General Terms and Conditions (T&C)

1. Foreword

Our offer is aimed exclusively at commercial customers, i.e. entrepreneurs within the meaning of § 14 of the Civil Code, legal entities under public law or special funds under public law within the meaning of § 310 in conjunction with § 14 of the Civil Code. Our General Terms and Conditions apply to all of the services offered by us, in particular the sale of goods, planning services and installation.

Our General Terms and Conditions apply exclusively. We expressly reject the inclusion and validity of our customers’ general business relationships.

2. Contract Conclusion

All offers on our website are non-binding and merely represent an invitation to submit an offer. A contract only comes into effect when we confirm (accept) your order.

3. Prices and Terms of Payment

The prices we quote are net prices. In particular, the applicable VAT, packaging and shipping costs, transport insurance, customs duties and levies are not included.

Unless otherwise agreed, the purchase price must be paid within 14 calendar days after invoicing. Discount deductions are only permitted after a separate agreement. Default occurs, according to § 286 Para. 3 of the Civil Code, after 14 calendar days after receipt of the goods or service and the invoice.

In the event of late payment, we are entitled to the statutory default interest applicable at the time the contract was concluded and are entitled to assert other statutory claims after default.

4. Delivery and Shipping Conditions as well as Transfer of Risk

We reserve the right to send several individual products in partial deliveries for logistical reasons, even if they are all ordered together. If partial deliveries are dispatched, we also reserve the right to invoice these partial deliveries.

The decision on the manner of dispatch is at our own convenience, unless a separate agreement has been made in this regard. Specified delivery times and dates are generally non-binding; a fixed transaction only exists if the legal requirements for this are met, in particular, if it is recognisable to us at the time the contract is concluded that the provision of services at a certain point in time is an essential contractual requirement.

In the case of sales shipments, the risk of accidental loss and accidental deterioration of the purchased item is transferred when the item is handed over to a qualified transport company (§ 447 Civil Code).

5. Rights Arising from Product Defects

Defects must be reported immediately. Defects must be described as precisely as possible and any information relevant to their elimination, such as the system and hardware environment, must be communicated.

If defects occur, you must take reasonable precautions to secure your data and systems and ensure that any data with which we may come into contact in the event of an action to remedy the defect has been backed up externally.

You are only entitled to the statutory warranty rights.

6. Force Majeure

In the event of force majeure, we can demand that the contract be adjusted if, taking into account all the circumstances of the individual case, we cannot reasonably be expected to adhere to the unchanged contract. If an adjustment is not reasonable for you or us, we are entitled to withdraw from the contract without any claims for damages being derived from this. Force majeure, for the purpose of this contract, includes all events are unforeseeable for us or events that - even if they were foreseeable - are beyond our control and the impact of which on our obligation to perform cannot be prevented with reasonable means. These include war, war-like conditions, riots, blockades, embargoes, sabotage, executive decrees, epidemics or pandemics, destruction of our workshops, warehouses or production facilities, unforeseeable supply bottlenecks in raw materials or energy.

7. Reservation of Ownership

The delivered goods remain our property until full payment has been made and all other claims against you have been fulfilled.

8. Liability

We are liable only on the basis of intent and gross negligence. In the event of injury to life, body and health as well as a breach of a primary obligation (cardinal obligation), we are also liable for ordinary negligence. Our liability for property damage and financial loss is limited to typical foreseeable damage. Liability under the Product Liability Act remains unaffected.

9. Statute of Limitations

Claims expire according to the statutory provisions.

10. Offset Right and Right of Retention

You are only entitled to offset or retention if the counterclaim is undisputed, recognised by declaratory judgment or recognised by us.

11. Subsidiary Agreements and Written Form

There are no verbal ancillary agreements. Agreements may only be changed, cancelled or supplemented in writing. This also applies to changes to the written form requirement.

12. Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the United Nations Sales Convention (CISG; Limitation Convention)

If the contracting parties are merchants, legal entities under public law or special funds under public law, or if they do not have a general place of jurisdiction in the Federal Republic of Germany, Magdeburg is hereby agreed as the place of jurisdiction.