not expressly object to them. Our terms and conditions of delivery shall also apply even if we carry out the delivery to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our terms and conditions of delivery. Our terms of delivery also apply to future business with the customer.
2. The assignment of the customer’s rights under the contract is not permitted.
3. Our offers are subject to change without notice. Collateral agreements, reservations, amendments or supplements to contracts must be in writing to be effective. Special agreements are only valid for the respective individual case, not for earlier or later transactions.
4. The customer is bound to an order placed with us for a period of two weeks after receipt by us. Such an order shall only be accepted by us by written declaration, by notification of our readiness to deliver or by carrying out the delivery; its receipt is not required for the declaration of acceptance to be effective (§ 151 German Civil Code).
5. Our prices are to be understood as exclusive of the respective, valid value added tax ex Ölbronn-Dürrn plus freight, assembly and packaging. If no fixed prices have been contractually agreed, the prices valid on the day of delivery will be charged. Agreed prices are valid for four months from conclusion of the contract. If longer delivery periods are agreed, the supplier’s prices valid on the day of delivery will be charged.
6. We reserve all property rights or copyrights of exploitation of cost estimates, drawings, samples and other documents without restriction; these may not be made accessible to third parties. Drawings and other documents belonging to offers must be returned to us immediately on request if the order is not placed with us. Any rights of retention of the customer are excluded.
7. Confirmed prices are only valid for acceptance of the quantities for which they are confirmed. We are entitled to adjust prices at our reasonable discretion in the event of deviations from the quantity ordered.
§ 2 Delivery
1. Delivery dates or delivery periods, which can be agreed upon binding or non-binding, must be recorded in writing in order to be effective. We reserve the right to correct and timely delivery to ourselves.
2. Four weeks after exceeding a non-binding delivery date or a non-binding delivery period, the customer may request us in writing to deliver within a reasonable period of time. With this reminder we are in default. If, after we have already fallen into arrears, the customer sets us a reasonable period of grace for performance, he shall be entitled to withdraw from the contract after the fruitless expiry of this period of grace; The customer shall only be entitled to claims for damages due to non-fulfilment in the amount of the foreseeable damage if the delay was due to intent or gross negligence.
3. If the customer is in default of acceptance or violates other obligations to cooperate, we shall be entitled, after the expiry of a reasonable grace period, to demand compensation for the damage incurred by us, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the object of sale shall also pass to the customer at the point in time at which the customer defaults on acceptance.
4. The beginning of the delivery time stated by us requires the clarification of all technical questions. An agreed delivery period shall be extended – without prejudice to our rights arising from the customer’s default – by the period by which the customer is in default with his obligations under the contract. The delivery times shall be extended by the duration of an impediment due to force majeure.