The following GTCs apply exclusively to all our deliveries and other services. Our GTCs also apply if we carry out the delivery or service without reservation despite being aware of conflicting or deviating conditions of the customer; such conflicting or deviating conditions are only binding on us if we have expressly agreed to their validity in writing, in text form or by email.
Without exception, our deliveries are subject to retention of title. Ownership of the goods delivered by us (hereinafter: reserved goods) shall not pass to the customer until he has fulfilled all his obligations arising from the business relationship.
The customer may only combine or mix goods subject to retention of title with other items, process or sell them in the ordinary course of business. In particular, he may not pledge such goods or assign them as security.
If goods subject to retention of title are inseparably mixed or blended with other items or combined with another item (main item) in such a way that they become its essential component, it is agreed that co-ownership of the entire quantity or the main item shall pass to us in the ratio of the invoice value of the goods subject to retention of title to the value of the other items or the main item at the time of mixing or blending. The entire quantity or the main item shall be stored by the customer for us free of charge with the customary care.
The processing of goods subject to retention of title shall always be carried out for us without any liabilities arising for us. If goods subject to retention of title from other suppliers are processed at the same time, the above paragraph shall apply accordingly.
If goods subject to retention of title become the subject of a purchase contract, contract for work and services or other contract between the customer and a third party, on the basis of which the third party is to acquire ownership of the goods, the customer hereby assigns his claims to consideration in the amount of the purchase price of the goods subject to retention of title plus a flat-rate surcharge of 15% for interest and costs. We hereby accept this assignment. The customer may not agree a prohibition of assignment with his contractual partner and, for his part, may only deliver subject to retention of title; on request, he must name his contractual partner to us and provide or hand over the information and documents required to pursue our rights. The customer shall be authorized to collect the assigned claim without prejudice to our authority to collect the claim ourselves; we ourselves shall only collect the claim if the customer is in default of payment or financial collapse - application for the opening of insolvency proceedings, suspension of payments.
The customer must inform us immediately of any seizure or other access to goods subject to retention of title, if necessary by sending us a copy of the seizure protocol.
If the value of our securities exceeds the total amount of our claims by more than 20%, we shall release securities of our choice at the customer's request.
The customer must maintain secrecy about our know-how and our business secrets of which he becomes aware in connection with the execution of the order. He must take all reasonable precautions to ensure that our know-how and our business secrets are not infringed and are only used in connection with the order and the subsequent use of the goods in accordance with the order.
The customer shall bear the burden of proof that our know-how and our trade secrets were already known to the customer beforehand or that they were in the public domain.
The customer shall be responsible for ensuring that the manufacture or sale of goods which we produce according to his drawings, illustrations and other specifications does not infringe any third-party industrial property rights and shall indemnify us against any third-party claims arising from infringements of industrial property rights; research into industrial property rights shall be the sole responsibility of the customer. Our responsibility under industrial property law for our manufacturing process remains unaffected. Claims by the customer are also excluded if the infringement of property rights or copyrights is caused by an application or copyright infringement not foreseeable by us or by the fact that the delivery is modified by the customer or used together with products not supplied by us.
The place of performance for all obligations arising from the respective contract, including the payment obligation, is our registered office.
The place of jurisdiction is our registered office. This shall also apply if either the customer has moved his domicile or habitual residence abroad after conclusion of the contract or his domicile or habitual residence is not known at the time the action is filed. In any case, we are also entitled to sue the customer at his place of residence or business.
The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
Wir setzen automatisiert nur technisch notwendige Cookies, deren Daten von uns nicht weitergegeben werden und ausschließlich zur Bereitstellung der Funktionalität dieser Seite dienen.
Außerdem verwenden wir Cookies, die Ihr Verhalten beim Besuch der Webseiten messen, um das Interesse unserer Besucher besser kennen zu lernen. Wir erheben dabei nur pseudonyme Daten, eine Identifikation Ihrer Person erfolgt nicht.
Weitere Informationen finden Sie in unserer Privacy policy.