Scope
These general terms of delivery and payment are valid if the contracting parties have agreed on them in writing or in another way.

Business conditions of the partner which aren't appreciated by us particularly aren't valid.

General regulations
The contracting parties will immediately confirm verbal agreements in writing in detail.

Orders get obligatory only with our order confirmation.

The details contained in leaflets and catalogs and illustrations are approximation values usual in the trade, unless
that they were particularly described as obligatory by us.

Long period and call contracts, price customization
Permanent contracts are terminable with a period of 3 months.

Contracts with a running time of more join (as ... at long period contracts Every contracting party is authorized for one to require an adequate customization of the price under consideration of these factors months so for an essential change of the pay, material or energy costs and permanent contracts).

If an obligatory order quantity isn't agreed, then we base our calculation on the order quantity which is expected by the partner for a particular time period and non-committal (amount of aim).

If the partner loses weight less than the amount of aim, we are authorized to increase the unit price adequately. If he loses weight more than the amount of aim, we lower the unit price adequately as far as the partner has announced the greater need at least 3 months before the delivery.

At contracts of sale on call are for us if nothing else is agreed to inform by call about obligatory lots of at least 2 months before the delivery date.

Additional costs which are caused by a delayed call or additional changes of the call with regard to the time or crowd by our partner are for its account; our calculation is authoritative.

Confidentiality
Every contracting party will only use all documents (are part of it samples, models and data, also) and knowledge which it gets from the business connection for the purposes pursued jointly and keep secret with the same care as corresponding own documents and knowledge opposite third parties if the other contracting party describes them as confidential or has an obvious interest in their secrecy.

This obligation starts as of a first receipt of the documents or knowledge and ends 36 months after the end of the business connection.

The obligation doesn't apply to documents and knowledge which generally are known or which were already known to the contracting party at receipt without it being obliged to the secrecy or which are transmitted by a third party authorized to the passing on according to this or which are developed by the receiving contracting party without utilization of documents or knowledge of the other contracting party to be kept secret.

Drawings and descriptions
If a contracting party provides the other one with drawings or technical documents over the product to be delivered or their production, these remains property of the presenting contracting party.

Sample and production means
The production costs for samples and production means (tools, forms, stencils etc.) are billed for by the product to be delivered separately provided that nothing else is agreed. This also applies to production means which must be replaced because of wear.

The costs for the maintenance and proper storage as well as the risk of a damage or destruction of the production means are borne by us.

The partner exposes the cooperation to the sample or production means during the making time or he finishes it, all production costs arisen till there are for his account.

The production means stay at least up to the carrying out of the contract of sale in our possession even if the partner has paid them. The partner is, the production means herauszuverlangen, authorized if a conjoint regulation was obtained over the time of the handing out and the partner has met his contractual liabilities on a full scale after this.

We keep the production means safe free of charge to our partner three years after the last delivery. After this we ask our partner in writing to speak about the further use within 6 weeks. Our duty to the keeping ends if within these 6 weeks no remark is carried out or no new order is given up; the production means then change into our property.

Production means may be used for Zulieferungen by us buyer drawee only with a previous written consent of our partner to third parties.

Prices
Our prices are in euros exclusively sales tax, packing, freight, postage and insurance.

Terms of payment
All invoices are due within 30 days as of date of invoice for the payment. For payment within 14 days as of date of invoice 2 per cent becomes cash discount granted provided that the partner isn't with the settlement of demands in delay.

We have indisputably delivered partly faulty goods our partner is nevertheless obliged to make the payment for the fault-free share unless that the partial delivery doesn't have interested for him. As for the rest the partner can offset only with finally established or undisputed counter-claims.

At aim transgression are we to bill for authorized, default interest in amount of the sentence, the bank to charge us at least but in the amount of 3 per cent above the respective discount rate of the Federal Bank of Germany this one for advances on account, calculated.

We can stop the fulfillment of our obligations after a written communication to the partner until the receipt of the payments at delay in payment.

Changes and checks are only accepted according to agreement as well as only fulfillment half and under the prerequisite of their Diskontierbarkeit. Discount expenses are calculated from the day of the due date of the invoice amount. A liability for a punctual presentation of the change and check and for elevation of protest of a bill is excluded.

If endangering our payment claim considerably enters after contract end because of an essential deterioration in the pecuniary circumstances of the partner, then we can demand cash in advance or safety within adequate period and refuse the performance until the fulfillment of our desire. We are entitled at denial of the partner or fruitless period expiry to withdraw from the contract or to ask compensation because of non-payment.

Delivery
Provided that nothing else is agreed, we deliver "ex works". For the compliance with the delivery date or the delivery period the report is authoritative the dispatch or ready for collection shaft through us.

The delivery period starts with the dispatch of our order confirmation and prolongs itself adequately if the prerequisites of Ziff. Being with 54.

Partial deliveries are permitted in a reasonable scale. You are billed for separately.

Within a tolerance of 5 per cent of the total order amount production conditional increase or shortages are permitted. According to your size the total price changes through this.

Dispatch and danger transition
Goods reported readily for shipment have to be taken by the partner immediately. We otherwise are authorized to send after a choice of our own or to store at the expense and the risk of the partner them.

For lack of a special agreement we choose the means of transportation and the transport route.

With the handing over to the train, the forwarding agent or the carrier or with the beginning of the storage at the latest however with leaving the work or store the danger changes, and to be more precise also, if on the partner we have taken on the delivery.

Delay in delivery
If we can foresee we will so advise the partner immediately and in writing that the product cannot be delivered within the delivery period, informing him about the reasons for it as well as informing if possible about the expected delivering time.

The delivery through one is delayed in Ziff. 54 or a prolongation adequate the circumstances of the delivery period is granted so by a behavior or refraining of the partner circumstance put on.

Reservation of title
We reserve the property for us at the delivered product until the fulfillment of all demands from the business connection with the partner.

The partner is authorized to sell these goods in the proper business as long as he meets his liabilities from the business connection with us on time. He may, however, still pawn the reservation product for safety reasons übereignen neither. He is obliged to safeguard our rights at the credited resale of the reservation product.

We are after adequate Nachfristsetzung authorized to require the handing out of the reservation product also without resignation at the expense of the partner at delay in payment of the partner.

The partner transfers all demands and rights from the sale or a letting of goods at which rights of ownership are entitled to us allowed the partner if necessary already now to save to us. We hereby accept the assignment.

The partner always carries out an eventual Be or processing of the reservation product for us. The reservation product is mixed wornly or inseparably with objects which are other and not belonging to us then we purchase the co-ownership of the new thing for the invoice value of the reservation product to the other processed or mixed objects at the time of the processing or intermixing proportionally.

Our goods are mixed connectedly or inseparably with other movable objects to a uniform thing and the other thing can be considered a main thing, the partner assigns co-ownership to us pro rata so as far as the main thing belongs to him. The partner keeps the property or co-ownership safe for us. The same applies to the thing arising from processing or connection or intermixing as for the rest like for the reservation product.

The partner has to inform us about execution measures of third parties into the reservation product, in the demands handed over to us or into other securities immediately under handing over of the documents necessary for an intervention. This also applies to impairments of another type.

We will release the securities being entitled to us after the prominent regulations on desire of the partner in this respect when the value of the goods delivered under reservation of title exceeds the demands to be secured around more than 20 per cent.

Guarantee
We guarantee for a faultless production of the product delivered by us according to the technical delivering regulations agreed on. If we have to deliver after drawings, specifications, samples etc. of our partner, this takes on the risk of the suitability for the scheduled use. The time of the danger transition is decisive for the condition of the product as stipulated in the contract in accordance with Ziff. 31.

For defects which arise from the partner or third parties, usual wear and tear, faulty or careless treatment by an unsuitable or improper use, faulty assembly or Inbetriebsetzung liability is just as little guaranteed like for the results of changes or repair work of the partner or third party carried out more improperly and without our consent.

The guarantee period goes as far as nothing else is agreed according to the law.

The partner has in writing to reproach patent defects immediately immediately on receipt of the product at the place of destination, defects concealed however at the latest within 6 months after danger transition after discovery of the fault.

If a removal of the product or a first sample examination was agreed on, the reprimand which the partner at a careful removal or first sample examination could have established is excluded by defects.

Opportunity to give to notice the reproached defect is Uns. Queried goods immediately are back send on desire to us; we take on the freight if the customer's complaint is justifiable. If the partner doesn't meet these liabilities or carries out changes without our consent at the product already queried, he loses eventual guarantee claims.

At a justifiable customer's complaint in due time we improve on the queried product after our choice or deliver a faultless substitute. The partner gives us opportunity at short notice on crowd delivery to sort out the faulty product.

If we meet these guarantee liabilities not or not as stipulated in the contract within an adequate time, then the partner can set us a last deadline in writing within which we have to meet our liabilities. After an unsuccessful expiry of this period the partner can ask reduction of the price, withdraws or lets the necessary improvement carry out alone or from a third party our expense and risk of the contract. If the improvement was successfully carried out by the partner or a third party, then all claims of the partner are settled with refund of the required costs arisen for him.

Other claims, liability
As far as nothing else gives up hereinafterly, other and further-reaching claims of the partner are excluded against us. This applies particularly to damage compensation entitlements from impossibility of the performance from a culpable injury of contractual side duties, from faults at contract end and from a forbidden action from delay. We therefore aren't liable for damages which haven't arisen at the delivered product themselves. We primarily aren't liable for escaped profit or other fortune damages of the partner.

Prominent limitations of liability don't apply to firm intention at a gross negligence of our legal representative or executive as well as at a culpable injury of essential contractual duties. We are only liable for the contract typical, reasonably enough foreseeable damage at a culpable injury of essential contractual duties unless in the cases of the firm intention or the gross negligence of our legal representatives or executive.

Furthermore the limitation of liability isn't valid in the cases in which the delivered product is adhered to objects used privately according to product liability law at faults for persons or property damages. It doesn't apply to lack qualities to protect the partner against damages which hasn't arisen at the delivered product himself if and as far as the assurance has just aimed of assured either.

As far as our liability is excluded or restricted, this also applies to the personal adhesion of our employees, employee, employee, legal representative and fulfillment assistants.

The legal regulations to the burden of proof remain untouched of this.

Acts of god
Acts of god, industrial actions, disturbances, official measures, non-appearance of Zulieferungen of our suppliers and other unforeseeable, inevitable and serious events free the contracting parties from the obligations for the duration of the disturbance and on the scale of their effect. This is also valid if these events arise at a time in which the contracting party concerned is in delay. The contracting parties are obliged immediately to give the required information in the context of the reasonable one and to adapt their obligations to the changed conditions after faithful and faiths.

Place of performance, place of jurisdiction and applicable right
Provided that nothing else arises from the order confirmation, our business seat is place of performance.

For all on the right disputes also in the context of a change and check process our business seat is place of jurisdiction if the partner full merchant, a legal entity of the public law or a separate property under public law is. We are also authorized to complain at the seat of the partner.

The right of the Federal Republic of Germany exclusively has to be applied to the contract relation.

The application of the convention of the united nations of April 11th, 1980 over treaties on the goods purchase (CISG -- "Viennese purchase right") is excluded.