Shipping Policy

Shipping | Delivery Time

(1) Deliveries are made ex warehouse, which is also the place of performance for the delivery and any subsequent performance. At the customer’s request and expense, the goods will be shipped to a different destination (sale by delivery, see Section 5). Unless otherwise agreed, we are entitled to determine the method of shipment (in particular the carrier, route, and packaging) ourselves.

(2) The risk of accidental loss or accidental deterioration of the goods passes to the customer no later than upon delivery. In the case of sale by delivery to a place other than the place of performance, however, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay, passes to the customer upon delivery of the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment (see Section 5).

(3) If the customer is in default of acceptance, fails to cooperate, or if our delivery is delayed for other reasons attributable to the customer, we are entitled to claim compensation for the resulting damages, including additional expenses (e.g., storage costs). For this, we charge a flat-rate compensation of EUR 50.00 per calendar day, beginning with the delivery period or—in the absence of a delivery period—with notification that the goods are ready for shipment. During storage, we are liable for storage damage only in cases of intent or gross negligence.
The right to prove greater damages and our statutory claims (in particular reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; however, the flat fee shall be offset against any further monetary claims. The customer is entitled to prove that we have incurred no damages at all or only significantly less damage than the aforementioned flat fee.

(4) Any delivery periods and dates we provide are always approximate, unless a fixed period or date has been expressly promised or agreed upon. If shipment has been agreed upon, delivery periods and dates refer to the time of handover to the freight forwarder, carrier, or other third party commissioned with the transport.

(5) If we are unable to meet binding delivery deadlines for reasons beyond our control (unavailability of the service), we will notify the customer immediately and, at the same time, provide the expected new delivery deadline. If the service remains unavailable even within the new delivery period, we are entitled to withdraw from the contract in whole or in part; we will promptly refund any consideration already paid by the customer. In particular, a case of unavailability of the service in this sense shall be deemed to include a failure by our supplier to deliver to us on time, provided that neither we nor our supplier are at fault or we are not obligated to procure the goods in the specific case.

(6) Notwithstanding our rights arising from the Customer’s default, we may require the Customer to extend delivery and performance deadlines or postpone delivery and performance dates by the period during which the Customer fails to fulfill its contractual obligations to the Seller.

(7) We assume no liability for the impossibility of delivery or for delays in delivery to the extent that these are caused by force majeure or other events unforeseeable at the time the contract was concluded (e.g., operational disruptions of any kind, difficulties in procuring materials or energy, transportation delays, strikes, lawful lockouts, shortages of labor, energy, or raw materials, difficulties in obtaining necessary official permits, official measures, or the failure of suppliers to deliver, or to deliver correctly or on time) and for which we are not responsible. If such events significantly impede or render impossible the delivery or performance and the impediment is not merely of a temporary nature, we are entitled to withdraw from the contract. In the event of impediments of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates postponed by the duration of the impediment plus a reasonable start-up period. A temporary duration in the aforementioned sense exists if a period of two (2) months is not exceeded. To the extent that the customer cannot reasonably be expected to accept the delivery or service as a result of the delay, the customer may withdraw from the contract by immediately notifying us in writing.

(8) If we are in default regarding a delivery or service, the customer is entitled and obligated to grant us, in writing, a reasonable grace period of at least fourteen (14) days. Upon the fruitless expiration of this period, the customer may withdraw from the contract.

(9) Unless otherwise agreed, we are entitled to make partial deliveries if

• the partial delivery is usable by the customer for the contractual purpose,
• the delivery of the remaining ordered goods is guaranteed, and
• this does not result in any significant additional effort or costs for the customer (unless we agree to cover these costs).

(10) If we are in default of a delivery or service, or if a delivery or service becomes impossible for us for any reason, liability for damages shall be limited in accordance with Section 8 of these Terms and Conditions.

Shipping | Packaging | Transfer of Risk | Acceptance

(1) In the absence of specific written agreements to the contrary, the method of shipment, route of shipment, and packaging are subject to our reasonable discretion. For packaging manufactured at the customer’s request, production-related over- or under-deliveries of up to 10% may occur; such over- or under-deliveries do not constitute a defect and must be accepted by the customer.

(2) Unless otherwise agreed in writing, the customer shall bear the shipping costs from our warehouse and the costs of any transport insurance requested by the customer. Unless we invoice the actual transport costs incurred in a specific case, a flat-rate transport fee (excluding transport insurance) of EUR 100.00 per pallet shall be deemed agreed. Any customs duties, fees, taxes, and other public charges shall be borne by the customer. If free delivery or carriage paid delivery has been agreed upon, the customer shall bear the costs incurred as a result of the delivery being made via a detour or with the assistance of other transport companies through no fault of our own.

(3) Risk passes to the customer no later than upon handover of the delivery item (with the start of the loading process being decisive) to the freight forwarder, carrier, or any other third party designated to carry out the shipment. This applies even if partial deliveries are made, if we have undertaken other services, if delivery free of charge or carriage paid has been agreed, or if we carry out the transport ourselves. If shipment or handover is delayed due to circumstances attributable to the customer, the risk shall pass to the customer on the day the delivery item is ready for shipment and we have notified the customer thereof.

(4) We will insure the shipment against theft, breakage, damage during transport, fire, water damage, or other insurable risks only at the customer’s express request and at the customer’s expense.