(1) These terms and conditions of sale shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing.(2) These terms and conditions of sale shall also govern all future transactions between the parties and shall also apply if we perform delivery despite our knowledge of differing or con-trary terms.(3) [...]
Insofar as the order constitutes an offer within the meaning of § 145 BGB we are entitled to accept the offer within two weeks.
(1) Prices are ex works according to Incoterms 2010, exclusive of the respective statutory VAT and exclusive of costs for packaging, except as otherwise expressly agreed upon. (2) The purchase price is due and payable net within 30 days from the date of the invoice. From the due date default interest in the amount [...]
The purchaser shall be entitled to offset only insofar as the purchaser’s counterclaim is acknowledged, undisputed or assessed in a legally binding judgment. The purchaser is enti-tled to claim retainer rights only to the extent such rights are based on the same transaction.
(1) Delivery is conditioned upon timely and proper performance of all duties of the purchaser. Defenses based on nonperformance of the contract are reserved. (2) In case of default in acceptance or other breach of duties to cooperate by the purchaser we are entitled to claim any resulting damage including but not limited to [...]
If the purchaser demands shipment of the goods the risk of loss or damage to the goods passes to the purchaser upon dispatch.
(1) We retain title to the goods until receipt of all payments in full. In case of breach of con-tract by the purchaser including, without limitation, default in payment, we are entitled to take possession of the goods. (2) The purchaser shall handle the goods with due care, maintain suitable insurance for the goods [...]
(1) Precondition for any warranty claim of the purchaser is the purchaser’s full compliance with all requirements regarding inspection and objection established by sec. 377 HGB (Ger-man Commercial Code). (2) Warranty claims shall be time- barred after 12 months of the passage of risk. (3) In case of non-conformity of the goods the purchaser [...]
(1) In case of intent or gross negligence on our part or by our agents or assistant in performance we are liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentionally our liability for damages shall [...]
(1) This contract shall be governed by the laws of the Federal Republic of Germany (ex-cluding the Convention on Contracts for the International Sale of Goods). (2) Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Hamburg.