The following terms and conditions shall apply to all sales and deliveries, unless otherwise agreed in writing. The customer’s terms and conditions shall only apply if we agree to them in writing.

1. Offers

Our offers are subject to change. Contracts shall only come into effect upon written order confirmation. Our documents such as illustrations, drawings, calculations etc. are only intended for use by the customer and may not be made accessible to third parties without our express consent. Pictures and descriptions in our brochures, price lists and catalogues, as well as samples we have submitted are for explanation purposes only, and are not binding in respect of the final product. We reserve the right to make changes to the design. The wood grain may also vary and there may be slight variations in design or colour tone. All copyrights to intellectual property are expressly reserved.

2. Delivery dates

Delivery dates are only approximate unless we have designated them as binding in writing. Changes requested by the customer to the already confirmed order shall delay the delivery date. We are entitled to make partial deliveries. Each partial delivery may be invoiced separately. In the case of call-off orders, the call-off must be made at least three weeks before the desired delivery date.
The delivery date shall be the day of provision.

3. Force Majeure

Force majeure, operational disruptions, lockouts, strikes and other hindrances for which we or our suppliers are not responsible shall release us from the obligation to deliver for the duration of the disruption and its effects.

4. Transfer of risk

The benefits and risks are transferred to the customer after delivery and acceptance.

Benefit and risk pass to the customer upon conclusion of the contract. If the customer does not take possession of the dispatch-ready goods immediately, we will store these at the customers expense, the warehousing charge shall be 1% of the invoice sum per month. These warehousing costs will be increased if we can prove that the actual costs are higher, or reduced if the buyer proves that the actual costs are lower.

5. Payment

Payments shall only be deemed to have been made to the extent that we can freely dispose of them at a bank. Interest on arrears shall be charged at 8% above the respective discount rate of the Deutsche Bundesbank in accordance with Section 288 (2) BGB. If the customer is in arrears with payment for more than one week, we shall be entitled to revoke all payment terms and to withdraw from the part of the contract not yet fulfilled or to demand advance payments. The customer may only offset undisputed or legally established counterclaims against our claims. In particular, the customer is not entitled to withhold payment of due invoice amounts or to reduce invoices on their own initiative in the event of complaints about the goods.

6. Ownership

We reserve title to the purchased goods until the customer has settled the claims arising from the underlying contract with us. If the goods are combined with other goods, we shall acquire co-ownership of the new goods in the ratio of the invoice value of the goods subject to retention of title to other materials. The new item shall also be deemed to be reserved goods within the meaning of these terms and conditions. Any processing or transformation of the purchased goods by the customer shall always be carried out by us. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing. The customer assigns their claims from the resale of the reserved goods to us in advance as security. As long as the customer fulfils their obligations to us, they may dispose of the reserved goods in the ordinary course of business and collect the assigned claims themselves. The customer may only transfer ownership by way of security, pledge or assign claims with our express written consent. In the event of seizure or other access by third parties, the customer must inform us immediately in writing.

If the realisation of our claims appears to be at risk, the customer must inform us accordingly and, at our request, immediately enable us to take back the goods subject to retention of title or immediately inform their customers of the assignment of claims and hand over to us all necessary documents so that the claims can be collected accordingly. Taking back the reserved goods does not constitute a withdrawal from the contract.

We undertake to release the securities to which we are entitled at the request of the customer to the extent that the value of our securities exceeds the claims to be secured by more than 20%.

7. Warranty

If there is a defect for which we are responsible, we shall be obliged to provide subsequent performance (rectification of the defect or replacement delivery at our discretion). If subsequent performance fails or is unreasonably delayed for reasons for which we are responsible, the customer shall be entitled to withdraw from the contract or to reduce the purchase price. Defects in the delivered goods, deviations in quantity or incorrect deliveries must be reported in writing no later than ten days after receipt of the goods. Hidden defects must be reported immediately after their discovery. Any further claims of the purchaser, in particular claims for damages including loss of profit and other financial losses of the purchaser as well as compensation for consequential damages are excluded. The above limitation of liability shall not apply if the cause of damage is based on intent or gross negligence. It shall also not apply if the customer asserts claims for damages due to the absence of a warranted characteristic. The warranty period is 12 months from the transfer of risk. Excluded from this are installed electronic components for which the warranty period corresponds to that of the manufacturer.

8. Damage in transit

We are not to be held liable for transport damage unless we have assumed responsibility for the transport. Transport damage must be reported to the transport company in writing upon receipt of the goods. Shortages must be confirmed in writing to the transport company.

9. Claims for damages

If the customer withdraws from the order placed or does not fulfil the contract, we can demand 25% of the order amount as compensation. The amount of damages shall be set higher or lower if we can prove higher damages or the customer can prove lower damages.

10. Place of fulfilment / Jurisdiction

The place of performance for delivery and payment is Düsseldorf. The place of jurisdiction for contracts with registered traders and legal entities under public law is Düsseldorf. National sales law applies. German law shall apply and the application of the United Nations Convention on the national Sale of Goods ( CISG ) shall be excluded.

Status: January 2024