GTC

GENERAL TERMS AND CONDITIONS

Part 1: General Terms and Conditions Online Shop
Table of contents

Scope of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Granting of rights of use for digital content
Retention of title
Liability for defects (warranty)
Special conditions for the processing of goods according to specific customer specifications
Special conditions for assembly/installation services
Special conditions for repair services
Redemption of promotional vouchers
Applicable law
Place of jurisdiction
Alternative dispute resolution

1) Scope of application

1. 1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company SCHOLZ MECHANIK GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1. 2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise agreed. In addition to the delivery of the goods, the seller shall be obliged to provide digital content or digital services (hereinafter "digital products") that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1. 3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1. 4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1. 5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

2) Conclusion of contract

2. 1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2. 2 The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, fax, online contact form, post or telephone.

2.3 The seller may accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com /en /webapps /mpp /ua /useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/en /webapps /mpp /ua /privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2. 7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2. 8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3. 1 Consumers are generally entitled to a right of withdrawal.

3. 2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

3. 3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4. 2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4. 3 The payment option(s) will be communicated to the customer in the seller's online store.

4. 4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4. 5 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

4.7 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

4.8 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within the period stated on the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The seller also reserves the right to carry out a credit check when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

4.9 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online store.

4.10 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online store.

4.11 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online store.

4.12 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within the period stated on the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

5. 5 Self-collection is not possible for logistical reasons.

5. 6 Digital content is provided to the customer as follows

- by download

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the seller's online store, the seller grants the customer the non-exclusive right to use the content provided for private and commercial purposes without restriction in terms of location or time.

6. 2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to the transfer of the contractual license to the third party.

6. 3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. The seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

7) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This shall not apply to contracts for the delivery of goods:

8.1 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;
in the case of new goods, the limitation period for defects is one year from delivery of the goods;
in the case of used goods, the rights and claims for defects are excluded;
the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

8.2 The aforementioned limitations of liability and shortening of the limitation period shall not apply

to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8. 3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

8. 4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

9) Special conditions for the processing of goods according to specific customer specifications

9. 1 If, according to the content of the contract, the Seller is also responsible for processing the goods in accordance with certain specifications of the Customer in addition to the delivery of the goods, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and grant the Seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for ensuring that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, especially copyrights, trademark rights and personal rights.

9. 2 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

10) Special conditions for assembly/installation services

If, according to the content of the contract, the seller is also responsible for the assembly or installation of the goods at the customer's premises in addition to the delivery of the goods, as well as any corresponding preparatory measures (e.g. measurement), the following shall apply:

10.1 The Seller shall provide its services at its own discretion in its own person or through qualified personnel selected by it. In doing so, the Seller may also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer shall not be entitled to select a specific person to perform the desired service.

10.2 The Customer shall provide the Seller with the information required for the provision of the service owed in full and truthfully, insofar as the procurement of such information does not fall within the scope of the Seller's obligations according to the content of the contract.

10.3 The Seller shall contact the Customer after conclusion of the contract in order to agree a date for the service owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the Customer's facilities on the agreed date.

10.4 The risk of accidental loss and accidental deterioration of the goods sold shall only pass to the customer upon completion of the installation work and handover to the customer.

11) Special conditions for repair services

If the seller owes the repair of an item of the customer according to the content of the contract, the following shall apply:

11. 1 Repair services shall be provided at the Seller's registered office.

11. 2 The Seller shall provide its services at its own discretion either in person or through qualified personnel selected by it. The Seller may also use the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the seller's service description, the customer shall not be entitled to select a specific person to perform the desired service.

11. 3 The Customer shall provide the Seller with all information required for the repair of the item, unless the procurement of such information is not the responsibility of the Seller according to the content of the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the defect and inform the Seller of all circumstances that may be the cause of the defect found.

11. 4 Unless otherwise agreed, the Customer shall send the item to be repaired to the Seller's registered office at its own expense and risk. The Seller recommends that the Customer takes out transport insurance for this purpose. Furthermore, the Seller recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.

11. 5 The goods shall be returned at the customer's expense. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to a suitable carrier at the seller's place of business. At the Customer's request, the Seller shall take out transport insurance for the goods.

11. 6 The Customer may also bring the item to be repaired to the Seller's place of business and collect it from the Seller's place of business if this is stated in the Seller's service description or if the parties have reached an agreement to this effect. In this case, the above provisions on the bearing of costs and risk for the shipment and return shipment of the item shall apply accordingly.

11. 7 The aforementioned provisions do not limit the Customer's statutory rights in the event of defects in the case of the purchase of goods from the Seller.

11. 8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.

12) Redemption of promotional vouchers

12. 1 Vouchers that are issued free of charge by the seller as part of promotions with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.

12. 2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

12. 3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

12. 4 Only one promotional voucher can be redeemed per order.

12. 5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

12. 6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

12. 7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

12. 8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

12.9 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

13) Applicable law

13. 1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13. 2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

14) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

15) Alternative dispute resolution

15.1 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Part 2: General Terms and Conditions for other business contracts

1 General

1.1 These General Terms and Conditions (GTC) apply to all, including future, business contracts with entrepreneurs within the meaning of §14 BGB, legal entities under public law and special funds under public law that were not concluded via the order process integrated in the online store. For all other customers, only the legally permissible paragraphs of these GTC apply.

1.2 The customer's terms and conditions of purchase are hereby rejected. Our General Terms and Conditions apply exclusively and our customer agrees to them. This shall also apply to future transactions, even if no express reference is made to them. If an order is placed in deviation from our terms and conditions, our General Terms and Conditions shall apply exclusively even if we do not explicitly object to them.

1.3 Our employees and representatives are not authorized to make verbal collateral agreements, give verbal promises or make verbal agreements to amend the contract.

2 Offers, provision of data, information and samples

2.1 Offers, pro forma invoices, brochure details and price lists are non-binding and subject to change. This applies to both verbal and written information.

2.2 We reserve the right to make technical and production-related changes to information and sales documents within the scope of customary deviations.

2.3 CAD data and samples are provided on a voluntary basis.

2.4 All property rights and copyrights to samples, illustrations and information shall remain with us. Our express permission is required for any disclosure.

2.5 We accept no liability for the correctness, completeness, up-to-dateness and usability of the data provided. Use is at the customer's own risk.

2.6 If the customer provides us with manufacturing or product information, the customer shall be responsible for checking it for third-party property rights. If liability nevertheless arises, we shall be indemnified by the customer.

3 Order acceptance and confirmation

3.1 All offers, pro forma invoices, brochures and price lists are deemed to be "invitatio ad offerendum". A contract is only concluded when we accept the order. Acceptance is effected by issuing a written order confirmation or by delivery.

3.2 Orders placed by telephone are always legally binding for the customer.

3.3 Complaints about confirmations and changes must be made immediately, at the latest within one week. Any services rendered by us up to that time shall be invoiced.

3.4 Withdrawal from the order is generally not possible for custom-made products.

4 Prices, terms of payment

4.1 Our prices are ex works plus packaging, shipping and insurance as well as statutory VAT.

4.2 In order to cover the processing costs incurred, even for the smallest orders, a minimum order value of €100 net value of goods applies to orders.

4.3 We charge a processing fee of € 6 for shipping to third parties.

4.4 Our invoices are payable immediately without deduction.

4.5 In the event of default of payment or the occurrence of circumstances that subsequently reduce the creditworthiness of the buyer, all our claims shall be due immediately. In addition, we are entitled to make further deliveries only against advance payment or security, as well as to withdraw from the contract after a reasonable period of grace or to demand compensation for non-performance.

4.6 Bills of exchange and checks are only accepted on account of payment. Bank charges, bill of exchange costs and other additional costs incurred shall be borne by the Buyer. Unauthorized deductions shall be demanded subsequently.

4.7 Default shall be deemed to have occurred upon our issuing a reminder, or, in the absence of a reminder, upon expiry of the statutory minimum period at the latest. The amount of interest on arrears shall be based on the statutory provisions. We reserve the right to claim demonstrably higher damages caused by default.

5 Delivery times

5.1 Agreed delivery times shall apply on condition that all technical and commercial questions have been clarified and the customer has fulfilled all his obligations in good time. Otherwise the delivery time shall be extended accordingly.

5.2 Delivery times shall be deemed to have been met if we make the goods available for dispatch on the agreed date or, in the case of products subject to acceptance, notify the customer that the goods are ready for acceptance.

5.3 If delays occur due to late delivery by our own suppliers or due to labor disputes, force majeure or other events beyond our control, the delivery time shall be extended accordingly. We shall inform the customer as soon as possible of any impending delays.

5.4 If the customer suffers damage due to a delay in delivery for which we are responsible, he shall be entitled to demand lump-sum compensation for the delay. This shall amount to 0.5% for each completed week up to a maximum of 5.0% of the value of that part of the total delivery which cannot be used on time as a result of the delay. Further claims shall be determined solely in accordance with Section 9 of these GTC.

5.5 The customer shall be entitled to withdraw from the contract within the framework of statutory provisions if we have been set a reasonable grace period in writing after the due date and we fail to comply with it.

6 Delivery

6.1 Deliveries are ex works in accordance with INCOTERMS 2010.

6.2 All risks shall pass to the Buyer after the goods have been made available for shipment at the place of delivery, irrespective of whether the delivery is made from the place of performance. This also applies to partial deliveries or if we bear the shipping costs or carry out the delivery ourselves.

6.3 We reserve the right to choose the mode of shipment.

6.4 The customer may not reject partial deliveries to a reasonable extent and must pay for them immediately upon receipt of the partial delivery. The rejection of a partial delivery does not entitle the customer to reject further deliveries from the same or another contract.

7 Acceptance, quantity deviation, return of goods

7.1 Except in the case of a material defect, the customer is obliged to accept the delivery. If he does not fulfill this obligation within 2 weeks, we shall be entitled to charge fees for storage and insurance and to dispose of the goods otherwise after the expiry of a reasonable period. Delivery times for new deliveries to the customer shall be extended accordingly. Furthermore, we reserve the right to claim compensation for all expenses incurred in connection with the processing of the legal transaction.

7.2 In the case of special designs and products outside the standard program, we reserve the right to make additional or reduced deliveries amounting to 10% of the order quantity, but at least 2 units. In this case, we shall invoice the actual delivery quantity.

7.3 Returns of goods are only possible by prior agreement. Special parts are generally excluded from exchange. For cost reasons, it is not possible to take back goods with a net value of less than € 20. For the return of parts, we charge processing and restocking costs amounting to 20% of the value of the goods, but at least € 20.

8 Retention of title

8.1 Delivered goods shall remain our property until all claims have been settled in full or until checks or bills of exchange given for this purpose have been honored. The buyer is entitled to resell the reserved goods in the normal course of business. Pledging or transfer by way of security is not permitted.

8.2 The buyer assigns to us his claims from the resale of the reserved goods. At our request, the buyer is obliged to specify the third-party debtors and to notify them of the assignment. We are also entitled to notify the third-party debtors of the assignment ourselves. If the goods subject to retention of title are sold as part of an item, we shall acquire ownership of the item to the value of the goods subject to retention of title.

8.3 The buyer must inform us immediately of any measures taken by third parties, e.g. foreclosures on the reserved goods or on the claims assigned in advance, and provide us with the relevant documents.

9 Warranty, replacement, liability

9.1 Obvious defects, damage and incorrect deliveries must be reported to us in writing immediately, at the latest within one week of receipt of the goods, hidden defects immediately after their discovery. Rejected goods may not be resold, processed or installed.

9.2 Our warranty only applies to defects that are based on circumstances that occurred before the transfer of risk. We do not assume any warranty for defects that are due to unsuitable or improper use, faulty assembly or commissioning, faulty or negligent handling or maintenance and natural wear and tear.

9.3 In the case of finishing orders, the warranty applies solely to the finishing process itself, not to the item provided to us.

9.4 Insofar as we are obliged to provide a warranty, we may, at our own discretion, repair or replace the goods free of charge. The customer must give us the necessary time and opportunity to do so, otherwise we shall be released from liability for the resulting consequences. Should the subsequent performance fail within a reasonable period of time, the customer reserves the right to reduce the purchase price or, in the case of a not insignificant defect, to rescind the contract. The right to reduce the contract price shall otherwise be excluded. Replaced parts shall become our property.

9.5 In urgent cases of need, replacements will be delivered at the respective daily price and a credit note will be issued once the obligation to replace has been established. For this purpose, rejected goods shall be sent to us at no cost to us.

9.6 In the event of a warranty claim, we shall only bear the costs of removal and installation, modification work on built-in parts and parts provided if the defect could not have been detected with reasonable effort prior to installation, the costs have not increased due to transportation from the place of performance and the assumption does not represent a disproportionate burden for us.

9.7 If a defect is based on a defective third-party product, we shall be entitled to assign claims for defects against the upstream supplier to the customer. In this case, our warranty shall only apply if the customer has unsuccessfully asserted the claims against the upstream supplier in court. We must be informed immediately of the judicial assertion of the claims. Furthermore, our consent must be obtained for all agreements relating to the assigned claims.

9.8 We shall only be liable for damage that has not occurred to the delivery item itself - for whatever legal reasons and, if permissible, always limited to the reasonably foreseeable damage typical of the contract - in the event of intent; gross negligence on the part of the owner / executive bodies or executive employees; culpable injury to life, limb or health; fraudulently concealed defects; personal injury or damage to privately used objects, insofar as liability is assumed under the Product Liability Act. In the event of culpable breach of material contractual obligations, we shall also be liable for gross negligence on the part of non-executive employees.

9.9 Claims for compensation against us on any other legal grounds are excluded.

10 Applicable law, statute of limitations, place of performance andplaceof jurisdiction

10.1 All legal relationships are subject to German law.

10.2 All claims of the customer, irrespective of the legal grounds, are subject to a limitation period of 12 months. The statutory periods shall apply to claims for damages.

10.3 The place of performance for all obligations of both parties is Hamburg.

10.4 The place of jurisdiction for all disputes arising from this contract is Hamburg. In addition, we reserve the right to sue the customer at his place of business.

11. severability clause

11.1 Should individual clauses of the above terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. The invalid provisions shall be replaced by a valid provision that comes as close as possible to the economic content of the invalid provision.