Conclusion and subject matter of the contract
1. Our offers are subject to confirmation. An order is only considered to be accepted when we have confirmed it in writing; this shall also apply to orders placed with our sales representatives. Solely the text in our order confirmation shall be binding. Purchaser must check the confirmation carefully. Any revisions and subsidiary agreements must be agreed in writing.
2. Our obligation to perform is conditional on adequate protection against the risk of non-payment. As far as this is not covered or is revoked by the credit insurance, we shall be entitled, even after conclusion of the contract, to request advance payment or any other kind of security; otherwise we shall have the right to withdraw from the contract.
3. The subject matter of our delivery obligation shall be defined in the order confirmation. The contractually agreed properties of the items to be delivered shall correspond to our technical terms of delivery unless anything else has been agreed in writing. Any specimens and samples shall provide only an approximate example of quality, dimensions and colour; they shall not constitute any warranted properties.
4. We retain all property and copyright exploitation rights relating to our sales and contract documentation, such as catalogues, lists and drawings, even when we hand them over to Purchaser. The data and information contained therein have been compiled diligently. However, we reserve the right to correct mistakes and errors even after conclusion of the contract; the same shall apply to technical changes as far as they serve technical progress. Should this entail any substantial changes in price or delivery schedule to the disadvantage of Purchaser, the latter shall have the right to withdraw from the contract; this shall not apply if the mistake or error had been evident for him.
5. If e.g. special ceiling parts, special luminaires or special colours have been agreed for orderrelated products, we shall have the right to over/under deliveries of ± 10 %, at least however 1 unit, without an explicit further agreement being required.