General Terms and Conditions of Sale and Delivery

1. Scope of application

Unless otherwise agreed in writing, the following terms and conditions apply exclusively to our deliveries and services. Deviating terms and conditions of purchase shall only apply if we expressly confirm them in writing.

2. Conclusion of the contract, scope of delivery

A contract shall only come into effect upon our written confirmation. This order confirmation shall be decisive for the scope of delivery. Subsequent changes to the design, dimensions, and execution requested by the customer are not included in the scope of services and will be charged separately. Subsidiary agreements and changes require our written confirmation.

3. Pricing

(1) Prices are valid ex works, including loading at the factory, but excluding packaging, unless expressly agreed otherwise.

(2) Unless a fixed price has been agreed, we reserve the right to make reasonable price changes due to changes in labor, material, and distribution costs.

4. Payment

(1) Unless otherwise agreed, payments are due within eight days of delivery and without deduction; the right to complain about defects remains unaffected. If completion or delivery is unduly delayed for reasons for which the customer is responsible, we shall be entitled to charge partial payments in the amount of the services already rendered without the customer’s consent.

(2) From the due date, default interest of 8% above the respective base interest rate shall be charged without the need for a reminder to be issued. We reserve the right to claim higher damages for default.

(3) The withholding of payments or offsetting against any counterclaims not recognized by us or not legally binding is not permitted.

(4) If, after conclusion of the contract, we become aware of circumstances that reduce the creditworthiness of the customer, we shall be entitled to make outstanding deliveries from all contracts with the customer only against advance payment or the provision of appropriate security.

(5) Advance payment shall apply in principle to initial orders from new customers.

5. Delivery

(1) The start of the delivery period is subject to the timely and proper fulfillment of the purchaser’s obligations. We reserve the right to raise the defense of non-performance of the contract.

(2) The delivery period shall be deemed to have been met if the delivery item has left the factory or notification of readiness for shipment has been given by the end of the delivery period. Partial deliveries are permissible.

(3) If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses. We reserve the right to assert further claims. In this case, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer.

(3) If delivery is delayed at the customer’s request, we shall charge the customer for the storage costs incurred by us, but at least 1% of the invoice amount per month or part thereof, from the time the goods are ready for shipment.

(4) In cases of force majeure or other unforeseen events beyond our control, the delivery period shall be extended appropriately if these obstacles demonstrably prevent the completion or delivery of the item. This shall also apply if these circumstances occur at our suppliers.

(5) In the event of a delay in delivery for which we are responsible and which is not due to intent or gross negligence, we shall only be liable if the customer can actually prove damage caused by the delay. In this case, we shall be liable for a lump-sum compensation for delay amounting to 3% of the delivery value per completed week of delay, but not exceeding 15% of the delivery value. Transfer of risk

The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch of the item, at the latest when it leaves our factory. If delivery is delayed for reasons for which the customer is responsible, the risk of accidental loss of the goods shall pass to the customer as soon as the goods are ready for dispatch.

6. Transfer of risk

The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch of the item, at the latest when it leaves our factory. If delivery is delayed for reasons for which the customer is responsible, the risk of accidental loss of the goods shall pass to the customer as soon as the goods are ready for dispatch.

7. Retention of title

(1) We retain title to the delivered goods until full payment has been made under the delivery contract. We are entitled to take back the purchased goods if the customer acts in breach of contract. However, the assertion of retention of title does not constitute withdrawal from the contract.

(2) If the purchased item is sold by the customer to a third party, the customer hereby assigns to us his claim from the sales contract until all payment obligations have been settled. He is not entitled to assign his claims to third parties.

(3) As long as the retention of title exists, the customer may neither pledge the purchased item nor assign it as security.

8. Documents provided

We reserve the property rights and copyrights to all documents provided to the customer in connection with the order, such as cost estimates, design drawings, and parts lists. They may not be made accessible to third parties unless we have given the customer our express written consent to do so.

9. Liability for defects in delivery

(1) The customer must inspect the goods for any defects immediately upon receipt and notify us in writing within 14 days of receipt of the delivery. The purchaser’s right to assert claims for defects shall expire in all cases 6 months after the timely notification of defects, but at the earliest upon expiry of the warranty period.

(2) No warranty shall be assumed for damage arising from the following reasons: Unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, replacement materials, defective construction work, chemical, electrochemical or electrical influences, unless they are attributable to fault on our part. Furthermore, no liability is assumed for mechanical damage. (3) The customer must give us the necessary time to carry out all repair work or replacement deliveries that we deem necessary at our reasonable discretion, otherwise we are released from liability for defects. Only in urgent cases where operational safety is at risk or to prevent disproportionately large damage, in which case we must be notified immediately, or if we are in default with the rectification of the defect, shall the customer be entitled to rectify the defect himself or have it rectified by third parties and to demand reimbursement of the necessary costs from us.

(4) The warranty period for repairs is 3 months, but it shall run at least until the expiry of the original warranty period for the delivery item.

(5) Liability for any damage resulting from improper modifications or maintenance work carried out by the customer or third parties without our prior approval is expressly excluded, as is liability for damage resulting from improper use of the purchased item. Liability is also expressly excluded for damage attributable to the defectiveness of a component supplied by a sub-supplier. (6) If the subsequent performance ultimately fails, the customer may demand a reduction in payment or withdraw from the contract if the defect is so serious that the customer loses interest in the contract. Further claims are expressly excluded, in particular claims for damages of any kind or compensation for futile expenses. Compensation for damage not caused to the delivery item itself, in particular for lost profits or other financial losses, cannot be claimed if we, our legal representatives, or our executive employees are not guilty of intent or gross negligence. The exclusion of claims for damages does not apply in the absence of expressly warranted characteristics or in the case of liability under mandatory statutory liability standards. Liability for damages based on slight negligence is expressly excluded.

(7) Used machines purchased from us are expressly excluded from any warranty claims, unless otherwise agreed in writing.

10. Withdrawal

In the event of unforeseen events that significantly change the economic significance or content of the service or affect our operations, and in the event that the service subsequently proves to be impossible to perform, we shall be entitled to withdraw from the contract to the extent that we are unable to fulfill it. Claims for damages by the customer due to such withdrawal are excluded.

11. Place of jurisdiction, applicable law

Any disputes arising from the contractual relationship shall be brought before the court with jurisdiction over our headquarters. We are also entitled to bring legal action at the purchaser’s headquarters.

The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

12. Severability clause

Should individual provisions of this contract be invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision.

The General Terms and Conditions as a PDF file.