1. General Provisions

1.1. The following terms and conditions of sale and delivery apply to transactions with entrepreneurs, legal entities under public law, and special public assets.

1.2. By placing an order, the customer makes a binding declaration of intent to purchase the ordered goods. Acceptance may occur either in writing or by delivery of the goods to the customer. The sole basis of the contract is our order confirmation or—if none exists—the delivery note.

1.3. Our offers are non-binding. Reasonable changes due to technical advancements, legal requirements, or modifications in form, color, and/or weight are reserved.

1.4. We retain all proprietary and copyright usage rights to cost estimates, drawings, and other documentation. These documents may only be disclosed to third parties with our prior consent and must be returned to us immediately upon request.

1.5. Proper and timely self-delivery remains reserved. This applies only if we are not responsible for the non-delivery, particularly in the case of a congruent covering transaction with our supplier. We will inform the client immediately of the unavailability and, in the event of withdrawal, refund any consideration already paid.

1.6. Partial deliveries are permitted if reasonable for the client.

2. Order Confirmation, Prices

2.1. The exclusive basis of the contract is the order confirmation. Any deviating agreements require our written confirmation.

2.2. Prices are ex works and exclude freight, packaging, postage, insurance, and other incidental costs unless otherwise agreed in writing. Prices are net prices. Statutory VAT will be charged separately. In the case of shipment, the purchase price is subject to a flat shipping fee.

3. Payment

3.1. Invoices are payable within 30 days from the invoice date without deduction. If precious metals are invoiced, they are payable strictly net within 8 days of receipt of the goods. After this period, the client is in default without further notice, provided payment has not been made.

3.2. In the case of defects, the client is not entitled to withhold payment unless such retention is in reasonable proportion to the defects and the expected cost of rectification.

3.3. The client may not assert claims or rights regarding defects if due payments have not been made or if the outstanding amount (including any partial payments) is disproportionate to the value of the defective services.

3.4. Payments shall be made in cash or via bank transfer.

3.5. In the event of late payment, we are entitled to charge default interest of 9 percentage points above the applicable base rate. The client may provide evidence of lesser damage; likewise, we may prove higher damages.

3.6. The client may only offset undisputed or legally established claims.

3.7. Should the purchase price of precious metals change after invoice due date and payment has not yet been made, we reserve the right to charge the difference.

3.8. In the case of payment default and a positive balance on the client’s metal account, we may offset our claims against the balance at the current daily rate.

4. Metals, Models, Rubber Molds, Casting

4.1. The required metal alloy, including processing loss, must be provided at the time of order placement or no later than before casting is completed. The client must balance their metal account upon our request without delay.

4.2. Model protection is assured.

4.3. We assume no liability for damage to models during mold production. If a model is pressure- or temperature-sensitive, only a silicone mold is possible—particularly for hollow models. If this is not indicated by the client, we accept no liability for damage caused by rubber molding. In the event of loss, liability is limited to material value, up to €150 per model.

4.4. Rubber molds produced by the client are stored by us and partially invoiced. The client may request their return at any time, subject to a recalculated fee (currently €10 per mold). We may dispose of unused molds after five years of inactivity.

4.5. We are not liable for stones cast at the client’s request. The client assumes full risk. Likewise, we are not liable for any claims or defects if the client supplies models made of carving wax or CAD/CAM models. Casting such models is entirely at the client’s risk. The client acknowledges that flawless casting cannot be guaranteed in these cases.

5. Surcharges for Small Quantities

We currently charge the following surcharges for small quantities:

For 1 piece: €2.00, for 2 pieces: €1.50, for 3 pieces: €1.00.

6. Delivery Time, Delay

6.1. Delivery deadlines are binding only if confirmed by us in writing.

6.2. Compliance with delivery periods requires timely receipt of all documents, necessary approvals and clearances (especially plans), and fulfillment of all payment and other obligations by the client. If not met, deadlines are extended appropriately, unless the delay is our fault.

6.3. A delivery deadline is met if readiness for dispatch is communicated or the goods have left the factory by that time.

6.4. If non-compliance is due to force majeure (e.g., mobilization, war, unrest) or similar events (e.g., strike, lockout, operational disruptions), deadlines are extended accordingly.

6.5. Claims for damages due to delivery delays or in lieu of performance are excluded in all cases of delayed delivery, even after expiration of any set delivery period. This does not apply in cases of intent, gross negligence, or injury to life, body, or health. Withdrawal is allowed only if the delay is our fault.

6.6. At our request, the client must declare within a reasonable period whether they are withdrawing from the contract due to delay or insisting on delivery.

6.7. If shipment or delivery is delayed by more than one month at the client's request, we may charge storage fees of 0.5% of the goods' value per month, up to a total of 5%. Proof of higher or lower storage costs remains admissible.

7. Transfer of Risk

7.1. The risk of accidental loss or deterioration transfers to the client upon handover or, in case of shipment, when handed over to the carrier, freight forwarder, or other shipping entity.

7.2. If shipping, delivery, installation, or acceptance is delayed for reasons attributable to the client, the risk transfers to the client.

8. Cancellation Costs

8.1. If the client unlawfully withdraws from an order or the contract is not executed for reasons attributable to the client, we may charge 10% of the agreed fee as liquidated damages, notwithstanding higher actual damages.

8.2. The client may provide evidence that the actual damage is lower or nonexistent.

9. Warranty

9.1. Delivered cast parts are raw and require finishing (e.g., removal of casting skin, minor adjustments). Minor deviations in condition or usability do not constitute defects.

9.2. We provide warranty through rectification or replacement at our discretion.

9.3. If rectification fails, the client may request a price reduction or contract cancellation. Minor breaches or defects do not entitle the client to withdraw.

9.4. Obvious defects must be reported in writing within two weeks of receipt. Timely dispatch suffices for deadline compliance. The client bears the burden of proof for all claim prerequisites.

9.5. If the client opts for contract cancellation after failed rectification, they cannot additionally claim damages. If damages are claimed instead, the goods remain with the client if reasonable. Damages are limited to the difference between the agreed price and the item's value. This does not apply in cases of fraudulent conduct.

9.6. Only the manufacturer’s product description constitutes agreed quality. Public statements, promotions, or advertising are not contractual specifications. Information in brochures or datasheets is non-binding unless explicitly confirmed.

9.7. If the client receives a defective installation manual, we are only obliged to supply a proper one if the defect impedes proper installation.

9.8. Guarantees and durability claims are valid only if explicitly designated as such. The same applies to procurement risk acceptance.

10. Limitation of Liability

10.1. In cases of intent or gross negligence, or injury to life, body, or health, we are fully liable.

10.2. For gross negligence by non-executive employees, liability for material and financial damages is limited to foreseeable, contract-typical damages.

10.3. In cases of slight negligence, liability is limited to essential contractual obligations and foreseeable, typical damages.

10.4. Further liability—regardless of legal grounds—is excluded, especially for tortious claims under §§ 823, 831 BGB. Liability under German product liability law remains unaffected.

11. Limitation Period

11.1. The limitation period for claims related to defects is one year from delivery, except where §§ 438(1)(1), 438(1)(2), or 479(1) BGB apply, in which case the period is three years.

11.2. These limitation periods apply to all defect-related damage claims regardless of legal basis. For unrelated damage claims, the one-year period also applies.

11.3. These limitations do not apply in cases of intent, fraud, injury to life, body, health, or freedom, claims under product liability law, gross negligence, or essential contractual breaches. Statutory limitation periods apply in these cases.

12. Retention of Title

12.1. We retain ownership of delivered goods until all claims from ongoing business relations are fully settled. If the value of collateral exceeds claims by more than 20%, we release excess collateral upon request.

12.2. The client must handle the goods carefully. Maintenance and inspections must be carried out at the client’s cost.

12.3. The client must inform us immediately of any third-party access (e.g., seizure), damage, or loss. Changes of possession or business address must also be reported.

12.4. In case of contractual breach by the client (e.g., payment default or breach of the above obligations), we may withdraw from the contract and reclaim the goods.

12.5. The client may resell the goods in the ordinary course of business. They hereby assign all receivables from resale to us up to the invoice amount. We accept the assignment. The client is authorized to collect the receivables unless they default on payments, in which case we may collect them directly.

12.6. Processing of the goods by the client is on our behalf. If processed with third-party materials, we acquire co-ownership proportional to the value of our goods relative to the other materials. The same applies to mixing with third-party items.

13. Client Obligations

13.1. When reselling to private end users, the client must not provide quality guarantees.

13.2. The client must immediately inform us of any defect notifications from their buyers and await our instructions. Only then may repairs be undertaken or replacements promised. Upon request, the client must return the defective product.

13.3. The presumption under § 476 BGB does not apply if more than 12 months have passed since delivery before resale by our client.

14. Final Provisions

14.1. The laws of the Federal Republic of Germany exclusively apply; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14.2. The exclusive place of jurisdiction is our registered office. This also applies if the client has no general jurisdiction in Germany or if their place of residence or usual location is unknown at the time of action. We are also entitled to sue at the client’s location.