§ 1 General / Scope of Application

The following terms and conditions shall apply within the scope of an ongoing business relationship also to future order placements, without the need for a renewed express agreement, unless otherwise expressly agreed.

§ 2 Offers and conclusion of contract/ further development of the products

 The parties agree that all agreements including collateral clauses shall be agreed in writing. Oral collateral agreements shall only be valid if the other party was entitled to rely on the validity of such agreement due to special circumstances. If the contractual partner is interested in a certain qualitative or technical condition (for example, dimensions, weights, colors), this requires an express agreement, which must usually be made in writing. We would like to point out that we are constantly developing our products. Minor deviations resulting from this are permissible insofar as this does not restrict the usability at the contractual partner. Restrictions are to be accepted insofar as they are reasonable in good faith.

§ 3 Terms of delivery

We shall not be responsible for delays in delivery and performance due to force majeure - including, in particular, strikes, lockouts, official orders, etc., even if they occur at our suppliers or their sub-suppliers. They entitle us to postpone the deliveries or services for the duration of the hindrance plus a reasonable start-up time. We shall be entitled to make partial deliveries and render partial services at any time, unless this is unreasonable for the contractual partner in the individual case.

§ 4 Shipment and transfer of risk

 Unless otherwise agreed, shipment shall be for the account and at the risk of the recipient. The risk shall pass to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left our warehouse or the warehouse of our subcontractor for the purpose of dispatch. If collection of the goods by the contractual partner has been agreed, the risk shall pass to the buyer upon notification of readiness for shipment. This shall also apply in the case of carriage paid delivery.

§ 5 Terms of payment

We do not accept checks and other securities in lieu of performance, but only on account of performance. If the Seller is in default, we shall be entitled to charge the statutory default interest from the relevant date. The Buyer shall only be entitled to rights of retention or set-off if his counterclaims are undisputed, have been acknowledged by us or have been legally established. Our price calculation depends, among other things, on transport costs, tax rates, customs duties and other charges and costs. In the case of long-term contracts, these costs cannot be calculated in full at the time the contract is concluded. For goods or services to be delivered or rendered more than four months after conclusion of the contract, we must therefore reserve the right to increase the price in individual cases in accordance with the cost increase that has occurred.

§ 6 Retention of title

The delivered goods shall remain our property as goods subject to retention of title until the price and all claims arising from the business relationship have been paid in full, unless they arose later than the present claim. The contracting party shall be entitled to resell the goods subject to retention  of title in the ordinary course of its business. The contracting party hereby assigns to us its claims against its contractual partner arising from the resale, together with all ancillary rights; we accept this assignment. The permission to resell the goods in the ordinary course of business shall only apply to the extent that we actually acquire the aforementioned claims also on the basis of the aforementioned assignment. The contractual partner shall not be entitled to dispose of the reserved goods in any other way, in particular by pledging them or assigning them as security. It shall be obliged to also agree a reservation of title vis-à-vis its contractual partner. The contractual partner shall inform its own contractual partner in the context of the resale that it is selling third-party goods subject to retention of title. At our request, the contractual partner shall be obliged to inform us of his contractual partner at any time. If our contractual partner defaults on payment, we shall be entitled to disclose to our contractual partner's contractual partner the assignment of the claim arising from the resale and to demand payment from us. In the event that the goods subject to retention of title are combined, mixed or processed, it is agreed that our contractual partner shall do so on our behalf as manufacturer. Insofar as this combination, mixing or processing results in the acquisition of ownership or partial ownership in accordance with statutory provisions, we shall acquire ownership directly on the basis of our status as manufacturer. By way of security, our contractual partner hereby assigns to us any ownership he may acquire as a result of combining, mixing or processing the goods subject to retention of title; we accept this assignment. We shall be entitled to demand the return of the reserved goods from the contractual partner as soon as we have withdrawn from the contract. 

§ 7 Warranty

Warranty claims are subject to a limitation period of one year after transfer of risk. Visible defects and the absence of warranted characteristics must be reported in writing immediately after delivery, at the latest within seven days. Externally visible transport damage must already be noted on the delivery bill by the contractual partner when acknowledging the goods and must also be reported to us immediately by e-mail or telephone. In the event of a justified notice of defect, we may, at our discretion, deliver replacement goods free of defects or repair the existing defects within a reasonable delivery period. There is no claim to replacement delivery. Multiple rectifications are permissible insofar as this is reasonable for the contractual partner. No changes may be made to the defective goods. The defective goods must either be made available for collection without delay or, at our express request, must be sent to us at our expense by the means of dispatch specified by us. Our warranty obligation shall lapse if the contractual partner carries out work or repairs on our product, replaces parts or uses consumables that do not comply with the original specifications. We are not responsible for damage caused by use, cleaning or processing of the products. A non-assignment clause is agreed for the contractual partner's warranty claims against us.

§ 8 Liability

If we are obliged to pay damages on the merits, our liability shall be limited to the typically foreseeable damage. This limitation shall not apply if we or our vicarious agents can be accused of intent or gross negligence, if we or our vicarious agents have violated an essential contractual obligation or if liability exists due to injury to life, body or health.

§ 9 Place of performance

The place of performance is Coesfeld.

§ 10 Place of Jurisdiction

The place of jurisdiction is Coesfeld. Optionally, only we are entitled to sue the contractual partner at his place of business or at the other legal places of jurisdiction.

§ 11 Choice of Law

The parties agree that the law of the Federal Republic of Germany shall apply exclusively. However, the unified UN Convention on Contracts for the International Sale of Goods is expressly excluded.

§ 12 Data protection

We point out to the contractual partner that we store and process the data provided to us in compliance with the applicable data protection regulations.

§ 13 Disposal and recycling in accordance with the Electrical and Electronic Equipment Act

The law on the marketing, return and environmentally sound disposal of electrical and electronic equipment obliges the manufacturer, insofar as old equipment of users other than private households is concerned, to provide an opportunity for the return of the equipment supplied and to dispose of the old equipment. Pursuant to Section 19, Paragraph 1, Sentence 4 of this Act, other agreements are possible. It is therefore agreed that the obligations specified in Section 19 (1) Sentence 1 of the Electrical and Electronic Equipment Act are to be fulfilled by the contractual partner.

§ 14 Force Majeure

In cases of force majeure, the contracting party affected thereby shall be released from its performance obligations for the duration and to the extent of the effect. If the non-performance by Licht-Con is based on circumstances for which Licht-Con is not responsible, in particular natural disasters, strike, lockout, war, terrorist attack or other cases of force majeure, the obligation to pay a contractual penalty shall not apply. For the duration of the impediment Licht-Con is not bound to the agreed delivery time. The parties expressly clarify that delivery delays and delivery failures related to the Corona pandemic shall be considered force majeure among the contracting parties.

§ 15 Severability clause

The invalidity of any of the above clauses shall not affect the validity of the remaining terms and conditions. The invalid clause shall be replaced by the provision which, according to the presumed common intention of the contract, comes closest in economic terms to the invalid contra