General terms and conditions:
§ 1 General
(1) For all other goods and services exclusively subject to the following terms and conditions and shall apply only to companies within the meaning of § 310 para 1 in conjunction with § 14 Civil Code. They apply to all future contracts and orders as agreed without the need for subsequent contracts were explicit references. This is especially important for deliveries, repair phone, mail or electronically placed orders.
(2) Other conditions of the buyer that the seller does not expressly recognize, is not binding, even if the seller does not expressly contradict them.
(3) inclusion and interpretation of these terms and conditions govern as well as conclusion and interpretation of legal transactions with the buyer himself exclusively to the laws of the Federal Republic of Germany. The application of the uniform law on the conclusion of international contracts of sale of movable goods, the Uniform Law on the International Sale of Goods of UN purchasing law is excluded.
(4) The invalidity of any provision of this Agreement or its constituents does not affect the validity of the regulations. The contracting parties shall to the extent reasonable in good faith obligation to replace an invalid provision by a their economic success comes as effective control, provided that no fundamental change in the contract are brought, and the same applies if a regulation requiring issue is not explicitly regulated.
(5) performance for all directly or indirectly resulting from this contract obligations, including payment obligations, the location of the seller.
(6) The jurisdiction responsible for the office of the seller court (Local Court / District Court of Ingolstadt), unless the buyer is a businessman. The seller is also entitled to sue in a court which is responsible for the office or a branch of the buyer.
§ 2 Offers, scope and conclusion of contract
(1) contract offers by the seller are subject to change.
(2) The scope of the contractual performance, only the confirmation of order will prevail. Only when this is a contract.
(3) changes in design, material selection, specification and design of reserves, the seller even after submitting an order confirmation, provided that such changes are not in the order confirmation nor the specification of the buyer. The buyer will be explained further agree to further changes proposed by the seller, if reasonable for the buyer.
(4) Partial deliveries are permissible.
(5) the offer or order confirmation is based, such as illustrations, drawings, measurements and weights are generally to be understood only as approximate values, unless they are expressly designated as binding.
§ 3 Prices and Payment
(1) The prices are ex works, excluding packaging and other shipping and transportation costs. The packaging is charged at cost and only revoked if the seller is obliged by virtue of mandatory statutory provisions.
(2) takes into account changes requested by the buyer, the seller, the resulting additional costs to the buyer will be charged.
(3) In case of culpable excess of the payment period be required, subject to the enforcement of further claims interest at a rate of 8% above the prevailing base rate.
§ 4-off and retention
Offsetting and retention are excluded, unless the set-off claim is undisputed or legally binding.
§ 5 Delivery time
The indication of a delivery date at the discretion and extended as appropriate if the buyer delays in turn required or agreed participation or fails or additional orders. The same applies to measures in the context of labor disputes, strikes and lockouts and unforeseen obstacles that lie outside the control of the seller, for example Delivery delay of a subcontractor, traffic and business disruptions, shortages of materials or energy, etc. Also, the buyer of the goods delivered caused changes lead to a reasonable extension of the delivery period.
§ 6 Transfer of risk
The risk passes to the buyer when the seller has handed over the goods to a carrier. All shipments, including returns to risk traveling without exception, the buyer.
§ 7 Retention of title
(1) The seller retains title to the goods delivered until full payment. The retention of title also applies to all, including future and conditional claims from the business relationship between buyer and seller are fulfilled.
(2) The purchaser is entitled to collateral assignment or pledge of the goods is not entitled, however, be entitled to resell the reserved goods in the ordinary course of business. The resulting relation to its business partners, he claims arising from Seller hereby assigns to the already and will notify the seller, upon request, with too.
(3) If the goods by the buyer worked or processed, the security interest also extends to the whole new thing. The buyer acquires ownership of the fraction that corresponds to the ratio of the value of his goods to the seller of the goods delivered.
(4) exceeds the value of all existing securities salesman for the long term, the existing claims by more than 10%, then the seller to the buyer request collateral to the seller is released.
(5) The seller is entitled to the retention of title rights, without the contract.
§ 8 Warranty claims
(1) the purchase of a commercial transaction for both parties is to investigate the buyer has the goods immediately upon receipt, to the extent possible in the ordinary course of business, and if a defect is found, making the vendor immediately. If the buyer the seller, the goods shall be deemed approved unless there is a defect which could not be detected in the study. In other respects, § § 377 et seq.
(2) The warranty claims are limited to subsequent performance. In the subsequent performance fails, the buyer has the right to demand either a reduction in price or rescission of the contract.
(3) Further claims of the buyer, unless they result from a guarantee, are excluded. This does not apply to intent, gross negligence or breach of contractual obligations by the seller.
(4) The statute of limitations one year after delivery of the goods and are excluded in the delivery of used goods.
§ 9 Liability
Damage claims by the buyer are excluded. This does not apply to intent, gross negligence, breach of contract or warranty of the seller take-overs