Shipping and payment terms

§ 3 PRICES - TERMS OF PAYMENT 

(1) Unless otherwise stated in our order confirmation, our prices are to be understood "ex works".     

(2) The prices quoted do not include value-added tax; this will be shown separately on the invoice at the statutory rate on the day of invoicing.                                                                                               

(3) Any deduction of a discount requires a special written agreement.                                                   

(4) Unless otherwise stated in the order confirmation, the net purchase price (without deduction) is due for payment within 14 days of the invoice date. The legal regulations concerning the consequences of default of payment shall apply.                                                                                                               

(5) If it has been agreed that delivery is to take place more than four months after conclusion of the contract, we shall be entitled to demand negotiations to redefine the price in case of price increases by our suppliers or unexpected increases in wage and transport costs.We shall be bound by the agreed price for the agreed delivery period, but at least for a period of four months.                                         

(6) If we can demand compensation from the customer for non-fulfilment of the contract, this shall amount to 15% of the purchase price. The amount of damages shall be set lower or higher if and to the extent that the customer proves a lower damage or we prove a higher damage.                                 

(7) The customer shall only be entitled to set-off, if his counterclaims have been legally established, acknowledged by us or are undisputed. The same applies to the exercise of a right of retention, whereas the counterclaim must be based on the same contractual relationship.                                   

(8) In all other respects, the terms of payment regulated in the online shop are to be observed, unless other arrangements have been agreed with the customer. This also applies with regard to the costs of packaging and/or any transport insurance requested by the Customer.

§4 DELIVERY TIME - DELIVERY 
(1) The beginning of the delivery times stated in the online shop or, if applicable, agreed upon differently, requires the prior clarification of all commercial and technical details and questions relevant to production and delivery. In doing so, the mutual legitimate interest of both parties in a proper and qualified contract, production and delivery processing shall be taken into account appropriately.         

(2) Compliance with our delivery obligation is also subject to the timely and proper fulfilment of the customer's cooperation obligations required for proper production and delivery.                                   

(3) If the customer is in default of acceptance and/or culpably violates his aforementioned obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any necessary, proportionate additional expenditure. Further claims or rights remain unaffected and reserved.                                                                                                                         

(4) The delivery period shall be extended appropriately in the event of lawful industrial disputes, in particular strikes and lockdowns, as well as in the event of unforeseeable force majeure, if and insofar such events have a demonstrably causal influence on the production and/or delivery of the sold product.                                                                                                                                                   

(5) In the cases of the aforementioned paragraph (3), the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay. Otherwise, the risk of accidental loss or accidental deterioration of the products shall pass to the customer upon delivery to the customer, in the case of mail order purchases upon delivery of the products to the forwarding agent or carrier, but at the latest upon leaving the warehouse or factory. This also applies if partial deliveries are made. Partial deliveries are permissible.                                                                                                                       

(6) We shall be liable in accordance with the statutory provisions applicable in this respect insofar as the underlying purchase contract is a firm deal according to § 286 Para. 2 No. 4 Civil German Code or § 376 German Commercial Code. We shall also be liable in accordance with the statutory provisions if, as a consequence of a delay in delivery for which we are responsible, the customer is entitled to claim that an interest in the further performance of the contract has ceased to exist.                                     

(7) We shall also be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; any fault on the part of our representatives or assisting agents shall be attributed to us. If the delay in delivery is due to a slightly negligent breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, direct average damage typical of the contract. We shall not be liable for slightly negligent breach of insignificant contractual obligations.                                                           

(8) The above limitations of liability do not affect the customer's claims arising from product liability and do not apply to damage to body, health or life attributable to us.                                                           

(9) The limitation period in the event of a delivery recourse according to §§ 445a, 445b, 478 Civil German Code remains unaffected; it is a maximum of five years, calculated from the delivery of the defective item.