TERMS

These terms and conditions apply to all business relationships with entrepreneurs, legal entities under public law or special funds under public law (§ 310 BGB).

These terms and conditions apply to all business relationships with entrepreneurs, legal entities under public law or special funds under public law (§ 310 BGB).

These terms and conditions apply in particular to contracts for the sale and/or delivery of movable goods, regardless of whether the supplier manufactures the goods himself or purchases them from suppliers (§§ 433, 650 BGB). Insofar as nothing else is agreed, these terms and conditions in the version valid at the time of the conclusion of the contract or in any case in the version last communicated to the supplier in text form shall also apply as a framework agreement for similar future contracts without our having to refer to them again in each individual case.

These terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the supplier shall not become part of the contract, even if we do not expressly object to their validity. This objection requirement shall also apply if we accept the supplier's delivery without reservation in knowledge of the supplier's general terms and conditions.

Our orders are binding at the earliest after written confirmation. The supplier must confirm our order immediately in writing or send the ordered goods immediately after receipt of the order.

We reserve the right to withdraw from the contract if the supplier does not confirm the order within 14 days of receipt or does not deliver the goods within the agreed delivery time.

We reserve the right to cancel the order if the supplier does not deliver the goods within the agreed delivery time.

If the supplier is in default, we are entitled to the statutory rights, in particular to withdraw from the contract and to claim damages instead of performance.

The prices stated in the order are binding. All prices are net prices plus the statutory value added tax.

Unless otherwise agreed, the prices include all services and ancillary services (e.g. assembly, installation) as well as all ancillary costs (e.g. proper packaging, transport costs including any transport and liability insurance).

If the supplier has not fulfilled his obligation to package the goods properly and this has resulted in damage, the supplier shall be liable for the damage incurred.

We are entitled to have the delivery made by third parties. The supplier shall bear the risk of loss and deterioration of the goods until they are handed over to us or to a third party designated by us.

The place of performance for all obligations arising from the contractual relationship is our registered office, unless otherwise specified.

If we are in default of acceptance, this shall not affect the supplier's obligation to deliver. The risk of accidental loss and accidental deterioration of the goods shall pass to us at the time when we are in default of acceptance.

We shall inspect the delivered goods immediately after delivery. Obvious defects must be reported to the supplier immediately, at the latest within 5 working days after delivery. Hidden defects must be reported immediately after discovery.

If the goods are defective, we are entitled to the statutory warranty rights. In particular, we can demand subsequent performance, reduce the purchase price or withdraw from the contract.

The warranty period is 24 months from delivery, unless the statutory limitation period is longer.

If the supplier is liable for damages, we are entitled to recourse against the supplier in accordance with § 478 BGB.

The supplier shall indemnify us against all claims for damages asserted against us by third parties due to product damage, insofar as the damage is based on a defect in the delivered goods for which the supplier is responsible.

The supplier shall bear all costs arising from recall measures, insofar as the recall is based on a defect in the delivered goods for which the supplier is responsible.

The supplier shall take out product liability insurance with a sum insured of at least EUR 5,000,000 per damage event and maintain it for the duration of the contractual relationship.

The supplier warrants that the delivered goods do not infringe any third-party intellectual property rights.

If third parties assert claims against us due to the infringement of intellectual property rights by the delivered goods, the supplier shall indemnify us against these claims.

The supplier shall bear all costs arising from the defense against such claims, including court and attorney fees.

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If the supplier is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our registered office.

However, we are also entitled to bring an action at the supplier's place of business.

Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.

The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

The same applies in the event of a gap in the contract.