1. Scope, General
1.1 These General Order, Delivery and Service Conditions (TOS) apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons who purchase the goods or service for commercial or professional use.
1.2 The following terms and conditions (TOS) apply exclusively to the business relationship with our customers, including information and advice.
Deviating general terms and conditions of the buyer and/or orderer – hereinafter referred to as “customer/s” – only apply if and to the extent that we expressly acknowledge them in writing; otherwise they will be rejected. In particular, our silence on such deviating general terms and conditions does not count as acknowledgment or approval, not even for future contracts.
Our General Terms and Conditions apply instead of any general terms and conditions of the customer, in particular the customer’s purchasing conditions (GPC) even if according to these GPC the acceptance of the order is intended as unconditional acceptance of the purchasing conditions, or we deliver after the customer has informed us of the validity of his general purchasing conditions, unless because we have expressly waived the validity of our General Terms and Conditions towards the customer. The exclusion of the customer’s general terms and conditions also applies if the general terms and conditions do not contain a separate regulation for individual points of our terms and conditions. By accepting our order confirmation or the contractual service, the customer expressly acknowledges that he waives his legal objection derived from the purchasing conditions that our GTC do not apply.
1.3 If framework agreements or other contracts have been concluded with our customers, these have priority. Unless more specific regulations have been made, they will be supplemented there by the present General Terms and Conditions.
1.4 Insofar as claims for damages are discussed below, this also means claims for reimbursement of expenses within the meaning of Section 284 of the German Civil Code.
Excerpt – please see the downloads section (left) for the full text.