1. VALIDITY

1.1 These General Terms and Conditions of Delivery are an integral part of every contract concluded by us, unless other agreements are expressly confirmed by us in writing. As exclusively valid contractual terms and conditions, they shall take precedence over other provisions, in particular conflicting terms and conditions of purchase of the customer. We expressly object to such terms and conditions of purchase.

1.2 These General Terms and Conditions of Delivery shall apply until further notice to all legal relationships between us and the customer arising from all current orders, including those not yet fully processed, and all future orders of the customer.

2. OFFER AND ORDER CONFIRMATION

2.1 Our offers are subject to change. Binding supply contracts shall only come into effect with our order confirmation, unless a written contract is concluded. All ancillary agreements and commitments, in particular those made by employees, shall only become effective when included in the order confirmation or confirmed in writing.

2.2 Dimensions and other specifications are subject to production-related margins and tolerances. Deviations must be agreed in writing in each individual case.

2.3 We reserve all property rights and copyrights to all cost estimates, drawings, samples, gauges and tools. These documents may not be used for other purposes, reproduced or made accessible to third parties. We shall also be entitled to ownership of tools if tool costs are reimbursed by the customer directly or via the price.

3. CALL ORDERS

3.1 If call orders have been placed, the acceptance period shall be 12 months from the date of order confirmation, unless otherwise agreed in writing.

3.2 After expiry of this period, we shall be entitled, at our discretion, to invoice the remaining goods or to cancel the remaining order, whereby the customer shall be charged with the costs incurred.

4. PRICES

4.1 The prices apply ex works for the quantities and batch sizes requested. They are exclusive of the applicable value added tax.

4.2 The prices do not include shipping and packaging costs, unless otherwise agreed in writing.

4.3 If the delivery is made as agreed more than 4 months after the order confirmation or if the processing of a call-off order extends over more than 4 months, we shall be entitled to pass on any increases in labour and material costs occurring after the aforementioned period, unless otherwise agreed in writing.

5. TERMS OF PAYMENT

5.1 Unless otherwise agreed, payments shall be made net within 30 days. In the event of later payment, interest on arrears shall be due or, after a reminder, default interest of 2% above the ECB discount rate. We reserve the right to claim further damages.

5.2 If the customer is in arrears with a payment or if a significant deterioration in his financial circumstances becomes known, we shall be entitled to demand immediate payment of all outstanding invoices, including those not yet due, or cash payment prior to delivery. Furthermore, we may cancel orders in whole or in part or take back delivered goods that have not yet been paid for in full without simultaneously cancelling the contract.

6. ACCEPTANCE, TRANSFER OF RISK AND DESPATCH

6.1. Die Lieferung erfolgt ab Postbauer-Heng/Veliko Tarnovo. Sie ist mit der Übernahme oder Bereitstellung zum Versand erfüllt.

6.2 The risk shall pass to the customer, even if carriage paid delivery has been agreed, insofar as the delivery has been made available or collected at the place of manufacture.

6.3 We reserve the right to choose the dispatch routes, means of transport and other temporary protective measures in the absence of corresponding instructions from the customer, whereby we are not obliged to choose the cheapest type of transport. Unless otherwise agreed, the costs for postage and freight shall be borne by the customer. Shipment shall be made by us in the name and for the account of the customer; we are authorised to do so. We shall only take out insurance at the express request of the customer and at the customer's expense. Packaging costs shall be borne by the customer; they shall be charged by us at cost price. For domestic deliveries, we will credit 2/3 of this packaging price if the packaging can be reused and if it has been returned to us free of charge.

7. DELIVERY PERIOD AND DELIVERY

7.1 All information on delivery periods is always approximate and non-binding, unless otherwise agreed.

7.2 Compliance with all delivery deadlines is subject to the timely receipt of all documents and information to be supplied by the customer, necessary authorisations, approvals, parts to be provided and compliance with the agreed terms of payment and other obligations.

7.3 Operational disruptions of any kind as well as all cases of force majeure or unforeseeable events beyond our control shall lead to a reasonable extension of the delivery period. If adherence to the contract becomes unreasonable for the customer or for us as a result, both contracting parties shall have the right to withdraw from and terminate the contract.

7.4 If we are responsible for exceeding the deadline or the impossibility of performance for the entire delivery or for partial deliveries, the customer shall be entitled to a right of cancellation and withdrawal after a reasonable grace period. In addition, the customer may demand compensation for damages against proof, whereby this claim is limited to 0% of the net delivery value per full week of delay, but in any case to a maximum of 5% of the net value of the goods.

7.5 Further claims for compensation by the customer are excluded, even in cases of delayed delivery after expiry of a grace period set for us. This shall not apply if we can be accused of intent or gross negligence. The right of the customer to withdraw from the contract after the fruitless expiry of a grace period remains unaffected.

7.6 We shall be permitted to make partial deliveries, whereby minimum or partial quantities shall regularly result from the batch sizes of the offer. In the event of delays in partial deliveries, the above provisions shall apply accordingly.

7.7 Certain deviations from the order confirmation with regard to the delivery quantity may occur during delivery, insofar as this is reasonable for the customer. It is not possible to adhere to exact quantities and excess or short deliveries of up to 10% of the ordered quantity may not be objected to.

8. RETENTION OF TITLE

8.1 The delivered goods shall remain our property until complete fulfilment of all our claims, in particular payment of the principal, interest and costs, in the case of liabilities from several deliveries until the total debt has been settled.

8.2 The customer is authorised to process the goods in the normal course of business and to sell them to third parties. As long as we retain title to the goods, this is only permitted subject to the proviso that all claims against third parties arising from the resale are deemed assigned to the amount of our claims without the need for a special declaration of assignment in each individual case. The customer is only authorised to collect the assigned claim in trust for us as long as he meets his payment obligations to us. We may demand a written declaration of assignment at any time; we are authorised to disclose the assignment.

8.3 If the items subject to retention of title are treated or processed by the customer, we shall be entitled to co-ownership of the new item as reserved property in proportion to the value of the reserved goods.

8.4 If the value of all security interests to which we are entitled exceeds the amount of all secured claims by more than 25 %, we shall release a corresponding part of the security interests at the request of the customer.

8.5 The customer must inform us immediately of any seizure or any other impairment of our reserved property by third parties.

8.6 All costs of taking back goods, segregation or other enforcement of our retention of title shall be borne by the customer.

8.7 A return of ordered and delivered goods is generally excluded. There is no entitlement to a credit note under any circumstances. The return of goods shall be governed exclusively by the provisions of these Terms and Conditions of Delivery.

9. WARRANTY, LIABILITY

9.1 In the event of all defects, in particular manufacturing and material defects, we shall provide a warranty in the form that, at our discretion, the defect is remedied by repair (rectification), the goods are exchanged (replacement delivery) or the purchase price is credited.

9.2 The customer is obliged to inspect the goods delivered by us immediately for their condition and any defects. Complaints or other objections (e.g. regarding weight and quantity) must be reported in writing immediately, at the latest within 8 days of receipt of the goods.

9.3 Warranty claims for all defects that are no longer detectable on delivery shall only be valid if they have occurred within 12 months of the date of transfer of risk. This period shall be extended by the duration of the interruption of operations or by any remedial measures taken by us.

9.4 We must be given reasonable time and opportunity to rectify defects, otherwise we shall be released from liability.

9.5 If we fail to fulfil our warranty obligation under this section within a reasonable period of grace or if rectification fails, the customer shall be entitled to a reduction in price or rescission of the contract.

9.6 Justified notices of defects shall not affect the fulfilment of the contract in other parts, in particular also with regard to partial delivery and the agreed payment dates. The right to withhold payments for this reason is excluded in such cases, unless the value of the delivered goods has already been exceeded by the payments already made.

9.7 The warranty does not apply to natural wear and tear or to damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use of unsuitable equipment or other influences that are not assumed under the contract.

9.8 Improper modification and repair work by the customer or third parties shall void our warranty obligation.

9.9 The costs of installation and removal of the goods supplied by us and the costs of despatching the goods for this purpose shall be borne by the customer; this shall apply in particular if the goods supplied by us have been taken to a place other than the customer's place of business.

9.10. Any further claims of the customer against us other than those specified in Section VII (due to delay or impossibility) or in this section are excluded. This applies in particular to compensation for damage that has not occurred to the delivery item itself (indirect damage). This limitation of liability shall not apply if we are guilty of intent or gross negligence or if liability is mandatory for statutory reasons due to the absence of a warranted characteristic. These liability provisions shall also apply to all other claims of the customer, irrespective of the legal grounds, in particular in the absence of warranted characteristics outside the mandatory liability sequence, breach of secondary contractual obligations, consulting errors, culpa in contrahendo and in cases of internal compensation obligations in the case of product liability.

10. COUNTERCLAIMS, TRANSFERABILITY

10.1 The assertion of a right of retention and offsetting against claims for damages or other claims are excluded unless the counterclaims are undisputed or have been recognised by declaratory judgement.

10.2 The customer may only assign rights arising from contracts concluded with us with our consent.

11. GENERAL PROVISIONS

11.1. Als Erfüllungsort für die von den Vertragsparteien zu erbringenden Leistungen wird Postbauer-Heng/Veliko Tarnovo vereinbart. Als Gerichtsstand für alle Streitigkeiten zwischen den Parteien, soweit Vereinbarungen hierüber gesetzlich zulässig sind, wird Postbauer-Heng/Veliko Tarnovo vereinbart.

11.2 All matters between the parties shall be governed exclusively by German/Bulgarien law, excluding the application of the UN Convention on Contracts for the International Sale of Goods, unless otherwise provided for in these Terms and Conditions, by written agreement or by mandatory statutory provisions.

11.3 The contracts shall remain binding in their other parts even if individual provisions are legally invalid. However, this shall not apply if adherence to the contract would lead to unreasonable hardship for one of the contracting parties due to the partial invalidity.