Terms and Conditions of Sale and Delivery

1.1
Our terms and conditions of sale and delivery apply exclusively; we only recognise conflicting or deviating terms and conditions of the customer if we have expressly agreed to their validity in writing. Our terms and conditions of sale and delivery also apply if we carry out the delivery without reservation, knowing that the customer’s terms and conditions conflict with or deviate from our own.

1.2
Verbal subsidiary agreements are only effective if they have been confirmed by us in writing.

1.3
Our terms and conditions of sale and delivery apply only to businesspersons within the meaning of Section 24 of the German Standard Contract Terms Act (AGBG).

1.4
Our terms and conditions of sale and delivery also apply to all subsequent orders with the customer, even if no explicit agreement is made again.

2.1
Our offers are always non-binding. Orders placed by the customer are only deemed accepted once they have been confirmed by us in writing.

2.2
We expressly reserve the right to make dimensional and constructional changes to our products after conclusion of the contract, as long as this does not impair the usability of the product for its intended purpose – in particular, the secondary load-bearing capacity. If the dimensional and constructional change does not impair the intended purpose, the customer is obliged to accept the changed products.

3.1
Unless otherwise stated in the order confirmation, our prices do not include statutory VAT. The prices are quoted “ex works.”

3.2
The deduction of cash discount requires a special written agreement.

3.3
Unless otherwise stated in the order confirmation, payments are to be made net within 30 days of the invoice date. If the payment deadline is exceeded, we are entitled to demand default interest at a rate of 8% above the base rate. The assertion of a higher damage caused by default remains unaffected.

3.4
Offsetting against counterclaims of the customer is only permitted if these are undisputed or have been legally established. The customer is only entitled to exercise a right of retention insofar as the counterclaim arises from the same contractual relationship.

4.1
Delivery periods and dates are only binding if they have been expressly confirmed in writing by the supplier.
4.2
If, after the supplier has fallen into default of delivery, the customer sets the supplier a reasonable grace period with a threat of refusal and this period has expired without result, the customer is entitled to withdraw from the contract to the extent that delivery has not yet taken place.

4.3
Claims for damages due to non-fulfilment are only due to the customer if the delay is due to intent or gross negligence. Only damages whose possible occurrence was recognisable to the supplier at the time of conclusion of the contract on the basis of the circumstances expressly communicated by the customer are eligible for compensation; in all other respects, the liability for damages is limited to 50% of the damage incurred.

4.4
The above limitation of liability does not apply if a commercial transaction for delivery by a fixed date has been agreed or if the customer can assert that its interest in the performance of the contract has ceased due to the delay for which we are responsible.

5.1
In the absence of other information in the order confirmation, delivery “ex works” is agreed.

5.2
Only at the express request of the customer will the goods be insured at their expense against transport damage and other risks.

6.1
Warranty claims of the customer require that the customer has duly complied with its obligations to examine the goods and give notice of defects in accordance with Sections 377, 378 of the German Commercial Code (HGB).

6.2
If the warranty case exists, we are entitled, at our discretion, to provide a replacement or rectification.

6.3
If the supplier allows a reasonable grace period to expire for reasons for which it is responsible, without remedying the defect or providing a replacement, or if the remedy of the defect/replacement fails in any other way, the customer may, at its discretion, withdraw from the contract or demand a corresponding reduction in the purchase price.

6.4
Unless otherwise stated below, further claims of the customer – for whatever legal reason – are excluded. The supplier is therefore not liable for damages that have not occurred to the delivery item itself; in particular, we are not liable for lost profit or other financial losses of the customer.

6.5
The above disclaimer of liability does not apply if the cause of the damage is based on intent or gross negligence. It also does not apply if the customer asserts claims for damages due to non-fulfilment due to the absence of a warranted characteristic pursuant to Sections 463, 480 para. 2 of the German Civil Code (BGB).

6.6
In the event of negligent breach of a material contractual obligation, our obligation to pay compensation is limited to the insurance cover. At the request of the customer, the supplier is prepared to grant access to the insurance policy.

6.7
The limitation period for warranty claims is 6 months, calculated from the transfer of risk, and also applies to claims for compensation for consequential damage caused by a defect, unless claims are made in tort.

7.1
Irrespective of the legal grounds, claims for damages of the customer against the supplier are excluded beyond the scope of liability specified in 6.4 to 6.6. An exclusion of liability or a limitation of liability for the supplier always applies to its vicarious agents.

7.2
Further claims under the Product Liability Act are not excluded by the above provision. This also applies to claims arising from impossibility for which the supplier is responsible or from initial impossibility.

8.1
Goods delivered by us remain our property until all liabilities of the customer arising from the business relationship with us have been completely settled.

8.2
If goods are taken back by us, this only applies – in the event that the Consumer Credit Act is not applicable – as a withdrawal from the contract if we expressly confirm this in writing. In contrast, the seizure of goods for us always means withdrawal from the contract.

8.3
We must be informed immediately in writing of any seizure and other risks emanating from third parties to our rights, with all information that we require for an action for intervention pursuant to Section 771 of the German Code of Civil Procedure. If we suffer a loss because a third party cannot provide the court and out-of-court costs of an action pursuant to Section 771 of the German Code of Civil Procedure to be reimbursed by them, the customer is liable.

8.4
The goods may be further processed or resold subject to revocation. In the event of further processing or transformation of the purchased item, the supplier is deemed the manufacturer and acquires ownership of the intermediate and end products. In the event of processing of the purchased item with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the final invoice amount of our reserved goods to the purchase price of the other processed goods (at the time of processing). In all other respects, the provisions on reserved goods apply to the new item. In the event of inseparable mixing of our reserved goods with other items, we are entitled to co-ownership of the new item in the ratio of the invoice value of our reserved goods to the purchase price of the other mixed items (at the time of mixing). The customer holds the sole or co-ownership in safe custody for us.

8.5
The customer is entitled to resell our reserved goods in the ordinary course of business. The customer hereby assigns to us in advance all claims against third parties arising from this, namely in the amount of the respective final invoice amount (including value added tax). Notwithstanding this assignment, the customer remains entitled to collect the claims. Upon request, the customer must notify us of the assigned claims together with their debtors and provide us with all information and documents required for the collection of a claim. At our special request, the customer shall notify the relevant third-party debtors of the assignment to us.

8.6
The above assignment as security for our claims also includes such claims that the customer acquires against a third party as a result of a connection of our reserved goods with a property. The assignment provision also applies to processed, transformed and mixed reserved goods.

8.7
We undertake, at the request of the customer, to release securities that it has made available to us under this contract, insofar as they are no longer required to secure our claims, not only temporarily, in particular insofar as they exceed the value of our claims to be secured and not yet settled by more than 20%.

9.1
The exclusive place of jurisdiction for all disputes arising between the parties from the contractual relationship is, at our discretion, our place of business or the place of performance, provided that the customer is a registered trader, a legal entity under public law or a special fund under public law.

Status: 11 November 2025