Terms and Conditions

As of 28 November 2019

I. General information

  1. All deliveries and services are subject to these terms and conditions and any separate contractual agreements. Any purchasing terms and conditions of the customer that deviate from these terms and conditions shall not become part of the contract, even if the order is accepted. 

II. Quotations/order confirmation

  1. Offers are subject to change without notice. Any documents provided with the offer, such as catalogues, brochures, illustrations, drawings, etc., contain only approximate information and descriptions.
  2. A contract is concluded upon written confirmation of the order by the supplier. Changes or subsidiary agreements must be made in writing. Technical changes must remain reserved, especially in the case of custom-made products, insofar as they are reasonable for the customer.
  3. The supplier reserves ownership rights and copyrights to offers, cost estimates, drawings, samples or similar information, including in electronic form. They may not be made accessible to third parties. The supplier undertakes to the purchaser to only make information and documents marked as confidential accessible to third parties with the purchaser’s consent.

III. Price and payment

  1. Unless otherwise specified in section 2 below, all prices are ex works, excluding packaging and unloading, plus the applicable statutory value added tax.
  2. For orders whose execution exceeds a period of four months, we reserve the right to adjust the price to reflect changed circumstances. Changes made at the request of the customer after order confirmation – in particular for custom-made products – will be charged by the supplier at the currently valid rates.
  3. Unless otherwise agreed, payments are to be made within 14 days net – from the invoice date in each case.
  4. In the absence of special agreements, the supplier is entitled to charge 40% after the order has been placed, 50% after notification of readiness for dispatch and 10% after acceptance by the customer, but no later than 14 days after delivery, for special systems, machines and other equipment with a net order value of EUR 25,000 or more.
  5. The customer shall only be entitled to withhold payments or offset them against counterclaims insofar as his counterclaims are undisputed or have been legally established.

IV. Delivery and transfer of risk

  1. The specification of a delivery time marked with the addition ‘approx.’ is non-binding. A binding delivery period is only agreed if this is expressly confirmed as such by the supplier. The delivery period shall commence on the date of the supplier’s order confirmation, but no earlier than the date on which the supplier has received the order, clarified in full, particularly in technical terms, including all items/documents necessary for execution, and any agreed down payment has been received by the supplier. If the customer requests changes to the order after the supplier has confirmed the order, the delivery period shall be extended appropriately if the supplier agrees to the requested change.
  2. The delivery period shall be deemed to have been met if the delivery item is dispatched to the customer within the specified period or notification of readiness for dispatch has been given.
  3. If dispatch or acceptance of the delivery item is delayed for reasons for which the customer is responsible, the customer shall be charged for the costs incurred as a result of the delay, beginning one month after notification of readiness for dispatch.
  4. If non-compliance with the delivery time is due to force majeure, industrial disputes, in particular strikes and lockouts, or the occurrence of unforeseen obstacles beyond the supplier’s control, the delivery time shall be extended accordingly. The supplier shall inform the customer of the beginning and expected end of such circumstances as soon as possible.
  5. The risk shall pass to the customer when the delivery item has left the factory, even if partial deliveries are made or the supplier has assumed other services, e.g. shipping costs or delivery and installation. If, at the customer’s request, shipment or delivery is delayed or if the customer is in default of acceptance, the risk shall pass to the customer on the day of notification of readiness for shipment.
  6. Partial deliveries are permissible insofar as they are reasonable for the customer.
  7. Assembly work is only included in the scope of services provided by the supplier if expressly agreed separately. The separate assembly conditions apply in this case. Unless otherwise agreed in individual cases (e.g. a fixed price), assembly work shall be charged at the supplier’s rates.
  8. The return of goods is not permitted unless the customer has a statutory or contractual right of return. Exceptions require prior consent in individual cases and an agreement on the supplier’s return conditions.

V. Retention of title

  1. The delivery item remains the property of the supplier until all claims arising from the business relationship have been paid in full. Resale of the delivery item to third parties requires the express consent of the supplier. In the event of resale, the customer hereby assigns his claims to the supplier.
  2. The customer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must notify the supplier immediately.
  3. In the event of conduct by the customer in breach of contract, in particular default in payment, the supplier shall be entitled to take back the goods after issuing a reminder and the customer shall be obliged to surrender them. The assertion of retention of title and the seizure of the delivery item by the supplier shall not be deemed a withdrawal from the contract.

VI. Warranty

  1. The customer shall be responsible for the accuracy and completeness of any documents/templates provided to the supplier for the execution of the order, the dimensions and other information communicated, and any supplies provided by the customer (including data carriers). Any errors/mistakes on the part of the customer in this regard shall not constitute grounds for a defect in the supplier’s performance. The supplier shall have no obligation to check this.
  2. All parts that prove to be defective as a result of circumstances prior to the transfer of risk shall be repaired or replaced free of charge at the supplier’s discretion. The supplier must be notified in writing immediately of any such defects. Replaced parts shall become the property of the supplier.
  3. The customer shall, after consultation with the supplier, allow the supplier the necessary time and opportunity to carry out all repairs and replacement deliveries deemed necessary by the supplier; otherwise, the supplier shall be released from liability for the consequences arising therefrom. Only in urgent cases, where operational safety is at risk or to prevent disproportionately large damage, in which case the supplier must be notified immediately, shall the customer be entitled to remedy the defect himself or have it remedied by third parties and to demand reimbursement of the necessary expenses from the supplier.
  4. Of the costs incurred by the repair or replacement delivery, the supplier shall bear – insofar as the complaint proves to be justified – the costs of the replacement part, excluding the costs of removal and installation, and, if this can be demanded in the individual case, the costs of any necessary provision of its fitters and assistants.
  5. Within the framework of the statutory provisions, the customer shall only have the right to withdraw from the contract or to reduce the price if the supplier – taking into account the statutory exceptions – allows a reasonable period of time for repair or replacement due to a material defect to elapse without result, or if the repair has finally failed.
  6. Any warranty is subject to the proviso that the delivery item is properly maintained and handled. No warranty is given for unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, chemical, electrochemical or electrical influences, unless the supplier is responsible for them. If the customer or a third party makes improper repairs, the supplier shall not be liable for the consequences thereof.

VII. Liability

  1. Statutory liability for damages resulting from injury to life, limb or health remains unaffected.
    The supplier shall only be liable for other damages insofar as they are based on an intentional or grossly negligent breach of duty by the supplier, its legal representative or its vicarious agents. Further claims are excluded.

VIII. Limitation period

  1. All claims by the customer – regardless of their legal basis – shall become time-barred after 12 months. The statutory periods shall apply in the case of intentional or fraudulent conduct and in the case of claims under the Product Liability Act. They shall also apply to defects in a structure or to delivery items that have been used for a structure in accordance with their normal use and have caused its defectiveness. Further claims are excluded.

IX. Applicable law, place of jurisdiction, final provisions

  1. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

  2. The place of jurisdiction shall be the court responsible for the supplier’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer does not have a general place of jurisdiction in Germany. However, the supplier is entitled to bring legal action at the purchaser’s headquarters.

  3. Should any part of the contract or these general terms and conditions be invalid or unenforceable, this shall not affect the validity of the rest of the contract or these terms and conditions.

    (Valid from 1 October 2006)

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