I. Scope of application, form
- These General Terms and Conditions apply to all our business relationships with our customers. Deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions shall be deemed to have been accepted at the latest upon delivery of the goods or provision of the service, including for future business relationships, without us having to refer to them again separately. Deviating general terms and conditions and confirmations of the customer are hereby expressly rejected. These shall only become part of the contract if they are expressly agreed to in writing in individual cases.
- Amendments or supplements to these General Terms and Conditions of Business must be made in writing. This also applies to a waiver of the above written form requirement.
IV. Delivery and delivery times
- The delivery period shall be agreed individually or specified by us upon acceptance of the order.
- In the event of force majeure, e.g. war, acts of terrorism, riots, cyberattacks or similar events beyond our control (e.g. strike, lockout) as well as late/contractual delivery to us and other circumstances for which we are not responsible, the agreed delivery period shall be extended accordingly.
- Delivery shall be ex warehouse, unless otherwise agreed.
VIII. Compensation, liability
- Any liability for claims for damages by our customers arising in connection with our services/goods is excluded, unless liability is otherwise regulated in these terms and conditions.
- In cases of simple negligence, we shall only be liable for the breach of material contractual obligations (cardinal obligations). In such cases, our liability shall be limited to the foreseeable damage typical of the contract. Claims for damages by the customer against us that are based on contractual penalty claims or other regulations that go beyond the statutory warranty are not foreseeable and typical for the contract in the above sense.
- The aforementioned limitation of liability or the aforementioned exclusion of liability in accordance with subsections 1 and 2 above shall not apply to damages resulting from culpable injury to life, limb or health. We shall also be liable without limitation for other damages if they are based on an intentional or grossly negligent breach of duty by us. Our liability under the Product Liability Act is also unlimited if the claimant proves that the defect was caused within our sphere of responsibility. Claims based on liability in the cases specified in this Section VIII.3. are subject to the statutory limitation period.
- The above exclusions and limitations of liability shall apply to the same extent in favor of our legal representatives, employees and other vicarious agents.
X. Place of performance, place of jurisdiction and applicable law
- The place of performance is the registered office of our company.
- The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Traunstein, provided the customer is a merchant. We are also entitled to take legal action at the customer's general place of jurisdiction.
- This contract, including its interpretation, shall be governed exclusively by German law to the exclusion of the conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
- If a third party abroad asserts a claim against us for compensation for personal injury and/or damage to property due to a product defect or due to an infringement of property rights, we may, at our discretion, take the necessary procedural steps at the relevant foreign place of jurisdiction to enforce any claims for indemnification or recourse against the customer if this claim is connected with a delivery made by us to the customer.