§1 General

.
(1) The following terms and conditions of sale and delivery shall apply exclusively to all deliveries and other services; they shall only apply to companies within the meaning of § 24 AGB-Gesetz in conjunction with. § 14 BGB.
(2) Deviating terms and conditions of the Buyer which are not expressly acknowledged by the Seller shall not be binding, even if Lorenz G. does not expressly object to them.
(3) The inclusion and interpretation of these Terms and Conditions of Sale and Delivery as well as the conclusion and interpretation of legal transactions with the Buyer itself shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the Uniform Law on the Formation of Contracts for the International Sale of Goods, the Uniform Law on the International Sale of Goods of the UN Sales Convention are excluded.
(4) The invalidity of individual provisions of this contract or its components shall not affect the validity of the remaining provisions. The contracting parties shall be obliged, within the framework of what is reasonable and in good faith, to replace an invalid provision with a valid provision that is equivalent to its economic success, provided that this does not result in any significant change to the content of the contract; the same shall apply if a matter requiring regulation is not expressly regulated.
(5) The place of performance for all obligations arising directly or indirectly from this contractual relationship, including the obligation to pay, is the registered office of Lorenz G.
(6) The place of jurisdiction is the court responsible for the registered office of Lorenz G., 82547 Beuerberg, if the Buyer is a merchant. Lorenz G. is also entitled to sue at a court which is responsible for the registered office or a branch of the Buyer.

§2 Offers, Scope of Services and Conclusion of Contract

(1) Contractual offers of Lorenz G. are subject to confirmation.
(2) The order confirmation of Lorenz G. is exclusively authoritative for the scope of the contractually owed performance.
(3) Lorenz G. reserves the right to make changes to the design, the choice of materials, the specification and the type of construction even after sending an order confirmation, provided that these changes do not contradict either the order confirmation or the specification of the Buyer. In addition, the Buyer shall agree to any further changes proposed by Lorenz G., provided that such changes are reasonable for the Buyer.
(4) Partial deliveries are permissible.
(5) The documents on which the offer or the order confirmation is based, such as illustrations, drawings, dimensions and weights, are generally only to be understood as approximate values, unless they are expressly designated as binding.

§3 Prices and terms of payment

(1) Prices are ex works excluding packaging and other shipping and transport charges. The packaging will be charged at cost price and will only be taken back if the Seller is obliged to do so by virtue of mandatory statutory provisions.
(2) If there are more than 4 months between the conclusion of the contract and the delivery, without Lorenz G. being responsible for a delay in delivery, Lorenz G. may increase the price appropriately, taking into account any material, wage and other ancillary costs incurred, which are to be borne by Lorenz G. The Seller shall be entitled to charge the Customer for any additional costs incurred. If the purchase price increases by more than 40%, the Buyer is entitled to withdraw from the contract.
(3) If Lorenz G. takes into account the Buyer’s requests for changes, the additional costs incurred as a result will be charged to the Buyer.
(4) In case of culpable exceeding of the payment deadline, interest in the amount of 5% above the applicable base interest rate will be charged, subject to the assertion of further claims.

§4 Set-off and retention

Offsetting and retention are excluded, unless the offsetting claim is undisputed or legally established.

§5 Delivery period

The specification of a delivery date shall be made at our best discretion and shall be extended appropriately if the Buyer for his part delays or omits any necessary or agreed cooperative actions. The same shall apply in the event of measures within the scope of labor disputes, in particular strikes and lockouts, as well as the occurrence of unforeseen obstacles that lie outside the will of Lorenz G., e.g. delivery delay of a sub-supplier, traffic and operational disruptions, shortage of materials or energy, etc.. Also changes of the delivered goods initiated by the Buyer lead to a reasonable extension of the delivery period.

§6 Transfer of risk

The risk shall pass to the Buyer as soon as Lorenz G. has made the goods available to the Buyer and has notified the Buyer thereof.

§7 Retention of title

(1) Lorenz G. retains title to the delivered goods until full payment has been made. The retention of title shall also apply until all claims, including future and conditional claims, arising from the business relationship between the Buyer and the Seller have been fulfilled.
(2) The Buyer shall not be entitled to assign or pledge the goods by way of security, but shall be entitled to further sell the goods subject to retention of title in the ordinary course of business. The Buyer hereby assigns to Lorenz G. any claims arising from this against his business partners.
(3) If the goods are treated or processed by the Buyer, the retention of title also extends to the entire new item. The Buyer shall acquire co-ownership to the fraction corresponding to the ratio of the value of his goods to the value of the goods delivered by Lorenz G..
(4) If the value of all securities existing for the Seller exceeds the existing claims by more than 10% on a sustained basis, Lorenz G. shall release securities of Lorenz G.’s choice at the Buyer’s request.
(5) Lorenz G. is entitled to assert the rights of retention of title without withdrawing from the contract.

§8 Warranty

(1) If the purchase is a commercial transaction for both parties, the Buyer shall inspect the goods immediately upon receipt, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify Lorenz G. immediately.
If the Buyer fails to give such notice, the goods shall be deemed to have been accepted, unless the defect was not recognizable during the inspection. In all other respects §§ 377 ff. HGB SHALL APPLY.
(2) Warranty claims are limited to rectification of defects or replacement delivery at Lorenz G.’s discretion. In case of failure of the rectification or replacement delivery, the Buyer has the right to demand, at his option, a reduction of the remuneration or cancellation of the contract.
(3) Further claims of the Purchaser, in particular for consequential harm caused by a defect, insofar as these do not result from the absence of warranted characteristics, are excluded. This does not apply in case of intent, gross negligence or breach of fundamental contractual obligations of Lorenz G.

§9 Liability

Claims for damages of the Buyer are excluded. This shall not apply in case of intent, gross negligence, breach of essential contractual obligations by Lorenz G. or the absence of characteristics warranted in writing.