Legal notice

General terms and conditions

Retention of title:
As long as the goods or earlier deliveries are not fully paid, including the redemption of checks and bills taken from us in payment and collection of direct debit the expiry of the withdrawal period, we retain possession of the goods and the right of recovery against the customer and recipient. The customer is entitled to resell the goods in the ordinary course of business. If he makes use of this authorisation, he hereby assigns to us all claims arising from the resale against his customers or third parties in the amount of the final invoice amount (including value added tax). The customer is entitled to collect the claims even after the assignment. Our power to collect the claims ourselves remains unaffected. However, we undertake not to collect the assigned claims and not to disclose the assignment as long as the customer duly fulfils his payment obligations and does not default on payment. In this case, we can demand that the customer notify us of the assigned claims and their debtors, provide all information necessary for collection, hand over the related documents and notify the debtors (third parties) of the assignment. When invoicing via a customer commissioned headquarters, his debt is only then repaid when the payment has been received by us. Contracting party is in any case the customer. The customer has to notify us of any arrest or intended seizure.

Release of securities:
We undertake to release the securities to which we are entitled on request of the customer, insofar as their value exceeds the claims to be secured, insofar as these have not yet been settled, by more than 20%. If an item delivered under retention of title is indivisible and its value disproportionately exceeds the value of an earlier claim, we undertake to release title to the item upon request of the customer. 

Warranty:
The warranty rights of the customer require, in contract manufacturing as well, that the customer (as per §§ 377, 378 HGB) immediately inspects the goods and, if a defect shows, immediately notify us. If there is a defect for which we are responsible, we shall be entitled to substitute delivery in the case of defective own products, and to rectify the defect in the case of products of contract manufacturing. In the case of the elimination of the defect, we are obliged to bear all expenses, as far as these are not increased by the fact that the goods were moved to a place other than the place of performance. If the replacement delivery or the removal of defects fails, or if they are delayed beyond reasonable deadlines for reasons for which we are responsible, then the customer is entitled to demand cancellation of the contract (cancellation) or reduction of the purchase price/work wage (reduction).

Limitation of liability:
The liability for damages, for whatever legal reason, is limited to cases of intent and gross negligence. The restriction also applies to the actions of legal representatives and vicarious agents. However, the above limitation does not apply to damage resulting from injury to life, limb or health. It also does not apply to damages resulting from the breach of essential contractual obligations, which constitute the content of the performance relationship and whose fulfilment makes the execution of the contract possible (so-called cardinal obligations). In the latter case, however, damages are limited to typical and foreseeable damage.

Limitation of the obligation to pay:
We are released from our obligation to pay if and insofar as we cannot render the service owed due to force majeure or other impediments beyond our control. The customer shall not be entitled to any compensation in these cases unless it is a case of initial inability. In this case, our liability is limited to the foreseeable damage.

Payment:
Payment is due two weeks after receipt of the invoice net cash. At the end of this period, the customer is in default without further notice. The customer can only assert a right of retention, including the commercial right of retention under § 369 HGB, and only declare the set-off if his counterclaims are undisputed or legally binding.

Jurisdiction:
The place of fulfilment for the obligations of both parties as well as the place of jurisdiction (also for claims from check and bill of exchange) is Neuenkirchen. We can also sue at the general place of jurisdiction of the customer. 

Processing, compounds, mixing:
The processing or transformation of the delivery item by the customer is always carried out for us. If the delivery item is processed, combined or mixed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the value of the delivery item to the other items at the time of processing, combination or mixing. If the connection or mixing of the delivery item has taken place in such a way that the customer's item is to be regarded as the main item, it is already agreed that the customer assigns proportionate co-ownership to the item to us. The customer keeps the sole or co-ownership for us. The same applies to the thing resulting from processing, connection or mixing as for the reserved goods.

Consumer dispute resolution law
Information according to the law on alternative dispute resolution in consumer matters (Consumer Dispute Settlement Act – VSBG) of 19.02.2016, BGBl. I p. 254, 1039.
We hereby inform our customers that we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.