§ 1 SCOPE

Our conditions of sale apply exclusively. Conditions of the purchaser that deviate from our conditions of sale are not valid.

 

§ 2 CONCLUSION OF THE CONTRACT

The order is a binding offer. We can, at our discretion, accept this offer within two weeks by sending an order confirmation or by sending the ordered goods to the customer within this period.

 

§ 3 PRICES

(1) Unless otherwise stated in the order confirmation, our prices apply ex our branch in Potsdam.

(2) Our invoices are due for payment without deductions within two weeks of the invoice date. If the customer defaults on payment, we are entitled to demand default interest of 5% above the base interest rate. If we can prove higher damages caused by the delay, we are entitled to claim this.

(4) The customer is only entitled to offsetting rights if his counterclaims have been legally established, are undisputed or have been recognized by us.

 

§ 4 DELIVERY TIME

(1) If we are in default, our liability for damages in the event of slight negligence is limited to an amount of 30% of the foreseeable damage. Further claims for damages only exist if the delay is due to intent or gross negligence.

(2) Compliance with our delivery obligation requires the timely and proper fulfillment of the customer's obligation.

 

§ 5 WARRANTY

(1) If there is a defect for which we are responsible, we are entitled, at our discretion, to remedy the defect or to deliver a replacement. If the defect is eliminated, we are obliged to bear all expenses necessary for the purpose of eliminating the defect, in particular transport, travel, labor and material costs, unless these are increased by the fact that the purchased item was brought to a location other than the place of performance .

(2) There are no warranty claims for defects if products manufactured or sold by us are used in competitions or in an unusual way.

(3) If the elimination of the defect fails, or if we are
unwilling or unable to remedy the defect or deliver a replacement, or if this is delayed beyond a reasonable period of time for reasons for which we are responsible, the customer is entitled to withdraw from the contract or to request a reduction in the purchase price.

(4) Any further claims by the purchaser, in particular claims for damages including lost profits or other financial losses on the part of the purchaser, are excluded.

(5) The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence. It also does not apply if the customer asserts claims for damages due to the lack of the guaranteed properties. Information about dimensions and weights of products manufactured or sold by us does not represent guaranteed properties.

(6) If an essential contractual obligation is breached negligently, our liability is limited to foreseeable damage.

(7) The warranty period is 2 years from delivery of the purchased item. The same deadline also applies to claims for compensation for direct consequential damage caused by defects, provided that no claims are asserted based on unlawful acts.

 

§ 6 RETENTION OF TITLE

(1) We reserve ownership of the purchased item until all payments under the contract have been received. If the purchaser behaves in breach of contract, we are entitled to take back the purchased item. The withdrawal and seizure of the reserved item constitutes a withdrawal from the contract.

(2) In the event of seizures or other interventions by third parties, the purchaser must immediately notify us in writing.

(3) Any processing or transformation of the purchased item by the purchaser is always carried out on our behalf. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item to the other items being processed at the time of processing.

(4) If the purchased item is mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed item at the time of mixing. If the purchaser's item is to be viewed as the main item, the purchaser must transfer proportional co-ownership to us.

(5) We undertake to release the securities to which we are entitled at the purchaser's request to the extent that the value of our securities exceeds the claims to be secured by more than 20%.

 

§ 7 PLACE OF PERFORMANCE

The place of performance is our registered office in 14471 Potsdam.