For all contracts, deliveries and other services, including future contracts, with domestic or foreign entrepreneurs, legal entities of public law and public-law special assets, only our delivery and payment conditions set out below apply. Purchase and delivery conditions of the buyer, even if we do not explicitly object to them, only bind us if they are acknowledged in writing by us. At the latest with the acceptance of our delivery or service, our delivery and payment conditions are deemed to be accepted. Offers and prices are always subject to change. Contract conclusion and other agreements are only binding through our written order confirmation. The written order confirmation can be replaced by sending our delivery note or our invoice. A deadline of four weeks is granted for acceptance of an order, starting from the receipt of the order.

Prices apply, if not otherwise agreed, ex-warehouse Oldenburg, excluding packaging plus VAT at the respective legal amount. Payment, unless otherwise expressly agreed, is to be made in cash net. Open invoices are immediately due in full, even if we have granted payment deadlines or instalments, as soon as the buyer has resold the goods. From the due date of our claim, we charge annual interest at a rate of 9 percentage points above the base interest rate according to § 247 BGB or higher interest that we have to incur for the use of bank credit. If the buyer is in default of payment of due invoice amounts, we can call all our claims from all business transactions due, regardless of the term of any incoming and credited bills, and refuse to carry out further deliveries or make them dependent on advance payment.

Offset and assertion of a right of retention against our claims is only permissible with undisputed or legally established counterclaims of the buyer.

The delivery times stated by us are approximate and non-binding. The delivery deadline begins at the earliest with confirmation of the order by us. The delivery deadline is met if the goods are loaded or our readiness to ship has been communicated to the buyer before the deadline expires. If delivery deadlines or dates are exceeded by us, the buyer is not released from setting a grace period of at least four weeks and threatening to reject performance after the deadline has expired if he wants to withdraw from the contract or claim damages. Unless explicitly agreed otherwise, we deliver "ex works". Goods reported ready for shipment are to be taken over by the buyer without delay. Otherwise, we are entitled to ship the goods to the address of the buyer resulting from the order, at the buyer's cost and risk. The method and type of transportation are at our discretion, unless explicitly agreed otherwise. Insurance of the goods only takes place at the buyer's request and at the buyer's cost. We are also entitled to store the goods at the buyer's expense. With the transfer of the goods to the railway, the forwarder or the carrier, or at the latest with the departure from the factory or the warehouse, the risk passes to the buyer, even if we have taken over the delivery. The buyer bears the storage costs, in case of storage by us, at least 0.5% of the invoice amount for each started month. If after conclusion of the contract there are labor disputes, in particular strike or lockout or other acts of higher force outside of our influence, which were not recognizable at the time of the contract or prevent timely delivery, at us or our suppliers, the delivery deadline is extended accordingly by the duration of the obstruction. If the obstruction of delivery lasts longer than 8 weeks, the buyer may withdraw from the contract. We are freed from our delivery obligation and may withdraw from the contract if we are not properly, not in time or not at all supplied from a corresponding purchase contract, without any fault on our part. If delivery on call is agreed, the call must be declared by the latest agreed date for this purpose, otherwise within a reasonable period after conclusion of the contract. If this does not happen even after our request within the period set by us, we may withdraw from the contract and claim damages for non-performance. If the buyer does not take over the purchased goods after the expiry of a grace period of 2 weeks set for him, or if he explicitly declares before that he does not want to take over the goods, we may withdraw from the contract and claim damages for non-performance. This is usually 40% of the purchase price without special evidence, unless the buyer proves that no damage was suffered or only suffered to a lesser extent.

The buyer is to inspect the delivery immediately, but no later than four working days after receipt. Any defects, inaccuracies or incompleteness that are established or obvious must be reported to us in writing and specifically, no later than four working days after delivery. Defects that cannot be detected even with careful inspection must be reported in writing immediately after they are discovered. Warranty claims are excluded if the inspection of the delivery or the notice of defects does not take place within the time limit specified above. Routine or reasonable deviations in quality, color, weight or designs could not be criticized. By resale or further processing of the goods, this is deemed approved at the latest. The warranty claims of the buyer are initially limited to rectification. We can deliver a replacement for the defective goods instead of rectifying them, at our discretion. The buyer must give us the necessary time and opportunity to rectify the defects, in particular, the buyer must make the disputed delivery or, if we consider it sufficient beforehand, a sample of it available to us without charge. When assessing the defectiveness, partial deliveries must be assessed separately. If the defective part can be separated or sorted out of one of the deliveries, the buyer must accept the other part as fulfillment. The separated part is to be assessed on its own. If a defect cannot be remedied by rectification or replacement delivery, the buyer can reduce the purchase price. A claim of the buyer for rescission or replacement delivery is excluded, unless the defective goods are unsalable.

Warranty claims are not transferable. The prerequisites for the consideration of warranty claims are the fulfillment of the buyer's contractual obligations, in particular, with respect to payment. Claims for damages based on a material defect are governed by clause VI. The warranty for used goods is excluded. Any warranty is excluded for deliveries from or consisting of damaged parts. No warranty is given for handelsübliche Größensortierung for deliveries from or consisting of residual parts. Documents belonging to the offer, such as brochures, samples, etc. are only approximately decisive, unless otherwise agreed. We will only assume a warranty for the quality or durability if this is explicitly and in writing.

Ownership of the goods delivered will only pass to the buyer when he has settled all of his obligations towards us arising from the business relationship. Pledging or security assignment of goods subject to retention of title is not permitted without our consent. The buyer is entitled to sell the goods subject to retention of title within the framework of his normal business operations, but in the case of delivery to commercial buyers on his side only subject to retention of title. The buyer is obliged to insure the goods subject to retention of title against losses or damages that are insurable in the industry, in particular against lightning, embezzlement, fire, explosion, theft, and all kinds of water damage. He hereby assigns all claims and rights against third parties that are due to him from resale, insurance, or other legal transactions in connection with the goods, including all accessory rights, in full amount to secure all claims due to us. If the value of the claims assigned to us for security exceeds our claims by more than 20%, we are obliged to transfer them back to the extent required by the buyer. The buyer is irrevocably authorized to collect the claims against his buyers as long as he meets his payment obligations to us in an orderly manner. If he does not meet his payment obligations fully or partially, he is obliged, at our request, to inform his buyers of the assignment of claims, to provide us in writing with the buyers, the amount of his claims, and the location of our goods, and to refrain from collecting.

Processing of the goods subject to retention of title is performed by us as manufacturer under Section 925 of the German Civil Code, without creating any obligations for us. If the buyer processes the goods subject to retention of title with other goods not belonging to us, we are entitled to co-ownership of the product produced in proportion to the goods subject to retention of title compared to the other goods used in the production. The thing resulting from processing is subject to retention of title within the meaning of this section. We are entitled to demand delivery of the goods in our ownership at any time if the fulfillment of our claims is endangered or the buyer or his buyers breach one of their obligations. A right of retention cannot be claimed against this right of delivery, unless the buyer provides security in an amount equal to the new value of the goods demanded. The demand for delivery should only be seen as a withdrawal from the contract if we explicitly declare this in writing. The buyer must inform us immediately in writing of any expected or actual interventions by third parties in our ownership or the claims and rights assigned to us - in particular enforcement measures and seizures - and of any damage to our ownership. The buyer is obliged to compensate us for all damages incurred by us as a result of such interventions. The buyer is also obliged to compensate us for any damages incurred by us as a result of a breach of the obligations mentioned in this section.

Unless otherwise stated, claims for damages by the buyer and compensation claims outside of Section 478 of the German Civil Code (BGB) are excluded against us. This applies in particular to claims for damages due to breach of obligations under the contract and tort. Therefore, we are not liable for damages that have not occurred to the delivered goods themselves. In particular, we are not liable for lost profits or other financial losses of the buyer. The above limitation of liability does not apply in cases of intent, gross negligence of our statutory representatives or senior employees, and culpable violation of essential contractual obligations. In the latter case, liability for simple negligence is limited to the typical, reasonably foreseeable damage. The liability limitation also does not apply in cases where errors of the delivered goods are liable under the German Product Liability Act for damages to persons and property in privately used objects. It also does not apply in cases of injury to life, body or health or in the case of warranties of quality or durability, if and to the extent that these warranties were specifically intended to protect the partner against damages that have not occurred to the delivered goods themselves. To the extent that liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, statutory representatives, and agents. The legal provisions on the burden of proof remain unaffected.

All warranty and damages claims of the buyer shall expire within a period of one year from the transfer of risk. This does not apply if the law mandates a longer period or provides a different starting point in favor of the buyer or in the cases of Section VI, paragraph 2.

The buyer shall immediately notify us in writing of any change of residence or business location. Any changes to these conditions require our written confirmation for their binding effect. This also applies to a waiver of this form requirement. In the event of the invalidity of individual conditions, the contract and the remaining conditions remain valid.

Unless otherwise stated in the order confirmation, the place of performance is Oldenburg/Oldenburg. The place of jurisdiction, also in the case of exchange and check proceedings, is Oldenburg/Oldenburg or the buyer's place of residence, at our discretion. The law of the Federal Republic of Germany shall exclusively apply to the contract relationship. The United Nations Convention of 11.04.1980 on Contracts for the International Sale of Goods (CISG- "Vienna Sales Law") is excluded.