For entrepreneurs. If the client acts in the exercise of a profession or business and the amount invoiced by the Contractor has not been received by the Contractor within the specified payment term, the client will automatically owe extrajudicial collection costs of 15% of the outstanding total amount, with a minimum of € 150. If the payment term is exceeded, this client will also owe an administrative penalty of 10% of the initial principal amount, with a minimum of € 50, without reminder. On the day on which the payment term has expired, the unpaid amount will be increased by the statutory commercial interest at the time the payment term is exceeded + 2% per month on the invoice amount, until the day on which the full payment is received, with a maximum of € 2,000. Interest over part of a month is calculated as a full month.
For entrepreneurs the following shall apply in addition: Within the scope of an ongoing business relationship, these Delivery Terms shall also apply to all our future Deliveries to the Customer.
For entrepreneurs the following shall apply in addition: Any com- mercial terms shall be construed in accordance with the Incoterms applicable at the time of the conclusion of Contract.
For entrepreneurs the following shall apply in addition: If we have agreed upon collection by the Customer, a Delivery which has been reported ready for shipment as provided in the Contract must be col- lected without undue delay, otherwise we shall be entitled to ship it at Customer's expense and risk at our own choice and to charge it as delivered.
For entrepreneurs the following shall apply: Unless otherwise agreed, our prices shall be net prices. Our prices shall be understood EXW (Incoterms 2010) plus the VAT applicable at the time of invoic- ing.
For entrepreneurs the following shall apply in addition: In case of intra-community supply into a member state of the European Union other than Germany, the Customer shall provide us with a certifica- tion of the entry of the Delivery into the other EU member state com- plying with the requirements of Sec. 17 a value German Added Tax Ordinance (Umsatzsteuerdurchführungs-Verordnung) in its respec- tive valid version and certifying that the Delivery has arrived into such EU member state. Unless otherwise specified by us, the certification shall contain at least the name and address of the Customer, the quantity of the Delivery and its standard commercial description, the location of the EU member state of entry, the date the Delivery was received in the EU member state or, if the Customer transported the Delivery, the date the transportation ended and the date of issue of the certificate. Unless otherwise requested by us, the Customer shall use for the certification the sample provided by us. The Customer shall either sign handwritten the certification or shall provide it, if re- quested by us, in electronic form from 1 October 2013 on.
For entrepreneurs the following shall apply in addition: In the event of default in payment regarding claims arising from a Contract with a Customer, we shall be entitled to make due immediately all claims arising from the relevant Contract or to demand appropriate securi- ties for such claims. In this case we shall also have the right to only execute outstanding Deliveries against advance payments or the provision of an appropriate security.
For entrepreneurs the following shall apply in addition: If a significant decline in the Customer’s financial circumstances becomes apparent after the conclusion of the Contract which places one of our claims at risk, in particular in case of suspension of payments, a request to ini- tiate insolvency proceedings regarding the Customer's assets or any bill or cheque protest, we shall also have the rights set forth in Sec.
For entrepreneurs the following shall apply in addition: Prices quoted in the order and in the order confirmation are based on the raw mate- rial prices, salaries, taxes, social charges and freight charges appli- cable upon conclusion of the Contact (hereinafter the "Cost Fac- tors"). These Costs Factors have a direct impact on the sales price of our goods. Should Cost Factors increase by more than a total of five percent between conclusion of the Contract and the shipment, we shall be entitled to increase the sales price of our goods accord- ingly.
For entrepreneurs the following shall apply:
6.2.1 We reserve title to all delivered goods until the satisfaction of all claims accruing under our business relationship with the Customer (the “Reserved Goods”).
6.2.2 The Customer is only authorized to resell the Reserved Goods in the ordinary course of business. The Customer has not entitlement to any other acts of disposal regarding the Reserved Goods, in particular to pledge or transfer them by way of security.
6.2.3 The Customer is entitled to process the Reserved Goods. Processing is free of charge and will be carried out for us as manufacturer within the meaning of § 950 German Civil Code (BGB) without creating any obligation for us. Articles pro- cessed shall be considered as Reserved Goods.
6.2.4 If the Reserved Goods are combined or mixed with items that are not our property, we will acquire co-ownership of the new article to an extent corresponding to the relation of the invoice value of the Reserved Goods to the invoice value of the other items. If our ownership right expires because of processing, combination or mixing, the Customer hereby assigns to us, effective immediately, all ownership rights accruing to the Customer in the new article to the extent corresponding to the invoice value of the Reserved Goods and will safeguard the new article for us free of charge. Our co-ownership rights will be considered as Reserved Goods.
6.2.5 The Customer hereby assigns to us, effective immediately, any and all claims that accrue due to the resale of the Re- served Goods. If the Customer sells the Reserved Goods to- gether with other articles which have not been delivered by us, the assignment of the claims in connection with the resale shall be limited to the amount of the resale value of the Re- served Goods. In case of a resale of goods in which we have co-ownership rights, the assignment of the claim shall be lim- ited to the resale value of such co-ownership shares.
6.2.6 The Customer is authorized to collect such claims assigned to us which arise in connection with the resale of the Re- served Goods.
6.2.7 We have the right to revoke such resale permit pursuant to Sec. 6.2.2 and the collection authorization pursuant to Sec. 6.2.6, if a) the Customer is in default with the payment of claims arising in connection with the business relationship; b) the Customer has resold the Reserved Goods outside of the ordinary course of business; or c) a significant decline in the Customer’s financial circumstances becomes apparent...
