1 Scope of application
1.1 These General Terms and Conditions of Contract (GTCC) apply to all our business relationships with our customers.
1.2 Unless otherwise agreed, the General Terms and Conditions of Contract shall also apply in the version valid at the time of the order or in the version last communicated to the customer in text form as a framework agreement for similar future contracts, without us having to refer to them again on a case-by-case basis.
1.3 Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) and information in our order confirmation shall take precedence over these General Terms and Conditions of Sale. Subject to proof to the contrary, the content of such agreements shall be governed by a written contract or our written confirmation.
1.4 Legally relevant declarations and notifications by the customer with regard to the contract (e.g. notification of defects, setting of deadlines, cancellation or reduction) must be made in writing, i.e. in written and text form (e.g. letter, e-mail, fax). Further statutory formal requirements and further evidence (if necessary in case of doubt about the legitimisation of the declaring party) remain unaffected.

2 Prices and payment agreements
2.1 Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in labour, material and distribution costs for deliveries made 3 months or more after conclusion of the contract.
2.2 The customer shall bear the transport costs ex warehouse and the costs of any transport insurance requested by him. Any customs duties, fees, taxes and other public charges shall be borne by the customer.
2.3 Unless otherwise agreed, our invoices are due and payable within fourteen days of invoicing. Even within the framework of an ongoing business relationship, we are entitled at any time to provide our deliveries and services in whole or in part only against advance payment. We shall declare a corresponding reservation at the latest with the order confirmation.

3 Delivery period and delay in delivery
In the event that we are unable to meet contractually agreed delivery deadlines for reasons for which we are not responsible, we must inform the customer of this circumstance immediately and notify the customer of the expected or new delivery deadline. If a delayed delivery cannot be made due to non-availability of the service even within the newly announced delivery period, we are entitled to withdraw from the contract in whole or in part; we must immediately reimburse any consideration already provided by the customer. The non-availability of the service is given, for example, if our supplier has not delivered to us on time, if we have concluded a congruent hedging transaction, if there are other disruptions in the supply chain (for example due to force majeure) or if we are not obliged to procure in individual cases.

4 Transfer of risk, acceptance, default of acceptance
If the goods are to be dispatched to the customer, the risk of accidental loss of the goods, accidental deterioration of the goods and the risk of delay shall pass to the forwarding agent or carrier upon delivery of the goods. In the event that acceptance of the goods is contractually agreed, this shall be decisive for the transfer of risk.

5 Claims for defects by the customer, other liability
5.1 Any subsequent fulfilment to be provided by us in the event of defects shall neither include the dismantling, removal or other dis-installation of the defective item nor the installation, attachment or installation of a defect-free item.
5.2 Within the scope of fault-based liability, we shall only be liable for damages, regardless of the legal grounds, in the event of intent and gross negligence. In the event of simple negligence, we shall be liable, subject to statutory limitations of liability (e.g. care in our own affairs; insignificant breach of duty), only
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the breach of an essential contractual obligation (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner relies and may also rely). In this case, however, our liability shall be limited to compensation for foreseeable, typically occurring damage.
5.3 The limitations of liability arising in accordance with clause 5.2 shall also apply to third parties and in the event of breaches of duty by persons whose fault we are responsible for in accordance with statutory provisions.
5.4 The customer may only withdraw from or terminate the contract due to a breach of duty that does not result from a defect in the event that we are responsible for the breach of duty.
5.5 Any other right of cancellation of the customer (in particular pursuant to Sections 650, 648 BGB) is excluded.

6 Limitation period
The general limitation period for claims resulting from material defects or defects of title is one year from delivery, unless a shorter period is stipulated by law. In the event that acceptance has been contractually agreed, the limitation period shall commence at the latest upon acceptance.

7 Choice of law, place of jurisdiction and place of fulfilment
7.1 These General Terms and Conditions and the contractual relationship between us and the customer shall be governed by the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
7.2 Our registered office in Berlin is the place of fulfilment for all obligations arising directly or indirectly from the contract and at the same time the exclusive and also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.