Terms and Conditions

General Terms and Conditions of Delivery and Payment of Sigmund Lindner GmbH

(Upon sending these terms and conditions, our previous terms and conditions shall cease to be valid.)

I. Personal and material scope

Our terms of delivery and payment, which our customer agrees to when placing an order, apply exclusively, including for future transactions, even if they are not expressly referred to but have been sent to the customer with an order confirmed by us. If the order is placed in deviation from our terms of delivery and payment, our terms of delivery and payment shall apply even if we do not object. Deviations shall therefore only apply if they have been expressly acknowledged by us in writing.

II. Effectiveness

The General Terms and Conditions of Sigmund Lindner GmbH become an integral part of the contract upon confirmation of the order. The General Terms and Conditions of Sigmund Lindner GmbH apply exclusively. Deviating terms and conditions of the customer are not binding for Sigmund Lindner GmbH, even if Sigmund Lindner GmbH does not expressly object to them.

III. Conclusion of contract

1. The offers made by Sigmund Lindner GmbH are subject to change. All changes, side agreements and contract amendments must be made in writing. This also applies to any agreement that waives the written form requirement.
2. If import and export licences or authorisations for currency exchange or similar authorisations are required for the execution of the contract, the customer shall, unless otherwise agreed in the contract, make every effort to obtain the necessary licences or authorisations in good time. If, after expiry of a period of 12 months from the date of conclusion of the contract, the necessary licences or approvals have not yet been obtained, Sigmund Lindner GmbH may withdraw from the contract. In this case, Sigmund Lindner GmbH must inform the customer in writing of its decision.

IV. Prices

1. The prices quoted by Sigmund Lindner GmbH are net prices; the applicable statutory value added tax will be invoiced separately. The respective prices are specified in the offer or the currently valid price lists. Sigmund Lindner GmbH is bound by the prices confirmed in writing until the specified delivery date, but for no longer than four months. For deliveries made after this date, the prices valid at Sigmund Lindner GmbH on the day of delivery shall apply. If the customer does not agree to these prices, they may withdraw from the contract within 5 days of notification of the prices. The declaration of withdrawal must be made in writing.
2. Unless otherwise expressly agreed in the contract, the minimum order value is 150.00 EURO.
3. The prices for the necessary packaging are also based on the currently valid price lists of Sigmund Lindner GmbH.

V. Payment

1. Invoices issued by Sigmund Lindner GmbH are payable within 30 days of the invoice date without deduction. If the payment deadline is exceeded, Sigmund Lindner GmbH is entitled to charge interest on arrears without setting a reminder. The default interest rate is 8% above the base rate; if the customer is a consumer, it is 5% above the base rate. In the event of the abolition of a base rate, its legally defined successor instrument shall apply. In the absence of a statutory provision, the instrument that comes closest to the base rate in economic terms shall apply. Sigmund Lindner GmbH reserves the right to claim further damages caused by default, provided that it has set the customer a reasonable deadline for performance. The same applies to withdrawal from the contract by Sigmund Lindner GmbH. If the customer is in default with any payment obligations to us, all existing claims shall become due immediately.
2. If the customer pays by bill of exchange, the costs incurred as a result shall be borne by the customer.
3. We are entitled to assign claims arising from our business relationships. All payments shall be made with debt-discharging effect exclusively to the following account:

Baden-Württembergische Bank
Account: 859 71 82
Bank code: 600 501 01
IBAN: DE53 6005 0101 0008 5971 82
BIC: SOLADEST600

Vl. Previous delivery

1. Delivery dates are only valid if they have been expressly confirmed by Sigmund Lindner GmbH. If the contract is concluded in writing, the confirmation of the delivery date must also be in writing. The confirmed delivery dates generally refer to the time of dispatch of the goods by Sigmund Lindner GmbH. The time of receipt of the goods by the customer is not decisive.
2. If Sigmund Lindner GmbH is in default with its services, it shall first be granted a reasonable grace period. After the grace period has expired without result, the buyer may withdraw from the contract.
3. The delivery time shall be extended in the event of force majeure or other circumstances beyond the control of Sigmund Lindner GmbH, including industrial action, by the duration of such event. This shall also apply if the obstacles arose during an already existing delay. In the event of an unreasonable delay, both the buyer and Sigmund Lindner GmbH shall be entitled to withdraw from the contract.
4. The delivery period shall commence upon dispatch of the order confirmation, but not before the buyer has provided the documents, approvals and releases to be procured by the buyer and before receipt of an agreed down payment.
5. The delivery deadline shall be deemed to have been met if, by the end of the delivery period, the delivery item has left the factory or notification of readiness for dispatch has been given.
6. Partial deliveries are permitted.
7. In the event of partial deliveries, Sigmund Lindner GmbH shall be entitled to issue partial invoices accordingly.
8. Import duties, consular fees and other charges and fees levied in accordance with the regulations of the country of destination are only included in the price if expressly agreed. If the inclusion of such customs duties, fees or charges in the price has been agreed, the agreed price shall be increased accordingly if the rates of customs duties, fees or charges have increased since the agreement was made.
9. Sigmund Lindner GmbH is only obliged to observe foreign packaging, weighing and customs regulations if the customer provides Sigmund Lindner GmbH with precise information in writing.

VII. Shipping

1. All deliveries, including partial deliveries, made by Sigmund Lindner GmbH are transported at the risk of the recipient.
2. If the goods are ready for dispatch and dispatch is delayed due to circumstances for which the buyer is responsible, the risk shall pass to the buyer on the day of notification of readiness for dispatch, but Sigmund Lindner GmbH shall be obliged, at the request and expense of the buyer, to take out any insurance requested by the buyer.
3. Delivered items must be accepted by the buyer, even if they have minor defects, without prejudice to the rights set out in the ‘Warranty’ section.

VIII. Retention of title

1. Sigmund Lindner GmbH retains ownership of all delivery items until full payment of all claims against the buyer arising from the business relationship. In the case of current accounts, the entire reserved goods serve as security for the balance claim.
2. The buyer is entitled to process the delivered goods and combine them with other products within the scope of its normal business operations. Sigmund Lindner GmbH shall acquire co-ownership of the items created by processing or combining the goods in order to secure its claims, in proportion to the invoice value of the goods subject to retention of title and the goods created by processing or combining.
3. The buyer shall insure the goods subject to retention of title against the usual risks for their full value and, if necessary, store them free of charge.
4. The buyer hereby assigns in advance to Sigmund Lindner GmbH all claims to which he is entitled from the resale or other legal claims. The buyer is authorised to collect the assigned claim. At the request of Sigmund Lindner GmbH, the buyer shall notify the debtor of the assignment. If the goods subject to retention of title are sold together with other items not belonging to Sigmund Lindner GmbH or are used as material in the performance of contracts for work and services, the assignment shall only apply to the invoice value of the goods subject to retention of title.
5. The buyer’s authorisation to dispose of the goods subject to retention of title and to collect the assigned claim shall lapse in the event of non-compliance with the terms of payment and in the event of bills of exchange and cheque protests. In this case, Sigmund Lindner GmbH shall be entitled to take possession of the goods subject to retention of title.
6. If the value of the securities provided to Sigmund Lindner GmbH exceeds Sigmund Lindner GmbH’s total claim by more than 20%, Sigmund Lindner GmbH shall be obliged, at the buyer’s request, to release the aforementioned securities at Sigmund Lindner GmbH’s discretion.
7. Insofar as the validity of this retention of title depends on special conditions or formal requirements under the national laws of the customer, in particular registration with the competent authority, the customer shall fulfil the conditions and formal requirements for validity at its own expense.

IX. Warranty

1. Obvious defects and defects that are apparent upon proper inspection – insofar as such inspection is feasible in the ordinary course of business – must be reported by the buyer in writing within 7 days of receipt of the goods. Defects that are not obvious and not apparent upon proper inspection must be reported by the buyer in writing within 7 days of their discovery.
2. If the complaint is not made in the correct form and/or within the specified time, the goods shall be deemed to have been approved.
3. If the goods are defective, Sigmund Lindner GmbH shall first be entitled, at its discretion, to repair or replace the goods. If the repair or replacement fails, the buyer may, at its discretion, demand a reduction in payment (abatement) or rescission of the contract (redhibition).
4. If the buyer has ordered the wrong goods, the return and refund must be approved by Sigmund Lindner GmbH. If a credit note is issued for returned goods, a 10% processing fee will be deducted from the credit note. The buyer is responsible for all transport costs.
5. Warranty claims cannot be made more than two years after delivery of the goods.
6. Warranty claims shall lapse if the buyer fails to meet their payment obligations in a timely manner.
7. Further claims of the buyer against the seller and its vicarious agents are excluded, in particular claims for compensation for damage that did not occur to the delivery item itself. This does not apply in cases of personal injury or damage to privately used items in accordance with the Product Liability Act or in cases of intent, gross negligence or the absence of warranted characteristics. Furthermore, this does not apply in cases of damage typical for this type of contract resulting from the breach of essential contractual obligations.

X. Place of performance, place of jurisdiction, applicable law

1. The place of performance is Bayreuth.
2. In the event that the customer is also a merchant, the place of jurisdiction for all disputes arising from the contract or in connection with it shall be Bayreuth for both parties, whereby Sigmund Lindner GmbH reserves the right to bring legal action at the customer’s general place of jurisdiction.
3. The entire legal relationship between the parties shall be governed exclusively and in full by the laws of the Federal Republic of Germany.

XI. Severability clause

1. Should any provisions of these General Terms and Conditions be or become invalid, the remaining provisions shall remain valid. The parties are obliged to replace the invalid provisions with a legally valid provision that comes as close as possible to the economic and legal purpose of the invalid provisions. The same applies in the event of unintended omissions on the part of the parties.
2. If the contracting parties agree to include international trade terms (Incoterms) in their contracts, and if these terms contradict the General Terms and Conditions of Delivery and Payment, the international trade terms (Incoterms) shall apply exclusively in this respect.

Valid from March 2025