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General contract conditions



1. Our offers are generally subject to change. This applies to price, quantity, delivery times and delivery options.


2. Contracts are only concluded with our express confirmation. Orders are deemed to have been accepted even in the event of tacit execution. Since the seller only sells its products in standard packaging, quantity deviations of plus/minus 10% are reserved.


3. Subsidiary agreements made orally must be in writing to be effective.


4. Seller may increase the price or change the freight compensation or payment terms at any time after at least 30 days' written notice. If the buyer does not raise any written objections before the deadline, this will be viewed as consent. If the buyer raises objections, the seller is free to continue to deliver at the previous price, freight reimbursement and payment terms or to terminate the contract with immediate effect by means of a written declaration. Neither party can derive any rights from this, particularly claims for damages.


5. Any increases in customs duties, duties, freight, costs for raw materials, changes in currency parities and all similar increases in prices for which the seller is not responsible shall be borne by the buyer between confirmation and delivery. If the buyer does not agree to this within 10 days - silence is deemed to be consent - the seller has the choice of continuing to supply the buyer at the current price or terminating the contract with immediate effect by giving written notice of termination.


6. Seller is not responsible for any delay in delivery or non-delivery caused by circumstances beyond Seller's control, including, but not limited to, acts of God, fire, flood, war, government action, failure of equipment, accidents, strikes, shortage of labor , Difficulties in obtaining materials, packaging or transport space. Due to such circumstances that affect the execution of the purchase contract, the seller is entitled to postpone delivery for a corresponding period of time or, if the period is longer, to withdraw from the contract. In the event of slight negligence, the buyer's claims for damages due to delay or impossibility are limited to the purchase price of the delayed or missing part of the delivery. This also applies in the event of gross negligence.


7. The goods generally travel at the buyer's risk. If delivery free of charge is agreed, the seller also covers the transport insurance.


8. Payment deadlines are only considered met if the invoice amount is available to the seller on the last day of the deadline at the latest. Bills of exchange or checks will only be accepted as payment, after prior express agreement. The seller is entitled to charge default interest of 7% above the current discount rate of the Deutsche Bundesbank for invoices outstanding after the due date.


9. Offsetting against claims of the seller with counterclaims that are disputed or have not been legally established is excluded. The same applies to the execution of rights to refuse performance and rights of retention. The buyer's rights under this contract may not be assigned to third parties unless otherwise agreed in writing.


10. If the buyer breaches the contract or has reasonable doubts about his creditworthiness, the seller is entitled to make further deliveries only against advance payment or security, regardless of any payment terms granted. All open invoices are due immediately. In addition, without prejudice to other rights, the seller is entitled to terminate the contract after a reasonable grace period has expired.





All goods are delivered by the seller subject to retention of title. They remain the property of the seller until all future claims arising from all business relationships have been paid in full.
Further processing is carried out for us as a manufacturer within the meaning of Section 950 of the German Civil Code (BGB) without any obligation on our part. If, in the case of §§ 947 Para. 2,948 BGB, the buyer's main item is one of them, the buyer transfers his co-ownership share to us now, in the ratio of the invoice value of the reserved goods to the total value of the new main item. If the processing takes place together with other materials, we acquire joint ownership in the ratio of the invoice value of our goods to that of the other materials. The co-ownership acquired in this way is considered reserved goods, which the buyer stores for us.
The resale of the goods subject to retention of title is only permitted in the normal course of business and can be prohibited by the seller in the case of Section 1. 10. Claims from resales are hereby assigned to the seller until all of the seller's invoices have been settled in the amount of the outstanding amount. The latter hereby accepts the assignment. If the value of the existing securities exceeds the total claims by more than 20%, the seller is obliged to release securities of his choice at the buyer's request.





1. In the event of defects in the goods or incorrect delivery, the warranty is based on subsequent delivery. Any legal or other liability beyond this - regardless of the legal basis, including Sections 823 ff. of the German Civil Code (BGB) - or warranty regarding the quality of the delivered goods or their suitability for a specific purpose is hereby excluded - except in the case of gross negligence.


2. Warranty claims due to defects in the goods are also excluded if the goods were sold according to a sample and the sample was found to be good or if the buyer inspected the lot before purchase. The same applies to the purchase of goods that do not correspond to the type if, according to the order confirmation, "NT goods" were expressly purchased. Otherwise, samples only serve as illustrative objects to show the approximate character of the goods. The seller is only liable for certain properties of the goods if he she has expressly guaranteed this in writing in the order confirmation.


3. Specified complaints from the buyer due to a material defect, incorrect delivery or quantity deviation due to an immediate inspection must be received by the seller within 10 days of delivery. They are completely excluded after the goods have been processed. The decisive time for the contractual condition of the goods is the time at which the goods leave the shipping warehouse. Buyer is not entitled to return goods without our consent.


4. All warranty claims for defects become invalid if the buyer does not give the seller the opportunity to check the identity of the goods in question and the defects raised on site and does not immediately provide samples upon request. These claims will also become invalid if any treatment or processing of the goods is not stopped immediately after the defects are discovered or if the seller's goods are mixed or combined with goods of a different origin.


5. Warranty claims expire at the latest one month after the seller has rejected the complaint in writing.


6. Complaints of defects do not entitle the customer to withhold payments.





1. The application technology advice provided by the seller, both verbally and in writing, is non-binding - also with regard to any third-party intellectual property rights - and does not exempt the buyer from examining the products delivered by the seller for their suitability for the intended processes and purposes. The buyer assumes all claims that may be made against the seller due to any violation of third-party property rights through the import or use of the goods delivered by the seller.


2. The exclusive place of jurisdiction for all claims and disputes arising directly or indirectly from transactions concluded by the seller, including in the case of bills of exchange liabilities and lawsuits on bills of exchange, is Hamburg.


3. We are entitled to process the data received about the buyer regarding the business relationship or in connection with it, regardless of whether it comes from the buyer himself or from third parties, in accordance with the Federal Data Protection Act.


4. If one of the above-mentioned provisions is ineffective, this does not affect the effectiveness of the remaining provisions. The ineffective provision must be replaced by another one. which comes as close as possible to the economic purpose of this provision.

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