General Terms and Conditions (AGB)

§1 General Scope of Application
1. The Terms and Conditions apply to all current and future business relationships.
2. a) Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity.
b) Legal entities under public law or a special fund under public law.
c) In the following, the persons named under 2 a) and b) are referred to as Customers within the meaning of the Terms and Conditions.
3. Any deviating, conflicting or supplementary General Terms and Conditions of the Customer shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.

§ 2 Conclusion of Contract
1. Our offers are subject to change. We reserve the right to make technical changes and changes in shape, colour and / or weight within reasonable limits.
2. By ordering goods, the Customer makes a binding declaration of their intention to purchase the goods ordered. We are entitled to accept the contractual offer contained in the order within two weeks of receipt by us. Acceptance can be declared either in writing or by delivery of the goods to the Customer.
3. If the Customer orders the goods electronically, we will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
4. The contract is concluded subject to correct and timely delivery by our suppliers. This does not apply in the event that the non-delivery is not our fault, in particular if a congruent covering transaction has been concluded with our supplier. The customer will be informed immediately of the non-availability of the service. The consideration will be refunded immediately.
5. The place of performance is our registered office.

§ 3 Retention of title
1. In our contracts with our Customers, we retain title to the goods until all claims arising from a current business relationship have been settled in full.
2. The Customer is obliged to treat the goods with care. If maintenance and inspection work are necessary, the customer shall carry these out regularly at their own expense.
3. The Customer is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as of any damage or destruction of the goods. The Customer must notify us immediately of any change of ownership of the goods and of any change of their own registered office.
4. We are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment or breach of an obligation under clauses 2 and 3 of this provision.
5. The Customer is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount accruing to him from the resale against a third party. We accept the assignment. After the assignment, the customer is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the Customer fails to meet his payment obligations properly and is in default of payment.
6. The processing and treatment of the goods by the Customer shall always be carried out in our name and on our behalf. If processing is carried out with items that do not belong to us, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us to the other processed items. The same shall apply if the goods are mixed with other items that do not belong to us.

§ 4 Prices
1. Unless otherwise agreed, prices are ex works and include packaging.
2. Value added tax (VAT) at the applicable statutory rate shall be added to the prices; if advance payments are made as agreed, value added tax shall be added to the advance payment amount.

§ 5 Payment
1. Unless otherwise agreed, all payments shall be made to the designated paying agent within 8 days of the invoice date with a 2 % discount or within 30 days net.
2. During the period of default, the customer shall pay interest on the amount owed at a rate of 8 percentage points above the base rate. We reserve the right to prove and claim higher damages caused by default.
3. The withholding of payments or offsetting due to any counterclaims of the Customer that are disputed by us and have not been legally established are not permitted.

§ 6 Transfer of risk and dispatch
1. The risk shall pass to the Customer at the latest upon dispatch of the delivery items, even if partial deliveries are made or if we have assumed other services, e.g. shipping costs or delivery.
2. If dispatch is delayed due to circumstances for which the Customer is responsible, the risk shall pass to the Customer on the day on which the goods are ready for dispatch.
3. At the Customer's request and expense, we shall insure the shipment in accordance with the Customer's instructions.
4. The handover shall be deemed to have taken place if the Customer is in default of acceptance.

§ 7 Acceptance
The Customer may not refuse to accept goods due to minor defects.

§ 8 Material defects
We shall be liable for material defects in accordance with the following provisions:
1. All parts or services which show a material defect within the limitation period, regardless of the operating time, shall be repaired, replaced or re-provided free of charge at our discretion, provided that the cause of the defect already existed at the time of the transfer of risk.
2. Claims for material defects shall become time-barred after 12 months. This shall not apply if the law prescribes longer periods in accordance with §§ 438 Abs. 1 Nr. 2 (Bauwerke und Sachen für Bauwerke), 479 Abs. 1 (Rückgriffsanspruch) und 634a Abs. 1 Nr. 2 (Baumängel) BGB or in cases of injury to life, limb or health, in the event of an intentional or grossly negligent breach of duty on our part and in the event of fraudulent concealment of a defect. The statutory provisions on suspension, interruption and recommencement of the periods shall remain unaffected.
3. The customer must notify us of obvious defects in writing immediately, at the latest within a period of 1 week from receipt of the goods (notification of defects in accordance with (Mängelrüge gem. § 377 HGB)); otherwise, the assertion of claims for material defects is excluded. Timely dispatch is sufficient to meet the deadline. The customer bears the full burden of proof for all requirements for claims, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.
4. In the event of notifications of defects, payments by the customer may be withheld in the amount of twice the costs necessary to remedy the defect. The customer may only withhold payments if a complaint is made about which there can be no doubt as to its justification. If the complaint is unjustified, we shall be entitled to demand reimbursement of the expenses incurred by us from the customer.
5. We shall first be given the opportunity to remedy the defect within a reasonable period of time.
6. If the second attempt at subsequent performance or rectification of the defect fails, the customer may withdraw from the contract or reduce the remuneration without prejudice to any claims for damages pursuant to § 11.
7. Claims for defects shall not exist in the case of only insignificant deviations from the agreed quality, only insignificant impairment of usability, natural wear and tear or damage occurring after the transfer of risk as a result of faulty or negligent handling, excessive strain, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences that are not assumed under the contract, as well as in the case of non-reproducible software errors. If the customer or third parties carry out improper modifications or repair work, no claims for defects shall exist for these and the resulting consequences.
8. Claims by the customer for expenses necessary for subsequent performance, in particular transport, travel, labour and material costs, are excluded if the expenses increase because the delivery item has subsequently been moved to a location other than the customer's place of business, unless the move corresponds to its intended use.
9. The customer's recourse claims against us pursuant to § 478 BGB (Rückgriff des Unternehmers) shall only exist to the extent that the customer has not made any agreements with its customer that go beyond the statutory claims for defects. Furthermore, No. 8 shall apply mutatis mutandis to the scope of the customer's recourse claim against us pursuant to § 478 Abs. 2 BGB.
10. Claims for damages shall otherwise be governed by § 11 (Other claims for damages). Any claims of the customer against us and our vicarious agents for a material defect that go beyond those set out in this § 8 are excluded.

§ 9 Industrial property rights and copyrights; legal defects
1. Unless otherwise agreed, we are obliged to deliver the goods free of industrial property rights and copyrights of third parties (hereinafter referred to as ‘property rights’) only in the country of the place of delivery. If a third party asserts justified claims against the customer due to the infringement of property rights by deliveries made by us and used in accordance with the contract, we shall be liable to the customer within the period specified in § 8 No. 2 as follows:
a) At our discretion and at our expense, we shall either obtain a right of use for the deliveries in question, modify them so that the property right is not infringed, or replace them. If this is not possible for us under reasonable conditions, the customer shall be entitled to the statutory rights of withdrawal or reduction.
b) Our obligation to pay damages shall be governed by § 11.
c) Our aforementioned obligations shall only apply if the customer informs us immediately in writing of the claims asserted by the third party, does not acknowledge any infringement and reserves all rights to defend itself and negotiate a settlement. If the customer ceases to use the delivery for reasons of mitigation of damage or other important reasons, he shall be obliged to inform the third party that the cessation of use does not constitute an acknowledgement of an infringement of property rights.
2. Claims by the customer are excluded if he is responsible for the infringement of property rights.
3. Claims by the customer are also excluded if the infringement of property rights is caused by special specifications of the customer, by an application not foreseeable by us or by the fact that the delivery has been modified by the customer or used in conjunction with products not supplied by us.
4. In the event of infringements of property rights, the provisions of § 8 Nos. 4, 5 and 9 shall apply mutatis mutandis to the customer's claims regulated in No. 1 a).
5. In the event of other legal defects, the provisions of § 8 shall apply mutatis mutandis.
6. Any further claims or claims other than those regulated in this § 9 against us and our vicarious agents due to a legal defect are excluded.

§ 10 Impossibility; contract adjustment
1. If delivery is impossible, the customer shall be entitled to claim damages unless we are responsible for the impossibility. However, the customer's claim for damages shall be limited to 10% of the value of that part of the delivery which cannot be put into useful operation due to the impossibility. This limitation shall not apply in cases of mandatory liability for intent, gross negligence or injury to life, limb or health; this shall not imply a change in the burden of proof to the detriment of the customer. The customer's right to withdraw from the contract remains unaffected.
2. If unforeseeable events (force majeure, e.g. mobilisation, war, riots or similar events, e.g. strikes, lockouts) significantly change the economic significance or content of the delivery or have a significant impact on our operations, the contract shall be adjusted appropriately in good faith. If this is not economically reasonable, we shall be entitled to withdraw from the contract. If we wish to exercise this right of withdrawal, we shall inform the customer immediately after becoming aware of the significance of the event, even if an extension of the delivery period had initially been agreed with the customer.

§ 11 Other claims for damages
1. Claims for damages and reimbursement of expenses by the customer (hereinafter referred to as claims for damages), regardless of their legal basis, in particular due to breach of obligations arising from the contractual relationship and from tort, are excluded.
2. This does not apply in cases of mandatory liability, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, limb or health, or breach of essential contractual obligations. However, claims for damages for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, limb or health. The above provisions do not imply a change in the burden of proof to the detriment of the customer.
3. Insofar as the customer is entitled to claims for damages under this § 11, these shall become statute-barred upon expiry of the limitation period applicable to claims for material defects in accordance with § 8 No. 2. In the case of claims for damages under the Product Liability Act, the statutory limitation provisions shall apply.

§ 12 Conditions of return
1. At least 15% deduction for processing costs, but at least £150.00 for our outgoing freight. For deliveries free of charge, we will deduct the corresponding freight portion of the total delivery from the credit note. Return shipment to us free of charge. Parts must be returned in their original packaging. The parts originate exclusively from us. Cardboard boxes in which the products are mixed will not be sorted by us and will be returned to the customer immediately at the customer's expense.​​​​​​​
2. All items that are not listed in our current delivery programme cannot be returned or exchanged.
3. A surcharge of 12.50 Euros (minimum quantity surcharge) will be added to the prices for small purchases of less than 75.00 Euros order value.

§ 13 Tool costs
By paying a share of the costs for tools, the customer does not acquire any rights to the tools themselves.

§ 14 Place of jurisdiction and applicable law
1. Any disputes arising from the contractual relationship shall be brought before the court with jurisdiction over us. The same applies if the customer does not have a general place of jurisdiction in Germany. We are also entitled to bring an action at the customer's place of business. Our place of business is D-88161 Lindenberg/Allgaeu, Germany. The place of jurisdiction for bill of exchange and cheque proceedings is also Lindenberg/Allgaeu, Germany

2. The legal relationship in connection with this contract shall be governed by German substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

§ 15 Binding nature of the contract
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic purpose comes as close as possible to that of the invalid provision.