GTC

I. Scope of application

1. The following terms and conditions are conclusive and an integral part of the contract. They apply to all (including future) contracts and other services. All offers are based exclusively on our terms and conditions; they are deemed to be recognised by placing an order or accepting delivery. We shall not be bound by any terms and conditions of the customer that conflict with or deviate from our contractual terms and conditions, even if we do not expressly object to them again after receipt.
2. Verbal collateral agreements do not exist. Collateral agreements, deviations or amendments shall only become binding upon our written confirmation. Quality agreements. This applies in particular to quality agreements.
3. These terms and conditions shall only apply to companies and legal entities under public law or special funds under public law.

1. Our offers are non-binding. The documents belonging to the offer, such as drawings, illustrations, technical data, references to standards and information in brochures, are not quality agreements unless they are expressly designated as such in writing.
2. Our samples, specimens and information on the composition and quality of our products are based on our experience and expertise, but do not constitute a guarantee or other binding assurance.
3. We reserve the right of ownership and copyright to brochures, illustrations, drawings, sketches and other documents; they may not be reproduced, copied from the Internet or made accessible to third parties without our consent and must be returned to us immediately on request.

1. An order shall be deemed to have been accepted if it is confirmed by us in writing or delivered.
2. The order confirmation is decisive for the content and scope of the order.
3. The customer shall be liable for the correctness of the documents to be supplied by him, such as drawings, samples and the like. Verbal information about dimensions and the like must be confirmed in writing.

1. Our prices are quoted in EURO ex works Engelskirchen (Incoterms 2020) excluding packaging, freight, postage, customs duties and insurance. Surcharges and discounts shall be calculated from the basic price. The same applies to partial shipments and express shipments requested by the customer.
2. The minimum order value is € 250 net for deliveries within the EU and € 750 net for deliveries outside the EU. For orders below our minimum order value, we must charge a processing fee of € 50. VAT will be added to the prices at the respective statutory rate.
3. The prices according to the order confirmation shall apply up to a delivery period of four months; in the case of longer delivery periods, the prices valid on the day of delivery shall apply if our cost prices, such as material, labour or other production costs, have changed and the valid prices are reasonable for the customer.

1. Our invoices are due for payment within 14 days of the invoice date less 2 % discount or 30 days net. Payment must be made within these periods in such a way that the amount required to settle the invoice is available to us by the due date at the latest.
2. If payment is overdue, interest shall be charged at the statutory rate of currently 9% (as of 2019) above the respective base rate of the European Central Bank. We reserve the right to assert claims for higher damages caused by default.
3. Initial deliveries are always made against prepayment or cash on delivery.
4. We shall be entitled to withhold deliveries that have not yet been made if we become aware of reasons that give rise to justified doubt as to the customer's continued compliance with proper payment, e.g. application for the opening of insolvency proceedings, imminent suspension of payments or a significant deterioration in the customer's financial circumstances. In this case, we may, even if cheques are accepted, declare the entire remaining debt due immediately and set the customer a reasonable deadline for performance step by step or for the provision of security and, if the deadline expires without result, withdraw from the further fulfilment of our contractual obligations. An application for the opening of insolvency proceedings against the customer's assets shall entitle us to withdraw from the contract immediately. This shall not release the customer from his obligations arising from parts of the contract already fulfilled by us, from earlier contracts or from contracts not yet fulfilled.
5. We reserve the right to assign claims.
6. The customer shall only be entitled to set-off if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, he is only authorised to exercise a right of retention to the extent that his counterclaim is due and is based on the same contractual relationship.

1. The delivered goods shall remain our property ("reserved goods") until full payment of all (including future) claims, including all ancillary claims (e.g. financing costs, interest, etc.) arising from the business relationship between us and the customer. Payment shall be deemed to have been made upon receipt of the equivalent value by us.
2. The customer is obliged to treat the reserved goods with care. We are entitled to insure the reserved goods against theft, breakage, fire, water and other damage at the customer's expense, unless the customer has demonstrably taken out the insurance himself.
3. The purchaser is entitled to process, combine or mix and/or resell the delivery items in the ordinary course of business. The processing or remodelling of the delivery items by the purchaser is always carried out for us as the manufacturer.
4. In the event that the customer sells the delivery items before payment of all secured claims, he shall assign his claims against his customers or third parties from the resale to us upon conclusion of the delivery contract to secure the claim secured by the delivery items. We accept the assignment. We authorise the customer to collect the assigned claims until revocation. We shall be entitled to revoke this authorisation if our secured claims are jeopardised, in particular if the customer falls into arrears with his payments. The authorisation to collect shall expire without further ado at the point in time at which the customer ceases payments or files an application for the opening of insolvency proceedings. After revocation or expiry of the collection authorisation, we are entitled and the customer is obliged to notify the debtor of the assigned claim of the assignment. The customer shall refrain from any collection and shall nevertheless keep any amounts received separately for us. At our request, the customer must inform us in writing at any time to whom he has resold the delivery items and provide us with all information and documents relating to the assigned claim. 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 %; we shall be responsible for selecting the securities to be released.
5. Extraordinary dispositions, such as pledging or transfer by way of security, are only permitted with our consent. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing and provide us with all information and documents necessary to protect our rights. This shall also apply if such measures are imminent. The enforcement officer or a third party must be informed of our ownership. The customer shall bear all costs that have to be incurred for the cancellation of the seizure and for the replacement of the reserved goods, insofar as they cannot be collected from third parties.
6. In the event of behaviour contrary to the contract on the part of the customer, in particular in the event of default of payment, we shall be entitled to take back the goods after issuing a reminder and the customer shall be obliged to surrender them. If we withdraw from the contract in the event of an application for the opening of insolvency proceedings in accordance with Section V.4, we may demand the immediate return of the reserved goods.

1. Delivery periods, which can be agreed as binding or non-binding, must be in writing. They shall not commence before receipt of the documents to be procured by the customer, releases to be issued and the agreed advance payments as well as the fulfilment of all other obligations incumbent on the customer.
2. The delivery period shall be deemed to have been met if the delivery item has left our works by the end of the delivery period or if notification has been given that the goods are ready for dispatch. The delivery period shall be extended appropriately - even within a delay in delivery - in the event of unforeseen obstacles which we were unable to avert despite reasonable care in the circumstances of the case, regardless of whether they occurred at our works or at one of our subcontractors who is therefore unable to supply us on time, for example operational disruptions, the effects of industrial action or similar.
3. The delivery period shall be extended in particular if we are unable to meet a delivery date due to late or incorrect delivery by our own suppliers. This presupposes that we had concluded a congruent covering transaction with our supplier at the time of the conclusion of the contract with the customer. Upon request, we shall provide the customer with evidence of the timely conclusion of the transaction.
4. If the delivery or service becomes impossible due to the circumstances listed under 2 and 3 above or if it is delayed by more than six weeks, both the customer and we shall be entitled to withdraw from the contract without this resulting in an obligation to pay compensation.
5. We are authorised to make partial deliveries to a reasonable extent.

1. Our delivery note shall be decisive for the scope of delivery. The minimum order quantity is one packaging unit.
2. Quantity deviations must be reported in writing within 8 days of receipt of the goods.
3. Stocked goods listed in the catalogue are delivered and invoiced in the packaging units specified. We reserve the right to make changes to the packaging units.
4. For production-related reasons, excess and short deliveries of up to 15% are permitted for products not kept in stock. We reserve the right to make technical changes to our products due to continuous research and development.
5. When the goods are handed over to a forwarding agent or carrier, but at the latest when they leave the warehouse or - in the case of drop shipments - the supplier's works, the risk is transferred to the customer for all transactions, including carriage paid deliveries. We shall take out insurance against transport damage at the express request of the customer and at the customer's expense.
6. In the case of call-off orders, delivery shall be made against call-off by the customer. The period for acceptance is twelve months, calculated from the date of order confirmation. We are authorised to manufacture the entire order quantity in one go. Any change requests can no longer be considered after the order has been placed, unless this has been expressly agreed. Those quantities which have not been called off by the expiry of the aforementioned deadline will be sent to the customer at this time and invoiced.

1. The assertion of claims for defects presupposes that the purchaser has properly fulfilled his commercial inspection and complaint obligations. If the delivery item is defective, we undertake, at our discretion, to deliver a defect-free item (replacement delivery) or to remedy the defect. In the event of rectification of the defect, we shall bear all expenses necessary for the purpose of rectifying the defect, insofar as these are not increased by the fact that the delivery item has been taken to a place other than the place of fulfilment. If the rectification of the defect or the replacement delivery finally fails or is deemed to have failed, the customer is entitled, at his discretion, to withdraw from the contract or to reduce the purchase price. As a rule, the customer can be reasonably expected to make at least two attempts at replacement delivery or defect rectification.
2. We shall be liable for replacement deliveries and defect rectification work to the same extent as for the original delivery item. The limitation period for claims for defects begins anew for replacement deliveries. The limitation period for claims for defects is 12 months. It begins with the delivery of the goods to the customer.
3. No liability is accepted for damage caused by the following reasons: unsuitable or improper storage and use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, chemical, electrochemical or electrical influences, insofar as they are not attributable to our fault. We shall not be liable for the consequences of any modifications or repair work carried out improperly by the customer or third parties without our prior authorisation.

1. We shall be liable for the full amount of damages in the event of our own wilful conduct and gross negligence and in the event of wilful conduct and gross negligence on the part of our vicarious agents. We shall also be liable for the full amount of damages in the event of non-compliance with guarantees, the assumption of a procurement risk and other binding assurances, culpable injury to life, limb and health and within the scope of liability under the Product Liability Act. In the event of culpable breach of material contractual obligations, i.e. obligations which are essential for the proper performance of the contract and on the fulfilment of which the customer therefore relies and may rely, we shall be liable on the merits. The amount of our liability is limited to the reasonably foreseeable damage typical of the contract. Any further liability on our part is expressly excluded.
2. Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, employee representatives and vicarious agents.
3. A reversal of the burden of proof is not intended by these regulations.

1. The customer is entitled to return and exchange goods without giving reasons within four weeks of delivery, stating our commission number. Returns must be made carriage paid. The right to return or exchange shall not affect the customer's claims for defects in accordance with Section IX.
2. We must charge €25 for the processing costs incurred for this. Customised products are excluded from exchange.
3. The customer can return packaging material that is produced in Germany to us for a fee and have it disposed of by us or he can recycle the packaging himself.

1. Both the customer and we undertake to comply with the applicable data protection regulations (in particular those of the General Data Protection Regulation and the Federal Data Protection Act).
2. Further information on how we process personal data can be found in our data protection information [https://lukas-erzett.com/datenschutz/]. To the extent required by the provisions of the applicable data protection law, the Customer shall make this data protection information available to the employees, service providers or third parties concerned.

1. The place of fulfilment for all obligations arising from the contract is Engelskirchen.
2. The exclusive place of jurisdiction for disputes with customers who are registered traders, legal entities under public law or special funds under public law shall be the court responsible for our registered office. However, we reserve the right to take legal action at the customer's head office.
3. German law shall apply to cross-border deliveries. International sales laws (e.g. the UN Convention on Contracts for the International Sale of Goods) shall not apply.
4. If individual provisions of the delivery contract or these terms and conditions are invalid, the remaining provisions shall remain valid and binding. In the event of partial invalidity of an individual provision, the remaining part shall remain effective.