hereinafter referred to as the seller
The following terms and conditions of sale apply to all contracts concluded between the seller and the buyer for the purchase of goods produced by the seller. They also apply to all future business relationships, even if they are not expressly agreed upon again. By submitting or accepting an offer, the buyer expressly acknowledges these terms and conditions and irrevocably waives any objections arising from its own conflicting terms and conditions.
Information and advice regarding the products are based solely on our own experience. All product information in brochures or other printed materials, especially illustrations, drawings, dimensions, and performance specifications, are approximate average values and should be considered non-binding general performance descriptions.
The "nature" of the goods is to be found in the "product description" underlying the respective contract and detailed in the order confirmation; only this description is considered agreed upon. Characteristics are generally only considered guaranteed if this has been expressly confirmed in writing.
The characteristics of sample copies or specimens only become part of the contract if this has been expressly agreed upon in writing. The buyer is not entitled to use or distribute sample copies or specimens.
The buyer must notify the seller in writing of any special requirements regarding the goods well in advance of concluding the contract. These requirements will only become part of the contract if the buyer confirms them in writing.
An order from the buyer can be accepted within two weeks by sending an order confirmation and, in the case of subsequent contracts, also by shipping the ordered goods within the same period. Subsequent contracts are all contractual relationships initiated after the initial contract. For all subsequent contracts, the buyer is bound to their order for two weeks from the date of receipt by the seller, provided the goods, quantity, and price are specified. The seller is only obligated to perform after sending the order confirmation or shipping the goods.
The order confirmation definitively reflects the contract terms. Minor deviations in form, color, weight, and material remain unaffected.
In the event of an increase in raw material and raw material procurement costs, as well as costs arising from environmental regulations, including new costs, the purchase price may be unilaterally and appropriately increased if more than three months have elapsed between the conclusion of the contract and delivery, and the seller provides proof of the increase. The increase in the purchase price may not exceed 5%.
In the case of call-off orders, the seller is entitled to procure the material for the entire order and to produce the entire order quantity immediately. The risk of necessary or appropriate changes or a lower demand is borne exclusively by the buyer.
All prices are ex-works, excluding packaging and delivery, and are subject to applicable VAT. Any taxes or fees incurred for deliveries abroad will be invoiced separately and are to be borne by the buyer or, if the buyer is obligated to pay in advance, reimbursed to the seller.
The buyer is responsible for transport costs.
The purchase price is due net (without deductions) upon receipt of the invoice by the buyer. Any other payment terms are only valid if explicitly stated in the order confirmation. Payment is only considered complete when the seller has received the funds via credit to their account. Advance payments are only required if agreed upon in writing prior to the conclusion of the contract.
In the event of late payment, the statutory regulations apply.
The buyer will be in default even without a reminder if payment is not received within 30 days of the invoice date.
Delivery dates or deadlines are only valid if they are expressly agreed upon in writing. The seller is liable for damages resulting from delayed delivery only if caused directly or indirectly by the seller's own gross negligence or willful misconduct, or by the gross negligence or willful misconduct of any persons the seller engages to fulfill its obligations. The seller is not liable for delays or damage to the goods caused by third parties, including the carrier, or by environmental factors, etc.
The seller is entitled to make partial deliveries and provide partial services at any time, provided that this is not unreasonable for the customer.
If the buyer cannot accept the goods at the agreed time, they are obligated to reimburse the seller for all resulting additional costs, without the need for a specific request for acceptance. The buyer is also responsible for the necessary costs of appropriate storage. Otherwise, the statutory provisions regarding default of acceptance apply.
Loading and shipping are carried out uninsured at the buyer's risk.
The buyer's claims for defects are only valid if they inspect the goods immediately upon receipt and, if a defect is found, report it without delay. Hidden defects must be reported immediately after they become apparent. Otherwise, the goods are considered accepted.
The seller is liable for the suitability of the goods for the purpose intended and stated by the buyer only if this is expressly agreed upon separately in writing. The buyer's obligation to subject the goods to their own tests and trials for suitability before processing remains unaffected.
The seller provides no warranty for material defects and is not liable for direct or indirect damages resulting from excessive use, moisture, excessive heat, other temperature and weather influences, or from unsuitable or improper handling, storage, or processing of the products.
All warranty claims of the buyer expire one year after delivery of the goods.
The delivered goods remain the property of the seller until full payment of the purchase price has been received.
The buyer is entitled to process and resell the goods subject to retention of title in the ordinary course of business, provided he is not in default. Pledging or assigning the goods as security is prohibited. The buyer hereby assigns to the seller, as security, all claims arising from the resale or any other legal basis (insurance, tort) relating to the goods subject to retention of title. The seller revocably authorizes the buyer to collect the assigned claims on the seller's behalf and in the buyer's own name. This authorization to collect may only be revoked if the buyer fails to meet his payment obligations.
In the event of third-party access to the goods subject to retention of title, in particular seizures, the buyer shall inform the third party of the seller's ownership and notify the seller immediately so that the seller can enforce their ownership rights. If the third party is unable to reimburse the seller for the legal or extrajudicial costs incurred in this connection, the buyer shall be liable for these costs.
If the buyer defaults on payment, the seller is entitled to withdraw from the contract and demand the return of the goods subject to retention of title.
The export of goods to non-EU countries requires the written consent of the seller. In the event of export, the buyer is solely responsible for complying with all applicable import and export regulations.
These terms and conditions and all legal relationships between the seller and the buyer are governed by the laws of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
For all disputes arising from the contractual relationship, Chemnitz shall be the exclusive place of jurisdiction.
If parts of these terms and conditions are not compatible with applicable law, the applicable law shall prevail, and the remaining terms and conditions shall remain unaffected. These general terms and conditions of business and delivery have been in effect in their current version since January 1, 2026.
In accordance with the provisions of the Federal Data Protection Act, please note that all bookings are processed via an IT system and that the customer data used in this context due to the business relationship is stored.
