Terms & Conditions

General Terms and Conditions

Stand: 14th of September, 2025 

Here you can find the pdf-version.

§ 1 Scope of Application

(1) These Terms and Conditions of Sale shall apply exclusively to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).
(2) Any terms and conditions of the purchaser that deviate from or contradict our Terms and Conditions of Sale shall only be valid if we have expressly agreed to their applicability in writing. We hereby expressly reject any general terms and conditions of the purchaser that conflict with or supplement these Terms and Conditions of Sale; our silence or performance of the contract shall not be deemed acceptance of such terms.

§ 2 Offer and Conclusion of Contract

(1) Our offers are non-binding and without obligation unless expressly designated as binding in writing. Purchaser’s orders shall be deemed accepted only upon our written confirmation.
(2) Drawings, illustrations, dimensions, weights, or other performance data are only binding if expressly agreed in writing.
(3) If we receive an order from the purchaser electronically, we shall promptly acknowledge receipt. Such acknowledgment of receipt shall not constitute binding acceptance of the order. The acknowledgment of receipt may be combined with the declaration of acceptance.

§ 3 Documents Provided

(1) We retain ownership and copyright to all documents provided to the purchaser in connection with the placing of the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we expressly consent in writing.
(2) If we do not accept the purchaser’s order within 14 days, such documents shall be returned to us without delay.
(3) Documents, samples, or models provided by the purchaser may only be made available to third parties with the purchaser’s written consent.

§ 4 Prices and Payment

(1) Unless otherwise agreed in writing, our prices are ex works, exclusive of packaging, transport, insurance, and VAT.
(2) Packaging and shipping costs shall be invoiced separately.
(3) Payments must be made exclusively to the account specified by us.
(4) Any deduction of discounts requires a separate written agreement.
(5) Unless otherwise agreed in writing, payments shall be due within 14 days of the invoice date without deduction.
(6) In the event of default in payment, we shall be entitled to charge default interest at a rate of 9 percentage points above the applicable base interest rate per annum from the due date. We reserve the right to assert further claims for damages caused by delay.
(7) The purchaser shall only be entitled to set-off or retention if the counterclaims have been legally established, are undisputed, or acknowledged by us.

§ 5 Delivery

(1) Delivery dates or deadlines, which may be agreed as binding or non-binding, must be made in writing.
(2) Our delivery obligation is subject to timely and proper self-supply.
(3) If the purchaser is in default of acceptance or culpably breaches other duties to cooperate, we shall be entitled to claim compensation for the damages incurred by us, including any additional expenses.
(4) The risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser at the time when the purchaser is in default of acceptance.

§ 6 Delivery Period

(1) Compliance with delivery deadlines presupposes the timely and proper fulfillment of the purchaser’s obligations.
(2) If the purchaser is in default of acceptance or culpably breaches other duties to cooperate, we shall be entitled to claim compensation for the damages incurred by us, including any additional expenses.
(3) Statutory claims and rights of the purchaser due to delay in delivery shall remain unaffected unless restricted by these Terms and Conditions of Sale.
(4) We shall not be liable for delays or impossibility of delivery caused by circumstances beyond our reasonable control, including but not limited to force majeure, war, terrorism, labor disputes, pandemics, governmental actions, or other cases of force majeure. In such cases, agreed delivery periods shall be extended by the duration of the hindrance plus a reasonable restart period. If such circumstances last longer than 60 days, either party shall be entitled to withdraw from the contract by written notice without liability. The purchaser shall have no claims for damages arising from such delays or failures.
(5) Contractual penalties for delayed delivery or performance are excluded and shall only apply if we have expressly agreed to them in a separate written agreement.

§ 7 Delivery Terms (Incoterms® 2020)

Unless expressly agreed otherwise in writing:

• Deliveries to customers within the European Union shall be made EXW Finsing, Incoterms® 2020.
• Deliveries to customers outside the European Union shall be made FCA Finsing, Incoterms® 2020.

Any deviating delivery terms contained in the purchaser’s order or general terms and conditions of purchase are expressly rejected.

§ 8 Retention of Title

(1) We retain title to the delivered goods until full payment of all claims arising from the business relationship with the purchaser. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to take back the goods if the purchaser acts in breach of contract; such repossession shall not constitute withdrawal from the contract unless expressly declared.
(2) The purchaser is obliged to handle the goods with care, to insure them adequately against damage, and to notify us immediately of any third-party access.
(3) The purchaser hereby assigns to us all claims against its customers arising from the resale of the goods subject to retention of title in the amount of the final invoice value (including VAT). This assignment shall apply regardless of whether the goods have been resold without or after processing. The purchaser shall remain entitled to collect such claims as long as we do not revoke this authorization. If the purchaser defaults on payment or insolvency proceedings are filed, we may revoke this authorization and collect the claims ourselves.
(4) Any processing or transformation of the goods by the purchaser shall always be carried out on our behalf. If the goods are processed or inseparably combined with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of our goods to the other items processed at the time of processing.
(5) To secure our claims, the purchaser also assigns to us such claims that accrue to him against a third party by combining the goods subject to retention of title with real property; we hereby accept this assignment.

§ 9 Warranty, Notification of Defects and Supplier Recourse

(1) The purchaser’s warranty rights are subject to the purchaser’s proper compliance with its inspection and notification obligations pursuant to Section 377 of the German Commercial Code (HGB). In particular, the purchaser must inspect the goods immediately upon delivery and notify us of any obvious defects without delay in writing. If such notice is not given in time, the goods shall be deemed approved.
(2) Warranty claims of the purchaser shall expire 12 months after delivery of the goods. This shall not apply where longer periods are mandatory by law (§ 438 (1) No. 2 BGB, § 445b (1) BGB, § 634a (1) BGB). Our consent must be obtained before returning the goods.
(3) In the event of justified notifications of defects, we shall have the right, within a reasonable period, at our option, to remedy the defect or supply a replacement.

§ 10 Limitation of Liability

(1) We shall be liable without limitation for damages resulting from injury to life, body, or health caused by intentional or negligent breach of duty, as well as for damages based on intentional or grossly negligent conduct by us, our legal representatives, or vicarious agents. Liability under the Product Liability Act shall remain unaffected.
(2) In all other cases, our liability is limited. In cases of simple negligence, we shall only be liable for the breach of essential contractual obligations. In such cases, our liability shall be limited to the damage that is typically foreseeable at the time of conclusion of the contract and, in any case, capped at the value of the affected delivery or service.
(3) We shall not be liable for indirect or consequential damages, such as lost profits or production downtime, resulting from a slightly negligent breach of duty.
(4) The above limitations of liability shall apply to all claims for damages against us, regardless of the legal grounds, and also in favor of our employees, representatives, and vicarious agents.

§ 11 Recall Costs

Insofar as we are obliged to carry out a recall under mandatory statutory provisions within the framework of product liability or for other reasons, our liability shall be limited to the demonstrably necessary and reasonable costs. Any further liability, in particular for indirect damages, is excluded.

§ 12 Intellectual Property

We retain all ownership, copyright, and industrial property rights to all documents, drawings, designs, calculations, samples, software, and other work results created or provided by us in the course of performing the contract. The purchaser is granted only a non-exclusive, non-transferable right of use for the contractual purpose. Any disclosure to third parties or use beyond this purpose requires our express written consent.

§ 13 Compliance and Export Control

The purchaser shall comply with all applicable statutory provisions relevant to the performance of the contract, in particular regarding environmental, labor, and social standards, anti-corruption, as well as export control and sanctions. We do not warrant the admissibility of export or resale of the delivered goods to third countries; this is the purchaser’s responsibility. Liability for violations of export control or sanction regulations is excluded unless caused by intent or gross negligence on our part.

§ 14 Confidentiality

Both parties undertake to keep confidential all information obtained in the course of the contractual relationship from the other party and to use it solely for the purpose of performing the contract. This obligation does not apply to information that is publicly known or lawfully obtained from third parties. The obligation shall remain in force for a period of three years after termination of the contract.

§ 15 Miscellaneous

(1) This contract and all legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) Place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.
(3) Any withdrawal or termination of the contract by the purchaser shall only be permitted if a statutory basis exists. Contractual or GTC-based special rights of the purchaser are expressly excluded.
(4) In the event of discrepancies between the German and the English version of these Terms and Conditions of Sale, the German version shall prevail.