Terms and Conditions

I. General

1. All offers, deliveries and agreements are exclusively subject to our General Terms and Conditions of Delivery and Payment. form the basis. Deviations and  ancillary agreements must be made in text form. Any conflicting terms and conditions of the buyer are expressly not recognized.
2. Our offers are subject to change. Subject to prior sale.

3. our travelers and representatives are not authorized to conclude contracts. Orders placed with them require our confirmation in text form to be effective. confirmation in text form.
4. Your order constitutes an offer to us to conclude a purchase contract. When you place an order, we will send you a message confirming that we have received your order and listing its details (order confirmation). This order confirmation does not constitute an acceptance of your offer. A purchase contract is only concluded when we ship the ordered product to you and confirm the shipment to you with a second e-mail or a message in your customer account.
5. We reserve the right to minor deviations in quality, design and quantity of the goods, insofar as these changes are caused by the raw material market or for technical reasons and are reasonable for the purchaser.
6. For confirmations of orders, the reservation applies without exception that the execution is not hindered by incidents of any kind, in particular disruptions in our own operations or those of our suppliers, official measures, shortages of raw materials and unforeseeable transport problems. If such incidents occur, we shall be entitled, at our discretion, to a to postpone, to restrict delivery or to withdraw from the contract. In this case, the purchase of external goods is excluded in this case. The purchaser may withdraw from the contract under the aforementioned conditions if he has previously given us has provided us with a sufficient opportunity for subsequent delivery.
7. The goods are for the account and risk of the buyer. In the absence of special instructions from the buyer, we do not insure the goods against transport damage. In this case, we reserve the right to determine the transport person, the transport routes and the mode of transport without any obligation.
8.In the case of continuous business relations, these terms and conditions shall also apply to future transactions in which no express reference is made to them if they are agreed by the partners in an earlier order. reference is made to them, if they were agreed by the partners in an earlier order.

II. Delivery

1. Delivery periods shall commence after receipt of all documents required for the execution of the order, timely provision of materials, if any, and agreed down payments.
2. We shall comply with agreed delivery periods to the best of our ability. Delivery periods shall only be binding for us if they have been expressly confirmed in text form. Approximate delivery dates are not binding agreements, but indications of a possible delivery date, which we endeavor to meet.
3. If an agreed delivery time is not met, the buyer may set a reasonable grace period in text form and withdraw from the contract after the fruitless expiry of the grace period.
4. If, in the case of call-off (framework) contracts, no final date has been agreed by which the entire delivery quantity must be called off, the entire order must be called off within 12 months at the latest.
5. If shipment is delayed at the request of the purchaser or if the purchaser is responsible for the delay, the purchaser shall be charged for the costs incurred for storage, starting one month after notification of readiness for shipment, but at least half of one hundred of the invoice amount for each month in the case of storage in our works. After setting a reasonable grace period, we shall be entitled to dispose of the goods otherwise. Other statutory rights shall remain unaffected.
6. Partial deliveries or partial services are permissible if we have a justified interest in them and they are reasonable for the buyer.

III. Purchase price/shipping costs

1. Unless otherwise agreed, our prices are ex works excluding freight and packaging plus statutory value added tax. The prices are only valid for the agreed quantity according to number of pieces, measure or weight.
2. If delivery is made in accordance with the contract more than 4 months after conclusion of the contract, the prices generally charged by us on the date of delivery shall be paid by the purchaser, unless expressly agreed otherwise. In the case of continuing debt relationships (call-off orders), invoicing shall be carried out in each case at the prices generally charged by us on the day of delivery.
3. Insofar as the purchaser is a fully qualified merchant within the meaning of the law or a corporation under public law, the prices may also be adjusted appropriately before expiry of the 4-month period if the prices of the upstream suppliers are increased during this period and this was not known at the time of conclusion of the contract. The purchaser may only set off undisputed or legally established claims against our purchase price claims.
4. The purchaser shall only be entitled to rights of retention insofar as they are based on the same contractual relationship.
5. Insofar as the purchaser is a fully qualified merchant, he shall not be entitled to rights of retention unless his counterclaim has been legally undisputed or recognized by us.

IV. Warranty

1. Our warranty is limited to the fact that our goods comply with the generally accepted rules of technology at the time of the order. Only average type and quality is guaranteed. A warranty claim is lost if the instructions for use enclosed with the goods are not observed, no professional processing takes place at the buyer's premises and the goods are stored inadequately.
2. Obvious defects of the delivered goods are to be notified to us in text form without prejudice to statutory periods for giving notice of defects, at the latest, however, within 8 calendar days after delivery of the consignment, stating the exact type and number of products as well as the invoice number or the delivery bill. Defects notified late shall exclude any warranty claim.
3. The provisions of § 377 HGB shall apply to non-obvious defects.
4. In case of defectiveness of the goods delivered by us and timely notification of the defect, we may, at our own discretion, remedy the defect or deliver defect-free goods free of charge. If the replacement delivery fails, the purchaser shall be entitled to the statutory rights to rescission or reduction. Claims for damages due to non-performance are expressly excluded.
5. In the event of a complaint, we must be given the opportunity to inspect the goods upon request by sending in material samples. In the event of a breach of this obligation, the purchaser shall forfeit his warranty claims. Even in the event of complaints about the goods, the purchaser is obliged to store the delivered goods properly until they are released by us.

V. Claims for damages

1. Claims for damages of any kind whatsoever are expressly excluded, this applies both with regard to any delayed delivery and in the case of warranty defects.
2. The exclusion of damages shall not apply in the event of intentional or grossly negligent breach of contract by us. Excluded are damages from positive breach of contract as well as consequential damages due to delivery of delayed or defective goods as well as lack of warranted characteristics, unless excluded by law.

VI. Terms of payment

1. We shall be entitled to send invoices to the Buyer by e-mail; the invoice shall be deemed received when it has been sent to the Buyer's domain.
2. Our invoices are payable net within 14 days of the invoice date, unless other payment terms have been expressly agreed.
3.Bills of exchange and checks are accepted on account of performance; discount charges and costs shall be borne by the purchaser.
4. We shall not be liable for timely presentation of the aforementioned documents; the purchaser shall not be entitled to accept bills of exchange and checks.
5. In the event of forced collection of our claim within the framework of extrajudicial or judicial collection, any discount granted or discount deduction shall be forfeited.
6. Our employees and commercial agents as well as other representatives are only authorized to collect payments upon presentation of a power of attorney in text form. Payment to them can only be made with discharging effect upon presentation of the power of attorney.
7. In the event of default in payment by the purchaser and from the 15st day after the invoice date, we shall be entitled to charge interest on arrears or due dates at a rate of at least the bank interest payable by ourselves in each case.
8. If, after conclusion of the contract, we become aware of circumstances that give rise to doubts about the creditworthiness of the purchaser, we may, in deviation from the agreed terms of payment, at our discretion demand advance payment or the provision of security prior to delivery.

VII. Retention of title

1. The delivered goods remain our exclusive property until payment of the full purchase price as well as payment of all outstanding invoices from other deliveries to the buyer. The retention of title shall remain in force even if individual claims of the seller are included in a current invoice and the balance is drawn and recognized.
2. Any processing or treatment of the goods subject to retention of title within the scope of the Buyer's business operations shall be conceded; we shall acquire co-ownership of the new product in the ratio of the value of our goods subject to retention of title to the total value.
3. The buyer is authorized to resell the goods in the course of business. Pledging or transfer of ownership by way of security is excluded.
4. The purchaser hereby assigns to us the purchaser's claim against third parties arising from the resale or further processing of our reserved goods, and we accept this assignment. The purchaser is entitled to collect this claim as long as he meets his obligations towards us. However, we shall be entitled to disclose the assignment at any time and to collect the assigned claim in our own name. Claims of the purchaser against injurers or insurers arising from damage to or destruction of the reserved goods are also assigned.
5. The purchaser must inform us immediately of any compulsory execution measures by third parties against the goods subject to retention of title or against the claim assigned in advance, handing over the documents necessary for an intervention. If this is omitted, not only the purchaser himself but also his managing director shall be personally responsible for the resulting damage.
6. At our request, the Buyer shall provide us with the information on the assigned claim and the debtor required for collection and shall also notify the debtor of the assignment and its entitlement.
7. If the purchaser is in default or arrears with payment or if there is any other suspicion that the purchaser could fall or has fallen into financial collapse, we may take back our reserved goods without this constituting a withdrawal. We shall then keep them for the buyer as security for our claim. In this case, we shall be entitled to withdraw from the contract even without giving notice.
8. The Buyer irrevocably agrees to the collection of the goods under the aforementioned conditions and already now authorizes the entry of its premises by us or by persons authorized by us in text form. These shall also be entitled to visit and enter the rooms in which the goods are stored. We shall be entitled to return the goods taken back goods after giving appropriate notice and setting a deadline.
9. If the value of the security existing for the Seller exceeds the Seller's claim by more than 20 % in total, the Seller shall be obliged to release securities of the Seller's choice at the request of the Buyer or a third party affected by the Seller's excess security.

VIII. Providing information

In the event that we provide advice within the scope of our product range or information, this does not constitute the conclusion of a consulting contract (service contract). Advice and information are provided to the best of our knowledge, but without guarantee. In the context of product-related consulting, we are entitled to invoice our expenses.

IX. Tools/Molds/Tolerances

1. For tools/molds, the following special conditions shall apply in addition. The above conditions shall continue to apply without restriction insofar as they do not conflict.
2. Molds or tools manufactured by ourselves or by third parties on our behalf shall remain our exclusive property, but shall be used exclusively for orders placed by the purchaser. The costs for the production of the molds or tools shall be borne by the buyer.
3. Moulds and tools shall be stored by us for subsequent orders, however, for no longer than 12 months after the end of the last delivery, unless otherwise expressly agreed in text form. We shall not assume any further liability.
4.Mold or tooling costs are payable net without deduction, 50% upon order placement and 50% upon receipt of the outturn samples. Cash discount deduction is not permissible.
5. Form or tool costs assumed by us in the internal relationship, which we have not charged to the purchaser with regard to the scope of the order (call orders), may be claimed by us in whole or in part if the delivery quantities agreed for the order concerned have not been accepted within the period provided for or after a deadline has been set, at the latest within 6 months after the end of the call period. In this respect, periods of limitation are expressly excluded.
6. We are not obliged to accept follow-up orders even if the buyer pays for molds and tools himself.
7. If the purchaser does not pay for the delivered goods or tools, we can use the molds or tools intended for this order in any other way after giving notice and setting a deadline.
8. If we have to deliver according to drawings, models and samples of the purchaser, the purchaser shall be responsible for ensuring that industrial property rights of third parties are not infringed thereby. We shall inform the purchaser of any rights known to him; the purchaser shall indemnify us against claims of third parties and pay compensation for any damage incurred. The same obligations apply to us in the reverse case.
9. If a third party invokes an industrial property right belonging to it and prohibits us from manufacturing, we shall be entitled to discontinue the work without checking the legal situation, but shall inform the purchaser thereof without delay.
10. Drafts, drawings, templates, samples, models, design proposals as well as confidential information from us and the purchaser may only be passed on to third parties with the permission of the party from whom they originate. Drawings and samples provided to us which have not resulted in an order will be returned upon request. Otherwise, we shall be entitled to destroy them three months after submission of the offer.

X. Privacy

We are entitled to store and process the data about the Buyer received in the course of the business relationship, regardless of whether they originate from the Buyer directly or from third parties. We ensure compliance with the provisions of the Federal Data Protection Act. A separate notification of the data storage is not required.

XI. Place of performance/applicable law/jurisdiction

1. Place of performance is Hofheim/Taunus.
2. The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
3. The place of jurisdiction is Frankfurt am Main, also for check and bill of exchange proceedings, as far as the buyer is a registered merchant in the sense of the law. In all other respects, the statutory provisions shall apply.

XII. Warranty period/statute of limitations

Gerichtsstand ist Frankfurt am Main, auch für Scheck- und Wechselverfahren, soweit der Käufer Vollkaufmann im Sinne des Gesetzes ist. Im Übrigen gelten die gesetzlichen Bestimmungen.

Product images and product descriptions

All product images and product descriptions may differ from the original. No liability is assumed for these deviations.