Terms & Conditions

1. General
1.1 scope
These General Terms and Conditions apply in the version valid at the time the contract is concluded for all business relationships between us and you. Should you use conflicting General Terms and Conditions, these are hereby expressly rejected.

1.2 Contractual agreement
The contract language is German. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

1.3 Our offers
The lists, images, drawings and other data included in the offer were carefully prepared by us, but do not represent a guarantee or assurance. A guarantee or assurance must be agreed with us separately. You are only permitted to pass on orders in connection with your order after consultation and approval from us.

1.4 contract
The contract is concluded individually through offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an inquiry and receive a binding offer from us, which you can then accept within the period specified in the offer. The contract is concluded upon acceptance. We do not store the contract text separately; instead, the contract content arises individually from the agreement made.

1.5 Rights of Use and Copyright
We have the exclusive right of use and copyright to drawings, illustrations, sketches, price lists, models, devices and other documents that we have created or that you receive from us. These may not be made available to third parties without our consent and must be returned to us immediately upon request. Reproduction of our goods or works is only permitted with our consent.

1.6 Procedure
After the contract has been concluded, you must provide us with all the data and information that is relevant to you, which further specifies your order and is included in the agreed range of services or cost estimate. We will record verbal information in text form and send it to you for confirmation. If we determine that your wishes are no longer covered by a cost estimate, we will prepare a new cost estimate for you. If you do not accept this, however, we reserve the right to withdraw from the contract.

1.7 Your information
We always carry out your order according to your instructions and do not check it for your specific application requirements. Before carrying out the order, you must inform us of or send us all information that may be necessary for your order (e.g. all relevant data and sketches), otherwise we cannot begin our service. We are not responsible for delays that are due to a failure on your part. In this case, we reserve the right to claim the damages or additional costs incurred as a result of the delay. If you wish the documents you have given us to be returned, you must inform us of this in advance. If you do not inform us accordingly, we reserve the right to destroy or delete them.

2. Performance and Delivery
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. However, in the case of partial deliveries, you will not incur any additional shipping costs.

2.2 Delivery and service delays
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a hedging transaction to that effect), entitle us to postpone delivery for the duration of the hindering event.

2.3 Exclusion of delivery
PO box addresses will not be delivered.

2.4 Default in acceptance
If you are late in accepting the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and claim damages for delay or non-performance. During the delay in acceptance, you bear the risk of accidental loss or accidental deterioration.

2.5 Delivery and performance time
Our delivery or service times are agreed with you individually. If your cooperation is required or agreed for our delivery or service, the delivery or service time will be extended by the time you have not fulfilled this obligation. If you wish to make changes or additions after the scheduling, the agreed deadlines/dates can no longer be met.

Please also note that our delivery times depend heavily on the delivery times of our partners and that delivery times may therefore be longer. Of course, we always endeavor to send you the goods as quickly as possible.

Unless expressly agreed otherwise, we will deliver/provide the service within 7 days. The start of the delivery/service period is the day after the payment order is issued to the transferring bank in the case of advance payment, or the day after the contract is concluded in the case of cash on delivery or purchase on account. The period ends on the seventh day thereafter. If the last day of the period falls on a Saturday, Sunday or a state-recognized public holiday at the place of delivery/service, the period ends on the next working day.

2.6 Early termination
If you wish to terminate your order early, we reserve the right to invoice you for the services already provided or for wasted expenditure, but at least 20% of the order value. You are not entitled to have our work completed. You have the option of proving that we have suffered no or less damage.

2.7 Storage costs
If the dispatch or delivery of the goods is delayed at your request, we reserve the right to charge you for the resulting costs (in particular storage costs).

2.8 Requests for changes and extensions
Unless otherwise agreed or booked, requests for changes and extensions will only be carried out if they are necessary to achieve the purpose of the contract. However, at the express request of the customer, requests for changes and extensions can be carried out by us separately. This is then subject to separate payment. The review of the feasibility of the requests for changes and extensions is also subject to payment.

3. Payment
3.1 Price and payment terms
The exact price and payment terms will be agreed with you individually (e.g. down payment). All prices are exclusive of VAT and, unless otherwise agreed, ex works excluding packaging, loading, freight, customs, transport and warehouse insurance.

Unless otherwise agreed, our invoices are payable in cash without deduction within 30 days of the invoice being issued. If payment is made within 14 days of the invoice being issued, a discount of 2% of the net invoice amount will be granted.

If you are exempt from VAT, you must provide us with appropriate proof. We also reserve the right to request advance payments or security if we have doubts about your ability to pay (e.g. if you are already in arrears). If you do not comply with a corresponding request for advance payment or security, we are entitled to withdraw from the contract after setting a reasonable deadline.

3.2 Late Payment
Payment default occurs without a reminder after 30 days from the invoice date. In the event of payment default, interest will be charged at a rate of 9 percentage points above the European Central Bank's base interest rate. If you are in arrears with your payments, we reserve the right to charge reminder fees of EUR 2,50. The right to claim further damages remains unchallenged. You have the option of proving that we have suffered no or less damage.

In the event of late payment, we reserve the right to stop our work until you have fulfilled your payment obligation. We will invoice you for any additional costs incurred.
In addition, in the event of late payment, we are entitled to demand immediate payment of all other payment obligations you have towards us and, in the case of payment in installments, also the full price.

3.3 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

3.4 Cost estimates
Our cost estimates are non-binding. If it is foreseeable that the actual costs will exceed the prices we have quoted in writing by more than 15%, we will inform you of the higher costs. The cost overrun is deemed to have been approved by you if you do not object in writing within three working days of this notification. If the cost overrun is up to 15%, separate notification is not necessary.

3.5 Advance payment and/or partial billing
We reserve the right to request advance payment and/or partial invoices for extensive work. This applies in particular if we use the services of third parties to fulfil the contract.

3.6 Transport and packaging
The weight and dimensions specified by us are decisive for calculating the transport costs. The choice of shipping method is left to us unless otherwise agreed. Packaging material, if provided by us, will be charged at cost price and will not be taken back. Rental fees will be charged for pallets.

Copper surcharges are calculated as follows for DEL quotes of over 230 euros per 100 kg:

from 231 – 280 = 2% from 331-380-4%
from 281 – 330 – 3% from 381-430 = 5%

The percentage to be taken into account depends on the DEL quotation valid on the day the contract is concluded.

If our remuneration includes the use/provision of tools, manufactured models and special designs, etc., payment does not grant you any ownership or usage rights to these.

4. Your responsibility
4.1 General
You are solely responsible for the content and accuracy of the data and information you transmit. You also undertake not to transmit any data whose content violates the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with the copyright regulations.

4.2 Exemption
You will indemnify us against all claims made against us by third parties due to such violations. This also includes reimbursement of the costs of necessary legal representation.

4.3 Data backup
You are jointly responsible for securing the information you send. We cannot be held responsible for the loss of your sent information, as we do not provide a general data backup guarantee.

4.4 Legal advice and review
We would like to point out that legal advice or an examination of your order is not part of our service and you must commission a specialist for this

4.5 Access and requirements at the site
If we have to carry out work on site or if this is included in the booked service, you must ensure that we are granted access to the respective premises or that a corresponding key is handed over. You must also ensure that there is an adequate power supply in the premises. You are responsible for any delays caused by your failure to cooperate.

4.6 notes
You must always follow any instructions/notes provided regarding cleaning, storage and handling of the goods/works. We cannot therefore be held responsible for your incorrect behavior.

4.7 Confidentiality
You are obliged to keep secret all business and trade secrets and information designated as confidential that we communicate to you and/or that become known to you during the execution of the contract.

4.8 Consultations
Any advice we provide about the functionality and suitability of the goods/works for your intended purpose is provided only as assistance and is not to be understood as a guarantee. You are responsible for obtaining comprehensive information about functionality and suitability and, if necessary, obtaining information from third parties.

5. Reference right
We reserve the right to name you as a reference and to take photographs of the work we produce and to use these as references in brochures, leaflets and on our website. You have the right to object to this.

6. Retention of Title
6.1 General
The goods, works and materials supplied by us remain our property until all current and future claims arising from the business relationship have been fully settled. You assign to us any claim or compensation that you receive for damage, destruction or loss of these items. Unless otherwise agreed below, you are not entitled to sell, give away, pledge or transfer as security the items supplied to you under retention of title.

6.2 Attachment and other impairments
If the item subject to retention of title is seized or otherwise compromised by third parties, you must notify us immediately so that a lawsuit can be filed in accordance with Section 771 of the Code of Civil Procedure. If the third party is unable to reimburse the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, you are liable for the loss incurred by us.

6.3 resale
You are entitled to resell the reserved goods in the normal course of business. You hereby assign to us the buyer's claims from the resale of the reserved goods in the amount of the agreed final invoice amount (including sales tax). This assignment applies regardless of whether the purchased item was resold without or after processing. You remain authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you meet your payment obligations from the proceeds received, are not in default of payment and, in particular, no application for the opening of insolvency proceedings has been made or payments have been suspended.

6.4 Transformation, processing and treatment
The processing or transformation of the purchased item by you always takes place in our name and on our behalf. In this case, your expectant right to the purchased item continues to apply to the transformed item. If the purchased item is processed with other items that do not belong to us, we acquire joint ownership of the new item in proportion to the objective value of the purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing takes place in such a way that your item is to be regarded as the main item, it is agreed that you transfer proportionate joint ownership to us and keep the sole ownership or joint ownership thus created for us. To secure the claims against you, you also assign to us any claims that you have against a third party as a result of the combination of the reserved goods with real estate; we hereby accept this assignment.

6.5 Return
If you act in breach of contract, in particular if you are late with payment, but also if you apply for insolvency proceedings against your assets, we are entitled to take back the item. In this case, taking back the item does not constitute a withdrawal from the contract unless we expressly declare this in writing.

6.6 Release of collateral
If the value of the collateral exceeds the value of the secured claims by more than 15 percent, we are obliged to release collateral at your request.

7. Warranty
7.1 Warranty for purchase contracts
7.1.1 General
There are statutory warranty rights. A warranty claim can only arise with regard to the quality of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular with regard to the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), provided that these changes are reasonable for you. Such reasonable reasons for changes can arise from normal commercial fluctuations and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product. Possible guarantees do not affect the warranty rights.

7.1.2 Warranty claim
In the event of a defect, we will provide subsequent performance at our own discretion in the form of remedying the defect or delivering a new product. The risk of accidental loss or deterioration of the item is transferred to you when it is handed over to the person responsible for transport. You must report obvious defects immediately and non-obvious defects immediately after discovery in writing; otherwise, the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. You bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint.

7.1.3 Limitation Period
The warranty is excluded for used goods and for new goods it is 1 year. The right of recourse under Section 478 of the German Civil Code is excluded from this. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected.

7.2 Warranty for work contracts
7.2.1 Warranty claim
There are statutory warranty rights. If the work is defective and you request subsequent performance, we can, at our discretion, remedy the defect or produce a new work. If defects are not remedied after at least two attempts to remedy the defect, you are entitled to withdraw from the contract or to reduce the price.

7.2.2 Transfer of risk
Within the scope of the warranty process, the risk of accidental loss or deterioration of the work shall only pass to you upon acceptance of the work.

7.2.3 Notification
If you notice that the outer packaging arrives damaged or if you notice any damage after receiving the goods, please let us know. However, there is no obligation to do so, nor will failure to do so affect the consumer's warranty rights.

7.2.4 Limitation Period
Warranty claims expire within one year after the transfer of risk, unless it concerns the construction of a building or a work whose success is the provision of planning or monitoring services for this. In these cases, the limitation period is five years. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.

7.3 Rights in the event of an insignificant defect
If the defect is only insignificant, you are only entitled to a reasonable reduction in the purchase price or agreed remuneration, excluding the right of withdrawal.

7.4 Compensation for defects
No warranty is provided for damages resulting from improper handling or use. The following exclusion of liability is expressly stated.

7.5 Non-existence of the warranty right
A warranty claim for the goods/works is not valid in the following cases, insofar as the defect complained of is caused by:

• Inappropriate or improper use / placement / storage
• unauthorized rework
• incorrect assembly or commissioning by you or third parties
• natural wear and tear
• incorrect or negligent handling
• use of unsuitable equipment
• external influences from environmental factors
• raw material-related aging

8. Liability
8.1 Information
Information about processing and application options for the goods/works we sell or produce, as well as technical advice and other information, are provided to the best of our knowledge and belief. The exclusion and reservation of liability in the following regulations also apply in this respect. However, you must always ensure that you inform yourself and check whether the goods or work to be produced are suitable for your planned project before placing an order.

8.2 Disclaimer of Liability
We and our legal representatives and vicarious agents are only liable for intent. Only if essential contractual obligations (i.e. obligations whose compliance is of particular importance for achieving the purpose of the contract) are affected, liability is also assumed for gross or slight negligence. In this case, liability is limited to foreseeable, contract-typical damage.

8.3 Reservation of liability
The above exclusion of liability does not affect liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act remain unaffected by this exclusion of liability.

9. Final Provisions
9.1 Place of performance
The place of performance for both parties is Berlin.

9.2 Jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law or if you have no place of jurisdiction in the Federal Republic of Germany.

9.3 Choice of Law
Unless mandatory legal provisions under your home law conflict with this, German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

9.4 Severability Clause
The invalidity of individual provisions does not affect the validity of the remaining General Terms and Conditions.