1. Delivery conditions for traders
1.1 We deliver from our warehouse. The transfer of risk shall take place as soon as the goods are handed over to the carrier.
1.2 Dates and delivery periods are non-binding unless expressly agreed otherwise in writing.
1.3 Transport damage must be reported to us immediately, at the latest within 24 hours.
In the case of obvious transport damage, written confirmation by the carrier/parcel service driver is mandatory. The buyer must inspect the goods immediately upon receipt. Complaints (production errors, shortages, incorrect deliveries, etc.) must be made in writing immediately, at the latest within 5 working days of receipt of the goods, but in any case before resale, destruction or disposal. In any case, we shall have the right to rectify the defect or to make a replacement delivery and to take back the rejected goods.
1.4 Delays in delivery and performance due to force majeure and due to other unforeseeable events which make delivery considerably more difficult for us and for which we are not responsible shall entitle us to postpone the delivery or performance for the duration of the hindrance plus a reasonable start-up period. The delivery period shall also be extended by the period of time by which the buyer is in default with the fulfilment of his contractual obligations. We are entitled to make partial deliveries and render partial services. In the case of delivery contracts, each partial delivery and partial performance shall be deemed to be an independent performance.
1.5 Retention of title
The delivered goods shall remain our property until full payment of all claims including any interest. We are entitled to demand the return of the goods owned by us at any time if the buyer is in default. The buyer must inform us immediately of any access by third parties to the goods which are our property. Transfer of ownership by way of security, sale by way of security, pledging as well as other disposals of the goods owned by us require our consent.
1.6 Warranty and liability
In the event of a warranty claim, the purchaser’s rights shall initially be limited to rectification of the defect or to free-of-charge replacement delivery against return of the rejected delivery. Only in the event of failure of the rectification or replacement delivery shall the purchaser be entitled to reduce the purchase price or to withdraw from the contract at his discretion. Warranty claims do not exist if the buyer has made or arranged for changes to the goods without our prior consent. Only the direct purchaser is entitled to warranty claims and these are not assignable. Warranty claims of the purchaser presuppose that he has duly complied with his obligations to inspect the goods and to give notice of defects in accordance with §§ 377 HGB (German Commercial Code). Insofar as there is a defect in the purchased item for which we are responsible, we shall be entitled, at our discretion, to remedy the defect or to make a replacement delivery. In the case of rectification of defects and replacement delivery, we are obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance. If we are not prepared or not in a position to remedy the defect/replace the delivery, in particular if this is delayed beyond a reasonable period of time for reasons for which we are responsible, or if the remedy of the defect/replace the delivery fails in any other way, the customer shall be entitled to demand rescission or a reduction in price at his discretion.
1.7 The liability of the seller,
for whatever reason, is limited to the amount of the purchase price. Unless otherwise stated below, further claims of the purchaser – for whatever legal reasons – are excluded. We are therefore not liable for damages that have not occurred to the delivery item itself; in particular, we are not liable for loss of profit or other financial losses of the purchaser. The above exemption from liability shall not apply if the cause of the damage is based on intent or gross negligence. Furthermore, it shall not apply if the customer is entitled to claim damages due to the absence of a guaranteed quality of the goods. Finally, it does not apply if personal injury has occurred or claims exist under the Product Liability Act. Contractual claims of the customer for delivery of defective goods shall become statute-barred within one year after delivery. The provision of § 479 para. 2 BGB remains unaffected. The shortening of the limitation period shall not apply in those cases in which we have unlimited liability under these terms and conditions.
2.1 We always charge 100% of the order amount for goods that have been modified or customised for the customer.
2.2 Return shipments of defect-free and originally packaged consignments shall be excluded in principle and shall not be accepted by us for credit, unless the return shipment is made with our prior consent and subject to a processing fee of 10% of the value of the goods. The return shipment must be made free of charge for us (“free domicile”), in its original packaging and in perfect condition. Returns will only be accepted with our written consent.
2.3 Sample consignments shall always be invoiced and shall not be taken back.