These terms and conditions of business are applicable to companies, public legal entities and public legal entities with special public funds. These terms and conditions of business shall also be deemed applicable if no specific reference to them is made.
Our deliveries and performances are rendered exclusively on the basis of the conditions set forth below.
The customer’s general terms and conditions of business shall only be deemed valid if we explicitly accept them in writing for the respective specific contract. In the event that the customer confirms the order with conditions that deviate from our general terms and conditions of business, then our general terms and conditions of business shall apply even if we do not explicitly object. Our general terms and conditions of business shall be deemed fully acknowledged by the customer at the time our delivery performance is accepted at the latest.
Every party agrees to use any materials (these also include samples, models and data) and know-how obtained in connection with the business relationships exclusively for the jointly pursued purposes and to protect them from disclosure to third parties with the same diligence as corresponding own materials and know-how, if the other party labeled them confidential or has an obvious interest in the non-disclosure.
This duty starts when the materials or know-how are received for the first time and shall not end after the end of the business relationship either.
In the event that the customer treats or processes the goods subject to retention, this shall always be done on our behalf. If the goods subject to retention are processed or inseparably mixed with other objects which do not belong to us, then we acquire the coownership of the new merchandise at the ratio of the invoice value of the goods subject to retention to the other processed or mixed objects at the time of the processing or mixing.
In the event that our goods are connected or inseparably mixed with other movable objects to form a uniform object and if the other object is considered the main object, then the customer shall transfer pro-rated co-ownership to us to the extent the main object belongs to him. The customer shall retain the ownership or co-ownership for us at no cost. In addition, the same shall apply to the object created with the processing or connection and mixing as to the goods subject to retention.
The contractual relationship is governed exclusively by the laws of the Federal Republic of Germany.
The application of the United Nations Treaty governing contracts for the sale of goods dated April 11, 1980 (CISG – “Vienna Convention on Contracts for the International Sale of Goods“) is excluded.