§ 1
Quotation

1. Our quotations are subject to alterations if not otherwise stated in the order confirmation.

§ 2
Delivery Delay

1. In cases of delay, our liability for compensation in case of little negligence will be limited to 50 % of the foreseeable damage. Further claims for damages require that the cause for the delay is due to intention or gross negligence.
    
2. The limitation of liability as per paragraph 1 does not apply in cases where a commercial transaction for delivery by a fixed date has been agreed; the same applies in cases where the purchaser may claim that his interest with regard to fulfilling the contract has ceased to exist due to a delay caused by our fault.
    
3. The keeping of our delivery obligation bases on a correct fulfilment on time of the obligations on behalf of the purchaser.

§ 3
Pricing and Terms of Payment

1. If not otherwise agreed in the order confirmation, our prices are to be understood ex works, excluding packing, freight and packaging costs and will be invoiced separately.
    
2. Our invoices will fall due for payment within 14 days from date of invoice without any deduction.
    
3. We reserve us the right to increase prices for contracts where a delivery delay of more than 4 months has been agreed correspondingly to rises in prices that have meanwhile occurred and that are in particular due to pay agreements or rises in material costs. If prices increase by more than 5 % compared to the price agreed, the customer may withdraw from his order.

§ 4
Reservation of Proprietary Rights

1. We reserve us proprietary rights with regard to purchased goods up to receipt of all payments of the delivery contract. In case of a breach of contract on behalf of the purchaser, in particular in cases of arrears, we are entitled to take back the purchased goods. A taking back of purchased goods as well as a seizure of the purchased goods by our company always imply a withdrawal from contract. After having taken back the purchased goods we are entitled to their exploitation, the proceeds of exploitation will be settled with the purchaser’s liabilities less appropriate costs for exploitation.
    
2. The purchaser is obliged to handle purchased goods with care. He will also be obliged to sufficiently insure them at their new price and on his own expenses against damages caused by fire, water and theft. If maintenance and inspection works are required, the purchaser will have to carry out these works on time and on his own expenses.
    
3. In cases of seizures or on other interventions of third parties, the purchaser will have to inform us immediately in written in order to enable us to institute proceedings as per §771 ZPO. In as far as the third party is not able to refund us the court costs and those that have occurred out of court in connection with a suit as per §771 ZPO, the purchaser can be made liable for the costs occurred.

§ 5
Liability for faults

1. In as far as the purchased goods prove of a fault caused by us, we may either choose to eliminate the fault or are entitled to provide replacement. In case of an elimination of fault, we are obliged to bear all charges occurring in connection with the elimination in particular to pay for transportation, tolls, wage and material costs in as far as these are not increased by the fact that the purchased goods have been transferred to a place other than the place where the contract had to be fulfilled.
    
2. In cases where we are not willing or not able to eliminate the fault or to provide a replacement or where such an elimination or provision will be delayed beyond appropriate periods due to reasons which we are liable for or in cases where elimination of fault or provision of a replacement have failed for whatsoever reason, the purchaser is entitled to either withdraw from contract or to claim a corresponding reduction of the purchasing price.
    
3. If not otherwise agreed in the following, further claims on behalf of the purchaser – no matter which legal reasons may apply – will be excluded. Thus we cannot be made liable for damages that have not occurred on the delivered goods themselves; in particular we cannot be made liable for lost profit or other pecuniary damages.
    
4. The above exemption from liability does however not apply in cases where the fault has been caused by intention or gross negligence. It also does not apply in cases where the purchaser claims for damages due to a non-fulfilment as per §463, 480 paragraph 2 BGB in view of the fact that a promised feature is missing.
    
5. In cases where we have violated by negligence an obligation being essential for the contract, our liability will be limited to the foreseeable damage.
    
6. Guarantee period amounts to 6 months, calculated from passing of risk. This period is a limitation period and also applies to claims for replacement due to damages resulting from faults provided that no claims can asserted from tort.

§ 6
Joint liability

1. In as far as our liability for damages as per §5 paragraphs 3 up to 5 are excluded or limited, exclusion or limitation also applie to all claims with regard to faults made during contract conclusion, non-observance of additional obligations in particular exclusion or limitation applie to claims with regard to producer liability as per §823 BGB.
    
2. The arrangement as per paragraph 1 does not apply to claims as per §§1,4 of the product liability stipulation. The same applies to initial inability or justifiable impossibility.
    
3. In as far as our liability is excluded or limited, exclusion or limitation also applie to personal liability of our employees, colleagues, representatives and assistants.

§ 7
Court of jurisdiction/Place where contract is to be fulfilled

1. In cases where the purchaser is a full registered trader, our court of jurisdiction is Waiblingen; we are however entitled to also take proceedings against the purchaser at the competent court of his residence.
    
2. If not otherwise agreed in the order confirmation, the place where the contract is to be fulfilled is our place of business.