Terms and Conditions

Sale and Distribution

Unless otherwise agreed in writing, the following terms and conditions of sale and delivery apply as well as the latest version of the International Commercial Terms (Incoterms®).

1. Offers

Our offers are non-binding; unless we have confirmed their binding force in writing. Our prices do not include VAT.

2. Orders

Orders are only considered accepted with our written confirmation. If the content of the order confirmation differs from the order, the order confirmation applies; unless the buyer objects to the order confirmation immediately in writing. In the case of a purchase based on a sample or sample, the properties of the sample or sample as well as all other information on the goods are only considered typical of the goods in question.

3. Delivery dates

Delivery dates confirmed by us are subject to the proviso that we ourselves receive the goods properly and punctually from our suppliers. Force majeure of any kind and other disruptions beyond our control, in particular delivery and import bans ordered by the authorities, strikes and disruptions at production and transport companies, disasters, release us from compliance with confirmed delivery dates or from the delivery obligation, without the buyer having to do so there is a claim for damages against us. We undertake to notify the buyer of the occurrence of force majeure immediately upon becoming aware of it. Failure to comply with the agreed delivery dates entitles the buyer to withdraw from the contract due to default if he has previously given us a grace period of at least 2 weeks without success under threat of refusal.

4. Transfer of risk

The delivery is deemed to have been effected when the goods are handed over to the carrier. The risk of accidental deterioration and loss of the goods is transferred to the buyer. Transport insurance is only taken out at the express request of the buyer on behalf of and at the buyer's expense.

5. Complaints, contents

Volume deviations customary in the trade, upwards or downwards, do not require the prior consent of the buyer. Complaints must be reported to us in writing immediately after the damage has been ascertained, at the latest within 7 days after the goods have arrived at the destination, unless the defect is not recognizable. Rejected goods are to be kept ready for inspection by us or by our representatives in the condition in which they were at the time the defects were discovered. We will remedy justified defects at our option by means of a price reduction, exchange or return of the goods. Our liability for damage from the delivery of defective goods or for incorrect delivery is limited to the amount of the reduced value or the purchase price of the part of the delivery complained about. Further claims of any kind against us, in particular for compensation, including consequential damage, are excluded. We buy and deliver according to the quality and salary information provided by our suppliers.

6. Payment

Expenses and costs of the payment process are borne by the buyer. We only accept payments by check if this type of payment has been agreed. For payments by check, the day of payment is the credit note from our banks. We are not responsible for any loss of the check in transit. In the event of default in payment, we will charge default interest at the usual bank rate. Complaints do not entitle to full or partial non-payment within the agreed payment period. If a significant deterioration in the buyer's financial circumstances becomes known and / or if he is in default of payment, we are entitled to demand immediate payment of all open invoices, including those that are not yet due, and we are only entitled to make further deliveries against prepayment.

7. Retention of Title

We only deliver subject to retention of title until all of our claims have been paid in full. The buyer undertakes to grant us or those commissioned by us access to the goods subject to our retention of title at any time. If the buyer is in default with the fulfillment of his obligations, we are entitled to dispose of the goods subject to our retention of title. The buyer has no claim against us for transport, storage or other costs incurred for these goods. As long as the buyer fulfills his obligations towards us as agreed, he is entitled to further process and sell the reserved goods in the normal and orderly course of business, but only with the following stipulation: If the buyer sells the goods delivered by us or the goods are sold to a third party delivered - regardless of the condition - the buyer hereby resigns until the complete settlement of all our claims from these deliveries of goods, the claims arising from the sale against his customers with all ancillary rights including the damages resulting from this legal transaction of the resale or the installation -claims in the amount of the invoice value of our deliveries to us without the need for a special declaration of assignment in individual cases.

We can request a written assignment at any time. The buyer is only authorized to collect the assigned claims on our behalf as long as he meets his payment obligations to us.

8. Place of performance

The place of performance for our deliveries is the respective place of loading; The place of performance for the purchaser's services is our company headquarters.

9. Place of jurisdiction

The place of jurisdiction is Rostock. German law applies.