AGB

General payment and delivery conditions

1. All sales and transactions are made exclusively according to the following terms and conditions. Deviating agreements, in particular, conflicting business conditions, require the express written consent. With the placement of the order and conclusion of business, the customer acknowledges the conditions as binding.
   Any deviating terms of the customer are only binding if they are confirmed by us in writing. Oral off require in each case our written confirmation.

   Any deviating terms of the customer are only binding if they are confirmed by us in writing. Oral off require in each case our written confirmation.   

2. Agreements made by word of mouth require our written confirmation. They shall be subject to self-delivery provided we have concluded a congruent supply transaction. The documents pertaining to the offer - such as illustrations, drawings and colour information - are only approximately specified. This does not apply to the specified dimensions    .

3. Our sales prices are ex works, unless otherwise agreed.

4. The dispatch shall take place on account and at the risk of the customer. Packaging is charged at cost and recredited at 2/3 of the calculated value for prepaid shipments. Cartons cannot be taken back.

5. In the event of complaints, we shall be given the opportunity to make an on-site inspection. If there is a defect, the customer is limited to demand an exchange of the goods free-of-charge. Claims for damages are excluded due to indirect or direct damage. Claims cannot be asserted for processed goods. The limitation period for the warranty from the delivery is 6 months. The warranty for electrical and moving parts is also 6 months. In addition, a warranty is excluded as far as defects due to improper handling. Complaints are to be communicated without culpable delay.

6. The merchandise supplied by us remains our property until full payment has been maid including ancillary claims, claims for damages and the honouring of cheques and bill of exchanges.

7. The purchaser hereby assigns the claim along with all ancillary rights arising from the resale of the reserved goods - including any balance of claims - to the seller.   
   If the goods have been processed, mixed or combined and the seller has acquired co-title to the amount of the invoiced value, the seller shall be entitled to the purchase price demanded proportionally to the value of its title to the goods.   
   If reserved goods are installed by the purchaser in a property/building, the purchaser shall now assign the claims resulting from the sale of the property or property rights to the amount of the value of the goods subject to retention with all subsidiary rights and with priority above the remainder    .      
   If the purchaser sells the claim within the framework of genuine factoring, the claim of the seller becomes due immediately and the purchaser assigns the lieu of claim against the factor to the seller and shall forward its sales proceeds immediately to the seller    .

8. The purchaser is authorised, as long as he meets his payment obligations to collect the claims assigned. The entitlement to collect debts shall lapse in case of revocation, at the latest in case of the purchaser's default or in case of significant deterioration in the purchaser's financial situation.   
   In this case, the seller is hereby authorised by the purchaser to inform his customers about the assignment and to collect the claims himself.   
   Upon request, the purchaser will be obligated to provide a precise list of claims with the name and address of customers, the amount of each claim, the dates of invoices etc. and to give the seller all information required to assert the claims assigned and to permit verification of this information    .

9. If the value of all of the seller's securities effectively exceeds the existing claims by more than 20%, then the seller is obliged to release the security to the purchaser or, due to over-collateralisation on the part of the seller, to an affected third-party, in the manner of the purchaser's choice.

10. The place of fulfilment is the headquarters of the contracting party. If both parties are general merchants, Remscheid is the place of jurisdiction.