Please note that we enter into this and future agreements exclusively on the basis of our following General Terms & Conditions of Business.

Deliveries are made only to registered businesses, not to private persons.

1. General provisions
The following terms and conditions apply to all agreements between us and our contractual business partners (hereinafter “Customer”) and to our offers, even if we do not expressly refer to them in a particular instance. Oral agreements are subject to written confirmation by us. We are not bound by any of the Customer’s terms and conditions of business that we do not expressly acknowledge, even if we do not expressly refuse to be bound by them in a particular instance.

2. Contracts
Our offers are subject to change without notice. A contract is concluded by way of our written order confirmation. For deliveries made at short notice, the invoice issued may take the place of a written order confirmation.

3. Prices
3.1 Services and supplies are invoiced at the prices in effect on the date on which the order is received unless a different price has been offered in writing. All prices are exclusive of statutory value-added tax.

3.2 Cost estimates are based on the prices in effect on the date on which they are issued. They take only foreseeable expenses into account and are non-binding.

4. Delivery period
4.1 We specify delivery dates to the best of our ability.

4.2 Our ability to meet delivery deadlines is conditional on timely receipt of the proper supplies from our own suppliers.

4.3 Instances of force majeure or other adverse events that prevent us from fulfilling our obligation exempt us from fulfilling our obligation for the duration and extent of their effects. If the delay subsequently makes delivery impossible or unacceptable to either of the two parties, both parties may withdraw from the contract. The Customer is barred from claims for damages against us in respect thereof. In the event of default or of an inability to perform for which we are at fault, the Customer shall be entitled to withdraw from the contract subject to the conditions imposed by law. Item 10 of these Terms & Conditions apply to claims for damages.

5. Shipping/passage of risk
Shipping is at the Customer’s expense. The risk of accidental destruction or accidental deterioration shall pass to the Customer upon delivery to the shipping agent.

6. Warranty/Liability for defects
6.1 The Customer must promptly, and no later than three days after delivery, confirm that the service or shipment received is complete and correct. Written notification of defects that are apparent upon proper inspection must be given within three days of delivery; written notification of non-obvious defects, or of defects that are not apparent upon proper inspection, must be given within seven days of being discovered. The Customer must allow the time necessary for rectification or substitute performance.

6.2 The Customer’s rights in respect of defects are predicated on the assumption that the Customer has met its inspection and notification duties as per the previous paragraph. If a defect exists, we are entitled to rectify it or effect substitute performance at our discretion. If such rectification or substitute performance fails, the Customer has the right to reduce payment or, if the defects at issue are not trivial, to withdraw from the contract. Our refusal to rectify a defect and any unacceptability to the Customer are tantamount to failure of rectification or of substitute performance. Claims due to the Customer arising from defects are subject to a limitation period of one year after delivery of the item. Any claims asserted by the Customer under a right of recourse (§ 478, 479 BGB) remain unaffected. Claims for damages under the German Product Liability Act [Produkthaftungsgesetz] or arising from an injury to life, body, or health caused by a defect are not limited by the preceding provisions. Also not limited by this provision are other claims for damages under warranty law in the case of gross negligence, wilful misconduct, or breach of material contractual duties. Item 10 of these Terms & Conditions apply in respect thereof.

6.3 We will bear the shipping costs in the event of an accepted warranty claim, but not in the event of a claim under a guarantee.

7. Disposal
7.1 model-tray products are manufactured for the most part from recyclable materials, and we accept their return for recycling only if they are delivered to us at no charge. Items bearing the recycling symbol can also be disposed of through the generally available disposal channels.

7.2 Disposal and recovery of sales packaging in Germany
We are registered with an authorised service provider in the dual system and with the packaging register in accordance with the legal requirements (VerpackV [Verpackungsverordnung, German Packaging Regulation]).

7.3 Disposal of waste equipment
In Germany, waste equipment must be taken to the community collection points, as all equipment is marked with the crossed-out waste bin symbol and may not be disposed of through household waste. We are registered with the Stiftung elektro altgeräte register [Waste Electrical Equipment Register Foundation] (EAR) pursuant to the legal requirements (ElektroG [Elektro- und Elektronikgerätegesetz, German Electrical and Electronic Equipment Act]). We accept waste equipment from customers in other European countries for final disposal. The Customer must, however, contact us at our corporate address before sending us such equipment. The Customer must bear the shipping costs for its return. No other disposal costs will accrue to the Customer.

8. Payment
8.1 Payment by foreign customers
Unless otherwise agreed in writing, payment may be made in advance or by credit card (American Express, Visa, Master/EuroCard).

8.2 Payment by domestic customers
Unless otherwise agreed in writing, invoices are due and payable net by transfer within 14 days of the invoice date. In the event of a default of payment, default interest will be charged at the rate of 8 percentage points above the base interest rate. Invoice reductions, regardless of the reason for them, are not permitted.

8.3 The Customer may only offset claims which are not in dispute or which are final and absolute against amounts owed to us.

8.4 Orders made in error do not oblige us to take back or exchange goods. If goods are nonetheless taken back or exchanged ex gratia, any such adjustment as may be necessary to compensate for a difference in value may be claimed only in the form of a credit towards future purchases of goods.

9. Retention of title
9.1 Delivered goods remain our property until all amounts due from the Customer in connection with the delivery have been paid. This retention of title applies to all accounts receivable arising from the business association, including future receivables arising from contracts entered into at the same time or later.

9.2 The Customer is entitled to sell the reserved goods in the ordinary course of business as long as the Customer is not in default. Pledging and assignments by way of security are not permitted. The Customer hereby assigns to us by way of security and in full such claims as may arise from resale of the reserved goods or other legal grounds (insurance, tortious acts) relating to the reserved goods. We hereby accept such assignment. We authorise the Customer, subject to revocation, to collect the accounts receivable that are assigned to us in its own name. We may not make use of our right of revocation as long as the Customer duly meets its payment obligations and as long as no circumstances come to our knowledge that would substantially reduce the Customer’s creditworthiness. If the conditions for exercising this right of revocation are met, we may demand that the Customer disclose to us the assigned receivables and the identity of the debtor, provide all information necessary for the collection of such receivables, hand over all pertinent records, and notify the debtor of the assignment. In addition, we are also entitled to give the debtor notice of the assignment ourselves.

If the value of our existing security interests exceeds our receivables by more than 10% in total, we are obliged to relinquish equivalent security interests of our choice at the Customer’s request.

9.3 In the event of seizure of the reserved goods by third parties, the Customer is obliged to notify them immediately and advise them of our ownership.

10. Liability
10.1 We are not liable for breach of extra-contractual or non-essential contractual duties resulting from ordinary negligence. For breaches of material contractual duties resulting from ordinary negligence, and for grossly negligent breaches of contractual duties, our liability is limited in amount to typical foreseeable damage. This provision also applies to extra-contractual liability. “Material contractual duties” are defined as duties upon the performance of which proper performance of the contract depends and in which the Customer ordinarily trusts, and should be able to trust.

Our liability for damages arising from injuries to life, body, or health or under the German Product Liability Act remains unaffected.

10.2 The preceding limitations of liability also apply to the benefit of our employees, organs, and other agents.

11. Place of performance and legal venue
11.1 The place of performance for deliveries and payments is, for both Parties, Hamburg.

11.2 In the case of contracts with merchants and private persons whose permanent place of residence is outside the European Union, the legal venue for all contracts made with us or disputes relating to them is Hamburg.

11.3 The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).