|(1) The following terms and conditions shall apply exclusively. They shall also apply to any future business, even if they are not agreed upon again. Nor shall any other general terms and conditions of the contractual partner be binding upon us even if we do not expressly reject them.
(2) If the contractual partner is a businessman, legal entity under public law or public law entity with special funds, or if he does not have general jurisdiction in the Federal Republic of Germany while the contract is in force, Stuttgart shall be agreed as the place of fulfilment and sole place of jurisdiction. The relationship between the contractual parties shall be governed solely by the laws applicable in the Federal Republic of Germany.
The following shall apply with regard to our customers:
(3) Our offers, which can be accessed over the Internet, are subject to confirmation. A contract shall only come into effect when we have confirmed the purchase order in a statement, or confirmed it by delivery or performance.
(4) All goods supplied shall remain property until any claims we have against the customers have been settled in full (goods subject to retention of title). If the total value of the goods subject to retention of title exceeds the total of our claims by more than
20 %, we are obliged to release the goods delivered at the excess value. We reserve the right of selection. The customer is entitled to sell goods subject to retention of title in the normal course of business. Any claims arising from such a sale shall now be assigned to us.
(5) If our delivery or service is delayed owing to a labour dispute or a delay in supplies, we may defer an agreed delivery or performance date by the length of the delay.
(6) If the goods delivered are faulty, customers may request delivery of new goods or rectification of the fault as they so choose (supplementary performance). If the goods purchased are consumers goods, we may refuse to comply with the type of supplementary performance chosen if it can only be provided at a prohibitive cost. If the fault is not rectified within a reasonable period or if supplementary performance proves unsuccessful for any other reason, the customer may request a reduction in the purchase price (discount) or withdrawal from the contract.
|(7) The customer shall not be entitled to the right of withdrawal if the fault is only a minor one. If he chooses to withdraw after a supplementary performance attempt has failed, he shall no longer be entitled to compensation. If he opts for compensation, he shall keep the goods provided that it is reasonable for him to do so. With respect to compensation, we shall only be liable for a maximum of the difference between the purchase price and the value of the faulty goods. This shall not apply if we have fraudulently caused the breach of contract.
(8) If the goods delivered fail to comply with the guaranteed condition, we shall only be obliged to compensate for consequential damages if the guaranteed condition was specifically intended to protect against such damages.
(9) If the customer states that he does not wish to accept the goods sold, we shall be entitled to withdraw from the contract or demand compensation. If we demand compensation, this shall amount to 25 % of the net price in the case of merchandise, or 60 % of the net price in the case of goods that we manufactured to order. The amount of compensation may be set higher or lower if we can prove that greater damages were incurred or if the customer can prove that lower damages were incurred.
(10) The right of retention with respect to our claims may only be exercised and our claims may only be offset against counter claims in cases where counter claims have been legally established by a final court decision or without dispute.
(11) Any liability on our part for breaches of duty involving minor negligence shall be ruled out provided that such breaches do not relate to major contractual duties, damages relating to injury to life, limb, or health, or to warranty assurances or to claims made under the product liability laws. The same applies to breaches of duty by our vicarious agents.
The following applies with respect to our suppliers:
(12) If the supplier is a merchant, he accepts the same scope of warranty in his dealings with us that we accept vis-à-vis our customers. He may only invoke exclusion of liability or limitation of the period of warranty insofar as we can invoke such deadlines vis-à-vis our customers.