(1) FRANK's offers are non-binding. A contract is only concluded by the written order confirmation from FRANK or the actual provision of services by FRANK. An order confirmation resulting from an internet purchase is NOT considered an order confirmation. This only comes about through a written order confirmation from a FRANK employee. The content of the order is determined exclusively by the order confirmation and these delivery conditions. Verbal agreements or promises require written confirmation by FRANK to be effective. (2) FRANK's sales representatives are not permitted to make any legal declarations on behalf of FRANK. (3) FRANK reserves all rights to drawings, samples, cost estimates and other documents. They may not be made accessible to third parties.

(1) Deliveries, delivery dates and delivery periods are only binding if they have been confirmed in writing by FRANK and the customer has provided FRANK with all information and documents required to carry out the delivery in a timely manner and has paid any agreed down payments as agreed. Agreed periods begin on the date of the order confirmation. In the case of additional or extended orders placed later, the periods are extended accordingly. The delivery period is met if the delivery item has left the factory or the customer has been informed that it is ready for dispatch by the deadline. (2) Unforeseeable, unavoidable events that are outside of FRANK's sphere of influence and for which FRANK is not responsible, such as force majeure, war, natural disasters, official orders or industrial disputes, release FRANK from the obligation to deliver or provide the service on time for the duration of the event. Agreed periods are extended by the duration of the disruption; the buyer will be informed of the occurrence of the disruption in an appropriate manner. If the end of the disruption is not foreseeable or if it lasts longer than three months, each party is entitled to withdraw from the contract. (3) If FRANK's deliveries are delayed, the buyer is only entitled to withdraw if FRANK is responsible for the delay and a reasonable deadline set by the buyer for delivery has expired without success. (4) FRANK can make partial deliveries for justified reasons and invoice the partial services already provided. (5) The risk passes to the buyer when the delivery item is handed over to the transport company or the customer himself. If the handover or dispatch is delayed for reasons for which the customer is responsible, the risk passes to the customer on the day on which the delivery item is notified that it is ready for dispatch.

(1) If the contracting parties have not agreed on a specific price, the price shall be determined according to FRANK's price list valid at the time the contract is concluded. (2) All FRANK prices are exclusive of the respective statutory sales tax, any customs duties and packaging and shipping costs, which are calculated separately. (3) Bills of exchange will only be accepted for performance following a special agreement and free of charge and expenses for FRANK. (4) The customer is only entitled to offset if his counterclaim is undisputed or has been legally established. (5) The customer is only entitled to assert a right of retention if his counterclaim is based on the same contract, is undisputed or has been legally established. (6) In the case of a delivery abroad, FRANK is entitled to demand that the customer provide an unlimited, personal guarantee from Deutsche Bank AG or another major European bank in the amount of the order value of the goods for the purpose of securing his payment claims.

(1) The customer is obliged to accept the delivery item manufactured in accordance with the contract. If the customer does not accept the delivery item immediately after he has become aware of the readiness to perform or has been requested to accept it, FRANK can set the customer a reasonable deadline for acceptance. If the customer does not accept the delivery item within this deadline, acceptance is deemed to have taken place. (2) FRANK guarantees that the delivery item has the agreed quality at the time of transfer of risk; this is determined exclusively by the specific agreements made in writing between the parties regarding the properties, features and performance characteristics of the delivery item. (3) Information in catalogues, price lists and other information material provided to the customer by FRANK are not to be understood as guarantees for a particular quality of the services. The assumption of a guarantee must be agreed in writing. (4) The customer assumes an obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB) with regard to all deliveries and services from FRANK. Section 377 of the German Commercial Code (HGB) applies analogously when concluding a contract for work and services. After acceptance of the service or transfer of risk of the product, the customer must immediately check the product for its functionality and report any defects found to FRANK in a comprehensible manner in writing and within 10 days at the latest. The customer is obliged to provide FRANK with all information and verifiable documents required to determine the defect. (5) In the event of any complaint of defects, FRANK has the right to inspect and examine the service in question. If a complaint of defects by the customer proves to be unjustified, the customer is obliged to reimburse FRANK for all expenses incurred in this connection - e.g. travel and assembly costs or shipping costs. (6) In the event of a defect, FRANK is entitled, at its discretion, to initially make three attempts to repair the product or to deliver a new product (subsequent performance). If the subsequent performance fails, FRANK seriously and definitively refuses to fulfill the contract or special circumstances exist, the customer retains its rights under Section 437, Nos. 2 and 3 of the German Civil Code after setting a deadline. The deadline must be set in writing; the deadline must be at least 14 working days. If the customer has a statutory right of withdrawal, the obligation to pay compensation in accordance with Section 346 of the German Civil Code (BGB) only lapses if the customer has exercised the care of a conscientious businessman. FRANK's right to subsequent performance only lapses when compensation is paid, even if the customer makes a corresponding request beforehand. (7) FRANK accepts no liability for damage caused by unsuitable or improper use, incorrect assembly, incorrect commissioning, incorrect handling, incorrect installation, natural wear and tear or faulty electromechanical or electrical influences. The warranty obligation also does not extend to defects that are based on improper handling, storage, maintenance, cleaning or the like. FRANK is also not liable for damage that is based on unauthorized changes to the installed software. (8) The limitation period for claims for defects is one year and begins with the acceptance of the service or delivery of the product.

(1) FRANK is liable without limitation for damages - for culpably caused damage to life, limb and health; - for damages caused intentionally or through gross negligence by FRANK or its vicarious agents; - insofar as FRANK has given a guarantee for a particular quality of the delivery item, the ability to procure it or another guarantee and damage arises from the non-fulfillment of such a guarantee; - in accordance with the provisions of the Product Liability Act or any other mandatory statutory liability provisions. (2) FRANK is liable for damages caused by negligence by the buyer, limited to the amount of damages typically foreseeable for the contract for the breach of essential obligations arising from the contractual relationship and insofar as the customer demands damages instead of performance in the event of an insignificant breach of duty or if, in the event of a breach of a duty of protection and care or any other non-performance-related secondary obligation, the performance can no longer be expected of the buyer or if the performance is impossible. (3) Clause 6 shall apply to all claims for damages, regardless of the legal basis, in particular to liability for tort or other delictual claims.

(1) The products delivered remain the property of FRANK until all of FRANK's claims arising from the business relationship with the customer have been paid in full. In the case of an ongoing invoice, the reserved title applies to secure the balance claim to which FRANK is entitled. (2) Processing or transformation always takes place for FRANK as the manufacturer, but without any obligation for it. If FRANK's (co-)ownership expires through combination, it is hereby agreed that the customer's (co-)ownership of the unified item shall pass to FRANK in proportion to its value (invoice value). The customer shall keep FRANK's (co-)ownership free of charge. Products to which FRANK is entitled (co-)ownership are hereinafter referred to as reserved products. (3) The customer is only permitted to sell the reserved products in the ordinary course of business. The customer is not entitled to pledge the reserved products, to transfer them as security or to make any other dispositions that endanger FRANK's ownership. The customer hereby assigns the claim from the resale to FRANK; FRANK accepts this assignment. The customer is revocably authorized to collect the claims assigned to FRANK in trust for FRANK in its own name. FRANK can revoke this authorization and the right to resell if the customer is in default with essential obligations such as payment to FRANK. (4) The customer will provide FRANK with all requested information about the reserved products or about claims that have been assigned to FRANK hereunder at any time. The customer must immediately notify FRANK of any access or claims by third parties to reserved products and hand over the necessary documents. The customer will also inform the third party of FRANK's retention of title. The customer shall bear the costs of defending against such access and claims. (5) If the realizable value of the securities exceeds FRANK's total claims to be secured by more than 10%, the customer is entitled to demand release to this extent.

(1) If the customer sells the delivery items after processing, combining, mixing or blending them with other goods, he shall indemnify FRANK internally from product liability claims by third parties, insofar as he is responsible for the error giving rise to the liability. (2) If the customer specifies how FRANK should manufacture the products to be delivered by means of specific instructions, information, documents, drafts or drawings, the customer shall guarantee that FRANK does not infringe the rights of third parties such as patents, utility models and other protective rights and copyrights. The customer shall indemnify FRANK against all claims by third parties that they may assert against FRANK due to such an infringement.

(1) Changes and additions to the contract and/or these terms of delivery as well as ancillary agreements must be made in writing. This also applies to a change to this written form requirement. (2) If a provision of the contract and/or these terms of sale is completely or partially invalid, the validity of the remaining provisions shall remain unaffected. In this case, the parties undertake to replace the invalid provision with the valid provision that comes closest to the economic purpose of the invalid provision. (3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of FRANK in 57234 Wilnsdorf. The place of performance is the registered office of FRANK. (4) The law of the Federal Republic of Germany applies to all business relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).