Conditions of Use

I. General Provisions

1.We deliver solely on the basis of the following delivery and payment conditions. Any business and purchasing conditions of the buyer are expressly rejected. They will only bind the supplier if an express agreement is made with you.

2. Verbal agreements made through our sales representatives/agents require our written confirmation to be valid.

3. With regards the quality of our product we refer to the final description in our catalogue.


II. Price & payment terms


1. Our prices are stated ex works and do not include the Value-Added Tax.
Freight has to be paid by the customer. Packaging material charges will be calculated according to the effort and must be paid by the customer.

2. We grant you a 2 % cash discount on the value of the goods when payment is made by cash before delivery. (not by payment with “paypal”)

3. The buyer is not entitled to a right of retention.

4. Payment demands are immediately payable. In the event of default we are entitled to claim interest at the rate of 8% above the base interest rate, and, in the case of a debit interest we must pay to our bank, this interest will also be charged.

5. Regardless of the terms of payment of any accepted and credited bills, all our claims shall be immediately due if payment terms are not complied with, or if we obtain knowledge of circumstances of the reduced creditworthiness of the buyer.
Further, in the case of outstanding deliveries we are entitled to advance payment or a surety to be executed and after the lapse of a reasonable period of time to withdraw from the contract and/or to claim for loss & damage for delayed payment. We can furthermore forbid the resale of the goods under retention of title, require the return or transfer of the goods at the cost of the buyer and revoke a collection authorization.

III. Retention of Title


1. We retain title to all goods delivered until all our claims are met, also when payments for specifically designated claims are made by the buyer.


2. The buyer is obliged to sell the goods subject to Retention of Title in the ordinary course of his business under his normal trading conditions and as long as he is not in default. The buyer is only permitted to resell the goods subject to retention of Title providing that all monies from the resale are transferred to us in accordance with clauses 3-5 below. The buyer is not entitled to dispose of the goods in any other way.

3. The buyer assigns to the seller his monies from the resale of the goods regardless of the fact whether the goods are sold to one or several buyers. The securities may also be partly free insofar as the buyer’s total sale value of the sum of all existing claims exceeds more than 20%.

4. The buyer is entitled to collect payment from the resale of the goods until we exercise our rights of revocation at any time. We will only exercise our right of withdrawal in the specified cases in clause ll. 5. Insofar as our claims are due the buyer is obliged to immediately forward the collected amounts to us. The buyer shall under no circumstances be entitled to a further assignment of the monies.


5. The buyer is obliged, at our request, – insofar as we have not informed his customers ourselves – to immediately make known to his customers the assignment to us and provide to us the necessary information and documentation notifying of the collection of the assigned receivables.



6.    The buyer is obliged to notify us immediately of any pledging or attachment by third parties to the goods, or other events which effect our rights of ownership
Should the buyer not observe the time limit for payment , or violates/defies other contractual terms, or it becomes known to us that it is likely that the creditworthiness of the buyer is reduced, then we are entitled to; forbid the resale of the goods subject to a Retention of Title; demand their return; or to put us in indirect possession at the expense of the buyer, to revoke the collection authorization and/or demand the recovered amounts from the buyer; or, in the case of where the goods have already been on sold, and either partially or not fully yet paid for, to demand payment directly from the customer of the buyer


7.        Where the buyer fails to fulfill his contractual duties particularly in the case of default of payment, we are entitled to withdraw from the contract and the buyer must surrender/return the goods to us. Our recovery of the goods or claim of Retention of Title shall not imply withdrawal from the contract; these actions or any pledging of the goods by us does not constitute termination of the contract, unless we have expressly declared this.
As against our claim of rights to the goods, a Retention of Title cannot be claimed.
The buyer hereby declares his consent to allow a collection agent or agency to enter the property where the goods are stored for the purpose of reclaiming them.


IV. Delivery time

1.    The delivery period begins on the day of our order confirmation, but not before full clarification of all details is made.


2. The agreed delivery period is extended in the period the buyer is in default with it’s obligations from this or other transactions, notwithstanding our rights under default of the buyer. This also applies when there is a fixed, agreed delivery date.


3. In the case that we are in default - in so far as the law provides - the buyer must give us an appropriate extension period for delivery. When such a period of time lapses the buyer can withdraw from the contract, if he had no advice during that time period that the goods were ready for shipment.


4. In the case of Force Majeure we are entitled to; postpone the delivery during the disruption plus have a reasonable amount of lead time for re-delivery, or to withdraw from the unfulfilled part of the contract. Strike, lockout and similar circumstances that complicate or make the delivery impossible shall be deemed equivalent to Force Majeure regardless of whether this happens to us or another sub-supplier. The buyer can then request us to declare whether we intend to withdraw or to deliver within an appropriate period of time. Should we not make such a declaration of delivery then the buyer is entitled to withdraw.


V. Inspection & Testing


1.    Risk passes to the buyer on the handing over of the goods for delivery from the seller’s place of business

­­­­2. We are only obliged to insure the goods during transport upon the Buyer’s express stipulation. The buyer pays these costs.






VI. Liability for material and other defects


1. In the case of obvious defects the buyer has immediately after receipt of the goods at his designated address to inform us in writing. Complaints will only be considered when the goods are in the same condition as upon delivery. Damages in transit are to be announced immediately directly by / after the reception of the product to the carrier and to note in writing.
By uncomplained acquisition of goods and packaging by the carrier flawless delivery is valid as proved.

2. Goods the subject of a complaint may only be sent back with our express consent. Freight costs must be submitted by the buyer. A refund will take place only in the case of a justified complaint.

3. All parts or services where a Defect becomes apparent within the limitation period shall, at the discretion of the Supplier, be repaired, replaced or provided again free of charge.

5. Claimes based on defects are subject to a limitation period of 12 months.

6. Guarantees will only be undertaken by express and special agreement. Reference to DIN Standards only serves to describe the goods and does not constitute a guarantee.

7. Legal rights of recourse on the part of the buyer as against the user will only exist to the extent that the buyer has not made any agreements with his customers which go beyond the statutory entitlements for defect.

8. Claims for damages on the part of the buyer, irrespective of their legal ground, especially claims in Contract and Tort, shall be excluded. This shall not apply insofar as, for example, claims under the German Product Liability Act in the cases of willful intent, gross negligence, or due to injury to life, body or health or to a breach of essential contractual obligations.

Compensatory damages for breach of essential contractual obligations shall be limited to typical and foreseeable damage, insofar as it is not based upon willful intention, gross negligence or liability arising from loss or harm to life, body or health.

VII. Place of performance and Jurisdiction

The place of performance for both contractual parties is Nürnberg.
The place of Jurisdiction, also for proceedings concerning bills of exchange and cheques is  Nürnberg

VIII. Final Provisions


1. German Law applies, also to deliveries abroad. The validity of the UN Convention on Contracts for the International Sale of Goods is waived.

2. If our goods are exported by our customer in an area outside of the German Republic we accept no liability for the infringement of third party property (ie: trade mark) rights. The buyer is liable in damages for any loss caused by the export of goods for which we have not expressly delivered for export.