General Terms and Conditions (GTC)
Section 1 Applicability of Terms and Conditions
1. Our deliveries, services, and offers are provided exclusively on the basis of these terms and conditions. These terms and conditions also apply to all future business relationships, even if they are not expressly agreed upon again or referenced by us. These terms and conditions are deemed accepted no later than upon receipt of the goods or services. Any counter-confirmations from the buyer referring to their own terms and conditions of business or purchase are hereby rejected.
2. Deviations from these terms and conditions are only valid if confirmed by us in writing.
Section 2 Offer and Conclusion of Contract
1. Our offers are subject to change and non-binding. Declarations of acceptance and all orders require our written or electronic confirmation to be legally valid. The same applies to additions, amendments, or supplementary agreements.
2. Drawings, illustrations, dimensions, weights, or other performance data are only binding if expressly agreed upon in writing.
Section 3 Prices
1. Unless otherwise stated, we are bound by the prices contained in our offers for 30 days from the date thereof. The prices stated in our written order confirmation plus the applicable statutory value-added tax are authoritative. Additional deliveries and services will be invoiced separately.
2. Otherwise, all prices are net ex works and do not include packaging, loading, freight, customs duties, insurance, or installation.
3. We invoice the prices agreed upon at the time of contract conclusion, which are based on the cost factors valid at that time. Should these cost factors (e.g., for raw materials, wages, and energy) change between contract conclusion and delivery, we are entitled to make a corresponding price adjustment.
Section 4 Delivery and Performance Time
1. The dates and deadlines stated by us are non-binding unless expressly agreed otherwise in writing.
2. Delivery periods bindingly agreed upon by us commence upon receipt of our order confirmation by the buyer, but not before all details of the order have been fully clarified, the buyer has provided all necessary documents or materials, and all required permits, approvals, and/or we have received any agreed-upon down payment. If the buyer fails to fulfill such obligations or duties, agreed-upon delivery periods and dates become non-binding for us.
3. Agreed-upon periods and dates refer to the time of completion at our factory; they are considered met upon notification of readiness for shipment.
4. We are not responsible for delays in delivery or performance due to force majeure or events that significantly impede or render delivery impossible. This includes subsequent difficulties in procuring materials, operational disruptions, strikes, lockouts, staff shortages, lack of transportation, official orders, etc., even if they occur at our suppliers or their subcontractors. This applies even to bindingly agreed-upon periods and dates. They entitle us to postpone delivery or performance for the duration of the impediment plus a reasonable start-up period, or to withdraw from the contract in whole or in part with respect to the unfulfilled portion.
5. If the impediment lasts longer than three months, the buyer is entitled, after setting a reasonable grace period, to withdraw from the contract with respect to the unfulfilled portion, unless the product to be manufactured has been completed and the buyer has received notification of its readiness for shipment before the end of the grace period.
6. If we are responsible for the failure to meet binding deadlines due to intentional or grossly negligent conduct, the buyer is entitled to compensation for the damage demonstrably incurred as a result of our delay, but only up to a maximum of 0.5% for each completed week of delay, and in total not exceeding 5% of the invoice value of the deliveries and services affected by the delay. Any further claims, in particular claims for damages of any kind, are excluded.
7. We are entitled to make partial deliveries and provide partial services at any time.
Section 5 Transfer of Risk and Acceptance
1. The risk passes to the buyer no later than upon dispatch of the goods, even if partial deliveries are made or if we have assumed other obligations, such as shipping, delivery, or installation.
2. If dispatch becomes impossible or is delayed through no fault of our own, the risk passes to the buyer upon notification of readiness for dispatch.
3. At the buyer's request, in the cases described in paragraphs 1 and 2, the goods to be dispatched or scheduled for dispatch will be shipped in the buyer's name and at the buyer's expense.
