General business terms  

  I. General provisions

  1. All deliveries and services are based on these terms and conditions as well as possible separate contractual agreements. Different purchasing conditions of the purchaser do not even become contract content through the acceptance of the order. Unless otherwise agreed, a contract is formed with the supplier's order confirmation in writing.
  2. Our offers are non-binding. Verbal agreements, promises, assurances and guarantees provided by our staff only become binding upon confirmation in writing.
  3. All the information provided such as dimensions, weights, depictions, descriptions, drawings and sketches as well as catalogue information and price lists in our illustrations, brochures and catalogues, advertisements, also in electronic form, have been compiled to the best of our knowledge, are merely non-binding information about the material, quality, attributes or suitability, and do not become an integral part of the contract, promised feature or warranty content in any case. We are unable to accept any liability for errors. The supplier is also reserved the right to include changes and further developments.
  4. Drawings and technical documents remain our property.

II. Price and payment

  1. Unless otherwise agreed, prices are ex works, including the loading at the factory, but excluding the packaging and unloading. Sales tax will be added to the prices at the respective statutory rate.
  2. The purchaser is only due a right to withhold payments or set them off against counterclaims insofar as its counterclaims are undisputed or determined without further legal recourse.
  3. Our minimum invoice value amounts to 30€.  If no special agreements are made, our Invoice is payable within 14 days of Date with 2% discount or 30 days net.
  4. Unless otherwise agreed, our price list prices applicable on the day of contract conclusion apply, plus statutory sales tax.

III. Delivery period, delivery delay

  1. The delivery period is based on the agreements between the contacting parties. The supplier's compliance with it requires clarification of all commercial and technical questions between the contracting parties and the purchaser's fulfilment of all its obligations, such as the procurement of the required official certifications or permits or the payment of an advance, for example. If this is not the case, the delivery period will be extended correspondingly.
  2. Compliance with the delivery deadline is subject to the proviso of correct and timely self-delivery.
  3. The deadline is kept if the delivered item has left the supplier's plant or its readiness for shipping has been announced by its expiry. 
  4. If the non-compliance with the delivery period is attributable to force majeure, industrial action or other events outside the supplier's sphere of influence, the delivery period will be extended accordingly. The supplier will inform the purchaser of the start and end of such circumstances as soon as possible.
  5. Frame orders- See separate document (framework agreement).

IV. Transfer of risk, acceptance

  1. The risk passes to the purchaser as soon as the delivered item has left the factory, also in the case of partial deliveries or where the supplier has taken on other services such as the shipping costs, or the delivery and installation, for example. The purchaser may not refuse acceptance based on an immaterial defect.
  2. If the shipment is delayed or not taking place as a consequence of circumstances that are not attributable to the supplier, the risk passes to the purchaser from the day of the readiness for shipment being announced. The supplier undertakes to take out the insurances requested by the purchaser at the purchaser's expense.
  3. Partial deliveries are permitted insofar as reasonable for the purchaser.

V. Reservation of ownership

  1. The supplier reserves ownership of the delivered item until the receipt of all payments from the delivery contract.
  2. The supplier is entitled to insure the delivered items against theft, breakage, fire, water and other damage at the purchaser's expense insofar as the purchaser has not demonstrably taken out the insurances itself.
  3. The purchaser may neither sell, pledge nor collateralize the delivered item. It needs to inform the supplier immediately of any attachment, seizure or other third-party dispositions.
  4. If the purchaser acts in breach of contract, especially in the event of default, the supplier is entitled to take the delivered item back after giving notice, and the purchaser to surrender it.
  5. An application to institute insolvency proceedings entitles the supplier to withdraw from the contract and demand the immediate return of the delivered item.

VI. Claims for defects

For material defects and defects of title of the delivery, the supplier warrants the following, under exclusion of further claims and subject to section VII.:

Material defects: 

  1. All parts turning out to be defective as a consequence of circumstances preceding the transfer of risk need to be improved or replaced for free at the supplier's option. The discovery of such defects needs to be reported to the supplier immediately in writing. Replaced parts become the property of the supplier.
  2. Upon consultation with the supplier, the purchaser is required to provide the time and opportunity required to perform all the repairs and replacement deliveries deemed necessary by the supplier, with the supplier released from liability for the consequences arising from this otherwise. 
  3. Of the costs arising for the improvement and/or replacement delivery, the supplier covers – insofar as the complaint turns out to be justified – the costs of the replacement part including shipment as well as reasonable removal and installation costs and, where this can be justifiably demanded in the individual case, the costs for a possible required provision of its fitters and auxiliary staff.
  4. The purchaser is entitled to withdraw from the contract in keeping with the statutory provisions if the supplier – taking the statutory exemptions into account – allows a reasonable period to elapse fruitlessly that has been set for it for the subsequent improvement or replacement delivery owed to a quality defect. If the defect provided is merely minor, the purchaser is only entitled to reduce the contract price. The right to reduction of the contract price remains excluded in all other respects. Further claims derive from section VII. 2. of these terms and conditions.
  5. The warranty does not cover the following cases in particular: Inappropriate or incorrect use, faulty assembly and/or start-up by the purchaser or third parties, natural wear and tear, incorrect or negligent treatment, improper maintenance, unsuitable operating materials, deficient construction work, unsuitable building ground, chemical, electrochemical or electrical influencing factors – insofar as the supplier is not answerable for them.
  6. If the purchaser or a third party makes inappropriate improvements, the supplier will not be liable for the consequences arising from this.

The same applies to modifications of the delivered item performed without the supplier's previous approval.

VII. Liability

All claims of the costumer- regardless the legal ground - become time-barred after 12 Month

 VIII. Applicable law, place of jurisdiction

  1. The place of jurisdiction is the competent court for the supplier's principal place of business if the purchaser is a merchant, legal entity under public law or special fund under public law. The statutory provisions for the place of jurisdiction remain applicable in all other cases.

The supplier is entitled to file suits at the purchaser's principal place of business, however.

Status: 01.01.2021