GENERAL TERMS AND CONDITIONS OF BUSINESS

The following conditions apply to all deliveries and sales of goods:

1. The buyer's general terms and conditions, in particular the buyer's terms of purchase, delivery, and payment, are invalid if they conflict with the seller's terms of purchase, delivery, and payment. If the buyer confirms our order in a manner that deviates from our terms and conditions, only our terms of purchase, delivery, and payment shall apply, even if we do not object. Deviations are therefore only valid if they have been expressly confirmed by us in writing.
2. Only undisputed or legally established claims entitle the buyer to offset. If the buyer is a merchant, there is no right of retention on the purchase price.
3. Payments for deliveries are due as agreed. If the payment deadline is exceeded, €2.50 will be charged for each reminder letter; this does not apply to the first reminder. If the buyer defaults on payment, interest will be charged at the standard bank debit interest rate, but at least statutory interest of 5 percentage points above the base interest rate of the Deutsche Bundesbank, or 8 percentage points if a consumer is not involved. If the buyer has provided incorrect or incomplete information regarding his creditworthiness, the seller may withdraw from the contract. In this case, the seller may also, without prejudice to his other rights, demand immediate payment of all claims arising from the business relationship.
4. The seller may demand a flat-rate compensation of 25% of the order amount from the buyer without providing individual proof if the buyer fails to accept the goods or otherwise fails to fulfill the contract. The amount of damages shall be higher or lower if the seller proves higher or the buyer proves lower damages.
5. Small orders are generally only delivered by freight forwarding, and the buyer bears the costs. If additional loading is possible, we will deliver within Germany (excluding destinations that are not directly accessible by truck, such as islands) as a service once the freight-free limit has been reached. Otherwise, prices are ex works. Even with carriage paid delivery, the goods are transported at the buyer's risk. Transport insurance is only purchased at the buyer's express request and is at their expense. Packaging is charged at cost and is non-returnable.
6. Acceptance of the purchased goods takes place at our factory. Otherwise, the goods are deemed to have been accepted and delivered in accordance with the contract after loading. Returns are generally only accepted for in-stock items, up to 90% of the value, within three months of the invoice date. The buyer is responsible for return transport. Return transport costs will be charged according to the current freight forwarding cost schedule, regardless of whether the transport is carried out by an external freight forwarder or a vehicle from Georg Gunreben GmbH & Co.KG. Special orders or custom-made items are generally excluded from returns.
7. If written confirmations remain unobjected by the other party for four days, the content of the confirmation shall be deemed agreed and binding for both parties.
8. Delivery dates or times promised in writing or verbally are always to be understood as planned dates and are therefore non-binding. Fixed dates will not be accepted even without express objection. Any costs resulting from postponements, such as waiting or downtimes or contractual penalties, will not be borne without a prior, express, separate contractual agreement. Claims or demands from third parties are irrelevant for the seller. The seller reserves the right to change delivery dates or times at its own discretion without stating reasons and without consulting or obtaining the consent of the buyer.
9. Samples illustrate the average pattern and color of the goods. They do not guarantee that each individual piece will exactly match the sample.
10. Complaints can only be considered if they are submitted in writing and accompanied by supporting documents within 8 days of receipt of the goods - or immediately upon discovery in the case of hidden defects. Otherwise, the shipment, including sorting, is deemed accepted. Complaints are excluded if the goods have been processed or treated. The processor must ensure that the goods do not give rise to any complaints before commencing processing or treatment.
11. The sold goods remain our property until full payment, in the case of bills of exchange or checks, until full payment of our claims arising from the business relationship with the buyer. The buyer is authorized to dispose of the purchased goods in the ordinary course of business. If the buyer resells the goods before full payment, he hereby assigns to the seller any resulting claims against third parties in the amount of the value of the reserved goods. If the value of the securities exceeds our claims by more than 20%, we will release securities of our choice at the buyer's request.
12. All previous price agreements are superseded by the current price list. We reserve the right to change dimensions and prices.
13. The place of performance for delivery is the respective place of departure of the goods, and for payment, Bamberg. If the buyer is a merchant, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Bamberg or, at our discretion, his general place of jurisdiction.
14. German law shall apply to the contractual relationship and the interpretation of these terms and conditions (the German version being binding). Any disputes that may arise between the contracting parties shall be governed by German law.
15. Should any provision of this contract be legally unenforceable or contain a gap, this shall not affect the legal validity of the remaining provisions of the contract. In such a case, the invalid or missing provision shall be replaced by the statutory provision or a supplementary interpretation of the contract.