Terms and Conditions

(1) The seller retains title to the purchased item until all payments from the delivery contract have been received. If the customer breaches the contract, in particular if payment is delayed, we are entitled to take back the purchased item. Taking back the purchased item by us constitutes a withdrawal from the contract. After taking back the purchased item, we are entitled to dispose of it; the proceeds from the disposal are to be credited to the customer’s liabilities – less reasonable disposal costs.

(2) The customer is obliged to treat the purchased item with care; in particular, he is obliged to insure it at his own expense against fire, water and theft damage at its new value. If maintenance and inspection work is required, the customer must carry this out in a timely manner at his own expense.

(3) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can file a lawsuit in accordance with Section 771 of the Code of Civil Procedure. If the third party is unable to reimburse us for the legal and extrajudicial costs of a lawsuit in accordance with Section 771 of the Code of Civil Procedure, the customer is liable for the loss incurred by us.

(4) The customer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim that arise from the resale against his customers or third parties, regardless of whether the purchased item was resold without or after processing. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds received, does not fall into arrears and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended. However, if this is the case, we can demand that the client informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

(5) The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire joint ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. The same applies to the item created through processing as to the purchased item delivered subject to reservation.

(6) If the purchased item is inseparably mixed with other items that do not belong to us, we acquire joint ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the main item, it is agreed that the customer transfers proportionate joint ownership to us. The customer keeps the sole ownership or joint ownership thus created for us.

(7) The client also assigns to us the claims to secure our claims against him that arise from the connection of the purchased item with a property against a third party.

(8) We undertake to release the securities to which we are entitled at the client’s request to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is our responsibility.