AGB

1. Conclusion

Our terms and conditions apply exclusively. Deviating con­ditions have no validity. Our terms and conditions shall also apply to future transactions with our customers, even if we no longer refer to them additionally.

2. Prices

Our prices are subject to change without notice and do not include statutory value added tax. The prices valid on the day of delivery shall apply for invoicing.

3. Payment terms

The invoices are payable: 30 days net

10 days 2% early payment discount

If the creditworthiness of the customer comes into question, we reserve the right to demand advance payment before delivery, claim damages for non-performance and/or to withdraw from the contract after a reasonable period of time.

4. Liability for material defects

a) If the customer is a consumer, the liability for material de­fects shall be determined in accordance with the statu­tory provisions. In the case of the delivery of used goods, the warranty claims will expire one year after delivery.

b) If the customer is not a consumer, he must inspect the goods immediately after delivery and notify us of any defects without delay. Otherwise the customer can no longer invoke recognisable defects. If the deliv­ered goods have a defect, we shall be entitled, at our discretion, to remedy the defect or deliver a replace­ment. If the remedy of the defect fails twice or if we are not prepared or able to remedy the defect or deliver a replacement, our customer may withdraw from the contract or demand a price reduction. The customer may also have rights to withdrawal or reduction if the removal of defects or replacement delivery is unreason­ably delayed.

5. Exclusion of liability

Claims for damages by our customers who are not consum­ers are excluded, unless they are based on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent. This exclusion of liability does not apply to damages due to injury to life, body or health of individuals.

6. Default

If we are in default with our delivery, our obligation to pay damages in the event of slight negligence shall be limited to the foreseeable damage. Extensive claims for damages shall only exist if the delay is due to intent or gross negligence. We are not liable for cases of force majeure such as workers’ strikes.

7. Retention of ownership

a) If we deliver to consumers, we reserve the right of ownership until full payment of our goods. The customer may not resell the goods before full payment. He shall notify us immediately of any attachments.

b) We reserve title to our goods until all our claims arising from the business relationship with our commercially ac­tive customers, including our deferred orders or orders not yet executed for other reasons, have been fulfilled. This shall also apply if we file all or individual claims against our customer in a running account as long as we have a credit balance from the current account. Our customer is entitled to resell the reserved goods in the ordinary course of business as long if not in default with payment obligations towards us. Our customer hereby assigns all claims from the resale of our goods against the customer’s buyer to secure our claim, and we accept the assignment. The customer also assigns all claims on other legal grounds against all third par­ties, including insurance companies, in the event of loss or destruction of our goods and we accept this assign­ment. The customer may collect the assigned claims themselves as long as they fulfil all payment and other obligations towards us. They must immediately inform us of access to our property or our claim, and provide us with all information and documents necessary for col­lection of the claim. Our customer shall process or pro­cess the reserved goods on our behalf. They shall assign to us their claims from the sale of the processed goods in full. If the customer processes our goods, combines, mixes or blends them with goods which the customer does not own, we shall be entitled to ownership of the reserved goods for the other processed goods at the time of processing, combining or mixing. If our buyer ac­quires sole ownership of the new item, they shall grant us sole ownership of the new item and keep it for us. If our customer sells the goods which are in our co-own­ership, the customer shall assign to us that part of the claim which corresponds to our co-ownership share. We shall release our right to retention of title upon request if and as soon as the value of the securities for our claims is exceeded by more than 20%. If we receive a bill of exchange, our retention of title rights shall only expire upon their redemption by our customer as drawee.

8. Place of performance

The place of performance for both parties is Steinfurt.
If our customer is a merchant, Steinfurt (Westphalia, Germany) shall apply as the agreed exclusive place of jurisdiction.