General Terms & Conditions
Terms and Conditions of Delivery and Payment, As of: 01/01/2019
1. Offer and Conclusion of Contract
1.1 Offers are always made, unless limited, without obligation and subject to confirmation. Orders require our written confirmation to be legally valid, and its content is decisive for the contractual relationship. Telephone and verbal agreements, side agreements, as well as arrangements with representatives only become legally valid when confirmed in writing.
1.2 Any terms and conditions of purchase, delivery, and payment signed by the buyer are deemed rejected and excluded if they do not correspond with the above conditions and the content of the order confirmation.
1.3 If circumstances affecting the creditworthiness or solvency of the buyer become known to us after the conclusion of the contract, or if the financial circumstances of the buyer deteriorate significantly, we are entitled to demand immediate payment of all, including non-due, claims or the return of delivered goods (without constituting withdrawal) at the expense of the buyer. Additionally, for the remaining undelivered goods, we may, at our discretion, request advance payment or security. In such a case, we may also withdraw from the contract without the need for a grace period. In this case, the buyer has no claim for damages. Our right to immediate payment, without regard to any agreed-upon payment dates, remains in effect, regardless of whether bills are in circulation for the payment of the goods, the maturity of which has not yet occurred.
1.4 Any errors made in the offer, order acceptance, order confirmation, or invoicing, especially errors in pricing, calculation, due to incorrect addition, entitle us to either rescind or withdraw from the contract at our discretion.
1.5 In order to ensure effective processing of defective devices, no cost estimates will be provided for repairs under EUR 50.- net. These devices will be promptly repaired and dispatched with an invoice.
2. Prices and Payment Conditions
2.1 Prices are in Euro, ex works Steinenbronn, excluding packaging, and are subject to change on the day of delivery.
2.2 We decide whether our invoices are payable in advance, with a 2% discount within 10 days of the invoice date, or net within 30 days. Payment by handing over bills of exchange, checks, or other payment promises is considered complete only upon redemption. All related costs and discount charges are borne by the buyer. We reserve the right to decide, in exceptional cases, whether bills of exchange are accepted, in each individual case. Claims for damages due to late presentation or protest of bills of exchange against us are excluded.
2.3 If the payment deadline for any invoice is exceeded, all outstanding, including non-due, invoices become due, including current bills of exchange or deferred amounts, without the need for a reminder. In this case, without the need for a reminder, we are entitled to demand customary bank interest and the reimbursement of any incurred costs. The same applies in every case of delayed payment, default, or deferment.
2.4 Payment default may result in delivery delay. In this case, we reserve the right to refuse further contract fulfillment and demand damages for non-fulfillment.
2.5 The buyer is not entitled to withhold payments or set off against any claims not recognized by us due to complaints or counterclaims.
2.6 In our shop, you generally have the following payment options available: Advance payment by bank transfer, payment via PayPal, PayPal (Pay Later), Cash payment upon pickup.
3. Delivery
3.1 The delivery period starts from the day of written agreement on the order between the buyer and us; it is considered met when the relevant shipment has left our factory. Compliance with the delivery period requires the correct and timely self-delivery as well as the fulfillment of the buyer's contractual obligations.
3.2 All shipments travel at the buyer's expense and risk. Insurance is only provided upon explicit request and at the buyer's expense. If the dispatch or delivery of the goods is delayed at the buyer's request, the risk passes to the buyer from the day of readiness for dispatch.
3.3 Delivery time statements are made to the best of our knowledge but without any commitment. The buyer has no right to withdraw from the contract, even in case of delivery delays or claims for damages due to delay. Events of force majeure and unforeseen circumstances at our own plant or with subcontractors, beyond our control and making the timely execution of accepted orders impossible, entitle us, excluding any claims for damages from the buyer, to withdraw from the contract or postpone delivery for the duration of the hindrance.
3.4 In all other cases where the delivery becomes definitively impossible before the transfer of risk, even if we are responsible for the impossibility of performance, the buyer may withdraw from the contract without a grace period. In this case, the buyer has no claim for damages.
3.5 We generally deliver ex works. The minimum order value is EUR 100.-.
3.6 Billing is based on the prices valid on the day of delivery.
4. Warranty Terms
4.1 Until the buyer fulfills their payment obligations, we are not obligated to provide warranty. Our liability is voided by any alterations or repairs carried out improperly by the buyer or third parties. The delivered goods must be examined upon arrival. Apparent defects and complaints about defective or incomplete delivery must be reported in writing immediately, but no later than 8 days after receipt of the goods. If the buyer fails to make a written complaint, it is deemed approved.
4.2 For defects attributable to us and the absence of guaranteed characteristics of the goods, our liability is exclusively as follows:
a) All parts that become unusable or whose usability would be significantly impaired within 1 year (within six months for day and night operation) from the day of the transfer of risk due to circumstances preceding the transfer of risk, especially due to faulty design, poor materials, or defective execution, will be repaired or replaced free of charge at our discretion. The discovery of such defects must be reported to us immediately in writing. Replaced parts become our property. The buyer must grant us the necessary time and opportunity to make all changes and provide spare parts. If the buyer refuses this, we are released from liability for defects. Liability for defects does not cover natural wear and tear and damages resulting from improper or negligent handling, excessive use, unsuitable operating equipment, or chemical, electrochemical, or electrical influences occurring without the fault of the supplier.
b) In the case of deliveries of third-party products, only the conditions agreed with our supplier or subcontractor apply concerning liability for defects. Our liability ceases with the assignment of these claims to the buyer.
c) If, despite rectification or replacement according to a), the defect is not remedied, and the delivered goods are unsuitable for their intended purpose due to the defect, the buyer has