The present General Conditions of Sale and Supply (GCS) apply to all business relationships between us and our respective business partners who purchase our goods and services (“Customers”). The GCS apply in particular to contracts for the sale and/or the supply of movables, regardless of the fact whether we manufacture the products ourselves or whether we purchase them from sub-suppliers. These GCS apply merely to customers who are entrepreneurs as defined by
§14 of the German civil code (BGB), corporate bodies under public law or special public funds. The GCS in their respective version are considered as a frame agreement also for future contracts with the customer and do not need to be referred to for each individual case; the currently valid version of the GCS can be found at http://wolfshoehe.de/. These GCS are the ones that solely apply. Deviating, opposing or complementary conditions of the customer shall only become integral part of the contract to the extent where we have explicitly given our approval. The approval is required in any case, even if we supply, for example, without reservation and aware of the customer’s general terms and conditions. In order to clarify, we point out that individual agreements with the customer shall prevail over the present GCS. For them to be valid, text form is equally required as it is for unilateral transactions after the conclusion of contract between the customer and us. Messages via E-mail or facsimile are considered as text form.
By reception of the goods at the latest and provided that we have made prior reference to our GCS, our terms of supply and of payment are considered as contractually agreed.
§ 1. Conclusion of a contract, scope of delivery
§ 2. Pricing
§ 3. Delivery time
§ 4. Call-off supply contracts
§ 5. Force majeure and other impediments
§ 6. Dimensions, weights, quantities
§ 7. Packaging and transport containers
§ 8. Shipment and transfer of perils
§ 9. Terms of payment
§ 10. Retention of title
§ 11. Defects, delivery of non-contractual goods
§ 12. Order-related production facilities
§ 13. Liability, compensation
§ 14. Limitation of liability in time
§ 15. Place of fulfillment, place of jurisdiction
§ 16. Applicable law
All contractual relations between the customer and us are exclusively governed by the laws of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are not applicable.
§ 17. Partial nullity
If single terms of these supply and payment conditions are legally void or become legally void either in full or in parts, the validity of the remaining provisions of the agreement shall remain unaffected.
§ 18. Confidentiality provision
Our business partners commit themselves to not disclosing any data which is related to the business relationship to any unauthorized third party and to protect and to keep the data safe against unauthorized access and misuse.