Allgemeine Geschäftsbedingungen (AGB)


1.1 Unless otherwise expressly agreed in writing, the terms and conditions listed below come into effect for mutual business relationships with immediate effect and all previous general terms and conditions, delivery and payment conditions are no longer applicable. If a merchant has not received the terms and conditions together with the offer or has not been made aware of them in any other way, the terms and conditions still apply if the merchant knew or should have known the terms and conditions from previous business relationships and transactions.

1.2 All offers are non-binding. Agreements require written confirmation in order to be valid. 1.3 The risk is transferred to the buyer when the goods are made available by the seller at the agreed place of dispatch.

1.4 The images, drawings, brochures, advertising leaflets, directories, etc. relating to our goods and the data contained therein are only approximately relevant unless they are expressly designated as binding. Changes in construction, shape, design and color do not entitle to complaints or to withdraw from the contract.

1.5 The prices valid on the day of delivery always apply to the calculation.


2.1 Delivery is generally freight collect ex warehouse.

2.2 The seller selects the transport route and means of transport, unless the buyer expressly orders a special type of shipping. The seller assumes no liability for the cheapest transport.

2.3 If the seller falls behind with delivery deadlines, the buyer is only entitled to assert his rights if he has given the seller a grace period of at least 60 days in writing. The seller is then not responsible for delays in delivery and time if the goods are first procured or purchased from abroad and this results in delays in delivery that are beyond the control of the seller.

2.4 Industrial disputes and / or unforeseeable extraordinary events such as government interventions, disasters, delivery bottlenecks of the manufacturer etc. release the seller from the delivery obligation for the duration of the existence and its effects, as well as in the case of impossibility resulting from the previous events.

2.5 Goods reported as ready for dispatch in accordance with the contract must be called up immediately, otherwise the seller is entitled to dispatch them at the expense and risk of the buyer at the seller's option or to store them at the seller's discretion and to make the purchase price claim due immediately.

2.6 The material is delivered unpacked. Insurance is only taken out at the request and expense of the buyer.


3.1 The goods remain the property of the seller until all claims, including ancillary claims, claims for damages and cashing of checks and bills of exchange have been paid in full. The buyer is entitled to further process and sell the goods, taking into account the following provisions: The buyer's powers to process reserved goods in the ordinary course of business, without prejudice to the permissible revocation by the seller at any time, end with the delay in payment, the suspension of payments or with the application or Opening of bankruptcy proceedings.

3.2 By processing the goods subject to retention of title, the buyer who processes the goods for the seller does not acquire ownership of the new item in accordance with Section 950 of the German Civil Code (BGB). If the reserved goods are processed, mixed or blended with other items or if they become part of a system, the seller acquires co-ownership of the new item in the ratio of the value of his reserved goods to the total value of the goods.

3.3 The buyer hereby assigns the claim with all ancillary rights from the resale and subletting of the reserved goods to the seller, also proportionally to the extent that the goods are processed, mixed or blended and the seller has acquired co-ownership of them in the amount of their invoice value. The seller accepts this assignment.

3.4 The seller will not collect the assigned claims as long as the buyer meets his payment obligations or his financial situation does not deteriorate significantly. The authorization to collect expires in the event of default in payment and significant deterioration of the buyer's assets. In this case the seller is authorized by the buyer to inform the customer of the assignment and to collect the claim himself. Upon request, the buyer is obliged to provide the seller or his authorized representative with an exact list of the claims to which the seller is entitled, including the name and address of the buyer, the amount of the individual claims, invoice date, etc. and to provide the seller with all the information necessary for the assertion of the assigned claims to make documents available and to allow this information to be checked. Amounts that are received by the buyer from assigned claims are to be kept separately for transfer to the seller. The buyer is entitled to collect the claims himself as long as the seller does not give him any other instructions.

3.5 The retention of title also remains if individual claims of the seller are included in a current invoice and the balance is drawn and recognized. The seller is entitled to retention of title not only for the recognized and abstract final balance, but also for the causal balance. The buyer assigns to the seller the claim for the balance within the meaning of § 355 HGB in the amount of the due claims of the seller.

3.6 The seller already releases fully paid deliveries in accordance with the buyer's instructions if the security provided by the retention of title exceeds the claim to be secured by 20%.

3.7 Pledging or assignment by way of security of the reserved goods or the assigned claims are not permitted. The seller is to be notified immediately of any attachments, stating the attachment creditor.

3.8 If the seller takes back the delivered goods due to his retention of title, the contract is only withdrawn if the seller expressly declares this. The seller can satisfy himself freehand from the retained goods that have been taken back. The buyer keeps the reserved goods for the seller free of charge. He has to insure them against the usual risks such as theft, fire and water damage to the usual extent. The buyer hereby assigns his compensation claims, which he is entitled to from damage of the above-mentioned type against insurance companies or other parties obliged to pay compensation, to the seller in the amount of his claims.

3.9 Rights from the retention of title and all special forms of it specified in these terms and conditions apply until full release from contingent liabilities that the seller has entered into in the interests of the buyer.


4.1 Unless otherwise confirmed in writing, the invoice amounts are due immediately and without deduction.

4.2 Payments by bill of exchange are only permitted by special agreement. Bills of exchange and checks are only accepted on account of payment, not in lieu of payment. In the event of a check or bill of exchange protest, the seller can step by step and return the check or bill of exchange and demand immediate payment in cash, including for any papers due later.

4.3 In the event of default in payment, other costs such as dunning costs, expenses and legal fees, etc. are to be reimbursed in addition to the interest incurred. The default interest rate is calculated in the amount of the customary bank debit interest, at least 8% above the respective base interest rate. A far-reaching claim for damages by the seller remains unaffected. If justified defects are asserted or other complaints exist, payment may only be withheld in a reasonable proportion. In case of doubt, an expert appointed by the Chamber of Commerce and Industry will decide on the appropriateness of the amount withheld in relation to the scope of the defect or complaint. The costs incurred as a result are borne by the seller and the buyer in equal parts.


5.1 If the payment deadline is exceeded, interest / default interest in the amount of the customary bank debit interest, at least 8% above the respective base rate, will be charged, subject to the assertion of further damage.

5.2 The compensation for default in payment is to be set higher or lower if the seller proves a higher damage or the buyer a lower damage.

5.3 If the buyer is in arrears with a not inconsiderable part of the purchase price despite repeated reminders, the buyer declares that he agrees that the goods subject to retention of title may be removed from the seller and used as best possible through private sale. The proceeds are to be offset against the claims against the buyer after deducting the costs incurred. For the purpose of removal, the buyer permits the seller and his agents to enter the company premises or the construction sites.


6.1 The buyer can only offset against claims of the seller (purchase price including interest and costs) with counterclaims that are undisputed or legally binding.


7.1 The return of ordered goods is only possible in an undamaged and unused condition with the express consent of the seller.

7.2 The return of ordered goods in accordance with § 7.1 results in a claim for damages by the seller due to non-acceptance of 15% of the purchase price.

7.3 The return of ordered goods in a not undamaged or used condition is at the discretion of the seller. Taking back these goods leads to a claim for damages by the seller against the buyer in the amount of the loss in market value, but at least 30% of the purchase price.

7.4 The compensation for taking back is to be set higher or lower if the seller proves a higher or the buyer a lower damage.

7.5 For reminders after the occurrence of default, the seller can charge the buyer € 5.00 per reminder without prejudice to default interest.


8.1 If the purchase item can be shown to have significant defects upon transfer of risk and if the buyer has reported or complained about the defect within the agreed deadlines, the seller either delivers a replacement or improves it at its own discretion, excluding other warranty claims.

8.2 Multiple repairs are permitted. The buyer has to give the seller the necessary time and opportunity to carry out the rework. The return of a defective purchase item is at the risk and expense of the buyer.

8.3 If the improvement or the replacement delivery fails after a reasonable period and after the expiry of a further grace period set in writing by the buyer, the buyer can demand the cancellation of the contract; any further claims for damages, in particular due to compensation for use and lost profit, are excluded. In addition, the seller is only liable for gross negligence or intent in the event of other contractual, pre- and secondary contractual and tortious claims. This also applies to representatives or vicarious agents of the seller.

8.4 If the buyer procures a replacement in the event of a defective delivery, the seller is only liable for any additional price for the replacement purchase if the replacement procurement has been approved in advance.

8.5 Excluded from the guarantee are all defects that can be traced back to normal wear and tear, moisture, temperature and weather influences, lightning strikes, improper handling or storage.

8.6 All consumables are excluded from the warranty, unless the buyer proves the wrong delivery or a significant manufacturing defect within a reasonable period of time after delivery by the seller.

8.7 A guarantee for defects is excluded as long as the buyer is in arrears with the seller, regardless of the transaction or legal basis in the relationship between the parties. The buyer waives a right of retention, the seller accepts this waiver.

8.8 The sale of used material takes place under the exclusion of any guarantee.


9.1 Notices of defects are to be made in writing immediately, at the latest, however, within 8 days. 9.2 Defects that are not immediately recognizable or that only become apparent during or after processing or use must be reported in writing immediately after their discovery, but at the latest within 5 working days. Express reference is made to the obligation to examine in accordance with Section 377 of the German Commercial Code (HGB).


The possible ineffectiveness of individual provisions of these sales conditions has no influence on the existence of the remaining provisions.


The place of jurisdiction is Frankfurt / Main. The place of performance is the respective distribution warehouse. It is only the law of the Federal Republic of Germany.