Terms & Conditions

§2 Offers, scope of services and conclusion of contract

(1) Contract offers by Lorenz G. are subject to confirmation.
(2) The order confirmation of Lorenz G. is exclusively decisive for the scope of the contractually owed service.

(3) Lorenz G. reserves the right to make changes to the design, choice of materials, specification and type of construction even after sending an order confirmation, provided that these changes do not contradict either the order confirmation or the buyer’s specification. In addition, the buyer shall agree to any further modifications proposed by Lorenz G., as far as they are reasonable for the buyer.
(4) Partial deliveries are permissible.
(5) The documents on which the offer or order confirmation is based, such as illustrations, drawings, dimensions and weights, are generally to be understood only 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 costs. Packaging shall be charged at cost price and shall only be taken back if the Seller is obliged to do so by mandatory legal regulation.
(2) If more than 4 months elapse between the conclusion of the contract and delivery, and Lorenz G. is not responsible for any delay in delivery, Lorenz G. shall be entitled to increase the price by a reasonable amount, taking into account any material, wage and other incidental costs incurred by Lorenz G.. 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 purchaser’s requests for changes, the additional costs incurred as a result will be charged to the purchaser.
(4) If the payment deadline is culpably exceeded, interest in the amount of 5% above the applicable base interest rate shall be charged, subject to the assertion of further claims.

§4 Set-off and retention

Set-off and retention are excluded unless the set-off claim is undisputed or has been legally established.

§5 Delivery period

The indication of a delivery date shall be made at our best discretion and shall be extended appropriately if the Buyer delays or omits any necessary or agreed cooperative actions on his part. The same shall apply in the event of measures within the framework of industrial disputes, in particular strikes and lock-outs, as well as in the event of unforeseen obstacles beyond the control of Lorenz G., e.g. delayed delivery by an upstream supplier, traffic and operational disruptions, shortage of materials or energy, etc. The buyer shall also be entitled to a reasonable extension of the delivery period in the event of a delay in delivery by an upstream supplier. Changes to the delivered goods caused by the buyer shall also lead to an appropriate 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 notifies the buyer thereof.

§7 Retention of title

(1) Lorenz G. reserves ownership of the delivered goods until full payment has been received. The retention of title shall also apply until all claims, including future and conditional claims, arising from the business relationship between buyer and seller have been fulfilled.
(2) The Buyer shall not be entitled to assign the goods by way of security or pledge them, but shall be entitled to further reduce the value of the reserved goods in the ordinary course of business. He already assigns to Lorenz G. the resulting claims 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 object. The buyer acquires co-ownership of the fraction corresponding to the ratio of the value of his goods to that 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%, Lorenz G. will release securities at the discretion of Lorenz G. upon landing of the buyer.
(5) Lorenz G. shall be 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 notify Lorenz G., the goods shall be deemed to have been approved unless the defect was not identifiable during the inspection. Otherwise §§ 377 et seq. shall apply. HGB (GERMAN COMMERCIAL CODE).
(2) The warranty claims are limited, at Lorenz G.’s discretion, to repair or replacement. If the repair or replacement is unsuccessful, the purchaser has the right, at his discretion, to demand a reduction in the remuneration or cancellation of the contract.
(3) Further claims of the buyer, in particular due to consequential damages, as far 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 essential contractual obligations of Lorenz G.

§9 Liability

Claims for damages of the buyer are excluded. This does not apply in the case of intent, gross negligence, breach of essential contractual obligations by Lorenz G. or the absence of properties guaranteed in writing.