General terms and conditions towards entrepreneurs

General conditions of sale for commercial transactions

§ 1 General, Scope

(1) Our conditions of sale apply exclusively; We do not recognize customer conditions that conflict with or deviate from our conditions of sale, unless we have expressly agreed to their validity in writing. For this reason, any additional or supplementary provisions contained in the general terms and conditions of the customer that are missing in these terms and conditions will not become part of the contract. Our conditions of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating conditions of the customer.

(2) All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract.

(3) Our conditions of sale only apply to entrepreneurs, legal entities under public law and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB) when the contract is concluded in the exercise of a commercial or independent professional activity.

(4) Our terms of sale also apply to all future business with the customer.

§ 2 Offer, Offer Documents

(1) If the order qualifies as an offer in accordance with Section 145 BGB, we can accept it within 2 weeks. This period begins with the receipt of the order by us. Offers made on our part are always non-binding.

(2) We reserve property rights and copyrights to illustrations, offers, drawings, calculations and other documents. This also applies to written documents that are designated as "confidential". Before passing them on to third parties, the customer requires our express written consent. They are to be returned to us immediately upon request.

§ 3 prices, terms of payment

(1) Unless otherwise stated in the order confirmation, our prices apply “ex works”, excluding packaging, loading, shipping and installation and commissioning of the delivery item; these will be billed separately depending on the effort.

(2) The agreed prices are based on our prices valid on the day the contract was concluded. We reserve the right to change our prices accordingly if the delivery item is to be delivered later than 6 weeks after the conclusion of the contract in accordance with the contract or on the basis of a subsequent request by the customer and there are cost reductions or increases between the conclusion of the contract and the delivery, in particular due to material price changes , Collective bargaining agreements, or changes in energy costs occur. We will prove these to the costumer upon request.

(3) Statutory value added tax is not included in our prices; it will be shown separately in the invoice at the statutory rate on the day of invoicing. Other charges and any customs duties are also borne by the customer, unless otherwise agreed. This also applies to fees that will be re-established or re-levied for individual services in the future - possibly retrospectively.

(4) Payment orders, checks and bills of exchange are only accepted by special agreement and - with all collection and discount charges being charged - only on account of performance.

(5) The customer authorizes us to obtain information about his creditworthiness and solvency from banks for all transactions in which the purchase price is not to be paid in cash upon delivery.

(6) Unless otherwise stated in the order confirmation, payments must be made immediately and without any deduction. Deduction of discount requires special written agreement. Bills of exchange and checks are only considered payment after they have been cashed and are accepted without any obligation to present them in good time or to protest.

(7) The customer is in default at the latest if he does not pay within 30 days of receipt of an invoice or an equivalent payment schedule. The legal rules regarding the consequences of default in payment apply.

(8) If we have agreed partial payments with the customer, the entire remaining debt including up to

Due date of accrued agreed interest due if

a) the customer is fully or partially in default with at least 2 consecutive partial payments and the amount in arrears is at least 10%, if the partial payments have a term of more than 3 years, at least 5% of the partial payment price, and

b) we have unsuccessfully set the customer a 2-week deadline to pay the outstanding amount with the declaration that we will demand the entire remaining debt in the event of non-payment within this deadline.

The entire remaining debt is also due if the customer has generally stopped his payments or if we become aware of circumstances that are likely to reduce the customer's creditworthiness. The same applies if insolvency proceedings are opened against his assets.

§ 4 Offsetting and right of retention

(1) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us.

(2) The customer is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. Each order is considered a separate contractual relationship.

§ 5 assignment

The assignment of the customer's rights from the contract is not permitted without our written consent.

§ 6 delivery time

(1) The start of the delivery time specified by us requires the clarification of all technical and commercial details. Delivery periods and dates always only indicate the approximate delivery time ex works or warehouse.

(2) Compliance with our delivery obligation also requires the timely and proper fulfillment of the

Obligation of the customer ahead. The exception of the unfulfilled contract remains reserved.

(3) The delivery deadline is met if the delivery item has left our works by the time it expires or we have

Customers have informed them that they are ready to ship.

(4) If a non-binding delivery date or a non-binding delivery period has been agreed, we can only 4

Weeks after expiry of the delivery date or the delivery period by means of a reminder (cf. § 286 Paragraph 1 BGB).

(5) In the event of labor disputes, the occurrence of unforeseen obstacles that are beyond our sphere of influence, as well as obstacles for which the manufacturer is responsible, the delivery date or delivery period is extended by the duration of the delay in delivery caused by these circumstances. This applies accordingly if the obstacles occur during an already existing delay in delivery.

(6) The customer also declares that he agrees to partial deliveries and partial services without his prior consent being required. This only applies if partial deliveries or partial services are reasonable for the customer.

(7) If the customer is in default of acceptance or if he culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. Further claims or rights are reserved.

(8) If the requirements of paragraph 7 are met, the risk of accidental loss or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or payment.

(9) We are liable in accordance with the statutory provisions insofar as the underlying purchase contract is a firm deal

of Section 286 (2) No. 4 of the German Civil Code or of Section 376 of the German Commercial Code (HGB). We are also liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfillment of the contract has ceased.

(10) We are also liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; a fault on the part of our representatives or vicarious agents is attributable to us. If the delay in delivery is due to a grossly negligent breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.

(11) We are also liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is based on the culpable breach of an essential contractual obligation; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.

(12) In addition, in the event of a delay in delivery, we are liable for each full week of delay within the framework of a flat rate

Compensation for delay in the amount of 0.5% of the delivery value, but no more than 5% of the delivery value. (13) Further legal claims and rights of the customer are reserved.

§ 7 orders on demand

Unless otherwise agreed, all call-up orders must be accepted within 3 months of the expiry of the contract period at the latest, without the need for a request for acceptance; if this period has expired, we are entitled at any time to invoice the goods if they are dispatched at the same time or to withdraw from the contract immediately. If no contractual period has been agreed, we are entitled to these rights one year after the conclusion of the contract.

§ 8 Transfer of Risk, Packaging Costs

(1) Unless otherwise stated in the order confirmation, delivery "ex works" is agreed.

(2) When the delivery item is handed over to the forwarding agent, carrier or collector, but at the latest when it leaves our business or the manufacturer, the risk is transferred to the customer. This also applies if the delivery item is transported by us.

(3) We are not obliged to choose the cheapest shipping method. Claims for damages by the customer due to incorrect

Dispatch or inadequate packaging are excluded in the event of slight negligence.

(4) Without prejudice to his rights in accordance with Section 8 of these General Terms and Conditions, the customer must receive items delivered, even if they have minor defects.

(5) Separate agreements apply to the return of packaging.

(6) If the customer so wishes, we will cover the delivery with transport insurance; the costs incurred in this respect are borne by the customer.

§ 9 acceptance

The customer must accept the delivery item at our place of business within 8 days of the delivery date communicated to him in writing by us. In the event of non-acceptance, we can make use of our statutory rights.

§ 10 guarantees, technical advice and deviations from performance specifications

(1) Guarantees are only accepted by us in the event of a special agreement. A reference to DIN standards, material sheets, factory test certificates, etc. serves only to describe the subject of performance and therefore does not constitute a guarantee. Information on the scope of delivery, dimensions, weights, materials, appearance and services serve to describe the subject of delivery and are not a guarantee of quality or durability.

(2) We give technical advice to the best of our knowledge and ability. However, it is non-binding and does not exempt the customer from carrying out their own tests and trials. The customer is responsible for observing legal and official regulations when using our goods.

(3) Minor, customary and technical improvements caused deviations from our dimensions, weight and performance specifications are permissible.

§ 11 Liability for Defects

(1) The customer's claims for defects require that the customer has properly complied with his inspection and complaint obligations under Section 377 of the German Commercial Code (HGB).

(2) Insofar as we produce services in accordance with the customer's technical specifications, our guarantee is limited to the production of the work in accordance with the drawing.

(3) If there is a defect in the purchased item, the customer is entitled, at his option, to supplementary performance in the form of a defect removal or to the delivery of a new, defect-free item. In the case of rectification of defects or replacement delivery, we are obliged to bear all expenses necessary for the purpose of supplementary performance, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item is moved to a location other than the place of performance was spent.

(4) If the supplementary performance fails, the customer is entitled, at his discretion, to withdraw from the contract or to demand a reduction in price. (5) We are liable in accordance with the statutory provisions insofar as the customer asserts claims for damages that

are based on willful intent or gross negligence, including willful intent or gross negligence on the part of our representatives or vicarious agents. Unless we are accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.

(6) We are liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; Even in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage. An essential contractual obligation exists if the breach of duty relates to an obligation on the fulfillment of which the customer trusted and was also entitled to trust.

(7) Insofar as the customer is entitled to compensation for damage instead of performance, our liability is also in

Within the scope of Paragraph 4, limited to compensation for the foreseeable, typically occurring damage.

(8) Liability for culpable injury to life, body or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.

(9) Unless otherwise regulated above, liability is excluded.

(10) The limitation period for claims for defects is 12 months, calculated from the transfer of risk.

(11) The limitation period in the event of delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years from the delivery of the defective item.

(12) The customer cannot derive any rights with regard to the remaining partial deliveries from defective partial deliveries.

§ 12 Joint Liability

(1) Any further liability for damages than provided for in § 11 is excluded - regardless of the legal nature of the claim asserted. This applies in particular to claims for damages arising from negligence when concluding the contract, due to other breaches of duty or due to tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).

(2) The limitation according to Paragraph 1 also applies if the customer instead of a claim for compensation for the damage, instead of the

Performance reimbursement of useless expenses required.

(3) As far as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents.

(4) Our liability for damage to the customer caused by delay in delivery is conclusively regulated in Section 6 of these General Terms and Conditions.

(5) For the statute of limitations for all claims that are not subject to the statute of limitations due to a defect in the item, a

Exclusion period of 18 months. It begins with knowledge of the damage and the person who caused the damage.

§ 13 Third party property rights, rights to tools

(1) If third party property rights are infringed during manufacture and delivery according to drawings or other information provided by the customer, the customer shall indemnify us against all claims. Our drawings and documents handed over to the customer as well as our suggestions for the production of the workpieces may not be passed on to third parties and we can request them back at any time.

(2) If the customer provides us with models or production facilities, these must be sent to us free of charge or installed. We can demand that the customer retrieves such equipment at any time; if he does not comply with such a request within three months, we are entitled to send it back to him at his own expense. The customer bears the costs for maintenance and any changes required. The customer is liable for the technically correct construction and the execution of the equipment to ensure the production purpose; however, we are entitled to make changes due to manufacturing technology.

(3) Insofar as workpiece-related models or production facilities are manufactured or procured by us at the customer's request, the customer must reimburse us for the costs incurred for this. With full or partial payment of tool costs, the customer does not acquire any rights to the tools themselves. Rather, these remain our property.

§ 14 retention of title

(1) We reserve title to the purchased item until all payments from the delivery contract have been received. The retention of title also extends to all of our other claims from the business relationship with the customer. In the case of a current account, the reserved property is considered security for our claims (current account reservation); the reservation then relates to the recognized balance.

(2) If the customer acts in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. The customer cannot invoke any right of retention against our request for surrender. If the customer does not return the delivery item that is our property within 2 weeks of the request for surrender, we are entitled to take back the delivery item ourselves. The customer acknowledges that our actions to obtain direct possession of the delivery item do not constitute a violation of house rules or prohibited individual power. Taking back the purchased item does not constitute a withdrawal from the contract. After taking back the purchased item, we are authorized to dispose of it; the proceeds from the sale are to be offset against the customer's liabilities - less reasonable disposal costs.

(3) The customer is obliged to treat the purchased item with care; In particular, he is obliged to insure them adequately at replacement value at his own expense against damage caused by fire, water and theft. If maintenance and inspection work is required, the customer must carry this out in good time at his own expense.

(4) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the loss incurred.

(5) The customer is entitled to resell the purchased item in the ordinary course of business; However, he already now assigns to us all claims in the amount of the final invoice amount (including VAT) of our claims that arise from the resale to his customers or third parties, regardless of whether the purchased item was resold without or after processing is. The claim assigned to us in advance by the customer also relates to the recognized balance and, in the event of the customer's insolvency, to the then existing "causal" balance. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made to open composition or insolvency proceedings or payments have been suspended. If this is the case, however, we can demand that the customer notify us of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors (third parties) of the assignment.

(6) The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. The same applies to the item created through processing as to the purchased item delivered with reservation.

(7) If the purchased item is inseparably mixed with other items that do not belong to us, we shall acquire them

Co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer proportional co-ownership to us. The customer shall keep the resulting sole or joint ownership for us.

(8) The customer also assigns to us the claims to secure our claims against him, which are caused by the

Connection of the purchased item with a plot of land against a third party.

(9) We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is incumbent on us.

§ 15 confidentiality

(1) The contracting parties undertake to keep confidential information of the other contracting party secret. Confidential information is information that is expressly designated as confidential in so far as it is transmitted in writing, or that is designated as confidential when transmitted verbally and whose confidentiality is confirmed in writing by the customer within three weeks of transmission.

(2) We may pass on confidential information to third parties and sub-suppliers, insofar as this is reasonably necessary for us to provide the service. In this case, we will oblige the sub-supplier to maintain confidentiality in accordance with our own obligation.

(3) The confidentiality obligation does not apply to the contractual partners if the confidential information is provided without a

A breach of a confidentiality obligation becomes generally known by a contractual partner or a third party, is recognized or developed by a contractual partner independently and independently of the confidential information or has to be disclosed due to mandatory legal regulations.

§ 16 Place of jurisdiction, place of performance, severability clause

(1) If the customer is a merchant, our place of business is the place of jurisdiction; however, we are entitled to sue the customer at his place of residence.

(2) The law of the Federal Republic of Germany applies exclusively; the validity of the UN sales law is excluded.

(3) Unless otherwise stated in the order confirmation, our place of business is the place of performance.

(4) The customer automatically agrees to the storage of personal data in the context of our business relationship. The handing over and / or announcement of these conditions is considered as notification within the meaning of the Federal Data Protection Act.

(5) Should any provision of these terms and conditions be or become ineffective, this shall not affect the legal validity of the remaining provisions. Instead of an ineffective provision, an effective provision is deemed to have been agreed that comes closest to the economic purpose of the ineffective provision.

General terms and conditions for consumers

General conditions of sale for non-commercial transactions

§ 1 General, Scope

(2) The following conditions of sale only apply to consumers in the sense of

§ 13 BGB. If the customer is an entrepreneur within the meaning of § 14 BGB, others apply

Conditions of sale that we are happy to make available and also on ours

Homepage available for download.

(3) All agreements between us and the customer for the purpose of executing this

Contracts are made are set out in writing in this contract.

(4) Our terms of sale also apply to all future business with the

Customers.

§ 2 Instructions on the right of withdrawal for distance contracts

(1) Right of withdrawal

You can revoke your contract declaration within two weeks without giving reasons in writing (e.g. letter, fax, email) or by returning the item. The period begins with receipt of this instruction at the earliest. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation or the return must be sent to:

Air classics

A. Ruppert

Ringstrasse 7

65439 Flörsheim

info@air-classics.net

MR model making

M. Ruppert

Ringstrasse 7

65439 Flörsheim

info@mr-modellbau.com

(2) Consequences of cancellation

In the case of an effective revocation, the mutually received services are to be returned and any benefits drawn are to be surrendered. If you cannot return the services received to us in whole or in part, or if you can only return them in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as it would have been possible for you in a shop, for example. Incidentally, you can avoid the obligation to pay compensation by not using the item as if you were your own property and by refraining from anything that could impair its value. Transportable items are to be sent back. You have to bear the costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of € 40.00 or if you have not received the consideration at the time of cancellation or if the price of the goods is higher have made a contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as a parcel will be picked up from you. You must fulfill obligations to reimburse payments within 30 days of sending your declaration of cancellation.

(3) Special notes

Your right of revocation expires prematurely if your contractual partner has started to perform the service with your express consent before the end of the revocation period or if you have initiated this yourself (e.g. by downloading, etc.).

End of revocation

§ 3 Offer, Offer Documents

(2) We reserve property rights and copyrights to illustrations, offers, drawings, calculations and other documents. This also applies to such

written documents that are designated as "confidential". Before passing them on to third parties, the customer requires our express written consent. They are to be returned to us immediately upon request.

(3) The goods contained on the Internet, in brochures or similar media merely represent an invitation to the contractual partner to submit an offer.

§ 4 prices, terms of payment

(1) Unless otherwise stated in the order confirmation, our prices apply

"Ex works", excluding packaging, loading, shipping and installation and

Commissioning of the delivery item; depending on the work involved, these are listed separately in

Billed.

(2) The agreed prices are based on our prices valid on the day the contract was concluded

Prices. We reserve the right to change our prices accordingly if the delivery item is in accordance with the contract or as a result of a subsequent purchase

Delivery later than 6 weeks after the conclusion of the contract at the request of the customer

should be and between the conclusion of the contract and the delivery

Cost reductions or cost increases occur, in particular due to changes in the price of materials, collective bargaining agreements, or changes in energy costs. We will prove these to the costumer upon request.

(3) Other charges and any customs duties shall be borne by the customer, unless otherwise agreed. This also applies to taxes that may - in the future

retrospectively - be re-determined or re-levied for individual services.

(4) Money orders, checks and bills of exchange are only accepted after special

Agreement and - with the calculation of all collection and discount charges - always only accepted on account of performance.

(5) The customer authorizes us, for all transactions in which the purchase price is not to be paid in cash upon delivery, information about his creditworthiness and

Obtain solvency from credit institutions.

(6) Unless otherwise stated in the order confirmation, payments must be made immediately and without any deduction. The deduction of a discount requires special

written agreement. Bills of exchange and checks are only considered payment after they have been cashed and are accepted without any obligation to present them in good time or to protest.

(7) The customer is in default at the latest if he does not cancel within 30 days

Receipt of an invoice or an equivalent payment schedule. The legal rules regarding the consequences of default in payment apply.

(8) If we have agreed partial payments with the customer, the entire remaining debt including interest accrued up to the due date is due if

a) the customer is fully or partially in arrears with at least 2 consecutive partial payments and the arrears amount at least 10%, with a term of the partial payments of more than 3 years at least 5% of the

Installment price is, and

over his property is opened.

§ 5 EC import sales tax

(1) If the buyer is based outside the Federal Republic of Germany, he is obliged to comply with the regulations on import sales tax of the European Union. He must inform us of his sales tax identification number and, if necessary, its change, without being asked. Upon request, he is obliged to provide information about his status as an entrepreneur, the use and transport of the delivered goods and with regard to the statistical reporting obligation.

(2) The buyer is also obliged to pay us the expenses and costs that we incur due to lack of or inadequate information on import sales tax

substitute.

(3) We are not liable for the consequences of inadequate or omitted information from the customer on import sales tax, unless we acted with intent or gross negligence

Load.

§ 6 Offsetting and right of retention

(1) The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us.

(2) The customer is authorized to exercise a right of retention insofar as his

Counterclaim is based on the same contractual relationship. Each order is considered a separate contractual relationship.

§ 7 assignment

The assignment of the customer's rights from the contract are without our written

Consent not allowed.

§ 8 delivery time

(2) Compliance with our delivery obligation continues to be timely and

proper fulfillment of the customer's obligation. The exception of the unfulfilled contract remains reserved.

(3) The delivery deadline is met if the delivery item is ours by the time it expires

Has left the factory or we have informed the customer that the goods are ready for dispatch.

(4) In the event of labor disputes, the occurrence of unforeseen obstacles that are beyond our control, as well as obstacles for which the manufacturer is responsible, the delivery date or delivery period is extended by the duration of the delay in delivery caused by these circumstances. This applies accordingly if the obstacles occur during an already existing delay in delivery.

(5) The customer also declares that he agrees to partial deliveries and partial services without his prior consent being required. This only applies in the case of

Reasonability of partial deliveries or partial services for the customer.

(6) If the customer is in default of acceptance or culpably violates others

Obligations to cooperate, we are entitled to demand compensation for the damage we incur in this respect, including any additional expenses. Further

Claims or rights are reserved.

(7) If the requirements of Paragraph 6 are met, there is a risk of accidental

Destruction or accidental deterioration of the purchased item is transferred to the customer at the point in time at which the customer is in default of acceptance or debtor default.

(8) We are liable according to the statutory provisions insofar as the underlying

Purchase contract a firm deal within the meaning of Section 286 (2) No. 4 BGB or Section 376 HGB

is. We are also liable in accordance with the statutory provisions if, as a result of a delay in delivery for which we are responsible, the customer is entitled to assert that his interest in the further fulfillment of the contract has ceased.

(9) We are also liable in accordance with the statutory provisions if the delay in delivery occurs

is based on an intentional or grossly negligent breach of contract for which we are responsible; a fault on the part of our representatives or vicarious agents is attributable to us. If the delay in delivery is due to a grossly negligent breach of contract for which we are responsible, our liability for damages is limited to the foreseeable, typically occurring damage.

(10) We are also liable in accordance with the statutory provisions insofar as the delay in delivery for which we are responsible is due to the culpable violation of a material one

Contractual obligation is based; in this case, however, the liability for damages is limited to the foreseeable, typically occurring damage.

(11) In addition, in the event of a delay in delivery, we are liable for each full week of delay

Within the scope of a flat-rate compensation for delay in the amount of 0.5% of the

Delivery value, but not more than 5% of the delivery value. (12) Further legal claims and rights of the customer are reserved.

§ 9 orders on call

Unless otherwise agreed, all call-up orders are to be made within the 3rd week at the latest

To accept months after the end of the contract period without the need for a request for acceptance; if this period has expired, we are entitled at any time to invoice the goods if they are dispatched at the same time or to withdraw from the contract immediately. If a contract period has not been agreed, we shall be entitled to the aforementioned rights one year after the conclusion of the contract.

§ 10 Transfer of Risk - Packaging Costs

(1) Unless otherwise stated in the order confirmation, delivery is "ex works"

agreed upon.

(2) When the delivery item is handed over to the forwarding agent, carrier or collector, but no later than when it leaves our business or the

Manufacturer, the risk passes to the customer. This also applies if the

Transport of the delivery item is carried out by us.

(3) We are not obliged to choose the cheapest shipping method.

Claims for damages by the customer due to incorrect or defective shipping

Packaging is excluded in the event of slight negligence.

(4) The customer has, without prejudice to his rights according to § 10 of these terms and conditions, delivered

To receive items, even if they have minor defects.

(5) Separate agreements apply to the return of packaging.

(6) If the customer so wishes, we will make the delivery through a

Take out transport insurance; the costs incurred in this respect are borne by the customer.

§ 11 acceptance

§ 12 guarantees, technical advice and deviation from

Performance data

(2) We give technical advice to the best of our knowledge and ability. However, it is non-binding and does not exempt the customer from carrying out their own tests and trials.

The customer is responsible for observing legal and official regulations when using our goods.

(3) Minor, customary and technical improvements

Deviations from our dimensions, weight and performance specifications are permissible.

§ 13 Liability for Defects

(1) Obvious defects are to be reported by the customer within four weeks of delivery of the

Object of the contract to us in writing.

(2) If there is a defect in the purchased item, the customer is free to choose

Subsequent performance in the form of a removal of defects or the delivery of a new, defect-free item is entitled. In the case of rectification of defects or replacement delivery

we are obliged to pay all expenses necessary for the purpose of supplementary performance,

in particular to bear transport, travel, labor and material costs, provided that these are not increased by the fact that the purchased item is moved to a location other than

Place of performance was brought.

(3) If the supplementary performance fails, the customer is entitled to choose whether to withdraw from the contract or to demand a reduction in price.

(4) We are liable in accordance with the statutory provisions insofar as the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Unless we are accused of intentional breach of contract, liability for damages is limited to the foreseeable, typically occurring damage.

(5) We are liable in accordance with the statutory provisions if we culpably violate an essential contractual obligation; in this case too, however, is the

Liability for damages for foreseeable, typically occurring damage

limited. An essential contractual obligation exists if the breach of duty relates to an obligation on the fulfillment of which the customer has relied and also trust

could.

(6) Insofar as the customer is entitled to compensation for damage instead of performance, our liability is also within the scope of Paragraph 4 for compensation for the foreseeable,

typically occurring damage is limited.

(7) Liability for culpable injury to life, body or the

Health remains unaffected; this also applies to the mandatory liability after

Product Liability Act.

(8) Unless otherwise regulated above, liability is excluded.

(9) The limitation period for claims for defects is 24 months and for new items

for used items 12 months from the transfer of risk.

(10) The limitation period in the event of a delivery recourse according to §§ 478, 479 BGB remains unaffected; it is five years from the delivery of the defective item.

(11) The customer cannot derive any rights with regard to the remaining partial deliveries from defective partial deliveries.

§ 14 Joint Liability

(1) Any further liability for damages than provided for in § 12 - regardless of the legal nature of the claim asserted - is excluded. This applies in particular to claims for damages arising from negligence when concluding the contract, due to other breaches of duty or due to tortious claims for compensation for property damage in accordance with Section 823 of the German Civil Code (BGB).

(2) The limitation according to Paragraph 1 also applies if the customer instead of a claim to

Compensation for the damage; instead of the performance, compensation for useless expenses is requested.

§ 15 Third party property rights, rights to tools

(2) If the customer provides us with models or production facilities, these must be sent to us free of charge or installed. We can request that the

Customer retrieves such facilities at any time; if he does not comply with such a request within three months, we are entitled to send it back to him at his own expense. The customer bears the costs for maintenance and any changes required. The customer is liable for the technically correct construction and the

Execution of the facilities for the purpose of production; however, we are entitled to make changes due to manufacturing technology.

(3) As far as workpiece-related models or production facilities from us on request

are made or procured by the customer, the customer must reimburse us for the costs incurred for this. Through full or partial remuneration of

Tool costs, the customer does not acquire any rights to the tools themselves. Rather, these remain our property.

§ 16 Securing retention of title

(2) If the customer acts in breach of contract, in particular in the event of default in payment, we are entitled to take back the purchased item. Compared to ours

The customer cannot invoke any right of retention when requesting surrender.

If the customer does not surrender the delivery item that is our property within 2 weeks of the request for surrender, we are entitled to the

Retrieve the delivery item yourself. The customer acknowledges that our actions to obtain direct possession of the delivery item do not constitute a violation of house rules or prohibited individual power. In the

Taking back the purchased item does not constitute a withdrawal from the contract. After taking back the purchased item, we are authorized to dispose of it; the proceeds from the sale are to be offset against the customer's liabilities - less reasonable disposal costs.

are required, the customer must carry this out in good time at his own expense.

Insofar as the third party is unable to provide us with judicial and extrajudicial

To reimburse costs of a lawsuit according to § 771 ZPO, the customer is liable for the loss incurred by us.

(5) The customer is entitled to pass on the purchased item in the ordinary course of business

Selling; However, he already now assigns to us all claims in the amount of the final invoice amount (including VAT) of our claims that arise from the resale to his customers or third parties, regardless of whether the purchased item was resold without or after processing is. The claim assigned to us in advance by the customer also relates to the recognized balance and, in the event of the customer's insolvency, to the then existing "causal" balance. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the customer fulfills his payment obligations from the proceeds received, is not in default of payment and, in particular, no application has been made to open composition or insolvency proceedings or payments have been suspended. If this is the case, however, we can demand that the customer notify us of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors (third parties) of the assignment.

(6) The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is combined with other items that do not belong to us

processed, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. For through processing

The same applies to the resulting item as to the item delivered under reserve

Purchase item.

(7) If the purchased item is inseparably mixed with other items that do not belong to us, we shall acquire co-ownership of the new item in the ratio of

Value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is deemed to be

agreed that the customer shall transfer proportional co-ownership to us. The customer shall keep the resulting sole or joint ownership for us.

(8) The customer also assigns to us the claims to secure our claims against him, which result from the connection of the purchased item with a property against one

Third grown up.

(9) We undertake to release the securities to which we are entitled at the customer's request insofar as the realizable value of our securities is to be secured

Exceeds claims by more than 10%; the selection of those to be released

Security is our responsibility.

§ 17 Confidentiality

(3) The confidentiality obligation does not apply to the contractual partners if the confidential information is generally known by a contractual partner or a third party without a breach of a confidentiality obligation

is recognized or developed independently and independently of the confidential information or must be disclosed due to mandatory legal regulations.

§ 18 final provisions

(1) The law of the Federal Republic of Germany applies exclusively; the validity of the UN sales law is excluded.

(2) If the customer moves his domicile or usual place of residence outside the scope of the Federal Republic of Germany after the conclusion of the contract, our place of business is the place of jurisdiction. This also applies if the customer's place of residence or habitual residence is not known at the time the action is brought.

(3) The customer automatically agrees to the storage of personal data in the context of our business relationship. The delivery and / or announcement of these conditions is deemed to be

Notification within the meaning of the Federal Data Protection Act.

(4) Should any provision of these terms and conditions be or become ineffective, this shall not affect the legal validity of the remaining provisions. Instead of an ineffective provision, an effective provision is deemed to have been agreed upon, which the

the economic purpose of the ineffective provision comes as close as possible.

General Conditions of Purchase

§ 1 General, Scope

Our contracts are concluded exclusively on the basis of these purchasing conditions. This also applies to future business with the supplier. Deviating conditions of the seller are hereby contradicted; these are also not recognized by accepting the goods without expressly contradicting them again. These general terms and conditions of purchase do not apply to consumers.

§ 2 orders

(1) Only the content of our written orders applies. Orally placed orders or side agreements only become valid after our written confirmation.

(2) Our orders must be confirmed in writing within 10 days. After this period has expired, we are no longer bound by our order. If in these cases we do not revoke the order, the order comes into effect upon delivery of the delivery items to us.

(3) Each order is to be treated separately in all correspondence. All order confirmations, delivery notes and invoices must be provided with the order number specified by us.

§ 3 delivery dates

(1) The delivery dates and deadlines stated in our order are binding. Receipt of the goods by us is decisive for compliance with the delivery dates and the delivery deadlines. After a reminder and an unsuccessful deadline, we are entitled, at our option, to withdraw from our order in whole or in part and to demand compensation for non-fulfillment. If there is a threat of a delay in delivery, we must be informed of this immediately, stating the reasons.

(2) We are not obliged to accept partial services. After partial performance by the supplier, after an unsuccessful reasonable deadline for performance of the entire delivery quantity, we can reject these as not owed.

(3) In the case of call-offs, the supplier must provide the delivery as follows:

The requirement, which is referred to as immediate requirement, is to be made by the supplier immediately upon receipt of the

To deliver to us on demand.

The supplier must keep the future requirements ready on the dates specified in the request.

The delivery must take place at the time at which we have this delivery quantity / parts of it

Call up delivery quantity as immediate requirement.

If a requirement has been indicated but not called up as a special requirement, this backlog is only to be delivered to us by the supplier at the point in time at which this backlog is called up by us as an immediate requirement.

§ 4 delay in delivery

(1) As soon as the supplier foresees difficulties in his own material order, production, etc., which could prevent him from delivering on time, especially in accordance with the agreement, he must notify us immediately. This does not affect the supplier's obligation to deliver on time and to assume the procurement risk.

(2) The acceptance of the delayed delivery or service on our part does not constitute a waiver of the claims to which we are entitled against the supplier due to the delayed delivery. We can always reject partial services as non-fulfillment of the supplier's delivery obligation.

(3) If the supplier is obliged to deliver the delivery items to us several times and if the supplier exceeds the agreed delivery dates for two deliveries / partial deliveries, we are entitled to terminate any framework agreement between the parties on the delivery for an important reason. The complaint about the first missed deadline counts as a warning, which was unsuccessful because the deadline was missed further. This does not affect our right to assert all rights to which we are entitled because the deadline for the respective individual delivery is exceeded. If, on the other hand, there is no framework agreement between us and the supplier in the above cases, we are entitled to withdraw from the outstanding deliveries / partial deliveries if the deadline is exceeded twice, even if the supplier was not responsible for the delay. Further rights on our part remain unaffected even if we declare our withdrawal.

(4) Regardless of the rights to which we are entitled in the event of a delay in delivery, we are entitled to demand a contractual penalty from the supplier of 0.5% per week or part thereof, up to a maximum of 5% of the total order value of the delivery, from the time of the delay in delivery. The assertion of further damages is expressly reserved. The reservation of the assertion of the contractual penalty can still be asserted until the invoice has been paid. The contractual penalty is to be offset against a claim for damages caused by delay.

§ 5 Force Majeure

(1) Events, force majeure, strikes and lockouts at our company or in the area of our suppliers, which lead to the suspension or restriction of our business and which cannot be averted despite the care which is reasonable under the circumstances, entitle us to the acceptance and the payment postpone for the duration of the handicap and an appropriate start-up period.

(2) If the acceptance is postponed in the above-mentioned cases and the payment deadline is extended, any claims for damages on the part of the supplier do not apply. However, we can only refer to this if we inform the supplier within a period appropriate to these circumstances.

(3) If this hindrance lasts less than two months, the supplier cannot withdraw from the contract if we accept the delivery items after the 2-month period has expired. If the hindrance lasts longer than two months, the supplier is entitled, after setting a reasonable deadline, to withdraw from the contract with regard to the part that has not yet been fulfilled and has not yet been paid by us.

§ 6 delivery, risk assumption

(1) Delivery and dispatch are carried out free of charge to our business address or the delivery location specified by us at the risk of the supplier. Two copies of the delivery note must be enclosed with the goods. The supplier bears the costs for packaging, freight and insurance. The packaging is to be disposed of by the supplier at his own expense. Insofar as delivery ex works has been agreed in individual cases, the supplier must provide the most favorable shipping for us and the correct declaration. In this case, too, the supplier is liable for transport damage.

(2) The supplier bears the risk until the delivery item is delivered to the specified shipping address

(Place of performance), even if we take over the transport and / or the transport insurance in individual cases.

§ 7 Quality, Execution, Safety

(1) The supplier must comply with the recognized rules of technology, safety regulations and the agreed technical data for his delivery. The deliveries and services must in particular comply with the applicable accident prevention regulations and safety recommendations of the professional associations and be suitable for our intended use known to the supplier. If reference is made to standards, these as well as the statutory provisions apply as minimum requirements. Relevant certificates, test certificates and evidence are to be supplied free of charge. Deliveries and services must always be environmentally friendly and recyclable, prohibited substances may not be used. Changes to the delivery item or an approved production process, or its relocation to another location, require our prior written consent.

(2) Insofar as the supplier has received drawings, samples or other regulations from us, he undertakes to comply with these with regard to the type, quality and design of the delivery item. Any concerns on the part of the supplier about our specifications must be communicated to us immediately before the execution. In this case, production and delivery may only take place after further instructions from us.

(3) The units of quantity ordered by us are gross quantities. The grant is already included. Any further overdeliveries are only possible with our express approval.

(4) Insofar as authorities or customers require us to inspect our production process or our production documents in order to check certain requirements, the supplier declares that he is ready to grant him the same rights in his company and to provide him with all reasonable support. In addition, the supplier must ensure that these rights are also granted to the authorities, us or customers by us in relation to sub-suppliers of the supplier.

§ 8 acceptance

(1) The goods are accepted subject to inspection, in particular for freedom from defects and completeness. We are obliged to check the goods for any defects within a reasonable period. A notification of defects in accordance with Section 377 of the German Commercial Code (HGB) is given in good time, provided that it is made within 5

Working days after receipt of goods. In the event of a written complaint, dispatch is sufficient to meet the deadline.

(2) In the case of goods for which the defect can only be determined during processing by us and / or installation by us, the notification of defects is made in good time if it is within 5 working days after we have discovered the defect or upon receipt the customer's complaint is made by us.

(3) If claims are made against us by our customer due to a defect - despite non-compliance with the regulation on the proper complaint - the complaint from us is still in good time if we receive it within 5 working days after the customer has asserted the defect happened to us.

(4) Any payment of the purchase price prior to the discovery of the defects does not constitute an acknowledgment that the

The goods are free from defects and have been delivered in accordance with the regulations.

§ 9 Right of Termination

If there is a purchase contract for justifiable items within the meaning of § 651 BGB, we are entitled to terminate the contract at any time until the manufacture or production of the item has been completed. In this case, the supplier is entitled to remuneration for his previous services as well as to the business profit, taking into account the expenses saved by the cancellation of the contract or the profits acquired through other use of his labor.

§ 10 Warranty and warranty periods

(1) In the event of a defective delivery, the statutory provisions apply at the time of delivery by the supplier. This also applies to only insignificant deviations from the agreed quality or to only insignificant impairment of usability.

(2) If the supplier does not provide subsequent performance immediately upon request by us, we are entitled in urgent cases, in particular to avert acute dangers or to avoid major damage, to remedy the defects ourselves at the supplier's expense at our usual remuneration rates to remove or have it removed by a third party. The same applies in the event that a reasonable deadline set by us for supplementary performance has expired without success. The legal claims according to §§ 437 No. 2 and No. 3 BGB remain unaffected.

(3) The regulation of § 4 Paragraph 3 of these Terms and Conditions of Purchase applies accordingly to defective call orders

Use.

(4) Our warranty claims that do not relate to a building and are not items for a building

are usually used, are statute-barred 36 months after delivery of the delivery item to us.

(5) In the case of rework or replacement delivery, the warranty period begins anew with delivery of the reworked goods or replacement goods, provided that the supplier has clearly acted in the awareness of being obliged to remedy the defect.

(6) In order to maintain the above-mentioned rights beyond the aforementioned warranty period, it is sufficient if we have notified the supplier of the defects within this period.

§ 11 Product Liability

(1) The supplier must carry out all controls of the products manufactured and / or delivered by him independently of any incoming inspection on our part and is responsible for the faultless quality of the delivery item. Any controls we may carry out do not relieve the supplier.

(2) The supplier shall indemnify us from all third party claims for damages based on product damage that has its cause in its sphere of control and organization. The supplier will continue to reimburse us for the costs of product recalls initiated by us for this reason. If the costs are to be shared due to the presence of several responsible parties, then Sections 5 and 6 of the ProdHaftG apply accordingly.

(3) The supplier undertakes to take out appropriate liability insurance, in particular to take out adequate product liability insurance. At our request, the supplier must immediately provide evidence of the conclusion of this insurance.

§ 12 delivery of spare parts

(1) The supplier undertakes to supply us with all individual parts during the average service life of the product supplied.

(2) The price for a spare part must not be higher than the price for a corresponding part on the free market.

(3) If the production of spare parts has ceased after the period specified in Paragraph 1 has expired, the supplier undertakes to

to surrender construction documents and drawings to us on request for a reasonable fee. We undertake not to make these documents accessible to third parties.

(4) The supplier undertakes to notify us at least 3 months before the production of a

To inform the product in writing.

§ 13 Prices, Invoices, Payment

(1) The agreed price is a fixed price including packaging. Unless otherwise agreed, the price includes all services and ancillary services of the supplier. Statutory value added tax must always be shown separately in invoices.

(2) Invoices are to be sent separately in duplicate by the post to our business address. Payment is made within 30 days with a 3% discount or within 90 days net. The time of the transfer by us is decisive. The payment is neither an acknowledgment of fulfillment nor a waiver of warranty. If early deliveries are accepted, the due date of the price is based on the agreed delivery date.

(3) Default in payment only occurs 30 days after the due date and receipt of the invoice. (4) Payment is made subject to the invoice verification.

(5) Interest on arrears for payment claims are limited to a maximum of 5 percentage points above the base rate.

If the supplier pays lower loan interest, these are decisive. The supplier has the paid by him

Provide evidence of credit interest to us when claiming compensation for late payment. (6) Any extended or expanded retention of title is expressly excluded.

§ 14 Assignment, Prohibitions on Offsetting

The assignment of claims against us is only effective with our written consent. We do not recognize offsetting bans.

§ 15 Documents and objects provided

(1) All documents or objects that we leave to the supplier for submitting an offer or for carrying out an order remain our property and may not be used, reproduced or made available to third parties for other purposes. They must be marked with the note "Property Air-Classic - Andreas Ruppert". We also reserve all copyrights, industrial property rights, patents, utility models, etc.

(2) If items supplied by us are processed together with other items or are inseparably mixed, we acquire co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the associated items. The processing of the items delivered by us and their assembly with other parts or their transformation by the supplier are always carried out for us. If the items delivered by us are processed with other items that do not belong to us, there is agreement that we shall acquire joint ownership of the new item in the ratio of the value of the goods subject to retention of title to the other processed items at the time of processing. The handover is replaced by the agreement that the goods remain in the supplier's possession for processing until the agreed delivery date and are stored separately for us.

(3) The supplier may only use tools supplied by us for processing the goods we have ordered. He undertakes to insure the tools at replacement value at his own expense and assigns all claims for compensation against the insurer to us; We accept the assignment. Upon our request, the supplier must prove that he has taken out an appropriate insurance policy.

(4) Documents of all kinds that we make available to the supplier, such as samples, drawings, models and the like, are to be returned free of charge at our request.

(5) Molds, models, equipment, etc. may only be destroyed with our written consent. The supplier is obliged to provide a list of the manufacturing equipment to which we are entitled to ownership or co-ownership at regular intervals and at any time upon our request.

(6) At our request, the supplier must immediately surrender the materials, parts, forms, models, operating resources or other production resources made available to him by us - within one day at the latest. If the supplier co-owns this, it is issued step by step against payment of the co-ownership share. If there is a dispute about the amount of the co-ownership share, we can avert a right of retention due to this co-ownership share of the supplier by providing a guarantee for the amount in dispute.

(7) Insofar as the security interests to which we are entitled in accordance with Paragraphs 1 and 2 of these Terms and Conditions of Purchase exceed the purchase price of all deliveries not yet paid for by us by more than 10%, we are obliged to release the security interests at our option at the request of the supplier.

§ 16 Confidentiality

(1) The supplier undertakes to use the knowledge and experience he has acquired during the execution of our order exclusively for the execution of orders from our company and not to disclose it to third parties. This confidentiality obligation only does not apply if our technical and commercial knowledge has become publicly known or was already known to the supplier without a breach of contract on his part.

(2) Products that are manufactured according to documents designed by us, such as drawings, models and the like, or according to information provided by us confidentially or with our tools, may not be used by the supplier, nor offered or delivered to third parties.

(3) Parts that we have developed or further developed in cooperation with the supplier may only be delivered to third parties by the supplier with our written consent.

(4) Insofar as the supplier engages sub-suppliers to fulfill his delivery obligation to us, he must ensure that they are also obliged to maintain confidentiality within the scope of § 16 Paragraph 1 and 2 of these Terms and Conditions of Purchase. If requested by us, the supplier must present us with a corresponding written agreement with the sub-supplier.

§ 17 Property Rights

(1) The supplier is liable for claims arising from the violation of property rights and property right registrations when the delivery item is used in accordance with the contract. The supplier exempts us and our customers from claims by third parties arising from any infringement of property rights and bears all costs that we incur in this context.

(2) The limitation period due to liability for the infringement of property rights begins as soon as the claim has arisen and we have become aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence. It is a maximum of 10 years from delivery of the delivery item.

§ 18 Choice of law, place of jurisdiction and final provisions

(1) German law, excluding United Nations law on the international sale of goods (CISG), applies to the terms and conditions of purchase and the entire legal relationship between us and the supplier, including in legal transactions with foreign suppliers.

(2) Exclusive place of jurisdiction for all directly or indirectly resulting from the contractual relationship

Disputes in dealings with registered traders is Ulm.

(3) The supplier automatically declares his consent to the storage of personal data as part of our business relationship. The handing over and / or announcement of these conditions is considered as notification within the meaning of the Federal Data Protection Act.

(4) If insolvency proceedings are opened against the assets of a contracting party or if judicial or extrajudicial settlement proceedings are applied for, the other party is entitled to withdraw from the non-fulfilled part of the contract. This does not affect further claims.

(5) Should any provision of these terms and conditions be or become ineffective, the remaining provisions shall remain legally effective

Regulations unaffected by this. Instead of an ineffective provision, an effective provision is deemed to have been agreed that comes closest to the economic purpose of the ineffective provision.

Right of withdrawal

Instructions on the right of withdrawal for distance contracts

(1) Right of withdrawal

Air Classis

A. Ruppert

Ringstrasse 7

65439 Flörsheim

info@air-classics.net

MR model making

M. Ruppert

Ringstrasse 7

65439 Flörsheim

info@mr-modellbau.com

(2) Consequences of cancellation

In the event of an effective cancellation, the mutually received services are to be returned and any benefits drawn are to be surrendered. If you cannot return the services received to us in whole or in part, or if you can only return them in a deteriorated condition, you may have to compensate us for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as it would have been possible for you in a shop, for example. Incidentally, you can avoid the obligation to pay compensation by not using the item as if you were your own property and by refraining from anything that could impair its value. Transportable items are to be sent back. You have to bear the costs of the return if the goods delivered correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of € 40.00 or if you have not received the consideration at the time of cancellation or if the price of the goods is higher have made a contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as a parcel will be picked up from you. You must be obliged to reimburse payments within

30 days after sending your declaration of cancellation.

(3) Special notes

End of revocation