General terms and conditions

I. Validity/Offers

1. These General Terms and Conditions apply to all – including future – contracts and other services. The buyer’s terms and conditions shall not be binding on us even if we do not expressly object to them again upon receipt.
2. Our offers are non-binding. Agreements, especially verbal collateral agreements, commitments, guarantees, and other assurances by our sales employees, only become binding with our written confirmation.
3. The documents belonging to the offer, such as drawings, illustrations, technical data, references to standards, and statements in advertising materials, do not constitute quality specifications, property assurances, or guarantees unless they are expressly designated as such in writing.

II. Prices

1. Our prices are understood, unless otherwise agreed, to be ex-works, excluding packaging, and are subject to the applicable value-added tax.
2. If the goods are delivered packaged, we charge packaging at cost price; in accordance with legal regulations, we take back packaging that we have delivered if the buyer returns it to us freight-free within a reasonable period.
3. Reels are charged separately. Loaned reels will be taken back and credited at 2/3 of the invoice value, provided they are returned to us freight-free and free of defects within two years of delivery. Disposable reels are not taken back.

III. Payment and settlement

1. Our invoices are due within 8 days with a 2% discount, or within 30 days net, in each case from the invoice date. Payment must be made within these periods so that the amount required for invoice settlement is available to us by the due date at the latest. The buyer is in default at the latest 10 days after the due date of our claim, without the need for a reminder.
2. Invoices for amounts under EUR 50.00 as well as for installations, repairs, and other services are due immediately and payable net.
3. Counterclaims disputed by us or not legally established do not entitle the buyer to withhold payment or to offset.
4. If the payment deadline is exceeded, or at the latest in case of default, we are entitled to charge interest at the respective bank rates for overdraft credit, but at least 9 percentage points above the base rate. Further claims for default damages remain reserved.
5. If it becomes apparent after the conclusion of the contract that our payment claim is at risk due to the buyer’s lack of financial capability, we are entitled to the rights under § 321 BGB (defense of uncertainty). We are then also entitled to declare all outstanding claims from the ongoing business relationship with the buyer due and to revoke the collection authorization according to Section V/5. In case of payment default, we are also entitled to demand the return of the goods after a reasonable grace period has expired and to prohibit the resale and further processing of the delivered goods. The return does not constitute a withdrawal from the contract. The buyer can avoid all these legal consequences by making payment or providing security in the amount of our endangered payment claim. The provisions of the Insolvency Code remain unaffected.
6. A granted discount always applies only to the invoice amount excluding freight and presupposes the complete settlement of all due liabilities of the buyer at the time of discounting.

IV. Delivery Deadlines

1. Delivery deadlines and dates are met if the goods have left our facility by their expiry.
2. Our delivery obligation is subject to correct and timely self-delivery unless we are responsible for incorrect or delayed self-delivery.

V. Measurements, Weights, Qualities

1. Deviations of the delivered goods from offers, samples, trial, and previous deliveries, as well as from measurement, weight, and quality, are permissible according to the respective applicable DIN/EN standards or other relevant technical standards.
2. Tolerances for assembled ropes and rope meter goods are considered agreed upon. The tolerances depend on the rope length, always measured in an unloaded state.
   
   • Assembled Ropes:
   • Ropes up to 1m in length: Permissible tolerance: ± 2%
   • Ropes over 1m, up to 10m in length: Permissible tolerance: ± 1%
   • Ropes over 10m in length: Permissible tolerance: ± 0.5%
   • Rope Meter Goods:
   • Ropes up to 1m in length: Permissible tolerance: ± 2%
   • Ropes over 1m, up to 10m in length: Permissible tolerance: ± 1%
   • Ropes over 10m, up to 400m in length: Permissible tolerance: ± 1%
   • Ropes over 400m in length: Permissible tolerance: +5% / -1%
3. Regardless of the above tolerances, deviations from these tolerances are possible at any time by written agreement and confirmation from us.

VI. Retention of Titel

1. All delivered goods remain our property (reserved goods) until all claims arising from the business relationship have been fulfilled, regardless of the legal basis, including future or conditional claims.
2. Processing and transformation of the reserved goods are carried out for us as the manufacturer within the meaning of § 950 BGB, without obliging us. The processed goods are considered reserved goods within the meaning of Section V/1. If the reserved goods are combined or mixed with other goods by the buyer, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the invoice value of the other used goods. If our ownership is extinguished by combination or mixing, the buyer already transfers to us the ownership rights to the new stock or item in proportion to the invoice value of the reserved goods and stores them free of charge for us. The co-ownership rights thus created are considered reserved goods within the meaning of Section V/1.
3. The buyer may only sell the reserved goods in the ordinary course of business under normal business conditions and as long as he is not in default, provided that the claims from resale are transferred to us in accordance with Sections V/4 to V/6. Other dispositions over the reserved goods are not permitted.
4. The buyer’s claims from the resale of the reserved goods are hereby assigned to us. They serve as security to the same extent as the reserved goods. If the buyer sells the reserved goods together with other goods not sold by us, the assignment of the claim from the resale applies only to the amount of the resale value of the respective reserved goods sold. In the case of the sale of goods in which we have co-ownership shares in accordance with Section V/2, the assignment of the claim applies to the amount of these co-ownership shares.
5. The buyer is authorized to collect claims from the resale until our revocation, which is permissible at any time. We will only use the right of revocation in the cases specified in Section III/5. At our request, the buyer is obligated to immediately inform his customers of the assignment – unless we do so ourselves – and to provide us with the information and documents required for collection.
6. The buyer must notify us immediately of any seizure or other interference by third parties.
7. If the value of existing securities exceeds the secured claims by more than 20% of the realizable value, we are obliged to release securities at the buyer’s request at our discretion.

VII. Execution of Deliveries

1. Upon transfer of the goods to a forwarding agent or carrier, at the latest upon leaving the warehouse or – in the case of drop shipments – the supplier’s facility, the risk for all transactions, including carriage-paid and free-house deliveries, passes to the buyer. The obligation and costs of unloading are borne by the buyer. We will only arrange insurance upon the buyer’s instructions and at their expense.
2. We are entitled to make partial deliveries to a reasonable extent. For custom-made goods, over- and under-deliveries of up to 10% of the agreed quantity are permissible.
3. For call-off orders, we are entitled to manufacture or have the entire order quantity manufactured in one batch. Any requested modifications after order placement cannot be considered unless explicitly agreed upon. Call-off dates and quantities, unless firmly agreed, can only be met within our delivery or production capabilities. If the goods are not called off in accordance with the contract, we are entitled to invoice them as delivered after a reasonable grace period has expired.

VIII. Liability for Defects

1. The condition of the goods is determined exclusively by the agreed technical delivery specifications. If we supply goods based on drawings, specifications, samples, etc. provided by the buyer, the buyer assumes responsibility for their suitability for the intended use. Tolerances as per section V.2. are not considered defects.
2. We are not liable for material defects caused by unsuitable or improper use, faulty assembly or commissioning by the buyer or third parties, normal wear and tear, improper or negligent handling, nor for consequences of improper modifications or repair work carried out by the buyer or third parties without our consent. The same applies to defects that only insignificantly reduce the value or usability of the goods.
3. In the case of a justified and prompt notice of defects, we may, at our discretion, either remedy the defect or supply a defect-free item (subsequent performance). If subsequent performance fails or is refused, the buyer may reduce the purchase price or withdraw from the contract after setting a reasonable deadline that expires without success. If the defect is insignificant, the buyer is only entitled to a reduction in price.
4. We only assume expenses related to subsequent performance if they were caused by our fault or if we have provided a warranty in an individual case. In particular, such expenses must be in a reasonable proportion to the purchase price of the goods. We do not cover costs incurred due to the goods being transported to a location other than the buyer’s registered office or branch unless such transportation was contractually agreed upon.
5. The buyer cannot invoke defects in the goods if they do not give us the opportunity to inspect the defect, particularly if they do not provide the complained goods or samples upon request.
6. Further claims are excluded in accordance with section VIII. This applies in particular to claims for compensation for damages that did not occur to the goods themselves (consequential damages).

IX. General Limitation of Liability and Statute of Limitations

1. We are liable for breach of contractual and non-contractual obligations, in particular for impossibility, delay, fault in the initiation of the contract and tortious acts – including for our senior employees and other vicarious agents – only in cases of intent and gross negligence, limited to the typical contractual damage foreseeable at the time the contract was concluded.
2. These limitations do not apply in cases of culpable breach of essential contractual obligations where achieving the contract’s purpose is endangered, in cases of mandatory liability under the Product Liability Act, for damages resulting from injury to life, body, or health, and if we have fraudulently concealed defects or guaranteed their absence. The rules on the burden of proof remain unaffected.
3. Unless otherwise agreed, contractual claims the buyer has against us in connection with the delivery of goods expire one year after delivery of the goods. This period also applies to goods that, according to their usual application, were used in a building and caused its defectiveness, unless such use was explicitly agreed in writing. Our liability for intentional and grossly negligent breaches of duty, as well as statutory recourse claims, remains unaffected. In cases of subsequent performance, the limitation period does not restart.

X. Copyrights

1. We retain ownership and copyright of cost estimates, designs, drawings, and other documents; they may only be made accessible to third parties with our consent. Drawings and other documents belonging to offers must be returned upon request.
2. If we manufacture items according to drawings, models, samples, or other specifications provided by the buyer, the buyer guarantees that third-party rights are not infringed. If third parties prohibit us from manufacturing and delivering such items by invoking intellectual property rights, we are entitled to cease all further activity without being required to verify the legal situation. In the event of fault on the buyer’s part, the buyer must compensate us for damages. Furthermore, the buyer must indemnify us from all claims by third parties related to this matter without delay.

XI. Place of Performance, Jurisdiction, and Applicable Law

1. The place of performance for our deliveries is our facility. The place of jurisdiction for merchants is the location of our headquarters. We may also bring legal action against the buyer at their place of jurisdiction.
2. All legal relationships between us and the buyer shall be governed, in addition to these conditions, by German law, including the provisions of the United Nations Convention of April 11, 1980, on Contracts for the International Sale of Goods (CISG).

XII. Authoritative Version

In case of doubt, the German version of these General Terms and Conditions of Sale shall prevail.

Download the General Terms and Conditions as a PDF here.