GTC

(1) Our deliveries and services are provided exclusively in accordance with the following General Terms and Conditions of Sale and Delivery. The version stored on our website at the time of the order shall apply. These General Terms and Conditions shall also apply to all future transactions between the contracting parties without the need to refer to them again. They shall also apply even if we do not expressly refer to them in subsequent contracts, in particular even if we provide deliveries or services to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our General Terms and Conditions of Sale and ^Delivery1. We do not recognize deviating terms and conditions of the customer unless we have expressly agreed to their validity in text or written form.

(2) All agreements made between us and the customer for the purpose of executing this contract are set out in text form in this contract. Amendments and/or additions to this contract, including this provision, must be made in text form to be effective. The formal requirement can only be waived by declaration in text form. These terms and conditions shall be deemed to have been accepted at the latest upon receipt of goods or services (including services). Counter-confirmations by the customer with reference to his terms and conditions of business or purchase are hereby rejected.

(3) Our Terms and Conditions of Sale shall only apply to companies within the meaning of Section 310 (1) BGB. The customs and practices applicable in commercial transactions shall be taken into account appropriately.

(4) We are entitled to assign the claims arising from our business relationships.

(1) Our offers to the customer are subject to change and non-binding. The customer’s order is binding within the meaning of § 145 BGB. However, we reserve the right to object to the order within two (2) weeks of receipt in text form or in the form in which the order was placed. This is particularly the case if an objection to our terms and conditions of sale and delivery or offer is attached to the customer’s order.
However, a contract is concluded at the latest by the unconditional provision of the ordered deliveries or services at the agreed delivery time. Subsidiary agreements, amendments and performance data require our confirmation in text form.

¹ Customer: Person or organization receiving products or services intended for or required by them.

(2) We reserve ownership rights and copyrights to illustrations, drawings, calculations, product names, plans and other documents. These documents may only be made accessible to third parties with our express consent, which must be given at least in text form. These documents must be returned to us on request.
The contracting parties undertake to treat all non-public and technical details that become known to them through the business relationship as business secrets.

(3) The documents, drawings, weights and dimensions, performance and consumption data as well as the technical data and descriptions in the respective product information belonging to our offer are binding. Information from advertising materials and illustrations is non-binding and of a purely informative nature. They represent neither agreed qualities nor guarantees of quality or durability of the products to be supplied by us or the services to be rendered by us, hereinafter also referred to as delivery items/objects.

(4) We are entitled to change the materials of our delivery items specified in our offer or agreed with our customer without our customer’s consent, provided that the material change does not lead to any change in the properties and functionalities of the ordered delivery items.

(5) In the case of sales based on samples or specimens (e.g. prototyping), these shall only guarantee that the goods are in accordance with the professional sample, but shall not constitute the assumption of a guarantee within the meaning of Section 276 (1) BGB or a guarantee for the quality or durability of the items to be supplied by us within the meaning of Section 443 BGB.

(6) If the delivery item is used outside Germany, the scope of delivery for occupational safety and environmental protection devices shall be based on the agreement made. If no such agreement exists or if there are doubts as to which regulations are to be applied, the regulations applicable in the Federal Republic of Germany shall apply. The customer shall be responsible for compliance with statutory or other regulations at the place of use.

(7) If customary clauses on the type of delivery are agreed, the Incoterms (ICC) of the International Chamber of Commerce in Paris in the version valid on the day of the conclusion of the contract shall apply for the interpretation.

The customer’s credit limit is the invoice value of our service that has not yet been paid by the customer at the time the goods are dispatched. Our employees are not authorized to make verbal collateral agreements in addition to the written offer. If the credit limit is exceeded, we are released from our obligation to deliver. The customer is given the option of paying in advance.

(1) The prices agreed upon conclusion of the respective contract shall apply. If a price is not expressly determined or if the delivery item is purchased by the customer at list prices, the prices valid on the day of delivery shall apply in accordance with our price list, which can be sent on request.

(2) All prices listed in our price list are exclusive of packaging, postage, transportation, tolls, freight insurance, copyright levy, statutory VAT and other ancillary costs. All deliveries are made at the expense and risk of the buyer.

(3) The statutory value added tax (VAT) is not included in our prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.

(4) If a quantity discount has been agreed and the agreed minimum quantity required for the respective discount (price reduction granted under certain conditions) is not reached for reasons for which the customer is responsible, the price according to the price list valid at the time of the agreement shall be deemed agreed unless a different price has been agreed for the lower quantity purchased, which shall then apply. The price difference shall be invoiced to the customer.

(5) Unless otherwise agreed in text form in individual cases, all public charges (taxes, fees, customs duties, currency fluctuations, etc.) arising from or in connection with the conclusion or execution of the contract shall be borne by our customer.

(6) The deduction of discounts requires a special agreement in text form.

(7) The customer shall be in default of payment, without the need for a reminder, upon expiry of the payment period stated on the invoice. The statutory provisions regarding the consequences of default in payment shall apply.

(8) We are entitled to offset incoming payments first against older claims, then against costs and interest on the main service and only finally against the main service itself. The customer shall only be entitled to set-off and retention rights if his counterclaims have been legally established, recognized by us or are not disputed. Furthermore, the right of retention shall only exist if the asserted counterclaim is based on the same contractual relationship as the claim.

(9) Unless otherwise stated, we shall be bound by our offers for only 4 weeks from the date of the offer. The prices from our order confirmation shall be binding unless price changes are made on the basis of these General Terms and Conditions of Sale and Delivery.

(1) Delivery times stated by us are non-binding if they have not been expressly agreed as binding in text form. If delivery times have been expressly agreed in text form as binding, the following provisions in paragraphs 2 to 9 of Section IV of these General Terms and Conditions of Sale and Delivery shall apply.

(2) The start of the stated delivery time presupposes the clarification of all technical questions or complete clarification of all execution details. They always exclude the transportation period. Agreed delivery periods are only approximate unless a fixed-date transaction within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB has been expressly agreed in text form. In the event of a delay in delivery in such a fixed-date transaction or if the customer is entitled to claim that his interest in the further performance of the contract has ceased to exist, we shall be liable in accordance with the statutory provisions.
The delivery deadline shall be deemed to have been met when the products are handed over to the forwarding agent or carrier.
Compliance with our delivery and performance obligations presupposes the timely and proper fulfillment of the customer’s obligations. If an advance payment has been agreed or if documents, approvals or releases are to be procured by the customer in order for us to provide the service, the delivery period shall not commence until all the aforementioned requirements have been met. We reserve the right to plead non-performance of the contract.

(3) We shall only be in default after the expiry of a reasonable grace period set by the customer. If the delay in delivery is not due to an intentional breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage. The same limitation of liability shall apply if the delay in delivery for which we are responsible is due to a culpable breach of a material contractual obligation.

(4) If the customer proves that he has suffered damage as a result, we shall be liable in the event of negligent delay in delivery for each full week of delay within the scope of a lump-sum compensation for delay amounting to 3% of the delayed delivery value, but not more than 15% of the delayed delivery value.

(5) We are entitled to make partial deliveries and render partial services within the agreed delivery and service times if this is reasonable for the customer. In the case of supply contracts, each partial delivery and partial performance shall be deemed an independent performance. Delivery periods shall be extended by the period during which the customer itself is in default with the fulfillment of its contractual obligations.

(6) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to compensation for the damage incurred by us in this respect, including any additional expenses (e.g. storage). We reserve the right to assert further claims.

(7) If the conditions of paragraph (7) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.

(8) In the event of force majeure and other unforeseeable, extraordinary circumstances for which we are not responsible, such as, for example operational disruptions due to fire, water and similar circumstances, breakdown of production facilities and machinery, failure to meet delivery deadlines and delivery failures by our suppliers as well as operational interruptions due to shortages of raw materials, energy or labor, strike, lockout, difficulties in procuring means of transport, traffic disruptions, official interventions, pandemics, we are entitled – insofar as we are prevented from fulfilling our performance obligations on time through no fault of our own due to the aforementioned circumstances – to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. If the delivery or service is delayed by more than one month as a result, both we and the customer shall be entitled to withdraw from the contract with regard to the quantity affected by the delivery disruption, to the exclusion of any claims for damages.

Visible differences in quantity must be reported to us and the transportation service provider in text form immediately upon receipt, concealed differences in quantity within 4 working days of receipt. Acceptance of the delivery items from the transportation service provider shall be deemed as acknowledgement and proof of correct quantity, proper wrapping and loading. Furthermore, in the event of an accidental delivery by us without this being based on an order by the customer, the customer undertakes to notify us in text form within 14 days at the latest of such an incorrect delivery and to keep the delivery items ready for collection by a transport service provider to be commissioned by us.

(1) Products and services (product catalog)
Products and services purchased in excess or incorrectly by the customer will only be taken back with our express consent and in perfect condition. A cost contribution of 20% of the net invoice amount will be charged to the customer.
Transportation costs shall be borne by the customer, as shall any necessary reworking of the products and services. Damaged or non-reusable products and services will not be reimbursed.

(2) Order-related products and services (special products)
All products and services not included in the product catalog are considered special products. Cancellation or return of such products is excluded.

(1) The risk of accidental loss and accidental deterioration of the products shall pass to the customer upon handover of the products, in the case of sale by dispatch upon delivery of the products to the forwarding agent, carrier or other person or company designated to carry out the shipment, but at the latest when the products leave our premises. The customer shall also bear the risk of accidental loss and accidental deterioration of the delivery items if partial deliveries are made or if we have exceptionally assumed other services, e.g. provision costs, transportation costs and/or public charges (taxes, fees, customs duties, etc.). If dispatch is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer from the day on which the goods are ready for dispatch.

(2) If the customer notifies us in text form with a notice period of 10 days before the delivery date and this request has been confirmed by us in text form, we shall cover the (partial) delivery with transport insurance; the customer shall bear the costs incurred in this respect.

(3) If our products and services are to be dispatched by us as agreed with our customer, we shall choose the mode and route of dispatch unless we have agreed otherwise with our customer in text form. In this case, too, the provisions of Section IV shall apply.

(1) The delivered products and services shall remain our property until the purchase price and all other current or future claims to which we are entitled from the business relationship with the customer have been paid in full. If the customer acts in breach of contract, in particular in the event of default of payment, we shall be entitled to take back the delivery items. If we take back the delivery items, this shall constitute a withdrawal from the contract. After taking back the delivery items, we shall be authorized to sell them; the proceeds from the sale shall be set off against the customer’s liabilities – less reasonable selling costs.

(2) The customer is obliged to treat the products and services supplied by us with care; in particular, he is obliged to insure them sufficiently at replacement value at his own expense against loss, damage and destruction, e.g. fire, water and theft. The customer hereby assigns his claims from the insurance contracts to us. We hereby accept this assignment.
The customer may neither pledge nor assign by way of security the products and services owned by us. In the event of seizure or other interventions by third parties, the customer must inform us immediately in text form so that we can secure our rights. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO) or other reasonable costs necessary to secure and enforce our rights, the customer shall be liable for the loss incurred by us.

(3) In accordance with the following provisions, the customer shall be entitled to resell the delivered products and services in the ordinary course of business; however, he hereby assigns to us all claims accruing to him from the resale against his customers or third parties, irrespective of whether the delivery item has been resold without or after processing, in the amount of the final invoice amount (including VAT) of our claim with priority over the remaining part of his claims. The customer shall remain authorized to collect these claims even after the assignment. Our authorization to collect the claims ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of composition or insolvency proceedings has been filed and payments have not been suspended. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

(4) At our request, the customer must provide evidence of the individual claims assigned to us and notify its debtors of the assignment, requesting payment to us up to the amount of our claims against the customer.

(5) The processing or transformation by the customer of the products and services delivered by us subject to retention of title shall always be carried out on our behalf without any liabilities arising for us. If the products and services supplied by us subject to retention of title are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the products and services supplied by us (final invoice amount, including VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item resulting from the processing as to the products and services delivered under reservation of title.

(6) If the products and services delivered by us subject to retention of title are inseparably mixed or combined with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the products and services delivered by us (final invoice amount, including VAT) to the other mixed or combined items at the time of mixing or combining. If the mixing or combination is carried out in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis. The customer shall keep the resulting sole ownership or co-ownership for us. The customer shall be entitled to dispose of the products and services newly created by processing or transformation or combination or mixing in the ordinary course of business as long as he meets his obligations arising from the business relationship with us in good time.

(7) However, under no circumstances shall the customer be authorized to resell or otherwise utilize these new products and services under agreement of a prohibition of assignment with his customer, to pledge them or to assign them as security. The customer hereby assigns to us by way of security his claims arising from the sale of these new products to which we are entitled to ownership rights to the extent of our ownership share in the products and services sold. If the customer combines or mixes the delivered products and services with a main item, he hereby assigns to us his claims against the third party up to the value of our delivered products and services. We hereby accept these assignments.
We undertake to release the securities to which we are entitled at the customer’s request to the extent that the realizable value of our securities exceeds our claims against the customer to be secured by more than 10%; we shall be responsible for selecting the securities to be released.

(1) Claims for defects by the customer presuppose that the customer has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code). The notification of defects must be made in text form. In the period from delivery to the notification of defects, the customer shall bear the burden of proof for the proper handling of the delivered products and services and their product-specific storage.

(2) Warranty claims shall only exist if the customer immediately provides us with all information we deem necessary to determine the cause of the defect in our products and services and the scope of our responsibility and/or gives us the opportunity to carry out our own investigations, which may also be carried out at the respective location of the goods. If a defect is not detected or if a defect cannot be found, the customer shall bear the costs of investigating the alleged cause of the defect.

(3) Quality and durability guarantees for special features (warranted characteristics) as well as other independent guarantee obligations shall only be assumed if they are agreed as such in text form. In principle, only our product description shall be deemed agreed as the quality. Public statements, promotions or advertising do not constitute a contractual statement of quality. If the customer receives faulty assembly instructions, we shall only be obliged to supply faultless assembly instructions and only if the fault in the assembly instructions prevents proper assembly.

(4) The customer shall not receive any guarantees from us in the legal sense. Manufacturer warranties remain unaffected by this.

(5) In the event of a delayed or improperly asserted notice of defects, the customer shall lose his rights in respect of defects, unless the defect has been fraudulently concealed by us.

(6) The customer shall not be entitled to warranty rights for defects in the case of used goods or goods agreed as declassified. The same applies to deviations, in particular in dimensions, thicknesses, weights, performance data or color shades, which are within the tolerances customary in the industry, as well as to insignificant reductions in the value or suitability of the products and services.

(7) If there is a defect in the products and services, we shall be entitled, at our discretion, to subsequent performance in the form of rectification of the defect or delivery of a new defect-free item. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the delivery items have been taken to a place other than the place of performance.

(8) If the subsequent performance fails, the customer shall be entitled, at his discretion, to demand withdrawal or a reduction in price.

(9) In deviation from the statutory provisions, we shall only be liable if the customer asserts claims for damages based on intent or gross negligence. This limitation of liability to intent or gross negligence shall also apply to our representatives or vicarious agents. Insofar as we cannot be accused of intentional breach of contract, the liability for damages shall be limited to the foreseeable, typically occurring damage.

(10) Otherwise, we shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in any case, however, the liability for damages shall be limited to the foreseeable, typically occurring damage.

(11) Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.

(12) Unless otherwise stipulated above, liability is excluded.

(13) The customer’s rights of recourse against us in accordance with § 478 BGB shall only exist insofar as the customer has not made any agreements with his buyer that go beyond the statutory claims for defects.

(14) The limitation period for claims for defects is 12 months, calculated from the transfer of risk.

(15) The limitation period in the case of delivery recourse according to §§ 478, 479 BGB remains unaffected; it expires at the earliest two months after the time at which the customer has fulfilled the consumer’s claims.

(1) Defective products must be sent or delivered to the address stated on the returns form or, if agreed, to the supplier, stating the model and serial number, as well as a copy of the delivery or invoice documents with a precise description of the defect.

(2) The replacement of individual parts, assemblies or entire devices shall not result in any new warranty periods with regard to claims and rights due to defects. Excluded from this is the limitation period for parts affected by the removal of defects.

(3) In addition, our current returns conditions apply. You can request these conditions at the email address: service@peicom.com.

(1) Any further liability for damages other than that provided for in Section IX. is excluded, regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage pursuant to Section 823 BGB. In the case of invitations to tender and the awarding of contracts (public or private), the provisions of VOB or VOL shall not apply; instead, our General Terms and Conditions shall apply. We are not liable for damage that has not occurred to the delivery item itself, in particular we are not liable for the loss of data, loss of profit or other financial losses of the customer.

(2) Liability for injury to life, body or health for which we are responsible and mandatory liability under the Product Liability Act shall remain unaffected.

(3) The limitation according to para. 1 shall also apply if the customer demands compensation for useless expenses instead of a claim for damages.

(4) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

(5) We shall not be liable for the loss of data, its recovery or other consequential damage resulting therefrom if the damage would not have occurred if the customer had properly backed up its data. Proper data backup requires that the customer backs up his data every working day in accordance with the state of the art, in particular that he makes backup copies in machine-readable form so that this data can be restored with reasonable effort. Liability for data loss shall in any case be limited to the typical restoration costs that would have been incurred if the data had been properly backed up.

(6) We shall not reimburse any costs for inspection and processing in the event of a failed delivery or a delivery that does not comply with the contract. In the event that our customers are able to claim damages, additional costs or inspection costs due to failed deliveries or deliveries that do not comply with the contract, irrespective of existing liability exclusion regulations, our supplier shall be obliged to reimburse us for these costs and to indemnify us against the claim.

(1) In principle, unless otherwise agreed, delivery shall only be made after prior payment (advance payment).

(2) In the case of delivery on account, the modalities must be agreed separately. If the customer does not comply with the separately agreed terms of payment, invoices are due immediately, unless otherwise agreed. If payment by SEPA direct debit has been agreed and the customer has issued us with a corresponding SEPA direct debit mandate, the following shall apply:

a) As a rule, we shall announce the forthcoming direct debit collection in advance together with the invoice (or via another communication channel agreed with the customer) no later than 1 (one) calendar day before the direct debit is due (advance notification/”prenotification”). In individual cases, the amount debited may differ from the amount communicated in the statement/bill or in the pre-notification if the customer has received credit notes and/or correction vouchers or individual transactions have been canceled in the period between the creation of the statement/bill or the transmission of the pre-notification and the due date. In individual cases, the amount debited may differ from the amount stated in the individual statement/invoice or in the individual advance information if the customer has issued us with the SEPA mandate as a framework mandate for several contractual relationships, the customer receives a separate statement/invoice – and correspondingly a separate advance information – for each contractual relationship as agreed, but the respective statement/invoice amounts have the same due date. In this case, the total amount (= sum of both statements/invoices) will be collected on the due date. The customer is obliged to ensure that there are sufficient funds in the bank account specified in the SEPA mandate and to ensure that the amounts due can be collected by us. This obligation shall also apply if, in individual cases, the customer does not receive advance information or does not receive it in good time.

b) In the event of returned direct debits or in similar cases of failed payment transactions, we shall pass on any bank charges incurred to the customer, unless the customer is not at fault or can prove that lower costs were actually incurred.

(3) A payment shall be deemed to have been made when we can dispose of the amount.

(4) Any discounts granted may only be deducted if all due invoices have been paid on time. The date of receipt of payment by us shall be decisive.

(5) If the customer is in default of payment, we shall be entitled to charge annual interest at a rate of 9% above the prime rate from the day after the default occurs. We reserve the right to prove and claim higher damages caused by default. In the event of default of payment, all rebates, discounts and other remunerations granted shall lapse.
All claims shall become due immediately if the customer is in default of payment, culpably fails to comply with other material obligations under the contract or if we become aware of circumstances that are likely to reduce the customer’s creditworthiness, in particular suspension of payments and/or the pendency of insolvency proceedings. In such cases, we shall be entitled to withhold or refuse outstanding deliveries or to perform only against advance payment or securities.

The products and services are intended for normal commercial use in accordance with the operating instructions and are not intended for use in critical safety systems, nuclear power plants, military facilities, medical devices with a life-support function, aircraft or for the manufacture of weapons. No liability is assumed for use in these areas.

(1) We shall only be liable for claims arising from the infringement of third-party property rights and copyrights (hereinafter: property rights), of which at least one from the property right family is published either in Germany or by the European Patent Office, if the products and services are used in accordance with the contract. If a third party raises justified claims against the customer due to the infringement of property rights by products and services provided by us and used in accordance with the contract, we shall be liable to the customer within the period specified in Art. VIII. No. 13 as follows:

a) We shall, at our discretion, either obtain a right of use for the products and services concerned, modify them in such a way that the property right is not infringed, or replace them. If this is not possible for us under reasonable conditions, the customer shall be entitled to the statutory rights of withdrawal and reduction.

b) Our obligation to pay damages is governed by Art. IX.

c) The aforementioned obligations shall only apply if the customer notifies us immediately in text form of the claims asserted by the third party, does not acknowledge an infringement and leaves all defensive measures and settlement negotiations to us. If the customer ceases to use the delivery in order to minimize damages or for other important reasons, he is obliged to point out to the third party that the cessation of use does not constitute an acknowledgement of an infringement of property rights.

(2) Claims by the customer are excluded if the customer is responsible for the infringement of property rights.

(3) Claims of the customer shall also be excluded if the infringement of property rights is caused by special specifications of the customer, by an application not foreseeable by us or by the fact that the delivery is modified by the customer or used together with products and services not supplied by us.

(4) Insofar as we are not liable according to Art. XI. (1) – (5), the customer shall indemnify us against all third-party claims.

(5) The contracting parties undertake to inform each other immediately in text form of any risks of infringement and alleged cases of infringement of which they become aware and to give each other the opportunity to counteract such claims by mutual agreement.

(6) At the customer’s request, we shall notify the use of published and unpublished own and licensed industrial property rights and applications for industrial property rights to the products and services supplied.

(7) Software programs are provided in accordance with the license conditions of the respective licensor. The scope of performance of the software results from the license conditions of the licensors as well as the service descriptions and other user instructions which are printed.

(1) The customer agrees to the free use of his name and company logo by us for reference purposes. The customer’s company logo shall be marked as a reference for this purpose and, in the event of termination of the business relationship from the following year, shall be provided with a corresponding addition (…to + year). This does not constitute any further authorization to provide information and details about the contractual relationship or its details. The customer may withdraw this consent in text form with effect for the future. Advertising material already created or commissioned by us at the time of withdrawal is not covered by the withdrawal of consent.

(2) The customer shall be permitted to use our name and our company logo exclusively for reference purposes during the existence of the business relationship with reference to the reference purpose, unless we expressly object to such use in text form.

(1) Deliveries of products and services to the customer are subject to statutory and official provisions and regulations. These include national and international regulations, export control regulations and embargoes, including those imposed by organizations (European Union, United Nations, etc.) or third countries. In the case of unilateral orders by third countries, this regulation shall only apply if non-compliance would lead to a market restriction or impairment of our company or our employees and bodies that we cannot reasonably be expected to accept.

(2) The contracting parties undertake to provide all information and documents required for the export, shipment or import. Delays due to export inspections or approval procedures shall suspend deadlines and delivery times. If the necessary approvals are not granted, the contract shall be deemed not to have been concluded with regard to the parts concerned; claims for damages shall be excluded in this respect and due to the aforementioned failure to meet deadlines. The costs of an approval procedure or an export permit shall be borne solely by our customer.

The customer is obliged to keep confidential all information made available to him in connection with the deliveries or the daily cooperation, which is clearly recognizable as our business or trade secrets due to other circumstances. This information shall be deemed to be confidential for an unlimited period of time and, unless this is necessary to achieve the purpose of the contract, shall not be recorded, passed on to third parties or utilized in any way.

We may link to pages of other companies or organizations on our website. We have no influence on the current design, content or authorship of the linked pages. They are outside our sphere of influence. Liability for illegal, incorrect or incomplete content and in particular for damage resulting from the use or non-use of such information provided on third-party websites lies solely with the provider of the linked website.

(1) The place of performance for deliveries and payments arising from contracts subject to these General Terms and Conditions of Sale and Delivery shall be the registered office of our company.

(2) The place of jurisdiction for all disputes between the parties arising from or in connection with contracts subject to these General Terms and Conditions of Sale and Delivery, including any actions on checks, shall be the registered office of our company. However, we are also entitled to sue the customer before any other court.

(3) The legal relations between the contracting parties shall be governed exclusively by the law applicable in the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(4) This also applies to claims that are not based on a contract but on tortious claims or claims in rem or claims under the law of enrichment.