1. Scope
For all contracts between the seller and the buyer
the following general delivery and payment conditions apply exclusively.
The buyer recognizes these conditions when the order is placed, at the latest upon acceptance of
delivery to.
Oral individual agreements that deviate from or supplement the general terms of delivery and payment or the
price lists of the seller,
also with the seller's field staff, only become effective if the
seller has confirmed them in writing.

2. Conclusion of contract
The seller's offers are non-binding. The contract offer lies in the
order placement by the buyer. The latter is bound to his contract offer for two weeks
. The period begins when the offer is sent. The contract is concluded by
order confirmation or delivery by the seller at his option.

3. Price
All prices are net prices and do not include the statutory value added tax. The prices are non-binding and can be changed without special
announcement; they apply from the seller's distribution center.
Prices for US imports are calculated in US dollars. If dollar exchange rate fluctuations
of more than +/- 5% occur or the seller's purchase prices change by
this value, the prices will be adjusted automatically. In this case, the seller will inform the buyer immediately. Prices apply ex works and exclude packaging and assembly unless otherwise agreed.

4. Delivery
A delivery deadline is only binding if it has been agreed in writing.
It is met if the goods have left the warehouse within the deadline or
the transport company or is reported to the
buyer.
If the seller is injured by industrial action or the occurrence of unforeseeable, exceptional circumstances, including at his sub-suppliers, e.g >essential raw materials, etc., which he was unable to avert despite observing the care required under the circumstances of the
case, is prevented from fulfilling his delivery obligation on time, the delivery period shall be extended to a reasonable extent. Non-compliance with delivery periods only entitles the buyer to assert the rights to which he is entitled if he has granted the seller a grace period of at least 14 days in writing. The period begins when the seller receives the deadline.
The buyer can only reject partial deliveries and deliveries before the scheduled delivery time if their acceptance is unreasonable for him. The buyer is also
entitled to partial delivery during a period of grace, with the result that the buyer
has to set a new period of grace with regard to the order. If the goods are ready for dispatch
and the dispatch is delayed for reasons for which the seller is not responsible,
the risk passes to the buyer upon receipt of the notification of readiness for dispatch.
Dispatch will be provided on request of the customer is delayed, the buyer bears 0.5% of the invoice amount for each month of storage for storage in the supplier's factory or warehouse. However, the seller is entitled to dispose of the delivery item after the fruitless expiry of a
set deadline and to supply the customer again with a reasonable
extended deadline.
If the buyer delays in accepting the purchased item for more than 8 days If a notice of readiness is received in default, the seller can set the buyer a grace period of 8 days in writing with the declaration that he will refuse acceptance after this period has expired. After the grace period has expired, the seller is entitled to withdraw from the purchase contract by means of a written declaration or to demand compensation from the buyer for non-performance. In the event of non-performance by the
buyer, the seller can demand damages of 20% of the purchase price.
The amount is to be set lower or higher if the seller proves greater damage or
the buyer lesser damage.


5. Payment
(1) Invoices are payable within 10 days of the invoice date without any deductions,
unless otherwise agreed. The buyer shall bear any costs arising from a method of payment other than cash payment.
(2) If the buyer defaults on payment, the buyer bears the interest on arrears resulting from §§ 286,
288 BGB.
(3) Bills of exchange are only accepted as payment and only count as fulfillment when the value date is
on the seller's account. Discount charges are at the expense of the
buyer. The retention or offsetting of payments due to any counterclaims disputed by the
seller are not permitted.
(4) If, after conclusion of the purchase contract, circumstances become known that are likely to reduce the
creditworthiness of the buyer, or if the buyer falls behind with
the settlement of a claim, the seller is entitled to
br> to demand immediate security for all delivered and not yet paid goods
or immediate cash payment without any deductions as well as advance payments for all
goods still to be delivered and to retain goods still to be delivered until all claims have been settled. If the buyer does not comply with the seller's demand for security or payment, the seller is entitled to withdraw from all supply contracts with the buyer.

6. Retention of title
The seller retains title to the

delivered goods until full payment of all his claims
from the business relationship with the buyer. The inclusion of individual claims in a current account as well as the balancing and their recognition do not cancel the retention of title.
If the goods are resold, even if in the agreed or customary condition,
the counterclaim for the further delivery shall be assigned in full or in part to the seller in the amount of his claim on the delivered goods.

7. Warranty
(1) In order to determine any defects, the buyer must inspect the item immediately after delivery and, if an obvious defect is found, notify the seller in writing within one week. Defects that are not obvious are to be reported to the seller immediately upon discovery. If the purchaser fails to comply with the
above-mentioned cut-off periods, the item is deemed to have been approved, with the result that the purchaser loses his defect rights. If the item proves to be defective, the buyer can demand supplementary performance. The seller has the right to choose between eliminating the defect and
delivering a defect-free item.
(2) The seller can make subsequent performance dependent on the purchaser paying a part of the purchase price that is reasonable, taking into account the defect paid. The
seller can refuse the selected type of supplementary performance if it is only possible with disproportionate
costs.
The seller has the right to two supplementary performances. If a repair by the seller fails twice or if the seller refuses the subsequent performance or if the seller does not provide the subsequent performance within the reasonable period set by the seller, the buyer has the right to pay the purchase price reduce or withdraw from the contract. In addition, the buyer can demand compensation for futile expenses or damages only in the amount of the purchase contract for the defective item. The buyer's rights to withdraw and to claim damages instead of performance
are excluded if the defect in the item is insignificant.
The buyer has no rights due to defects caused by one of the product regulations
(e.g. concerning the storage, use or processing) inappropriate treatment of the delivered item by the buyer or third parties year after delivery of the item.
(4) In the case of packaging materials, the defect in part of the delivery cannot lead to a complaint about the entire delivery, provided that the parts free of defects and parts with defects can be separated with reasonable effort is. In this case, the buyer can only demand a reduction
and - if the goods are objectively worthless for the customer - withdrawal from the purchase contract,
but not higher compensation than the value of the defective purchased item,
determined according to the agreed purchase price . The seller has the right to subsequent delivery.
For lightfastness, variability and deviations in colors and nuances, as well as for the
quality of bonding, painting, impregnation and coating, the seller is only liable
insofar as defects in front of them use were recognizable with proper testing.
(5) In the case of machines that represent third-party products, the seller's liability is limited to the
assignment of liability claims against the manufacturer. After agreement with the seller, the buyer must give the necessary time and
opportunity to ensure that the seller is free of defects.
(6) In the case of raw goods, the seller hereby assigns his warranty claims against the producer to the buyer. The buyer is obliged to assert his claims for liability for defects with the producer first.

8. Marking
>The seller reserves the right to use legally required markings,
his company text, his company logo or his business identification number in accordance with
existing practice or applicable regulations on the given space for such
representations on deliveries of all kinds.

9. Liability
The seller is liable without limitation for intent and gross negligence. The seller is only liable for simple negligence - except in the case of injury to life, limb or health - if essential contractual obligations (cardinal obligations) are violated and limited to those that are typical for the contract and foreseeable Damage, but no more than three times the amount of the remuneration to which the seller is entitled under the respective contract. Liability for indirect and unforeseeable damage as well as consequential damage, loss of profit, missed savings and financial loss due to claims by third parties is excluded in the case of simple negligence.
Any further liability than in these general terms of delivery and payment is excluded - regardless of the legal nature of the asserted claim.
The liability limitations or exclusions according to the above paragraphs do not apply to
a legally prescribed no-fault liability, in particular according to the
Product Liability Act.
Insofar as the seller's liability is excluded or limited in accordance with the above clause, this also applies to the personal liability of their employees, employees, representatives
and vicarious agents.
If the buyer is a registered trader, the place of jurisdiction for all legal disputes arising from the contractual relationship as well as its origin and effectiveness is Hamburg.
The same applies if at least one of the contracting parties does not have a general place of jurisdiction
in the Federal Republic of Germany.