A) Angebot und Vertragsabschluss

1. Die vom Kunden unterzeichnete Bestellung stellt ein bindendes Angebot dar. Wir können dieses Angebot innerhalb von zwei Wochen durch Zusendung einer Auftragsbestätigung oder dadurch annehmen, dass wir innerhalb dieser Frist die bestellte Ware ausliefern.

B)Unterlagen zur Verfügung gestellt

0. An allen in Zusammenhang mit der Bestellung dem Kunden überlassenen Unterlagen – auch in elektronischer Form – wie z. B. Kalkulationen, Zeichnungen etc. behalten wir uns Eigentums- und Urheberrechte vor. Diese Unterlagen dürfen Dritten nicht zugänglich gemacht werden, es sei denn, wir erteilen dem Kunden unsere ausdrückliche schriftliche Zustimmung. Nehmen wir das Angebot des Kunden nicht innerhalb der unter A) genannten Frist an, sind diese Unterlagen unverzüglich an uns zurückzugeben.

C) Preise und Bezahlung

1. Unsere Preise verstehen sich inklusive Mehrwertsteuer (und Verpackungskosten). Liefer- und Versandkosten sind (nicht) in unseren Preisen enthalten.
2. Payment of the purchase price must be made exclusively to the account specified overleaf. Discounts are only permitted by special written agreement.
3. Unless otherwise agreed, the purchase price is due within 14 days of invoicing. Interest on arrears will be charged at a rate of 5% above the applicable base interest rate per annum (see note on the amount of interest on arrears). We reserve the right to claim higher damages for late payment. In the event that we claim higher damages for late payment, the customer has the opportunity to prove to us that the claimed damages for late payment did not occur at all or were at least significantly lower.

D) Set-off and retention rights

1. The purchaser is only entitled to offset if his claims have been legally established or are undisputed. The purchaser is also entitled to offset our claims if he asserts complaints about defects or counterclaims arising from the same purchase contract. The purchaser is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

E) Delivery time

1. Unless an expressly binding delivery date has been agreed, our delivery dates and delivery periods are purely non-binding information.
2. The commencement of the delivery period specified by us is subject to the timely and proper fulfillment of the customer's obligations. The right to assert a defense of non-fulfillment of the contract remains reserved.
3. The customer may request us in writing to deliver within a reasonable period of time ... weeks after a non-binding delivery date/delivery period has been exceeded. Should we culpably fail to meet an explicit delivery date/delivery period or if we fall into default for another reason, the customer must grant us a reasonable grace period to perform the service. If we allow this grace period to expire without result, the customer is entitled to withdraw from the purchase contract.
4. If the purchaser defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved. The purchaser, for his part, reserves the right to prove that no damage of the claimed amount has occurred at all or that the damage is at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the purchaser at the time the purchaser defaults on acceptance or payment.
5. Further statutory claims and rights of the purchaser due to a delay in delivery remain unaffected.

F) Retention of title

1. We reserve ownership of the delivered item until all claims arising from the delivery contract have been paid in full.
2. The purchaser is obligated to treat the purchased item with care until ownership has been transferred to him. In particular, he is obligated to adequately insure it against theft, fire, and water damage at its replacement value at his own expense. If maintenance and inspection work must be carried out, the purchaser must carry it out in a timely manner at his own expense. Until ownership has been transferred, the purchaser must notify us immediately in writing if the delivered item is seized or subject to other interventions by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 of the German Code of Civil Procedure (ZPO), the purchaser is liable for any loss incurred by us.
3. The processing, treatment, or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the customer's expectant right to the purchased item continues to apply to the transformed item. If the purchased item is processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing occurs in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate co-ownership to us and safeguards the resulting sole ownership or co-ownership for us. To secure our claims against the customer, the customer also assigns to us any claims that accrue to him against a third party through the combination of the reserved goods with real estate; we hereby accept this assignment.
4. We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.

G) Warranty and notice of defects

1. Unless the information contained in our brochures, advertisements and other offer documents has been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.
2. If the delivered item does not meet the subjective requirements, the objective requirements, or the assembly requirements listed below, we are obligated to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance due to statutory provisions. The item does not meet the subjective requirements if
   Unless otherwise agreed between the customer and us in compliance with the applicable information and formal requirements, the item does not meet the objective requirements if
3. 1. it does not have the quality agreed between the customer and us or
   2. it is not suitable for the use stipulated in our contract or
   3. it is not handed over with the agreed accessories and instructions, including assembly and installation instructions.
      
   4. it is not suitable for normal use or
   5. it does not have the quality that is usual for items of the same type and that the customer can expect, taking into account the nature of the item and the public statements made by us or another link in the contractual chain or on their behalf, in particular in advertising or on the label, or
   6. if it does not correspond to the quality of a sample or pattern that we made available to the customer before the conclusion of the contract, or
   7. if it is not delivered with the accessories, including packaging, assembly or installation instructions, and other instructions that the purchaser can expect to receive. A valid agreement to the contrary between the purchaser and us regarding the objective requirements of the item requires that the purchaser was specifically informed, prior to submitting his contractual declaration, that a specific feature of the goods deviates from the objective requirements, and that the deviation in this sense was expressly and separately agreed upon in the contract.
      
3. The customer initially has the choice of whether subsequent performance should be carried out by repair or replacement. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During the subsequent performance, a reduction of the purchase price or withdrawal from the contract by the customer is excluded. A subsequent performance is deemed to have failed with the second unsuccessful attempt, unless otherwise stated, in particular due to the nature of the item or the defect or other circumstances. If subsequent performance has failed or we have refused subsequent performance altogether, the customer may, at his or her discretion, demand a reduction of the purchase price (abatement) or declare withdrawal from the contract.
   The customer is not required to set a deadline for us to perform subsequent performance. As soon as the customer has notified us of the defect, a reasonable deadline has expired, and no subsequent performance has been provided by that time, the customer is also entitled to withdraw from the contract or to a reduction in the price.
4. The customer may only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or we have refused to perform it. The customer is not required to set a deadline for us to perform the defect. As soon as the customer has notified us of the defect, a reasonable deadline has expired, and no subsequent performance has been provided by that time, the customer is also entitled to assert claims for damages. The customer's right to assert further claims for damages under the following conditions remains unaffected.
5. The purchaser's right to assert further claims for damages under the following conditions remains unaffected. Notwithstanding the above provisions and the following limitations of liability, we are liable without limitation for damage to life, limb, and health resulting from a negligent or intentional breach of duty by our legal representatives or vicarious agents, as well as for damages covered by liability under the Product Liability Act, as well as for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent by our legal representatives or vicarious agents. To the extent that we have provided a guarantee of quality and/or durability with regard to the goods or parts thereof, we are also liable within the scope of this guarantee. However, for damages resulting from the lack of the guaranteed quality or durability but not directly occurring in the goods, we are only liable if the risk of such damage is clearly covered by the guarantee of quality and durability.
6. We are also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of contractual obligations whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable to the extent that the damages are typically associated with the contract and foreseeable. Otherwise, we are not liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1-3 also apply to the extent that the liability of legal representatives, executive employees, and other vicarious agents is affected.
7. Any further liability is excluded regardless of the legal nature of the asserted claim. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives, and vicarious agents.
8. The warranty period is two years, calculated from the transfer of risk. If a defect becomes apparent within the limitation period, the limitation period does not commence before the expiry of four months from the time the defect first became apparent. If the purchaser has handed over the goods to us or, at our request, to a third party for subsequent performance or to fulfill claims under a guarantee, the limitation period for claims due to the asserted defect does not commence before the expiry of two months from the time the repaired or replaced goods were handed over to the purchaser. (Note: a reduction to one year is possible in the general terms and conditions for used items. For building materials – if installed – the warranty period is five years; if the building materials are used, a reduction to one year is possible in the general terms and conditions.) This period also applies to claims for compensation for consequential damages caused by a defect, provided no claims based on tort are asserted.

H) Miscellaneous

1. This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.

I)Notes

Transparency requirement

This requirement means that, in case of doubt, a clause in general terms and conditions is unreasonably disadvantageous even if it is not clear and understandable. Thus, non-transparent clauses are to be considered invalid per se, without the need for an additional, unreasonable disadvantage to the contractual partner. Furthermore, this also means that the transparency requirement also applies to pricing provisions and clauses describing services, which are generally exempt from content review.

Warranty periods

For purchase and work contracts, the warranty period is two years. If a defect becomes apparent within the limitation period, the limitation period does not commence before the expiration of four months from the date on which the defect first appeared. If the purchaser has handed over the goods to the seller or, at the seller's request, to a third party for subsequent performance or to fulfill claims under a warranty, the limitation period for claims based on the asserted defect does not commence before the expiration of two months from the date on which the repaired or replaced goods were handed over to the purchaser. The warranty period can be shortened by general terms and conditions, subject to the information and formal requirements listed below, as follows:

Movable property other than building materials

- new - buyer is consumer - 2 years

- new - buyer is an entrepreneur - 1 year

- used - buyer is consumer - 1 year

- used - buyer is an entrepreneur - no

Building materials (if installed)

- new 5 years – used

- Buyer is a consumer 1 year

-The buyer is not an entrepreneur

An agreement on a shortened limitation period is only effective if the customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration and if the shortening of the limitation period was expressly and separately agreed in the contract.

Obligation to report defects

For non-obvious defects, the notification period for defects may not be set in the general terms and conditions for less than two years (one year for used goods). The period begins at the start of the statutory limitation period. Reimbursement of Expenses for Subsequent Performance: Pursuant to Section 439, Paragraph 2 of the German Civil Code (BGB), the seller is obligated to bear the expenses necessary for subsequent performance (e.g., transport, travel, labor, and material costs, including any dismantling and installation costs). This obligation may not be excluded by the general terms and conditions.

Limitation to subsequent performance

In the case of a defective item, the buyer may, at his or her discretion, demand either the removal of the defect or the delivery of a defect-free item. Only if subsequent performance fails, is not possible, or is unreasonable can the buyer – as a secondary option – assert warranty rights: withdrawal or reduction of the purchase price. Restrictions solely to subsequent performance are ineffective if the other contracting party is denied the right to reduction in price if subsequent performance fails.

Liability for defects

Seller must cover removal and installation costs The law on subsequent performance according to Section 439 Paragraph 3 Sentence 1 of the German Civil Code (BGB) stipulates that the seller is obliged, within the scope of subsequent performance, to reimburse the buyer for the necessary expenses for removal and installation or the attachment of the defect-free item if the buyer has installed the defective item in another item or attached it to another item in accordance with its type and intended use. According to Section 445a of the BGB, the seller can also take recourse against its supplier. However, the seller is only liable if the buyer was acting in good faith. The buyer's rights are therefore excluded if the buyer was aware of the defect at the time of installation or was unaware of it due to gross negligence.

Limitations of Liability

Any exclusion or limitation of liability for damages resulting from injury to life, body or health based on an intentional or negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user is ineffective.

Amount of default interest

From the beginning of the default, the buyer owes the seller default interest in addition to the purchase price. If a consumer is involved in the purchase contract, either as buyer or seller, the interest rate is 5% above the base interest rate. For purchase contracts between businesses, the interest rate is 9% above the base interest rate.