General Terms & Conditions of Sale, Delivery and Payment
§ 1 General – Scope
(1) Our Terms & Conditions of Sale apply exclusively; we fundamentally do not accept any contradictory sales conditions or conditions that vary from our own belonging to the customer unless we have expressly agreed to their application in writing. Our Terms & Conditions of Sale also apply if we are aware of the customer’s contradictory or deviating conditions but complete delivery without reservation. We accept contradictory purchasing conditions of the customer as an exception only if those conditions correspond to the recommendations of the Association for the German Automobile Industry (Verband der deutschen Automobilindustrie e.V. (VDA)) for the procurement of production materials and spare parts intended for automobiles.
(2) Our Terms & Conditions of Sale apply only to commercial transactions with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). The customer therefore has no right to cancelation.
(3) We are responsible for public statements, in particular in advertising, within the framework of the statutory provisions only if we have arranged for those statements to be made and they have actually influenced the purchase decision of the customer.
(4) Guarantees are provided by us only on the basis of written agreements.
(5) Incomplete or incorrect deliveries and recognizable defects must be reported to us promptly in writing, at the latest within a week of receipt of the goods.
(6) Part deliveries are permitted to a reasonable extent. They are invoiced separately.
Section 2 Offers and documents
(1) If the order is categorized as an offer pursuant to Section 145 BGB, we may accept it within 2 weeks unless an alternative binding period is specified expressly.
(2) We reserve all property rights and copyright to our illustrations, drawings, calculations, cost estimates, and other documents. This also applies to those written documents that are designated as “confidential.” Before they are passed on to third parties, the customer requires our express written consent to do so.
(3) Orders for special products may be canceled only within the framework of Section 649 BGB.
Section 3 Prices
(1) Unless the order confirmation specifies otherwise, our prices are deemed to be “ex works,” exclusive of packaging; a separate charge is made for this.
(2) Statutory Value Added Tax (sales tax) is not included in our prices; it is specified separately at the statutory rate on the date of invoicing.
(3) We reserve the right to make an appropriate increase in prices because of a rise in the price of materials, wages, transport costs or other circumstances for which we are not responsible if a period of more than 4 months passes between conclusion of contract and delivery.