CONTACTTERMS AND
CONDITIONS

1. The recipient is free to accept the goods before dispatch. If this does not happen, they are considered accepted upon dispatch, even if the price is carriage paid. The number of items determined upon dispatch is decisive for the calculation in all cases.

2. If no instructions are given for dispatch, we will carry out this at our best discretion, but without obligation to use the cheapest shipping method.

3. Complaints of any kind regarding the design, quality or quantity of the goods must be raised immediately, but no later than within 8 days.

4. Justified objections to quantity, weight and design will only be taken into account if they are brought to our attention in writing by the customer no later than 8 days after receipt of the goods. In this case, we will deliver replacements ex works for the missing or inferior parts free of charge; any further claims for damages and the customer’s right to withdraw from the contract are excluded, as are claims for damages, conversion or reduction. Repairs or any work to remedy alleged defects or any changes may only be carried out with our permission. Otherwise, any claim for compensation for such work will be rejected.

5. Unless expressly agreed otherwise, prices are ex works. From then on, transport is at the customer’s expense and risk, even for carriage paid deliveries.

6. Our invoices are payable here, unless we have specified other payment terms, within 10 days of invoicing with a 2% discount or 30 days after issue in cash or by direct debit without deduction. If bills of exchange are accepted, we are entitled to immediately file a claim for damages if the information is unfavorable.

7. If payment is made later, we will charge interest on arrears at the rate plus bank commission that banks charge us for temporarily used credit.

8. For all obligations arising directly or indirectly from the business, our factory in

Netphen is the place of performance and Siegen is the place of jurisdiction for both parties.

9. All information regarding delivery deadlines is given to the best of our ability, but without obligation; in any case, difficulties in obtaining materials, disruption to operations due to force majeure, machine breakdowns release us from our obligation to meet them on time.

10. Penalties for delay are completely excluded, and the customer cannot make any claims for damages if the agreed delivery deadline is not met.

11. We ask customers with whom we have not previously had a business relationship to provide references; we also require advance payment or adequate security for the invoice amounts after completion. We also reserve the right of ownership until full payment has been made. We are also entitled to demand advance payments or security for our claims after completion of the transaction if we are given unfavorable information or if it otherwise becomes known that a customer has got into poor financial circumstances. In the event of non-performance or non-security, we can immediately withdraw from the contract.

We reserve the right of ownership of all goods delivered by us and of new goods resulting from the processing of these goods until all of our claims from the business relationship (main and secondary claims) have been paid and any current account balance to the detriment of our customer has been settled. If our deliveries are combined in accordance with Section 947 of the German Civil Code (BGB) or if they are processed in accordance with Section 950 of the German Civil Code (BGB), our delivery is considered the main item and becomes our property.

If the goods delivered by us are further delivered before full payment has been made, our ownership rights must also be passed on to the second buyer, otherwise this will constitute an unauthorized and illegal resale. In addition, the goods delivered and the items resulting from their processing may only be sold in the normal course of business. However, our buyers hereby assign to us as security all claims to which they are entitled now or in the future from sales or from any other legal reason with regard to the goods. Our buyers are authorized to collect these claims as long as they properly meet their payment obligations to us. In this case, the provisions on the legal relationships of the commission agent to the principal apply between us and our buyers. Our buyers are obliged to inform us immediately of any third party access to the goods delivered under retention of title.

If, in the event of bankruptcy, a replacement separation is not an option for our claim, a contractual penalty will be agreed that corresponds to 80% bankruptcy coverage.

12. If no contrary provisions are made when the order is placed, the order is also deemed to be acceptance of the above terms and conditions of sale.

13. Agreements made by telephone or with representatives are only valid if they are confirmed by us in writing.

14. Otherwise, the statutory provisions apply insofar as they are not affected by the above conditions.

15. Should one of the above conditions be invalid for any reason, the other conditions remain valid.