General Terms and Conditions
Version Date: July 1, 2002
§ 1 General Provisions
(1) All of our quotations for deliveries and services in business dealings with companies shall be based on the conditions as set forth hereinafter. The content of any contracts shall be based on mutual written declarations. The General Terms and Conditions of the Ordering Party shall apply, however, only insofar as we have expressed our written consent thereto.
(2) Our quotations are subject to alteration at any time and shall remain in effect no longer than three months from the date of their issue.
(3) We shall be entitled to make partial deliveries insofar as these are reasonable to the Ordering Party.
§ 2 Rights of Copyright, Industrial Property Rights
(1) Designs and samples prepared by us shall remain exclusively our intellectual property. Grants of rights of use of any manner whatsoever shall require our express written agreement thereto.
(2) The Ordering Party shall be responsible for ensuring that designs, sketches and models it submits may be used by us for the purposes stipulated by contract without violation of the property rights of third parties.
§ 3 Delivery Deadlines, Delay
(1) Observance of delivery deadlines shall be predicated on timely receipt of documents and information to be provided by the Ordering Party, upon any requisite permissions and releases, and upon observance of the agreed terms of payment and of other obligations on the part of the Ordering Party. Otherwise, the deadlines shall be extended by a reasonable period of time when we are not responsible for the delay.
(2) In cases of force majeure, such as mobilization, war, uprising or similar developments such as strike or lockout, the delivery deadlines shall be extended by a reasonable period of time.
(3) In all cases of delayed delivery, even subsequent to a deadline set for delivery by us, claims by the Ordering Party for damages due to delivery delay, and claims for damages in lieu of performance, are hereby precluded. This shall not apply in the event that we are subject to compulsory liability for non-accidental conduct, for gross negligence, or for injury to life, body or health. The Ordering Party may withdraw from the Contract within the framework of the provisions of applicable law only insofar as we are responsible for the delivery delay. The foregoing provisions shall not be construed as constituting a shift in the burden of proof vis-à-vis the provisions of applicable law to the detriment of the Ordering Party.
(4) Upon demand by us, the Ordering Parties shall be obliged, within a reasonable period of time, to state whether it intends to withdraw from the Contract as a consequence of the delivery delay, or whether it insists upon delivery.
§ 4 Transfer of Risk
(1) Even in the event of freight-paid delivery, risk shall transfer to the Ordering Party once the delivery has been shipped or retrieved. Upon the request by and at the expense of the Ordering Party, we shall insure deliveries against the usual risks of transportation.
(2) If the shipment or delivery should be delayed for reasons from which the Ordering Party is responsible, or if the Ordering Party should delay its taking-delivery of the shipment for some other reason, the risk shall transfer over to the Ordering Party.
§ 5 Retention of Title, Production Clause
(1) The delivery objects shall remain our property pending fulfillment of all claims arising out of the business relationship as may accrue to us as against the Ordering Party. In so far as the value of all security rights exceeds the sum total of all secured claims by more than 20%, we shall, at the Ordering Party's request, release the corresponding portion of said security rights.
(2) As long as retention of title remains in effect, the Ordering Party shall be prohibited from executing any pledges or grants of security interests with regard to the delivery objects. Resale of the delivery objects shall be permissible only in the course of ordinary business, and shall be subject to the proviso that the Ordering Party make any transfer of ownership to its customer with regard to the delivery goods subject to satisfactory fulfillment of Section 1. The Ordering Party shall bring any instances of seizure, confiscation or other intervention to our attention at once.
(3) Any processing or modification of delivery objects by the Ordering Party shall always be carried out on our behalf. If the objects of delivery should be put to use in conjunction with other objects not belonging to us, we shall acquire rights of co-ownership to the product in which this combination results in proportion to the value of the delivery objects relative to that of the other objects used in conjunction therewith at the time the combination took place. Sections 1 and 2 shall apply accordingly to the object that results from this combined use.
(4) In the event of payment arrears and other breaches of obligation on the part of the Ordering Party, following expiration of a reasonable deadline set for the Ordering Party, we shall be entitled to withdraw from the Contract and demand the return of the delivery goods; this shall be of no consequence with respect to the provisions of law pertaining to the dispensability of the setting of a deadline. The Ordering Party shall be obliged to surrender the delivery goods.
§ 6 Warranty
(1) Where delivery goods have material defects, the source of which already existed at the time of the transfer of risk, we shall, at our discretion, either correct the defects in question or issue a replacement delivery.
(2) Claims for defects shall not be considered in cases of only insignificant deviations from the agreed condition of the delivery goods, in cases of only insignificant impediments to usability, in cases a natural wear and tear, or in cases of damage arising subsequent to the transfer of risk as a result of improper or negligent handling, excessive strain, unsuitable equipment or as a result of extraordinary external influences not specified under the Contract. If the Ordering Party or any third party should undertake unqualified modifications or repairs, no claims for defects shall be considered with regard to these efforts or the consequences thereof.
(3) The Ordering Party shall bring any material defects to our attention promptly and in writing and shall provide us an opportunity to effectuate subsequent fulfillment within a reasonable period of time. If said subsequent fulfillment should come to nothing, then the Ordering Party shall be entitled to withdraw from the Contract or reduce the remuneration due, notwithstanding any claim for damages pursuant to § 8 hereof.
(4) In the event of notices of defect, the Ordering Party shall be entitled to withhold payments only insofar as the amount withheld bears a reasonable relationship to the defects in question. The Ordering Party shall be entitled to withhold payments only if there can be no doubt as to the justification of the notice of defect in question. In case of unjustified notice of defect, we shall be entitled to require the Ordering Party to compensate us in the amount of the expenses incurred by us as a result of the unjustified notice of defect.
(5) Claims for damages lodged by the Ordering Party for expenses necessitated for purposes of subsequent fulfillment - for transportation, travel, labor and materials in particular - shall be precluded where the expenses have increased because the delivery object was subsequently shipped to a destination other than the Ordering Party's operation, unless the shipment is in keeping with the intended use.
(6) Claims of recourse by the Ordering Party against us in accordance with § 478 of the German Civil Code [BGB] (buyer's rights of recourse) shall be valid only to the extent that the Ordering Party has not entered into agreements with its customers above and beyond the legally permitted claims for defects. Section 5 shall apply accordingly.
(7) Claims for material defects shall come under the statute of limitations in 12 months following the transfer of risk. This shall not apply with regard to claims of recourse in accordance with Section 6 or in cases of injury to life, body or health, or if we are found responsible for a non-accidental or grossly negligent breach of obligation or of willfully withholding information about a defect. This shall be of no consequence for provisions of law regarding suspension of expiration, suspension and restarting of deadlines.
(8) For the remainder, § 8 shall apply to claims for damages. Claims by the Ordering Party against us that go beyond or differ from the foregoing provisions for claims against us and our agents for material defects shall be precluded.
§ 7 Impossibility; Adaptation of Contract
(1) Where delivery is impossible, the Ordering Party shall be entitled to insist upon damages, unless we are not responsible for this impossibility of delivery. This claim for damages by the Ordering Party shall, however, be limited to 10% of the value of that portion of the delivery which cannot be expediently put to use as a result of this impossibility. This limitation shall not apply in cases in which we are not subject to compulsory liability as a result of non-accidental conduct or gross negligence, or as a result of injury to life, body or health; this does not entail a shift in the burden of proof to the detriment of the Ordering Party. This shall not be construed as impinging upon the Ordering Party's right to withdraw from the Contract.
(2) Where unforeseeable events as provided for under § 3 Section 2 considerably alter the economic significance or the content of the delivery, or have a considerable effect upon our operation, the Contract shall be adapted as reasonable and appropriate, with both Parties dealing in good faith. Where this is not economically justified, we shall be entitled to withdraw from the Contract. If we should opt to exercise this right of withdrawal, once we have gauged the applications of the event, we shall promptly bring this fact to the attention of the Ordering Party, even if an agreement has already been entered into with the Ordering Party to extend the period of delivery.
§ 8 Other Claims for Damages
(1) Claims for damages and for compensation of expenses on the part of the Ordering Party (hereinafter: "damage claims"), regardless of the legal basis involved, but particularly for violation of duties arising out of the obligation and for prohibited activity, are hereby precluded.
(2) This shall not apply in cases of compulsory liability, e.g. under product liability legislation; in cases of non-accidental or grossly negligent conduct; in cases of injury to life, body or health; and for breach of fundamental contractual obligations. Damage claims for violation of fundamental contractual obligations, however, shall be confined to as was foreseeable and typical for the contract involved, unless liability applies for non-accidental or grossly negligent conduct, for gross negligence, or for injury to life, body or health. The foregoing provisions shall not be construed as constituting a shift in the burden of proof to the detriment of the Ordering Party.
(3) Where the Ordering Party is accorded damage claims under Sections 1 and 2, these shall come under the statute of limitations upon expiration of the statutory period of limitation for claims for material defects in accordance with § 6 Section 7. In the case of damage claims pursuant to product-liability legislation, the rules on statutory period of limitation set forth in that legislation shall apply.
§ 9 Final Provisions
(1) Any disputes arising directly or indirectly from the contractual relationship shall be resolved before a competent Bad Berleburg, Germany, court of law. We shall also be entitled, however, to bring actions in the jurisdiction of the Ordering Party's headquarters.
(2) The legal relationship in connection with this Contract shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The INCOTERMS 2000 (International Commercial Terms 2000) shall apply hereto, unless they are found to contravene these Conditions or of written agreements.
(3) Even where individual provisions of the Contract are found to be legally invalid, the remainder thereof shall remain binding as between the Parties. This shall not apply in circumstances in which insistence upon the Contract would represent an unreasonable hardship for one or the other Party thereto.
Event Tickets
Tickets for admission to events, and particularly to "SONOR Days 2010," will be forwarded to you via e-mail within 48 hours following receipt of payment. Delivery will be made in exchange for advance purchase. The electronic receipt (printout) must be brought along to the event and presented upon request.
Merchandise Shop Articles
All of the articles ordered will be shipped to you as quickly as possible through our logistics partner. Delivery will be made in exchange for advance purchase or direct debit. Lump-sum shipping costs are € 4.90 for packages weighing up to 31 kg (68.3 lbs.). If an article is unavailable, you will be informed of this without delay. The minimum order (gross merchandise value excluding shipping costs) is € 50.00. For orders with values below this minimum order amount, a processing surcharge of € 5.00 (plus VAT = € 5.95) will be assessed. If you should have any special requests or questions, please phone us at +49 (0) 65 62 / 61-55 or send us an e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
