§ 1 General - Area of Application

1. These business conditions apply to all present and future business relationships.

2. Users in the meaning of these business conditions are all natural persons with whom a business relationship is entered into, with them necessarily being commercially or self-employed. Business persons in the sense of these business conditions are all natural or legal persons or limited partnerships under law, with whom a business relationship is entered into, who are active within the bounds of a commercial or self-employed activity. Customers in the sense of these business conditions are both consumers and business persons.

3. Deviating, contrary or additional general business conditions are not object of the contract, even when knowledge of them applies, except in cases where their applicability has exclusively been confirmed in writing.

§ 2 Contract Conclusion

1. Our offers and proposals are non-binding. We reserve the right to make all reasonable technical changes and changes in form, colour and/or weight at any time.

2. By ordering merchandise the customer bindingly declares himself willing to purchase the merchandise ordered.
 We reserve the right to accept the offer of contract enclosed with the order within two weeks of receipt. Acceptance can either be declared in writing or by delivering the merchandise to the customer.
 
3. If the customer orders the merchandise via electronic channels, receipt of the order will be confirmed immediately. Confirmation of receipt does not represent a binding acceptance of the order. Confirmation of receipt can be linked to the declaration of acceptance.

4. Contract conclusion takes place under the proviso that the our supplier delivers the correct components at the correct time. This only applies in cases where we are not responsible for the failure to ship and in particular to the closing of a covering transaction with our supplier. The customer shall be informed of the non-availability of the merchandise immediately. Payment shall be returned immediately.

5. If the customer has ordered the merchandise via electronic channels, we shall save the contract text and supply it to the customer on request along with these GBCs per e-mail.

§ 3 Delivery Deadlines

Delivery deadlines apply from the date of our order confirmation and are approximate deadlines.

§ 4 Retention of Title

1. In the case of contracts with consumers, we retain ownership of the merchandise until full payment of the purchase price has been made. In the case of contracts with business persons, we retain ownership of the merchandise until full payment of all claims from a current business relationship have been made.

2. The customer is obliged to treat the merchandise with care. If maintenance and inspection work needs to be carried out, the customer is required to have this carried out at
regular intervals.

3. The customer is required to inform us immediately of access or attachment by third-parties to the merchandise, in particular in the case of seizure, and any damage or destruction of the merchandise. The customer is even obliged to inform us of a change in ownership of the merchandise or an own change of address.

4. We retain the right to withdraw from the contract and demand the return of the merchandise if the customer acts contrary to the terms of this contract, in particular in cases of payment delay or violation of an obligation according to clauses 3. and 4. of these provisions.

5. The subject of the contract has the right to sell the merchandise within the normal course of business.
He now assigns all claims to the amount reported on the invoice that result from the further sale to the third party. We herewith accept this assignment.
Following assignment the agent to the contract is authorised to collect the claim.
We reserve the right to collect the claim ourselves, as soon as the agent to the contract fails to fulfil his payment obligations in an orderly manner or delays payment.

6. Processing of the merchandise by the party to the contract always takes place in our name and under our decree.
If processing takes place using object that we do not own, we purchase the joint ownership of the new object in equal relationship to the value of the merchandise we have supplied to the other objects processed. These same applies if the merchandise is mixed with objects that we do not own.

§ 5 Payment

1. The purchase price offered is binding [or limited in time if necessary]. VAT is not included in the purchase price.

If not stipulated otherwise in the order confirmation, our prices apply "ex-works" excluding packaging. This will be invoiced for separately. Return of the packaging is excluded. No additional costs occur to the customer for using electronic channels of communication when ordering. The customer is permitted to make payment by cash on delivery, invoice or credit card.

2. After receipt of the merchandise the customer is obliged to pay the invoice 10 days after the invoice date at a
2% cash discount, and net 30 after the invoice date.
The customer is late with payment after this deadline has been passed. The consumer is obliged to pay interest at 5% above the base rate during the period of payment delay. The business person is obliged to pay interest at 8% above the base rate during the period of payment delay. In relation to business persons, we reserve the right to prove higher default damages and make a claim for these.   

3. The customer only has an offsetting right if his counter claims have been deemed legally binding or recognised by us. The customer can only excercise a right of retention if his counter claim is based on the same contractual relationship.

§ 6 Transfer of Risk - Packaging Costs

1. In the case of shipment purchases the risk of accidental destruction or deterioration of the merchandise is transferred to the custotmer with the transfer of the merchandise to the forwarding agent or other parties or agencies authorised for shipment.

2. If not otherwise detailed in the order confirmation, deliver is agreed "ex-works". Transport and all miscellaneous packaging under the terms of the packaging regulations is not returnable; pallets are excepted from this. The ordering party is obliged to dispose of the packaging at his own cost. If the ordering party wishes, shipments can be insured with transport insurance. The costs for this are to be borne by the ordering party.

3. Transfer is equal to when the purchasing party is late with acceptance.

§ 7 Warranty

1. Initial warranty for defective merchandise is initially provided in the form of remedial repair or replacement according to our choice.

2. If this fails the customer can always demand that payment be discounted (reduction) or cancel the contract (rescission) according to his choice. However the customer has no right to cancel the contract in the case of minor contract violations, and in particular in the case of minor defects.

3. Obvious defects must be reported to us in writing within two weeks of receiving the merchandise. If this is not adhered to, any claims on the warranty are made void. Delivery by post suffices for maintaining the deadline. The customer takes full responsiblity for providing evidence of fulfilment of the warranty requirements, in particular with regard to the defect, the date of identifying the defect and maintaining the deadline for notification of the defect.

4. If the customer chooses to cancel the contract due to a legal or tangible defect following failure to repair or replace on our part, he has no right to make claims for damages in parallel. if the customer chooses to claim for damages following failure to repair or replace on our part, the merchandise remains on the premises of the customer if this acceptable to him within the bounds of reason. Damages are restricted to the difference in value between the purchase price and the value of the defective merchandise. This does not apply when we have fraudulently caused violation of the contract.

6. The warranty period equals one year after delivery of the merchandise. This does not apply if the customer has failed to report a defect within the deadline set (Clause 3 of these provisions).

7. The manufacturer's product description as agreed applies at all times to the properties of the merchandise.
Public statements, recommendations or advertising made by the manufacturer do not represent a contractually binding commentary on the properties of the merchandise.

8. If the customer receives fitting or assembly instructions that contain mistakes, we are merely obliged to supply fitting or assembly instructions free of mistakes, and only in cases where the mistakes in the fitting or assembly instructions are contrary to correct fitting or assembly.

9. We provide no guarantees to the customer in a legal sense. Manufacturer's warranties
remain unaffected by this.

§ 8 Liability Limitations

1. In the case of minor negligent contract violations our liability is limited to the immediate, forecastable average damages typical to the contract depending on the type of merchandise. This also applies to minor negligent contract violations by our legal representatives or their vicarious agents. We undertake no liability for the minor negligent violation of non-essential contract obligations in the case of business persons.

2. The liability limitations noted above do not apply to claims by the customer concerning product liability. Furthermore the liability limitations do not apply to physical injury, damage to health or loss of life attributable to us.

3. Claims for damages by customers due to defects are valid for one year after delivery of the merchandise. This does not apply if we are accused of fraudulent behaviour.

§ 9 Concluding Regulations

1. The law of Federal Republic of Germany applies at all times. The provisions of the purchasing rights under the terms of the UN find no application.

2. If the customer is a businessman, a public legal entity or a public special fund, place of jurisdiction for all litigation out of this contract is our company headquarters. These same applies if the customer has no general place of jurisdiction in Germany or his place of residence or whereabouts in unknown at the time of legal action being taken. However we do reserve the right to file an action against the customer at the court of his place of residence.

3. If one or more provisions of this contract with the customer, including these general business conditions, should be void in whole or part, the remaining provisions of the contract remain unaffected. The partially or wholly void provision shall be replaced by one that comes closest to the intended purpose of the original provision in terms of content and commercial value.

Date, 01.01.2006