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Terms and Conditions§ 1General(1) These Conditions shall apply to all contracts between the purchaser and us with regardto the delivery of goods. The Conditions also apply to all future business activities, withoutthe requirement for further confirmation of its application. All other terms and conditionsincluding any terms and conditions which the purchaser may purport to apply are,without our express agreement excluded, with or without our express objection. TheConditions also apply when we fulfil the purchaser's orders in the knowledge of thepurchaser having conditions that contradict these.(2) All agreements, made between the purchaser and Heinz-Günter Lau GmbH in connectionwith the fulfilment of purchase orders must be in written form.We are also liable to the purchaser for delays in delivery within the constraints of applicablelaw in cases where our representatives or employees have displayed wilful or grossnegligence. Our liability is limited to foreseeable, typically occurring damages when thedelivery delay is caused by wilful breach of contract for which we are not responsible.(3) Damage liability will be limited to foreseeable, typically occurring damages in the case ofour being responsible for a delay in delivery which is caused by the culpable breach ofan essential contractual obligation. We are liable for the negligence of our representativesor employees as provided for by applicable law.(4) Otherwise the purchaser can, in the case of a delivery delay for which we are responsible,demand compensation for each full week of delay at a rate of 0.5% of the deliveryvalue, but no higher than 5% of the delivery value.(3) These Conditions apply to companies, legal entities under public law or other specialpublic assets.§ 2Offers and connected documentation(1) A purchase order that is made in order to qualify for an offer can be confirmed by us withintwo weeks, either in written form or through delivery of the order.(2) Offers are subject to confirmation and unless our explicit confirmation is given, nonbinding.(5) All further liability for delivery delays for which we are responsible is excluded. All otherapplicable legal claims and rights of the purchaser, external to damage claims due to deliverydelays for which we are responsible, remain unaffected.(6) We retain the right to implement partial deliveries / services where this can be consideredreasonable for the purchaser.(7) If the purchaser defaults in acceptance, we have the right to claim compensation for theresulting damages and any additional expenditure. The same applies if the purchaserculpably breaches cooperation obligations. Where acceptance or debtor delay occurs,the risk of accidental deterioration or breakdown is transferred to the purchaser.(3) We retain ownership and copyright of all illustrations, calculations and diagrams. Thepurchaser is entitled only with our express written agreement to pass these on to a thirdparty, irrespective of whether they have been marked confidential.(4) Documentation connected to the offer, such as illustrations, diagrams, weight and dimensionsis only representative unless expressly designated as being binding.§ 3Price / payment conditions§ 5Transfer of risk - packaging costs(1) Delivery is agreed as being "ex-works, Ahrensburg" or "Hamburg wharf" unless the contractualrelationship dictates otherwise.(2) We will attempt, with regards to shipping methods and routes, to meet the wishes andinterests of the purchaser; any additional costs incurred - including the agreed freightfreedelivery - will be borne by the purchaser.(1) Prices are "ex works, Ahrensburg" or "ex Hamburg wharf", unless stated otherwise in theorder confirmation. Packaging and insurance will be invoiced separately.(2) Value Added Tax is not included in the prices and will be invoiced separately at the levelapplicable on the day of invoicing.(3) Legal regulations will apply if the purchaser is late in paying.(3) With the exception of pallets, we do not take back any packaging; transport or otherwisein connection with any packaging regulations that may apply. The purchaser is obligedto dispose of packaging at the purchaser's own cost.(4) If the delivery is delayed at the purchaser's request or because of default in payment, storageof the goods is at the risk and expense of the purchaser. In this case, the notificationof delivery readiness is equivalent to delivery.(4) If nothing else results from the order confirmation, the purchase price is due in full within30 days after receipt of the invoice. Late payment will result in default interest being chargedat 8% over the base interest rate. Additional costs may be applied in the event of ourproving further damages due to a delay in payment, the purchaser retains the right to provideevidence to the contrary.§ 6Warranty(1) The purchaser's warranty claims presupposes that the obligations of inspection and notification,pursuant to §§ 377, 378 of the HGB, have been properly fulfilled.(5) The purchaser is only entitled to offset payment for a valid claim or otherwise; if a legaljudgement has been passed that confirms the counter claim; if our acceptance of thecounter claim has been confirmed, or if it is not in dispute. The buyer is furthermore onlyentiled to exercise a right of retention according to the above conditions if his counterclaimis based on the same contractual relationship.§ 4Delivery(1) Delivery dates or deadlines are only estimations and as such non-binding in unlessexpress confirmation is given. The delivery time does not begin until all technical questionshave been clarified. In addition, the purchaser must have correctly met all obligationswithin the time required.(2) If the basic purchase contract is classed as a "firm deal" as according to § 271 BGB orof § 376 HGB, we are liable in accordance with the legal regulations. The same applies ifthe purchaser decides to cancel an order, due to a delivery delay for which we are responsible.In this case, liability is limited to foreseeable, typically occurring damages, if thedelivery delay is not caused by wilful breach of contract on our part, but if it can be deemedthat a representative, or employee acted negligently.(2) Insofar as there is a defect of the goods for which we are responsible, to the exclusion ofthe entitlement of the purchaser to withdraw from the contract or to reduce the purchaseprice (reduction), we are obliged to subsequent specific performance, unless suchperformance is only possible for us at disproportionate expense (§ 439, Paragraph 3BGB). The purchaser must provide an appropriate period for us to implement the remedy.The remedy can be implemented by repairing the defect (improvement) or by deliveringnew goods, as requested by the purchaser. We are liable for the necessary expenditurein the case of repair, insofar as these are not increased by the contractua objectbeing moved to a site other than the agreed place of performance.If our attempt to remedy is not successful, the purchaser can choose to reduce thepurchase price or cancel the contract. Any improvement measures will be seen as invalidafter the second unsuccessful attempt unless further improvement measures areappropriate according to the contract object and if acceptable to the purchaser.Damage compensation claims based on the following conditions, due to defects can onlybe applied by the purchaser when improvement attempts are unsuccessful. The right ofthe purchaser to apply further damage compensation claims, based on the following conditions,remains unaffected.(3) The purchaser has a warranty claim period of three years following delivery of the goods.Our obligations as per § 6 para. 4 and para. 5 remain unaffected by this.Spitzentechnologie, die überzeugt133