Our general terms and conditions of business, with which our customer declares his agreement when placing the order, shall apply exclusively, and also for future transactions, even if no express reference is made to them, but they have been received by the customer with an order confirmed by us. If the order is placed in deviation from our general terms and conditions, only our general terms and conditions shall apply even if we do not object to them. Deviations shall therefore only apply if they have been expressly recognised by us in writing.
We are entitled to assign the claims arising from our contractual relationships.
All contracts concluded between us shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions of German law.
The place of jurisdiction is, at our discretion, the registered location of our company or Pforzheim.
If the customer is in default with payment obligations towards us, all existing claims shall become due immediately.
We are entitled to assert our rights arising from the retention of title – in particular the repossession of the goods delivered under retention of title – without a prior withdrawal from the respective purchase contract.
All payments shall be made with debt-discharging effect exclusively to AKTIVBANK AG, Stuttgarter Str. 20-22, 75179 Pforzheim, to which we have assigned our present and future claims arising from our business relationship. We have also transferred our reserved property to AKTIVBANK AG.
Offsetting by the customer with counterclaims is excluded unless the counterclaims are undisputed or legally established. The assertion of a right of retention by the customer is excluded unless it is based on the same contractual relationship or the counterclaims are undisputed or legally established.