§1 General Terms / Field of application
(1) Our Terms and conditions are automatically accepted by the customer in all points by placing an order and are valid for all present and future businesses even if not specifically referred to but if received by the customer at least once together with an order confirmation.
(2) Our general terms and conditions are valid for sales as well as for deliveries, contracts, consulting services and all other provided services of LUNUX GmbH. In the following paragraphs the above will be uniformly named sales.
(3) A COMPANY within the meaning of our general terms are natural or juridical persons as well as partnerships having legal capacity, acting in a self-employed or commercial way and with whom a business relation is entered into. A CUSTOMER within the meaning of our general terms are both private people as well as companies.
(4) Divergent, contradicting or complementary general terms of the customer, unless expressly accepted, are not contract binding even if LUNUX
GmbH has been informed of their existence and even if we did not expressly deny them. Other terms divergent from ours need to be agreed upon in writing to be legally valid. This applies as well to an in-writing waiver agreement. Deviations are thus only valid if they are agreed upon by us in writing.
(5) We shall retain the unlimited right of property and use and copyright to images, drawings, calculations, offers and other documents, which may be made accessible to third parties only with the prior consent of LUNUX GmbH. These have to be returned upon request if no business comes into existence. Phrases 1 and 2 respectively apply also to the documents of the customer; however these may be made available to those third parties to whom we have subcontracted deliveries. Each violation of phrases 1 and 2 is punished by a fine of 1000 EUR. We retain the right for any further claims of compensation.