General Terms and Conditions with Customer Information
1 Applicability of our conditions
1.1 The following conditions apply to the contractual relationship unless otherwise agreed in writing. Deviating or additional conditions of our contracting party only apply if we have expressly acknowledged them in writing. They do not obligate us, even if we do not expressly object or partially or completely accept the ordered service or make payment. By providing services for the first time under these conditions, our contracting party also acknowledges them as exclusively legally binding for all further contractual relationships.
1.2 An extended or prolonged retention of title is not recognized.
2 Offer and order placement
2.1 Offers are free of charge and non-binding for us.
2.2 Only orders placed in writing are binding for us. Oral agreements require our subsequent written confirmation. This also applies to ancillary agreements and contract amendments.
2.3 Each order must be confirmed by the contractor immediately, but no later than within one week after receipt of our order. After this deadline, we are entitled to revoke the order. After this point in time, no conditions deviating from our order will be recognized.
2.4 We are entitled at any time, for services not yet or not fully rendered, to request changes regarding design, delivery, delivery time, and place of performance.
3.1 If the contractor fails to deliver at the agreed time due to its own fault, it will be in default. In this case, we are entitled, at our option, to demand subsequent delivery and compensation for delayed damages or damages for non-performance or to withdraw from the contract. As compensation for delay, we may demand 0.5% per full week of delay, but not exceeding 5% of the total value of the delivery. The contractor is entitled to prove that no damage has occurred at all or that it is significantly lower than the lump sum. Further claims remain unaffected.
3.2 Clause 3.1 also applies in the event of a delay in partial performance. Partial deliveries are only permitted with our approval.
3.3 Acceptance of the delayed performance does not constitute a waiver of claims for compensation.
3.4 As soon as the contractor becomes aware of circumstances that may cause a delay in delivery, this must be immediately communicated to us. If shipments have to be expedited due to the contractor’s fault, the additional costs incurred shall be borne by the contractor.
3.5 The risk passes to us when the delivery has been properly handed over and accepted at the place of performance.
4 Prices and Payment
4.1 The prices stated in the order are fixed prices.
4.2 Unless otherwise agreed, the prices apply to deliveries free of freight to the delivery address, including packaging. Return of the packaging will only take place if specifically agreed. If kilogram prices are agreed, the official weight determined by the railway or by us applies for calculation.
4.3 Payment is made 14 days after receipt of verifiably invoiced goods or performance with a 3% discount, or after 30 days with a 2% discount, or 60 days after invoicing without any discount. Services rendered and accepted before the agreed date are only considered received at that time.
4.4 Liability for defects entitles us to withhold payment until proper rectification of defects.
4.5 The assignment of claims against us and the transfer of collection of claims against us require our prior consent. We are entitled to set off against our own claims, even if they are disputed, regardless of the legal grounds.
A shipping notification must be sent to our purchasing department no later than the day of dispatch. Invoices as well as delivery notes and packing slips accompanying the shipment do not serve as shipping notifications. The order number, date, and receiving location must