GENERAL TERMS AND CONDITIONS

Conclusion of Contract The following conditions apply to this and all subsequent transactions with the seller and are considered accepted at the latest upon acceptance of the goods. Delivery is made exclusively under the following conditions. Deviating conditions of the buyer are not valid. This also applies if we do not expressly contradict the other conditions. Deviating agreements require written form in any case. Contracts for delivery are either concluded by placing an order or by delivery. All requests for amendments require written confirmation from us for validity. Sales based on brochures merely constitute a non-binding visual inspection. Deviations in quantity of up to 10% lower or higher due to safety or filling conditions are considered contractually valid. Such quantity deviations will be taken into account in invoicing.

Prices The valid prices on the day of delivery or partial delivery are decisive. We reserve the right to charge for freight and packaging. We deliver free of freight within Germany for orders worth 500 euros net or more. For a net value of goods below 50 euros, we charge a low quantity surcharge of 7.50 euros. The statutory value-added tax will be separately invoiced.

Delivery Deliveries are generally made at the buyer’s risk and expense. All postage and freight expenses are borne by the buyer. If there are indications that the customer’s creditworthiness is at risk, we may request advance payment of the purchase price or delivery by cash on delivery at our discretion. If our deliveries are refused, all resulting costs are borne by the buyer. Our delivery periods and dates are always considered approximate. Deviating agreements require written form. Events of force majeure, public legal restrictions, as well as strikes and lockouts entitle us to withdraw from the contract. Compensation for non-performance or delay is excluded in such cases. This also applies in the event of non-timely delivery by our supplier, which is not caused by us. The place of performance for both parties to the contract is 74211 Leingarten, with jurisdiction in Heilbronn. The risks of transportation from the factory are always borne by the buyer, even in the case of free freight delivery or deliveries free of charge. This also applies if the buyer delays shipment. We do not cover transport damage or loss of goods. When the buyer picks up the goods at our premises, the loading of the vehicle and compliance with legal regulations are the responsibility of the buyer or their representative. Unloading and storage of the goods are at the buyer’s risk in any case. If our employees assist in unloading or filling and cause damage to the goods or other property of the buyer, they do so at the sole risk of the buyer and not as our agents.

Return of Goods Goods delivered by us will only be taken back by prior agreement with us. The return must be free of charge. We charge 15% of the value of the goods for returns.

Payment Invoices must be paid within 10 days with a 2% discount or within 30 days net. All payments are to be made free of charges at the location of our company. Deviations require our written consent. All claims are to be interest-bearing from the due date. We reserve the right to assert further default damages. Furthermore, in cases of payment default, we are entitled to immediately demand all outstanding claims from the business relationship. We exclude set-off with counterclaims unless the rights of retention are based on the same contractual relationship. In case of payment default, we are also entitled to demand cash payment before any delivery. If the payment default is not remedied even within a reasonable grace period, we reserve the right to withdraw from the contract or demand damages for non-performance.

Packaging Rental containers are to be returned to us in a cleaned and flawless condition at the buyer’s expense or returned free of charge to our vehicles against confirmation of receipt. Attached labels must not be removed. Rental containers must not be exchanged or filled with other goods. The buyer is liable for depreciation, exchange, and loss without regard to fault.

Retention of Title Until full payment of all claims, all goods delivered by us remain our property. This also applies to all ancillary claims and any default interest. If the buyer fails to fulfill their payment obligations despite a grace period or other contractual obligations properly, we are entitled to demand the goods subject to retention of title without further setting a deadline. A withdrawal from the contract occurs only if we communicate this in writing in these cases. We reserve the right to assert damages due to default or damages for non-performance. The buyer hereby expressly assigns any claims arising from the resale to us for the security of all our claims. The buyer is only authorized to collect the assigned claims on their own account and in their name as long as they properly fulfill their contractual obligations. In the event of a breach, the buyer must notify their customers of the assignment. Upon our request, the buyer must refrain from any disposal of the claims and must immediately notify us of any third-party claims to the reserved goods and the assigned claims. The buyer undertakes to immediately remit the proceeds from the sale of our reserved goods to us. Goods in which we have ownership must be expressly exempted by the buyer from the transfer of security.

Warranty If the goods delivered by us to the buyer were not manufactured by us but obtained from upstream suppliers, we fulfill our warranty obligations by assigning all warranty claims against our upstream suppliers to the buyer. The buyer accepts this assignment as a fulfillment. The buyer must promptly inspect the goods and their packaging for material defects upon delivery in accordance with customary commercial practices. If the goods are delivered in shipping units, the buyer must also check the labeling of each shipping unit for conformity with the order. Any identified defects must be promptly reported in writing by the buyer. Obvious defects are excluded from warranty after five days from the receipt of the goods at the destination. This also applies in the event of an accidental incorrect delivery, even in the case of such significant deviations that approval of the goods by the seller must be considered excluded. In the case of a hidden defect, the buyer must report this within one week of its discovery. In any case, the complaint of a hidden defect is excluded after eight weeks from the receipt of the goods at the destination.

Final Provision The nullity, contestability, or ineffectiveness of one or more provisions of these General Terms and Conditions does not affect the validity of the remaining contract. If necessary, the other contractual conditions are to be interpreted or reinterpreted in such a way that the economically intended purpose of the ineffective provisions is achieved in a legally permissible manner.

Applicable Law/Jurisdiction German law applies, and Heilbronn is agreed upon as the place of jurisdiction.