1. General terms and conditions (GTC)

1.1 The content of this contract is our following General Terms and Conditions. Terms and Conditions. The customer's own terms and conditions are hereby rejected. The law of the Federal Republic of Germany shall apply exclusively. Sales law is excluded. Agreements are only binding in written form; verbal collateral agreements are not valid.

1.2 Our offers are always subject to change with regard to prices and delivery options. Cost estimates for repairs are prepared as accurately as possible, but are non-binding.

1.3 The information provided by the seller on the properties of the items sold, e.g. dimensions, operating costs, etc., in any type of publication is to be regarded as approximate.

1.4 An assignment or transfer of rights or obligations arising from this contract is only permitted with our written authorisation.

1.5 Contracts are only concluded with our written order confirmation, the content of which is authoritative. The customer is obliged to check the order confirmation immediately and must report any deviations from his order without delay. If no objection is made to the order confirmation within 8 days of receipt, the order is recognised by the customer. The order confirmation is also deemed to be the order (our original form with GTC on the reverse), the delivery note or the invoice.

1.6 The place of performance and fulfilment as well as the place of jurisdiction for all obligations arising from this contract, this also applies to contracts with merchants who do not belong to the persons of § 4 HGB (German Commercial Code) and with legal entities under public law or special funds under public law, is the registered office of our company or Ansbach (place of jurisdiction). However, we are entitled to sue the customer at his general place of jurisdiction.

1.7 Changes in the design, form and execution made by us or our supplier during the delivery period shall also apply to our customer. The copyright to drawings shall remain with us. Without prior written authorisation, drawings may only be used for the purpose for which they were entrusted to the recipient. They may not be made accessible to third parties in any way.

2. Prices and terms of payment

2.1 Unless otherwise stated, our prices are quoted in EURO strictly net, ex seller's registered office, excluding any other costs incurred, which will be charged to the customer in addition to the statutory VAT.

2.2 Foreign buyers must provide us with the export certificate required for VAT exemption. If this is not submitted, the value added tax must be paid.

2.3 Purchase prices and service charges are due for payment three days after the invoice date, at the latest upon delivery of the goods or provision of the service, and are to be paid net cash. We are entitled to offset payments against older liabilities plus any default interest and reminder costs incurred. Part payments shall be deemed to have been made first for the oldest due dates. In this respect, the customer waives the defence of the statute of limitations.

2.4 Discounts and other price reductions are excluded if the Buyer is in arrears with payments for earlier deliveries or services.

2.5 The Seller is not obliged to accept means of payment other than cash. If he accepts other means of payment, this shall only be done subject to the correct receipt of payment and the charging of all costs incurred.

2.6 If the customer is in arrears with a due payment, we shall be entitled to refuse any outstanding services on our part and to demand full payment in cash before delivery or provision of services, without any payment deadline. This shall also apply to deliveries owed under other contracts with the customer.

2.7 In the event of default in payment, the customer shall owe default interest in the amount of 10 % p.a.. We reserve the right to assert higher damages caused by default. The non-commercial customer reserves the right to prove that a damage exceeding the statutory default interest has not occurred at all or is significantly lower.

3. Offsetting, retention, assignment, retention of title

3.1 Offsetting against our claims with counterclaims is excluded unless these are undisputed or have been recognised by declaratory judgement. . The assertion of a right of retention by the customer from previous or other current transactions is excluded .

3.2. Bleibt der in das Handelsregister eingetragene Käufer mit einer Rate eine Woche nach Fälligkeit im Rückstand, oder wird über sein Vermögen der Konkurs oder das gerichtliche Vergleichsverfahren eröffnet, so wird der gesamte Rest des Kaufpreises, auch soweit Wechsel auf ihn gegeben sind, sofort fällig. Für alle anderen Käufer gilt, wenn Sie mit zwei aufeinanderfolgenden Raten ganz oder teilweise im Verzuge sind , so wird der ganze Restkaufpreis fällig.

3.3 If the remaining purchase price due is not paid immediately, the Buyer's right to use the subject matter of the contract shall expire and the Seller shall be entitled to repossess the subject matter of the contract, without this constituting unauthorised interference and without waiving its claims. For this purpose, the seller is authorised to enter the property (premises) on which the subject matter of the contract is located and to remove the subject matter of the contract, whereby the payments already made to the seller cannot be reclaimed by the buyer under any circumstances. The seller may refuse to hand over the goods until his claims have been satisfied in full. He is authorised to dispose of the object of the contract on the open market. The buyer shall be liable for any reduced proceeds. The proceeds realised from a resale shall be offset against the outstanding balance. All costs arising from the repossession of the subject matter of the contract shall be borne by the buyer. We are free to seize the subject matter of the contract. It shall not be deemed a waiver of the retention of title. In the event of realisation of a pledge, the purchaser loses his right to fulfilment of the contract.

3.4 If the purchase of the subject matter of the contract is financed by a third party, the buyer shall assign to us in advance all claims to which he is entitled against third parties for payment of the financing amount in the amount of the agreed remuneration.

3.5. Sämtliche Gegenstände bleiben bis zur vollständigen Erfüllung aller Verbindlichkeiten des Käufers aus der Geschäftsverbindung Eigentum des Verkäufers. Der Eigentumsvorbehalt gilt auch für alle sonstigen Forderungen als vereinbart, die im Zusammenhang mit dem Vertragsgegenstand stehen.

4. Delivery

4.1 The seller bears no responsibility for transport damage of any kind. The transfer of risk or deliveries to/at the buyer are always to be understood as ex seller's registered office. Deliveries shall be made at the Buyer's expense.

4.2 Delivery periods shall be deemed agreed as approximate. The prerequisite for the commencement of a delivery period is always the clarification of all technical and other details of the order by the Buyer. This includes the provision of necessary documents and agreed advance payments.

4.3. Wünscht der Besteller die Auslieferung der Ware, so handelt es sich um einen Versendungskauf und nicht um eine Bringschuld. Versandwege und -mittel sind unserer Wahl überlassen. Mit der Übergabe der Ware an den berechtigten Empfänger (z.B. Spediteur), geht die Gefahr auf den Besteller über, dies gilt auch, wenn der Transport mit unseren eigenen Fahrzeugen durchgeführt wird, sowie bei Teil- oder Frankolieferungen.

4.4. Versand von Ersatzteilen oder Reparaturstücken erfolgt auf Kosten des Empfängers per Nachnahme. Das ersetzte Stück wird Eigentum des Verkäufers.

4.5 Execution or delivery deadlines shall be extended appropriately - even if a delay has already occurred - in the event of force majeure and all unforeseen obstacles occurring after conclusion of the contract for which we are not responsible, e.g. operational disruptions, strikes, disruptions to transport routes, etc.. The same shall apply if such circumstances occur at our suppliers or subcontractors.

4.6 Under no circumstances shall we be liable for delays or non-deliveries by upstream suppliers. We assign any claims for compensation against upstream suppliers to the purchaser.

4.7 Deliveries accepted or expressly confirmed by the buyer or his authorised representative (e.g. forwarding agent, carrier) from the seller's place of business shall be deemed to have been duly delivered.

5. Warranty

5.1 The Seller warrants the goods to be free from defects in material and workmanship for a period of six months from the date of delivery to the first customer only.

5.2 Complaints about defects must be made in writing no later than 8 days after receipt of the subject matter of the contract. If the defects are not hidden, they must be reported in writing immediately after discovery, within 8 days, with immediate cessation of use. In the event of failure to comply with the deadline for complaints, no warranty shall be considered.

5.3 If there is a defect for which we are responsible, we shall be entitled to remedy the defect at our discretion. The warranty shall only apply if the Buyer delivers the subject matter of the contract, or after consultation with us, individual parts to our registered office, postage or carriage paid, and has an inspection report drawn up by us.

5.4 Decisive for the guarantee is exclusively the test report according to the test protocol and the decision of the seller. In all cases, only the part that shows the defect in the material or in the workmanship will be replaced. Any compensation for direct or indirect damage in any form whatsoever is expressly rejected.

5.5 The warranty for parts not manufactured by us is limited to the assignment of claims against third parties.

5.6 No guarantee is given for the durability of the paintwork or the failure of a particular colour.

5.7 No guarantee is given for goods that are expressly labelled as "special items", "used" or similar in offers, price lists or invoices etc.

5.8 We accept no liability for difficulties arising from the provisions of industrial property rights in the event of resale or use of the delivered goods.

5.9 Any further claims of the customer, in particular claims for damages including loss of profit or other financial losses of the customer are excluded. The above limitations of liability shall not apply if the cause of damage is based on intent or gross negligence.

5.10. The warranty obligation shall lapse if repairs or replacement of individual parts are carried out without our written consent by a party other than the party authorised by us. The same shall apply if the subject matter of the contract has been modified by a third party or if it is established that the relevant provisions of the Road Traffic Licensing Regulations regarding the permissible total weight or the chassis load-bearing capacity or the permissible speed have been exceeded.

5.11. Damage caused by negligent or improper handling, natural wear and tear or assembly errors are excluded from the warranty.

6. Place of jurisdiction is Würzburg