§ 1 · General
1. Our offer is addressed exclusively to commercial customers from industry, trade, crafts, the liberal professions, public institutions and the like. The following conditions apply to all contracts, deliveries and services between PENKO GmbH and its commercial customers.
2. Only our terms of business, delivery and payment shall apply. Deviating terms of the orderer or business partner require our written approval.
3. We reserve the right to make technical changes in the sense of technical progress.
4. Supplementary provisions apply to licence agreements. These can be requested from us free of charge.
§ 2 · Placing of orders
Orders are generally to be placed in writing. In the case of a merely verbal order, transmission errors and any misunderstandings shall be borne by the orderer.
§ 3 · Delivery
Delivery is at the orderer's expense. If the orderer identifies damage to the packaging, this must be certified by the carrier. Transport damage that only becomes apparent after the goods have been opened must be reported to PENKO GmbH in writing within 3 days of receipt.
§ 4 · Terms of payment
All invoices are due for payment immediately without deduction and, unless otherwise agreed, are to be settled within 30 days of receipt of the invoice. If the customer is in default of payment, PENKO GmbH is entitled to charge pro rata default interest of 9 percentage points above the base rate per year; the assertion of further interest and default damages remains unaffected.
§ 5 · Retention of title
1. PENKO GmbH retains title to the delivered goods until all claims arising from the delivery contract have been paid in full. If the orderer is in default of payment, PENKO GmbH is entitled to take back the goods subject to retention of title after a reminder, and the orderer is obliged to surrender them.
2. If the goods subject to retention of title are processed by the orderer into a new movable item, the processing is always carried out for PENKO GmbH without any obligation arising for it; the new item becomes the property of PENKO GmbH.
3. For as long as title has not passed to him, the orderer is obliged to treat the purchased item with care and to notify PENKO GmbH immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not able to reimburse us for the judicial and extrajudicial costs of an action pursuant to section 771 of the German Code of Civil Procedure (ZPO), the orderer shall be liable for the loss incurred by us.
4. The orderer is entitled to resell the goods subject to retention of title in the ordinary course of business. The orderer hereby assigns to PENKO GmbH the claims against the buyer arising from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with PENKO GmbH (including value added tax). This assignment applies regardless of whether the purchased item has been resold with or without processing. The orderer remains authorised to collect the claim even after the assignment. PENKO GmbH will not make use of its right to collect the claim itself as long as the orderer meets his payment obligations, including towards third parties, is not in default of payment and, in particular, as long as no application has been made to open insolvency proceedings and no suspension of payments has occurred. At the request of PENKO GmbH, the orderer must name the debtors of the assigned claims and notify them of the assignment; PENKO GmbH is authorised to notify the debtors of the assignment itself.
5. Upon suspension of payments, application for or opening of insolvency or of judicial or extrajudicial composition proceedings, the right to resell and to process the goods subject to retention of title, and the authorisation to collect the assigned claims, shall lapse.
§ 6 · Warranty
PENKO GmbH warrants that at the time of delivery the goods are free from material and manufacturing defects. After delivery, PENKO GmbH accepts no liability if the goods are further finished by the customer after receipt.
Complaints regarding deliveries or invoicing can only be asserted in writing to PENKO GmbH within 7 days of receipt.
§ 7 · Rights
All rights to our goods lie exclusively with PENKO GmbH.
§ 8 · Place of performance / jurisdiction / applicable law
The place of performance and jurisdiction, including for actions on bills of exchange and cheques, is 65527 Niedernhausen, Germany.
In international business, the contracts are governed by German law. Insofar as the Convention on the International Sale of Goods (CISG), as adopted into German law, would apply to customers abroad, its application is excluded.
§ 9 · Data protection
Your data is securely protected with us. All personal data is of course treated confidentially. Data required for the processing of business is stored and processed in accordance with the General Data Protection Regulation. You will find all the information on this under privacy policy on our website.
As at: October 2026 · This is a translation for convenience; the German version is authoritative.