GTC

1. Scope of application

All our offers, deliveries and other services are based exclusively on the following General Terms and Conditions of Delivery, Payment and Business. The terms and conditions apply to all current and future business relationships. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

Our General Terms and Conditions apply to consumers and entrepreneurs. You are a consumer if the contract concluded with us cannot be attributed to your commercial or independent professional activity. You are an entrepreneur if you are acting in the exercise of your commercial or independent professional activity when concluding the contract.

2. Revocation instruction to the customer

In the case of distance selling contracts, i.e. orders placed by a consumer, in particular by letter, catalog, telephone, copy, e-mail, the customer has a right of withdrawal in accordance with the following instructions:

Right of withdrawal
You can revoke your contractual declaration within two weeks without giving reasons in text form (e.g. letter, fax, e-mail) or by returning the goods. The period begins at the earliest upon receipt of these instructions. Timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation must be sent to the business address stated on the front page

Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return the goods or services received in full or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – which you would have been able to do in a store, for example. In addition, you can avoid the obligation to pay compensation by not using the goods as an owner and refraining from doing anything that could impair their value. You may therefore only examine the goods carefully and diligently. You must compensate for any loss in value that results from the use of the item that goes beyond mere inspection and means that it can no longer be sold as “new”. Items that can be sent by parcel post up to an order value of € 40.00 are to be returned to us at your expense. Your obligation to bear the costs does not apply if the item sent does not correspond to the item you ordered. Items with an order value of € 40.00 or more will be returned at our expense and risk. Items that cannot be sent by parcel post will be collected from you.

3. Offers and prices

Quotations are always issued in writing. We reserve the property rights and copyrights to the documents enclosed with an offer. The prices quoted are net prices. Value added tax at the statutory rate shall be added to the offer prices.
Our offers are subject to change. We reserve the right to make technical and other changes within reasonable limits. We are entitled to unilaterally increase the contractually agreed prices if the procurement costs for the materials required to fulfill the order, in particular precious metals, increase. We may demand your consent to such a price increase if only price increases in the area of material procurement costs are passed on. If you culpably do not agree to the price increase, we shall be entitled to withhold or discontinue our contractually owed performance.

By ordering goods, the customer makes a binding declaration that he wishes to purchase the goods ordered. We are entitled to accept the contractual offer contained in the order within two weeks of receipt.
If the customer, who is also a consumer, orders the goods electronically, we will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
If an order is placed electronically, the text of the contract will be saved by us and sent to the customer by e-mail on request, together with these General Terms and Conditions.

4. Placing of order

All orders and agreements shall only become binding upon our written confirmation. This also applies to orders placed by representatives.

5. Delivery

The delivery period shall commence on the day on which the corresponding order confirmation is sent and shall be deemed to have been met if the goods have left the factory at the agreed delivery time or, in the case of a shipping agreement or agreed self-collection, if the customer has been notified that the goods are ready for collection or, in the case of a corresponding agreement, if the goods are actually offered to the customer for acceptance at its registered office. If no clear specifications are made by the customer, the choice of means of transportation is at our discretion.
In the event of a delay in delivery, a reasonable grace period must be set. Deliveries ordered on call must be accepted within three months of order confirmation at the latest.
The conclusion of the contract is subject to correct and timely delivery to us by our supplier. This shall only apply in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with our supplier.
The customer shall be informed immediately if the service is unavailable. The consideration shall be refunded immediately.
If the performance or completion of the necessary work and services is delayed for reasons for which the customer is responsible, we shall be released from the obligation to comply with the agreed delivery dates. If the customer fails to remedy the situation immediately at our request, we may set a reasonable deadline for fulfillment of the contract and withdraw from the contract if the deadline expires without result. In such a case, we shall be entitled to compensation for all expenses incurred by us up to this point in time, including loss of profit.

6. Danger

If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of sale by dispatch upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the item sold shall not pass to the buyer until the item is handed over to the buyer, even in the case of sale by dispatch.
If the buyer is in default of acceptance, this shall be deemed equivalent to handover.

7. Auxiliary devices, tools and CNC programs

Auxiliary equipment, tools and CNC programs that are required for the execution of customer orders shall only become the property of the purchaser if this has been expressly agreed. We undertake to store the auxiliary equipment that has become the property of the customer for up to one year after the last delivery for the customer. The customer may agree a longer retention period before the end of the one-year period. If no further agreement is made, we can freely dispose of the aids after the deadline has expired.

8. Initial sample

Initial samples must be tested within two weeks and we must be notified of the test result in writing. A fax or e-mail is sufficient for the written form. If no response is received within the aforementioned period, we shall be entitled to invoice the tool costs for these initial samples, irrespective of whether they are free of complaints. This regulation applies in the same way to the sending of reworked initial samples.

9. Warranty

If the buyer is an entrepreneur, we shall initially provide a warranty for defects in the goods at our discretion by repair or replacement.
If the buyer is a consumer, he shall initially have the choice of whether the subsequent performance is to take the form of rectification or replacement delivery. However, we shall be entitled to refuse the type of subsequent performance chosen if it is only possible at disproportionate cost and the other type of subsequent performance is without significant disadvantages for the consumer.
If the supplementary performance fails, the customer may, at his discretion, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). However, in the event of only a minor breach of contract, in particular in the case of only minor defects, the customer shall not be entitled to withdraw from the contract.
Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims for obvious defects is excluded. The timely dispatch of the notification is sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.
Consumers must notify us in writing of obvious defects within a period of two months after the time at which the condition of the goods contrary to the contract was established. The date of receipt of the notification by us shall be decisive for compliance with the deadline. If the consumer fails to provide this information, the warranty rights for obvious defects expire two months after the defect is discovered.
If the customer chooses to withdraw from the contract due to a defect after subsequent performance has failed, he shall not be entitled to any additional claim for damages due to the defect.
If the customer chooses compensation for damages after subsequent performance has failed, the goods shall remain with the customer if this is reasonable. Compensation shall be limited to the difference between the purchase price and the value of the defective item. This shall not apply if we have maliciously caused the breach of contract.
For entrepreneurs, the warranty period is one year from delivery of the goods.
For consumers, the limitation period is two years from delivery of the goods.

10. Limitation of liability

In the event of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contractually typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. Liability for intent and gross negligence remains unaffected. We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
The above limitations of liability do not apply to claims by the customer in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer.
The customer’s claims for damages due to a defect shall lapse one year after delivery of the goods if the customer is an entrepreneur. This shall not apply if we can be accused of gross negligence or in the event of damage to health or physical injury attributable to us or in the event of loss of life of the customer.

11. Payment

All invoices for goods are payable within 30 days of delivery of the goods from the invoice date without any deductions. If payment is made within eight days, a 2% discount shall be granted provided the customer is not in arrears with the settlement of other claims.
After expiry of the 30 days, the customer is in default. During the period of default, the consumer shall pay interest on the debt at a rate of 5% above the prime rate.
During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8% above the base interest rate. We reserve the right to prove and assert a higher damage caused by default against the entrepreneur.
Acceptances and bills of exchange shall only be accepted on account of performance and only by agreement and subject to their discountability. Discount charges and all costs resulting from the bill of exchange transaction shall be borne by the customer. Discount charges shall be calculated from the due date of the invoice amount.
If, after conclusion of the contract, the claim to payment of the remuneration to which we are entitled is significantly jeopardized, we may demand advance payment or security from the customer within a reasonable period of time and refuse all services until our demand has been met. In the event of refusal by the customer or fruitless expiry of the deadline, we shall be entitled to withdraw from the contract or to demand compensation for non-performance.
The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
We are entitled to withhold or suspend the contractually owed service if you are in default with the services incumbent upon you. This applies in particular to cases of (even partial) default of payment and failure to process the initial samples supplied by us.

12. Reservation of title

In the case of contracts with consumers, we reserve title to the goods until the purchase price has been paid in full.
In the case of contracts with entrepreneurs, we reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.
The customer is obliged to treat the goods with care and to carry out any maintenance and inspection work at his own expense.
The customer is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods or of his own change of residence as long as payment has not yet been made in full.
We are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default in payment or breach of one of the aforementioned obligations.
The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount which accrue to him against a third party as a result of the resale. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.

The handling and processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If the goods are processed with items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods supplied by us in relation to the other processed items. The same shall apply if the goods are mixed with other objects not belonging to us.

If bills of exchange, checks or other services rendered by the customer only on account of performance are handed over, payment shall only be deemed to have been made when the cash is redeemed. Cash or check payments in connection with financing bills of exchange for which we have provided our signature as drawer shall not cancel our retention of title.

13. Property rights

If industrial property rights are infringed during the manufacture of the goods according to drawings, samples or other information provided by the customer, the customer shall indemnify us against all third-party claims.

14. Final provisions

The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the parties already agree today to agree on a replacement provision that comes closest to the economic content and meaning of the invalid provision.