General terms and conditions

Our present and future business relationship with our customers shall be exclusively governed by our subsequent General Conditions of Sale and Supply, unless for individual cases anything else has been agreed upon writing.

Offers and Acceptance:Our offers, orders as well as oral commitments made by agents or sales representatives will only become binding after written confirmation by us. In immediate delivery by us, the written order confirmation can be replaced by our invoice. Illustrations, descriptions, references to measures and weights in brochures or similar documents are not binding.

Prices:
Agreed prices are to be understood ex works, without value added tax.

Time of Delivery/Default:
Any promise of delivery is only legally binding if confirmed in writing by us. The customer can claim damages for default only if our liability is based on intention ("Vorsatz") or on gross negligence ("grobe Fahrlässigkeit").

Despatch and Passage of Risk:
With the handing over the goods to the customer or to the forwarding agent or the freight or haulage contractor or any other person appointed to take care of the transport, the risk shall pass to the customer. For orders with imprint or
customized products quantities of plus or minus 10% have to be accepted.
Samples will be sent against invoice.

Payment Conditions/Default:
Unless any other payment date has been agreed, we have the right after expiration of 30 days following the invoice date to charge the customer without prior reminder interestand commission in the amount charged by the banks at the corresponding time for short-time loans, however, not less than 3% over and above the discount rate of the German Bundesbank at the relevant time.

Exclusion of the Right of Set-Off and of Retention Rights:
Any right of retention of the customer or any set-off declared by the customer with counter claims are excluded, unless the counter claim of the customer is not in dispute or has been confirmed by the Courts with final legal effect.

Warranties:
Our liability for warranties shall be governed exclusively by the following provisions:
a) We warrant that the products supplied by us are not affected with defects and the time of delivery - taking into consideration the state of technology at the relevant time - which defects probably must result from defective manufacturing or defective material. Changes of construction or production which we carry out generally before an order in being delivered do not justify any complaints.
b) Any warrant obligation shall be fulfilled at our option either by replacing the defective goods or by reparing the defect at no cost.
c) Any claim of the customer for rescision of the contract or reduction of the purchase price is excluded, unless the defect cannot be repaired or if the customer cannot reasonably be expected to tolerate further attempts for repair.
d) Open defects must be notified in writing without undue delay at the latest 14 days after delivery.
e) Wood is a natural product. Any variations in colour or texture are natural and no reason for complaints.

Liability:
To the extend that the above clauses do not contain any special regulation, the customer shall have no right to claim damages for whatever legal cause ( e. g. for nonperformance, impossibility, default, fault at or before conclusion of the contract ("culpa in contrahendo"), breach of other contract obligations ("positive Vertragsverletzung") defective title or other defective rights ("Rechtsmängel"), tort ("unerlaubte Handlung"), compensation among joint debtors etc.) unless our liability is based on intention ("Vorsatz") or on grass negligence ("grobe Fahrlässigkeit"). The exclusion of liability shall be applied also to any personal liability of our legal representatives and employees.

Reservation of Property:
We retain title to the goods supplied until all payments relating to the supply contact have been made (title retention goods). The title retention goods remain our property until all claims we have against the customer due to our business relationship to take back the title retention goods.

Recording of Costumer Data:
An EDV-system is used to keep our accounts. In this connection we store business-related customer data. Place of Performance and Jurisdiction: Place of Performance shall be our place of business unless anything else has been agreed in our order confirmation. Exclusive place of jurisdiction shall be Neumarkt, Germany.

Other Provisions:
In the event of one or more of the contract provisions being or becoming void, the other provisions shall be replaced by a valid provision coming nearest to the economic purpose of the invalid provision. All and any legal relationship and acts between us and the customer shall exclusively be governed by the laws of the Federal Republic of Germany.