1 Scope of application

The contents are protected by copyright or other industrial property rights. All rights reserved. In particular, reprints, making available to the public, in particular through inclusion in third-party Internet offers and online services, links and reproductions on data carriers of all kinds, e.g. CD-ROM, DVD-ROM, etc., including excerpts, may only be made with the prior written consent of CNC-METAL-PROCESSING. CNC-METAL-PROCESSING shall not be liable for unsolicited content, manuscripts, photos, etc. or for the content of websites to which reference is made by means of a link or content that is expressly or impliedly identified as third-party content, e.g. by means of a copyright notice or corresponding branding.

2 Offer or conclusion of contract

Offers are subject to change and non-binding. This also applies with regard to price quotations, drawings, illustrations, dimensions, weights and other items. Performance data are only binding if this is expressly agreed in writing. The buyer is bound to his order for 30 days. Orders require our written confirmation or execution by us to be legally effective.

3 Prices

Unless otherwise agreed, the prices quoted by us are ex place of dispatch, plus packaging and shipping costs as well as the currently valid value added tax.

4 Delivery times

Delivery dates and deadlines must be agreed in writing to be effective and are always non-binding unless expressly agreed otherwise. Partial deliveries are permissible.

5 Shipping and transfer of risk

Shipment shall be at the risk and expense of the buyer. The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse for the purpose of dispatch. If dispatch is delayed or made impossible through no fault of our own, the risk shall pass to the buyer upon dispatch of the notification of readiness for dispatch to the buyer. In the event of a corresponding written order from the buyer, deliveries will be insured on his behalf and for his account.

6 Notice of defects

Defects must be notified by the buyer in writing without delay, at the latest within 2 weeks after receipt of the goods. Hidden defects which are not discovered within this period must be notified immediately after discovery. Defective delivery items are to be sent to us by the buyer at his own expense. If the notification of defects is justified, we shall reimburse the buyer for the costs incurred by a customary dispatch.

7 Remedying defects

Before the limitation period for claims based on defects expires, defective goods shall be repaired or a replacement delivery shall be made at our discretion, to the exclusion of other claims based on defects. The period is 2 years for consumers and 1 year for other buyers. Multiple remedies are permissible. Other claims for defects, in particular reduction or rescission, may only be asserted in the event of a final failure of rectification or replacement delivery.

8 Liability

Liability for any form of impossibility shall be limited to 2 times the purchase price, unless excluded by law anyway. Otherwise, we shall be liable without limitation only for intent and gross negligence, including that of our legal representatives and employees. For the fault of other vicarious agents, our liability shall be limited to a maximum of 2 times the purchase price. We shall only be liable for slight negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of a breach of a cardinal obligation, liability shall be limited to a maximum of 2 times the purchase price. If the buyer requests that warranty work be carried out at a location specified by him, we can comply with this request, whereby parts covered by the warranty are not charged, while working time and travel expenses are to be paid at our standard rates. Liability for normal wear and tear is excluded. Any warranty shall lapse in the event of modifications to products which do not comply with original specifications. Without our written consent, claims against us are not assignable and can only be asserted by the buyer.

9 Retention of title

We shall retain title to the delivered goods until all claims existing at the time of delivery or arising later from this contractual relationship to which we are entitled against the buyer have been fulfilled (goods subject to retention of title). Processing and transformation shall always be carried out for us as manufacturer, but without any obligation on our part. If the (co-)ownership expires due to combination, it is already agreed now that the (co-)ownership of the purchaser in the uniform object shall pass to us in proportion to the invoice value. The buyer shall store our (co-)ownership free of charge. The buyer is entitled to process or sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or transfers by way of security are not permitted. The buyer hereby assigns to us in full, by way of security, all claims arising from the resale or for any other legal reason in respect of the goods subject to retention of title, including all current account balance claims. The buyer is already now revocably authorised to collect the claims assigned to us for his account in his own name. Upon our request, the buyer shall disclose the assignment, provide the necessary information and submit documents. In the event of access by third parties to the goods subject to retention of title - in particular default of payment - we shall be entitled to take back the goods subject to retention of title and, if necessary, to demand assignment of the buyer's claims for restitution against third parties. The taking back or seizure of the goods subject to retention of title does not constitute a withdrawal from the contract, unless the Consumer Credit Act applies.

10 Payment

Unless otherwise agreed in writing, our invoices are due immediately without deduction. We are entitled, despite contrary provisions of the buyer, according to which payments are to be credited first to his older debts, to credit the payment first to the costs, then to the interest, finally to the main claim. It is agreed that we may charge a lump-sum reminder fee of - 5.00 for each reminder, the costs of which are to be borne by the buyer. If the buyer does not meet his payment obligations, in particular if he does not honour a cheque or stops his payments, or if we become aware of other circumstances which call into question the creditworthiness of the buyer, we shall be entitled to call due the entire remaining debt, even if we have accepted cheques. Furthermore, in this case we are entitled to demand advance payments or security deposits. The buyer is only entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.

11 Industrial property rights and copyright

The buyer is obliged to inform us immediately in writing if he is approached by third parties due to an alleged infringement of industrial property rights or copyrights by a product delivered by us. The settlement of such claims and the defence of the buyer against claims of the right holder shall be settled by us at our own expense insofar as the infringement has been directly caused by a product delivered by us. As a matter of principle, we shall endeavour to procure for the buyer the right to use the product. If this is not possible under economically reasonable conditions, we shall be entitled, at our own discretion, to modify the product in such a way that the property right is not infringed, or to modify the product or integrate it into a system, or if we have designed the product on the basis of the buyer's instructions in such a way that infringements of property rights result therefrom, the buyer shall be obliged to defend and indemnify us against claims of the owner of the infringed right and to compensate us for any other damages incurred.

12 Data protection

Personal data of the customer will only be collected, processed or used if the person concerned has consented or if the Federal Data Protection Act (BDSG) or another legal provision orders or permits it. On the other hand, we may process and use personal data that is required to establish or amend a contractual relationship, including its content, insofar as this is necessary to advise the customer, for advertising and for market research for our own purposes and there is no reason to assume that a contrary interest of the customer exists or that the customer has not consented to the storage and use.

13 Place of performance and jurisdiction

The place of performance is our registered office. If the buyer is a merchant and the contract is part of the operation of his trade, the place of jurisdiction for all legal disputes shall be our place of business. In this case, however, we are also entitled to assert our claims at the courts of the buyer's general place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected. All legal relations between us and the customer shall be governed exclusively by the law of the Federal Republic of Germany applicable to the legal relations of domestic parties.

14 Salavtorian clause

Should individual provisions in these terms and conditions be or become void, ineffective or contestable, this shall not affect the validity of all other provisions or agreements. In place of an invalid provision, a valid provision shall be deemed agreed which comes as close as possible to what was intended by the parties. This shall apply mutatis mutandis to loopholes requiring supplementation.