These terms and conditions apply exclusively, unless otherwise agreed in writing. Conflicting or deviating terms and conditions of the customer shall not be binding on us, even if we have not expressly objected to them or have made the delivery without objecting to conflicting terms and conditions.
Returns can only be made with our prior consent and only carriage paid.
We shall be liable for defects, which shall also include the absence of warranted characteristics, by repairing defects in design, manufacture and quality at our discretion free of charge within a reasonable period or by replacing the defective goods. Any further claims for damages that have not occurred to the delivery item itself are expressly excluded.
Any replaced parts or goods shall be returned to us free of charge on request.
Our warranty obligation requires that the customer informs us in writing of any visible defects within a period of 10 days after receipt. Defects occurring later must be reported in the same form and within the same period, calculated from the time of discovery.
Our warranty obligation further requires that the goods are handled properly. Damage to fabric flags caused by prolonged driving at a speed of more than 100 km/h is excluded from the warranty.
The warranty period is 12 months from the transfer of risk. We are liable for exchanged goods until the expiry of the warranty period applicable to the original delivery item.
Liability for slightly negligent and grossly negligent behaviour of our employees and vicarious agents is expressly excluded, unless it is a case of intent or gross negligence on the part of senior staff.
As far as contractual claims are otherwise excluded, this also applies to legal claims of any kind.
Contractual claims and claims in tort shall become statute-barred after six months, calculated from the discovery of the respective defect, insofar as the claims are based on an error or defect in our deliveries, which also includes the absence of warranted characteristics; however, the period of limitation shall be no longer than twelve months, calculated from the passing of risk.
The place of jurisdiction for all claims arising from the underlying contractual relationship, in particular for purchase price claims, is – irrespective of the amount in dispute – the local court in 59821 Arnsberg.
For the rest – also for export contracts – German law shall be deemed agreed; the provisions of the Uniform Law on the International Sale of Goods are expressly excluded.