General Terms and Conditions

1st General 
1.1. Only our terms and conditions do apply. Differing conditions require our written confirmation. 
1.2. Wholesale delivery will exclusively take place for entrepreneurs and legal entities.
1.3. Any previous general terms and conditions hereby lose their validity and will be replaced by these terms and conditions.

2nd Offer and terms of contract 
2.1. All offers are subject to confirmation.
2.2. All product specifications are mean values, they are not strictly warranted. Specifications are given as claimed by the manufacturer. Industry-standard manufacturing tolerances are explicitly permitted.
2.3. Further assured properties need to be explicitely agreed or labelled. 

3rd Delivery and transfer of risk 
3.1. Delivery effects at cost and risk of the purchaser.
3.2. Delivery period starts with the date of the order confirmation, but not before the provision of all customer information and documents required for the fulfillment of the contract.
3.3. Delivery time will be determined by the date on which the goods leave our store.
3.4. Delivery delays due to unindebted circumstances (force majeure, lack of delivery by manufacturer, etc.) could not be accounted by us. The delivery time will extend appropriately.
3.5. In case of a unindebted persistent delay of delivery (eg lack of supply by third parties), we are entitled to cancel the contract.
3.6. Reasonable partial delivery and partial billing is possible in the buyer's interest. 
3.7. The purchaser can cancel the contract in case of unreasonable delay in delivery. 

4th Warranty claims and compensation 
4.1. Visible defects in the product have to be told in writing not later than 14 days after receipt of delivery. Hidden defects have to be told in writing within 14 days after discovery. After these deadlines, the product is accepted.
4.2. Defective products will be replaced by subsequent delivery of accurate products, alternatively, a credit note will be delivered. 
4.3. We can only assume liability for damages caused by defects of the delivered products in case of personel intent or gross negligence. Damage to live and health is exceptional from this non-liability - as well as claims under the German Product Liability Act.
4.4. The supply of used goods takes place under exclusion of any warranty claims.
4.5. Warranty claims become time-barred within a year starting from date of delivery. 

5th Return of goods 
5.1. Duly supplied goods cannot be taken back.
5.2. An exchange of products or a credit note is only possible according to previous agreement. Only intact products whose packaging was not destroyed may be returned upon request.
5.3. Postal charges of such returns have to be paid by purchaser.

6th Prices and payment terms
6.1. If not differently indicated, the prices of the price list are valid. Prices are given as net prices, plus applicable VAT, unless otherwise noted.
6.2. The product is considered to be paid if the payment has been received by us.
6.3. A set-off is possible only with undisputed or legally recognized demands.

7th Reservation of proprietary rights 
7.1. The property in the delivered goods is reserved for us up to the complete payment of all demands resulting from the delivery contract. In case of a violation of the contract by the purchaser, we are entitled to take back the delivered products. 
7.2. The goods have be treated with care as long as the property rights have not been transformed to the purchaser. In particular, the purchaser is committed to comprehensively and sufficiently insure the products at their own expense against theft, fire, water, vandalism and elementary damage to the original value.  The purchaser has to inform us in writing when the delivered products are seized or exposed to intervention by a third party as long as the property rights have not been transformed to the purchaser. The buyer is liable for any loss incurred herewith, unless it is replaced by a third party.
7.3. The buyer is entitled for resale of not yet fully-paid goods in the ordinary course of business. Trade receivables from such a resale are assigned to us as required for full settlement.
7.4. If our product is processed or mixed with other articles of different ownership, we acquire the co-ownership at the new thing in the relationship of the objective value of our product to the value of the other used articles.

8th Data acquisition
Both our order processing and bookkeeping take place by means of electronic data processing. The customer gives hereby his agreement for the storage of the required data within the business relation.

9th Law and place of jurisdiction 
9.1. The law of the Federal Republic of German does apply.
9.2. Place of fulfilment of deliveries is 14532 Kleinmachnow.
9.3. Place of jurisdiction is Potsdam.