Conditions

TERMS OF SERVICE

Business delivery and payment conditions

I. Delivery time

1. The delivery period begins with the dispatch of the order confirmation, but not before the customer has provided any documents, approvals and releases that may have to be obtained by the customer, and before receipt of an agreed down payment.

2. The delivery deadline is met if readiness for dispatch has been notified by the time it expires or the delivery item has left the factory.

3. The delivery period is extended in the event of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseen obstacles that are beyond our control, e.g. operational disruptions, delays in the delivery of essential materials, insofar as such obstacles can be proven to have a significant impact on the delivery of the delivery item Influence are. This also applies if the circumstances occur with subcontractors. The delivery period is extended according to the duration of such measures and obstacles. We are also not responsible for the aforementioned circumstances if they arise during an already existing delay. We will inform the customer as soon as possible of the beginning and end of such obstacles in important cases.

4. Partial deliveries are permitted within the delivery times specified by us, provided that this does not result in any disadvantages for use.

II. Scope of delivery

1. The scope of delivery is determined by our written order confirmation.

2. Construction or shape changes that are due to the improvement of the technology or to requirements of the legislator are reserved during the delivery time, provided that the delivery item is not significantly changed and the changes are reasonable for the customer.

III. Cancellation costs

1. If the customer withdraws from an order placed without authorization, we can demand 10% of the sales price for the costs incurred in processing the order and for lost profit, without prejudice to the possibility of claiming higher actual damage. The customer retains the right to provide evidence of minor damage.

IV. Packaging and shipping

1. Packaging becomes the property of the customer and is invoiced by us. Postage and packaging expenses will be invoiced separately. The choice of transport is at our discretion.

V. Acceptance and transfer of risk

1. The customer is obliged to accept the delivery item. Unless otherwise agreed (delivery by us), the handover takes place in Hagen-Hohenlimburg. The customer is entitled to check the delivery item within fourteen days of receipt of the notification of readiness or other notification of completion at the handover location. The customer is obliged to accept the delivery item within the same period, unless he is temporarily prevented from accepting through no fault of his own.

2. If the customer deliberately or grossly negligently delays acceptance of the purchase item for more than fourteen days after receipt of the notification of readiness, we are entitled, after setting a grace period of another fourteen days, to withdraw from the contract or to demand compensation for non-performance. There is no need to set a grace period if the customer seriously or finally refuses acceptance or is obviously not able to pay the purchase price within this period.

3. The risk is transferred to the customer upon acceptance of the delivery item. If the customer declares that he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item is transferred to the customer at the time of refusal.

VI. Price changes

1. Price changes are permitted if there are more than four months between the conclusion of the contract and the agreed delivery date. If the wages, the material costs or the market-based cost prices then increase until the delivery is completed, we are entitled to increase the price appropriately in accordance with the cost increases. The customer is only entitled to withdraw from the contract if the price increase does not only marginally exceed the increase in the general cost of living between the order and delivery.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, price changes are permitted in accordance with the aforementioned regulation if there are more than six weeks between the conclusion of the contract and the agreed delivery date.

VII. Warranty

1. We assume liability for defects in the delivery items in the following way:

For new machines and devices, we limit the warranty period to 1 year due to the legal possibilities.

For used machines, we grant customers who purchase the machines for their own use a warranty period of 6 months. We do not give any guarantee to resellers for used machines.

a) During the above-mentioned period after acceptance of the delivery item, the customer is entitled to the removal of errors (subsequent improvement). Rework can only be carried out by our staff, usually in our workshop. Any transport costs are borne by the buyer. If we cannot eliminate a defect that is subject to our warranty obligation or if further attempts at improvement are unreasonable for the customer, the customer can request conversion (cancellation of the contract) or reduction (reduction in remuneration) instead of the improvement.

b) Natural wear and tear is excluded from the guarantee in any case.

c) If "sold as seen" was agreed for used machines, the guarantee is excluded.

2. We are only liable for further claims and rights in cases of willful intent and gross negligence. Moreover, liability is excluded.

VIII. Retention of title

1. We reserve title to the delivery items until they have been paid for in full.

2. If the purchaser acts in breach of contract, in particular in the event of default in payment, we are entitled to take them back after a reminder and the purchaser is obliged to surrender them.

3. The assertion of the retention of title as well as the seizure of the delivery items by us do not count as a withdrawal from the contract, unless the provisions of the Consumer Credit Act apply or this is expressly declared by us in writing.

4. In the case of use in relation to business people, a legal person under public law or a special fund under public law, the following also applies:

The customer is entitled to resell the delivery items in the ordinary course of business; However, he already now assigns to us all claims in the amount of the purchase price agreed between us and the customer (including VAT) that the customer accrues from the resale, regardless of whether the delivery items are resold without or after processing. The purchaser is authorized to collect these claims after they have been assigned. Our authorization to collect the claims ourselves remains unaffected; however, we undertake not to collect the claims as long as the customer properly meets his payment obligations and is not in default. If this is the case, however, we can request

5. The processing or transformation of the goods by the customer is always carried out for us. If the delivery items are processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the delivery items to the other processed items at the time of processing.

6. If the delivery items are inseparably mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the delivery items to the other mixed items. The purchaser keeps the joint ownership for us.

7. The customer may neither pledge the delivery items nor assign them as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must inform us immediately and provide us with all information and documents that are necessary to safeguard our rights. Enforcement officers or a third party must be made aware of our property.

8. We undertake to release the securities to which we are entitled at the request of the customer to the extent that the value of the claims to be secured, insofar as these have not yet been paid, exceeds by more than 20%.

IX. Liability from offense

1. Claims for damages from tort are excluded, unless the damage was caused intentionally or through gross negligence. This also applies to the actions of our vicarious agents.

X. Terms of payment

1. The purchase price and the fees for ancillary services are due for payment when the delivery item is handed over.

2. Checks and bills of exchange are only considered payment after they have been cashed. The acceptance of bills of exchange always requires a prior written agreement with us. If bills of exchange are accepted, the bank discount and collection fees will be charged. They are to be paid immediately in cash.

3. We charge default interest at 3% pa ​​above the respective discount rate of the Deutsche Bundesbank. They are to be set higher or lower if we have a charge with a higher interest rate or if the customer can prove a lower charge.

4. If the customer is a merchant, a legal entity under public law or a special fund under public law, the withholding of payments due to any counterclaims of the customer not recognized by us is not permitted, nor is offsetting against such claims.

XI. Fulfillment and jurisdiction

1. The place of performance is Hagen

2. In all disputes arising from the contractual relationship, if the customer is a registered trader, a legal entity under public law or a special fund under public law, the action must be brought to the court responsible for our headquarters. We are also entitled to sue at the customer's headquarters.

3. German law applies exclusively to the exclusion of the laws on the international purchase of movable objects, even if the customer is based abroad.

XII. miscellaneous

1. Transfers of rights and obligations of the customer from the contract concluded with us require our written consent to be effective.

2. Should a provision be or become void, the validity of the other provisions remains unaffected.