Terms and Conditions
1.0 Scope of Application
These sales and delivery conditions apply to all
deliveries, services, and offers.
2.0 Offers and Conclusion of Contracts
2.1 The purchaser is bound by their order for 30 days, starting from
the date of order placement. The purchase agreement
only comes into effect upon our order confirmation or delivery.
2.2 If the purchaser withdraws from the purchase agreement
without valid reason, we are entitled to demand a lump sum
compensation equal to 10% of the contract value for the damages
incurred. This lump sum may be higher or lower if we can
prove higher damages or the buyer can prove lower damages.
3.1 Our sales prices apply to the territory of the Federal Republic
of Germany, the European Union, Asia, and the USA, and
do not include packaging, shipping, and
3.2 The applicable value-added tax at the time of contract
conclusion will be charged additionally.
3.3 In case of delivery times exceeding 4 months, we reserve
the right to calculate the prices valid on the day of delivery,
including the value-added tax applicable at that time.
4.0 Shipping, Transfer of Risk
The beginning of the delivery time assumes the clarification of all technical issues.
The shipment is made at the expense and risk of the buyer. The risk
passes to the buyer at the latest with the dispatch of the goods.
The shipping method is at our discretion.
To preserve any claims against the transport insurer,
damages and losses must be reported to us immediately
upon delivery of the shipments, including a damage report from the transport company.
Delivery times will be adhered to as far as possible. Influences
beyond our control shall reasonably extend the delivery time,
such as force majeure, operational disruptions, both in our own operations and in
external operations on which production and transport depend.
5.1 Invoices for services, including spare parts,
and consumables, are to be paid immediately and without deduction.
5.2 Other invoices are to be paid within 8 days with a 2% discount,
or within 30 days from the invoice date without deduction,
unless otherwise agreed.
5.3 Invoice amounts are to be transferred in full.
Costs for transfers via banks, post offices, or similar
institutions are to be borne by the buyer.
5.4 After prior notice, we are entitled to charge default interest
for overdue invoice amounts.
5.5 The buyer can only offset claims that are undisputed or legally binding.
5.6 Within the specified delivery periods, we are entitled to make partial deliveries
and corresponding partial invoices.
6.1 For new devices, we provide a warranty of 12 months
from delivery for all material and manufacturing defects.
The warranty covers free rectification
or replacement part delivery, provided that:
a) we or one of our authorized customer services
are notified of an obvious defect within 8 days of its occurrence;
b) the defect is not caused by external damage, improper
handling, or improper repair attempts.
Wear parts such as cables, connectors, etc.
are excluded from the warranty.
7.0 Retention of Title and Responsibility
7.1 The goods remain our property until all
claims against the buyer arising from the business relationship
Pledging, transfer by way of security, and
resale are prohibited before that. The buyer bears any costs of interventions.
To the extent that it is part of the proper business dealings of the
buyer, they are entitled to resell the goods.
In this case, they assign their claim from the
resale transaction to us as security. This
security will be released by us if and to the extent that it
exceeds our entire claims against the buyer by
more than 20%.
7.2 We are not responsible for whom and for what purpose
the goods are resold by our buyers.
10. Jurisdiction and Place of Performance
10.1 The contract is subject to the laws of the Federal Republic of Germany.
The place of jurisdiction for business transactions with merchants
10.2 The place of performance for payment and delivery is Cologne.
11. Data Protection
All customer data necessary for order processing
is stored in our IT system.
Changes or additions to these sales and delivery
conditions require written form. Oral side agreements
are not valid.