Funk-Electronic Piciorgros GmbH
Claudiastr. 5
51149 Cologne

General Terms and Conditions, effective from April 1, 2002 (two pages, §1 to §14)

§1
The following general terms and conditions apply exclusively to all legal transactions concluded with us, even if the contracting partner has provided their own general terms and conditions. Any counter-confirmations by the contracting partner referencing their own terms and conditions are hereby rejected.

§2
Offers are non-binding. Orders become legally binding only upon our written confirmation. Written confirmation may be replaced by delivery and invoicing.

§3
All prices quoted by us are net prices and are subject to the applicable statutory value-added tax. Unless otherwise agreed, prices apply ex-works Cologne, excluding packaging. We reserve the right to process initial deliveries to new customers via cash on delivery, prepayment, or partial payment.

§4
The stated delivery times are approximate and non-binding. In cases of strikes, lockouts, other force majeure events, operational disruptions, or delays not attributable to us, the delivery time may be reasonably extended. Contract withdrawal is permissible only after setting a reasonable grace period without success. Claims for damages due to non-compliance with delivery deadlines are excluded. Delivery delays do not entitle the customer to refuse acceptance of ordered devices. No retention rights may be asserted. If delivery is not possible or not timely due to the aforementioned reasons, we may withdraw from the purchase contract without liability for damages.

§5
Unless otherwise agreed, invoices are due within 30 days from the invoice date without deductions, or within 14 days with a 2% discount. In case of payment default, default interest of 1% of the outstanding amount per commenced month will be charged. Checks are considered payment only upon clearance. Bills of exchange are not accepted.§6
If the acceptance of a timely delivery is delayed for reasons attributable to the contracting partner, we are entitled to set a reasonable grace period for contract fulfillment. Thereafter, we may charge the costs incurred due to the delayed acceptance.§7
The shipment of devices by us is at the recipient's expense. Upon delivery and handover, the recipient is obliged to perform a functional test, which we may have confirmed in writing if necessary.

§8
Unless otherwise agreed, the warranty period for all devices delivered by us is 12 calendar months from the date of handover. Our warranty is limited to repairs and, if necessary, replacement deliveries. Further warranty claims are excluded. Complaints about defects must be made in writing immediately. Warranty claims lapse if the customer fails to meet payment obligations, makes or has made improper modifications or interventions, uses unauthorized accessories, or if defects result from force majeure, operator errors, or other culpable behavior by the customer.

§9
The devices and goods delivered by us remain the property of Funk-Electronic Piciorgros GmbH until all payment obligations of the customer are fully settled. The customer may use goods under retention of title only in the ordinary course of business. As long as retention of title exists, the goods may not be pledged, transferred as security, rented, sold, or otherwise made available to third parties. Goods under retention of title must be adequately insured and stored properly. In case of seizures, the customer is obliged to point out the existing retention of title and to notify Funk-Electronic Piciorgros GmbH immediately.

§10
If the customer fails to meet payment obligations despite a request, all claims become due immediately. In this case, we may demand the return of goods under retention of title without this constituting a withdrawal from the contract.

§11
Technical modifications or improvements to the purchased item can be made at the contracting partner’s request, subject to additional costs, even after contract conclusion. We reserve the right to make technical changes related to progress or manufacturing technology without notice, provided this does not result in an unreasonable functional change for the buyer.

§12
Verbal side agreements are not valid. Changes require written form. If individual provisions of these terms and conditions are or become legally invalid, this does not affect the validity of the remaining conditions.

§13
The sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Cologne.

§14
The general delivery conditions for products and services of the electrical industry (source: ZVEI) apply, unless already covered by our general terms and conditions (§1-13).