GTC

General Terms and Conditions

• 1 Scope of application

The following General Terms and Conditions (GTC) exclusively govern the contractual relationship between us (Lindenmann GmbH & Co. KG) and entrepreneurs who purchase goods from us. We do not recognize any terms and conditions that conflict with or deviate from our General Terms and Conditions.

• 2 Conclusion of contract

(1) The offers on the Internet represent a non-binding invitation to you to purchase goods. (2) You can place one or more products in the shopping cart. In the course of the ordering process, you enter your data and preferences regarding payment method, delivery modalities, etc.. Only when you click on the order button do you submit a binding offer to conclude a purchase contract. However, you can also place a binding order by telephone or fax. The immediate confirmation of receipt of your order by e-mail or fax does not constitute acceptance of the purchase offer. (3) We are entitled to accept your offer within 1 working day by sending an order confirmation by e-mail. If the period specified in sentence 1 expires without result, your offer is deemed to have been rejected, i.e. you are no longer bound by your offer. In the case of a telephone order, the purchase contract is concluded if we accept your offer immediately. If the offer is not accepted immediately, you are no longer bound by it.

• 3 Information: Storage of the contract text

Your order with details of the contract concluded (e.g. type of product, price, etc.) will be stored by us. We will send you the GTC, but you can also access the GTC at any time after conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer login area Order information.

• 4 Information: Correction note

You can correct your entries at any time before submitting the order using the delete button. We will inform you of further correction options as you progress through the ordering process. You can also end the order process completely at any time by closing the browser window.

• 5 Delivery

Unless special arrangements have been made for individual cases, the goods shall be delivered EXW (Ex Works) from our registered office in Pforzheim (INCOTERMS 2010) to the buyer.

• 6 Retention of title

We reserve title to the goods until all our claims and other claims arising from this purchase contract, including claims that only become due in the future, have been satisfied in full.

• 7 Right of retention of the seller

(1) Without waiving any further legal rights, we are entitled to refuse to fulfill our contractual obligations, in particular to hand over the goods, as long as we have reasonable doubts that you will be able to fulfill your obligations under the purchase contract in full. (2) In particular, we may refuse to provide our services or hand over the goods if you do not make the payments owed to us or a third party under this contract in full or on time.

• 8 Right of retention of the buyer

(1) You may neither offset against our claim nor assert a right of retention unless your claim has been legally established, recognized by us in writing or is ready for decision. (2) Your right to withhold payments and to raise objections is excluded. This exclusion shall not apply if, despite your written request, we do not fulfill our contractual obligations to deliver the agreed goods and transfer ownership thereof or provide adequate security for the fulfillment of our contractual obligations.

• 9 Non-contractual object of purchase

(1) The goods are not in conformity with the contract if they clearly deviate from the agreed specifications at the time of the transfer of risk. In the absence of a contractual agreement, the goods are not in conformity with the contract if they are not suitable for the usual use at your place of business. (2) In particular, we are not responsible for ensuring that the goods are suitable for a special use intended by you.

• 10 Inspection and notification obligations of the buyer

(1) You must inspect the goods for any recognizable defects immediately, if required by law, otherwise no later than 10 days after delivery. This obligation also extends to the inspection of the contractually agreed quality of the goods. (2) If the goods do not correspond to the agreed quality, you must notify us immediately. The notification must in any case be made immediately and in writing.

• 11 Consequences of a non-contractual delivery

(1) After timely notification of the defect in the goods, you may demand remedies in accordance with the UN Convention on Contracts for the International Sale of Goods and taking into account the agreements contained in this contract. (2) You are entitled to demand a replacement delivery or repair of the goods or a reduction of the purchase price in accordance with the provisions of the UN Convention on Contracts for the International Sale of Goods.

• 12 Rescission by the buyer

Without prejudice to the applicable statutory provisions, you are only entitled to cancel this purchase contract if you have notified us of your intention in writing, have set a reasonable deadline for the fulfillment of the contractual obligations and this deadline has expired without success.

• 13 Rescission by the seller

Without waiving any further legal rights, we are entitled to cancel this contract in whole or in part without compensation if – insolvency proceedings are applied for against your assets; – you do not provide suitable collateral or do not provide the collateral on time; – you do not pay the purchase price in full or on time; – for other reasons we are unable to fulfill our contractual obligations with funds that are not economically reasonable in relation to the agreed consideration.

• 14 Applicable law

(1) The legal relationship with you is subject to the provisions of the English version of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention). (2) German law shall apply to contractual and non-contractual legal relationships outside the scope of the UN Convention on Contracts for the International Sale of Goods.

• 15 Contract language

This contract is written in German. All communications must be made in German. Other versions of the contract are only valid for better understanding. In all cases, the aforementioned version shall take precedence.

• 16 Jurisdiction agreement

The exclusive place of jurisdiction for any disputes arising from this contract is the seller’s place of business.