General Terms and Conditions of Delivery and Payment:

1. General provisions

  1. All goods, services, and offers provided by us are subject exclusively to the terms and conditions set forth below. This also applies to all future transactions with our contracting party, even if our terms and conditions are not agreed upon again separately in each individual case.
  2. The terms and conditions of purchase or other terms and conditions of business of our contracting party do not apply, even if we do not expressly object thereto. They are not binding on us even if, upon entering into an agreement, we make reference to a document of our contracting party that contains or refers to such party’s terms and conditions.

2. Formation of agreement, prices

  1. Our price indications (identified by an offer number) are non-binding.
  2. Orders placed by our customers are binding on us only if we acknowledge them by way of a numbered acknowledgement or acknowledgement of receipt or fulfill them by delivering the goods or providing the services. We may accept orders within three weeks after receipt. Orders accepted by way of acknowledgement of receipt are subject to our review, particularly with regard to the necessary credit limit requirements that apply to our contracting party. After a positive review, we will send a separate acknowledgement.
  3. Mere electronic acknowledgements (in EDI format) of receipt of electronic orders do not constitute acceptance of an order.
  4. Information on the goods or services in question (particularly weights, dimensions, colors, design or other technical data) are deemed to be only approximate unless the usability for the contractually intended purpose requires exact conformance. Such information is not deemed to constitute guaranteed quality features (garantierte Beschaffenheitsmerkmale). Deviations customary within the industry and legally or technically necessary adjustments are permissible insofar as the usability for the agreed-upon purpose is not adversely affected thereby. We will inform our contracting party without delay of any deviations or adjustments.
  5. Our prices are valid for the scope of goods and services stated in the acknowledgement. Additional or special services will be billed separately.
  6. Unless otherwise agreed, all of our prices are in Euros ex works without packaging and loaded free on truck (applicable Incoterm 2010: FCA nobilia Verl). Packaging is billed at cost. Freight charges must be advanced without discount by the contracting party upon request or reimbursed without discount.
  7. Unless otherwise agreed, all prices are subject to all taxes, customs duties, and any other fees and charges that may apply. These will be billed at the rates applicable at the time of invoicing.
  8. If more than six months have elapsed between the acknowledgement or the acknowledgement of receipt and the call off (Abruf) of the on-demand order, we reserve the right to bill our prices as applicable at the time of delivery. We will also pass on any price reductions. In the event of a price adjustment, our contracting party will receive a new acknowledgement.
  9. Any technical information or advice is provided purely as a courtesy and excluding any liability unless the rendering of advice is expressly agreed in writing as part of our services.

3. Delivery, delivery periods

  1. The stated delivery periods or dates are approximate only unless a fixed delivery period or fixed date has been expressly agreed. We are entitled to give notice of a specific delivery date (delivery advice).
  2. Our contracting party is obligated to accept the delivery on the date specified in the delivery advice. We reserve the right to charge any costs we incur as a result of delays in accepting the delivery.
  3. Unless otherwise agreed or otherwise handled by us to the contracting party’s benefit, deliveries are made ex works without packaging and loaded free on truck (applicable Incoterm 2010: FCA nobilia Verl). If we are obliged to deliver the goods to the contracting party, the contracting party shall ensure suitable conditions for unloading at the destination, in particular, a level footprint for trucks, a loading ramp for level unloading and sufficient distance from moving traffic.
  4. Unless otherwise agreed, the risk of loss and price will pass to the contracting party upon the transfer of the goods to the shipper. This also applies if delivery is paid for by us. Transportation insurance will obtained only at the contracting party’s request, and only at the contracting party’s expense.
  5. We are entitled to make reasonable partial deliveries if the partial delivery is usable by our contracting party within the scope of the agreed-upon purpose and if the contracting party does not incur significant additional effort or additional costs due to this. Partial deliveries will be billed at the value of the partial delivery and are payable by the contracting party pursuant to the provisions of section 5.
  6. We assume no responsibility for delays in delivery due to force majeure or other events that were not foreseeable at the time of the formation of the agreement and for which we are not responsible (e.g. strikes, lawful lockouts, shortage or lack of raw materials, energy, or labor, incorrect or delayed delivery by our suppliers, or other disruptions in business operations (Disruptions)). In this case, the delivery period will be extended at least by the time required to eliminate the Disruption, insofar as the Disruption affects production or shipping of the goods. We will notify the contracting party of the commencement and end of such Disruptions without delay by way of a “delivery to be delayed letter”.
  7. If the Disruption should make delivery significantly more difficult or impossible for us and if the Disruption is not temporary, we may rescind the agreement in whole or in part. Any payments made must be returned without delay in the event of a rescission. Additional claims for damages by our contracting party are excluded. A non-temporary Disruption as defined above is assumed if it lasts longer than five weeks. If it becomes unreasonable for the contracting party to accept the goods due to a non-temporary Disruption, the contracting party may also rescind the agreement by setting a time limit by way of a written declaration to us.

4. Call-off, order cancellations

  1. Orders that have been acknowledged on-demand, but without specification of a delivery week, must be called off by our contracting party with a suggested delivery week (delivery date: on-demand). Agreed-upon delivery periods will not commence until the order has been called off.
  2. If the contracting party does not call off the goods within a period of one week after our request or within six months after acknowledgement, we are entitled to rescind the agreement (cancellation) or to deliver goods that have already been produced without setting any further time limits or without any further notification to the contracting party, to a warehouse at our facility or to a warehouse at the facility of a third party, in any case at the contracting party’s expense. No cancellation notice will be sent.
  3. In the case of orders with acknowledgement of receipt that have not been positively reviewed, particularly with regard to the necessary credit limit requirements, within six months after acknowledgement of receipt, we are entitled to rescind the agreement (cancellation). No cancellation notice will be sent.