Terms & Conditions

1. Acceptance of the conditions of sale

The following terms of delivery shall apply as long as no other agreements deviating from these terms have been confirmed by us in writing. Our terms and conditions of delivery shall take precedence over any existing terms and conditions of purchase of the customer. Should the customer wish to make the conclusion of the contract in accordance with our terms and conditions of delivery dependent on the validity of his terms and conditions of purchase, he must expressly express this fact in writing upon receipt of our order confirmation, without reference to any printed terms and conditions; we then reserve the right to comment. Otherwise, deviating terms and conditions of the customer are expressly rejected.

2. Offer

Offers are submitted free of charge and without obligation. The documents belonging to the offer, such as illustrations, performance, weight and dimensional data, are only approximate unless they are expressly designated as binding. We reserve the right of ownership and copyright to cost estimates, drawings and other documents; they may not be made accessible to third parties. We undertake to make plans designated as confidential by the customer accessible to third parties only with the customer's consent.
Construction, foundation and arrangement drawings shall only be deemed to be dimensional data, without us being liable for strength, static calculation or structural suitability.
Only our written confirmation is valid for order acceptance. We reserve the right to carry out credit checks.

3. Scope of delivery

Only our written confirmation shall apply to the scope of delivery; deviations must be confirmed by us in writing. We shall not be liable for damage or incorrect delivery due to incorrect information provided by the customer. Additional agreements and changes require our written confirmation.
Dimensions, weights, illustrations and drawings are only binding for the execution if this is expressly confirmed in writing.

4. Prices and payment

Our deliveries are always invoiced on the basis of the prices valid on the day of delivery.
The prices include loading, but exclude packaging; value added tax at the applicable statutory rate is added to the prices.
Invoices are payable net cash within 30 days of the invoice date or within 8 days of the invoice date with a 2% discount on the net value of the goods, plus VAT, excluding cash expenses such as calibration fees, freight, postage, packaging, etc., free to our paying agent. Repair and spare parts deliveries are payable net cash without discount immediately after receipt of invoice. For large systems and orders, we reserve the right to the following method of payment: 1/3 net upon receipt of the order confirmation; 1/3 net upon readiness for shipment; 1/3 net within 30 days of delivery.
If the payment deadlines are exceeded, annual interest of 2% above the officially recognized bank discount rate, but at least 6%, will be charged without the need for a notice of default.
The retention of payments or offsetting due to any counterclaims of the customer disputed by us are not permitted.
We reserve the right to assign claims arising from deliveries of goods to third parties.

5. Delivery time

The delivery period is to be regarded as approximate only; it begins with the dispatch of the order confirmation, but not before any documents, approvals, releases to be procured by the customer have been provided
The delivery period shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires.
The delivery period shall be extended appropriately in the event of industrial disputes - in particular strikes and lockouts - and in the event of unforeseen events beyond our control - regardless of whether they occur in our factory or at subcontractors - e.g. operational disruptions, rejects, delays in the delivery of essential raw and auxiliary materials, insofar as such obstacles demonstrably have a considerable influence on the production or delivery of the delivery item. We shall also not be responsible for the aforementioned circumstances if they occur during an already existing delay. In important cases, the customer shall be informed as soon as possible of the beginning and end of such hindrances.
If the customer suffers damage due to a delay caused by our fault, he shall be entitled, to the exclusion of further claims, to demand compensation for delay from this point in time after written notice of default and a subsequent delivery period of 2 weeks. This shall amount to ½% for each week of delay. in total, however, no more than 5% of the value of that part of the total delivery which cannot be used on time or in accordance with the contract as a result of the delay.
If dispatch is delayed at the request of the customer, he shall be charged the costs incurred for storage at our works, starting one month after notification of readiness for dispatch, but at least 12% of the invoice amount for each month. However, we shall be entitled to dispose of the delivery item in another way and to supply the customer within a reasonably extended period of time after the statute and fruitless expiry of a reasonable period of time.
Compliance with the delivery period presupposes the fulfillment of the customer's contractual obligations.

6. Transfer of risk and acceptance

The risk shall pass to the customer at the latest when the delivery parts are loaded at our factory, even if partial deliveries are made or we have assumed other services, e.g. shipping costs or transportation and installation. At the customer's request and expense, we shall insure the shipment against theft, breakage, transportation, fire and water damage and other insurable risks.
When selecting the type of shipment and packaging, we shall take into account the customer's wishes to the best of our judgment. We must reject subsequent complaints.
Delivered items must be accepted by the customer, even if they have minor defects, without prejudice to the rights under Section 8.
If dispatch is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer from the day on which the goods are ready for dispatch; however, we shall be obliged, at the customer's request and expense, to take out any insurance requested by the customer.
Partial deliveries are permitted.

7. Retention of title

The goods delivered by us shall remain our property until payment of the purchase price and all our other claims against the buyer, including those arising in the future. This ownership shall also not expire through processing or transformation of the goods delivered by us. Acquisition of ownership by the purchaser is excluded until payment has been made; rather, the processing or transformation is carried out for us: our property is taken into safekeeping for us. In the event of processing or transformation with other items not belonging to the customer, we shall acquire co-ownership of the new item through processing in the ratio of the value of our reserved goods to the value of the other processed items.
If the purchaser sells the reserved goods, regardless of whether the reserved goods are processed or transformed or combined with other objects or with real estate or ships, the purchaser's claims from the resale, including all ancillary rights, are hereby assigned to us in the amount of the value of the reserved goods sold in each case as long as the purchase price has not been paid in full or in part. The assigned claim serves as our security only in the amount of the value of the reserved goods sold in each case as long as a claim from the delivery contract still exists. Insofar as our claims have been settled, we undertake to reassign them. The customer retains the right to collect the claim as long as he fulfills his payment obligations to us.
We are entitled to insure the delivery item that has not been paid for in full against theft, fire, water and other damage at the customer's expense, unless the customer has provided us with proof of insurance cover.
The customer may neither pledge the delivery item nor assign it as security. We must be informed immediately in the event of seizure, confiscation or other dispositions by third parties.
If the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the goods after issuing a reminder and the customer shall be obliged to surrender them. The assertion of the retention of title and the seizure of the delivery item by us shall not be deemed a withdrawal from the contract, unless the Instalment Purchase Act applies.

8. Liability for defects and delivery

We shall be liable for defects in the delivery, including the absence of expressly warranted characteristics, to the exclusion of further claims, notwithstanding Section IX, 4 as follows:

All those parts which prove to be unusable or significantly impaired in their usability within 6 months (in the case of multi-shift operation within 3 months) of commissioning as a result of a circumstance prior to the transfer of risk - in particular due to faulty design, poor materials or defective workmanship - shall be repaired or replaced free of charge at our reasonable discretion or at the discretion of our contract workshops or other persons commissioned by us. The discovery of such defects must be reported to us immediately in writing. Replaced parts shall become our property. If shipment, installation or commissioning is delayed through no fault of our own, liability shall expire no later than 12 months after the transfer of risk. Excluded from the obligation to pay compensation are Damage to glass and paint; furthermore, parts not manufactured by us such as meters, motors, switches, hoses, seals, pumps, etc., for which we only assume the warranty actually provided by the manufacturers of these items. Our liability for these third-party products is limited to the assignment of the liability claims to which we are entitled against the supplier of the third-party product.
The purchaser's right to assert claims arising from defects shall in all cases become time-barred 6 months after the date of timely complaint, calculated from the date of delivery, but at the earliest upon expiry of the warranty period.
No liability is accepted for damage resulting from the following causes: Non-observance of the operating instructions, unsuitable or improper use or storage, incorrect assembly or commissioning by the purchaser or third parties, natural wear and tear, incorrect or negligent handling The warranty does not cover the following: failure to observe the operating instructions, unsuitable or improper use or storage, incorrect assembly or commissioning by the purchaser or third parties, natural wear and tear, incorrect or negligent handling - in particular excessive strain - unsuitable operating materials, replacement materials, chemical, electrochemical or electrical influences, incorrect, erroneous or inadequate information about the intended operating conditions such as medium, contamination of the medium, temperature, pressure, etc., unless they are attributable to our fault; defective construction work, unsuitable building ground. A warranty can also not be accepted if essential parts have been provided by the buyer himself. The same applies to damage resulting from the interaction with unsuitable products provided by the purchaser.
The purchaser must give us the necessary time and opportunity to carry out all repairs and replacement deliveries that we deem necessary at our reasonable discretion, otherwise we shall be released from liability for defects. Only in urgent cases of danger to operational safety and 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 purchaser have the right to rectify the defect himself or have it rectified by a third party and to demand reimbursement of the necessary costs from us.
Of the direct costs arising from the repairs or replacement delivery, we shall bear - insofar as the complaint proves to be justified - the costs of the replacement part including shipping as well as the reasonable costs of removal and installation in relation to the value of the delivery item, and, if this can be reasonably demanded in the individual case, the costs of any necessary provision of our fitters and assistants. Otherwise, the customer shall bear the costs.
The warranty period for the replacement part and the repair shall be three months, but shall run at least until the expiry of the original warranty period for the delivery item. The period for liability for defects in the delivery item shall be extended by the duration of the interruption of operations caused by the repair work.
We may refuse to remedy defects as long as the customer does not fulfill his obligations. The existence of defects shall not entitle the customer to rescind the contract, reduce the purchase price or exercise a right of retention.
Any modifications or repair work carried out improperly by the customer or third parties without our prior approval shall invalidate any liability for the resulting consequences and the warranty obligation shall lapse.
Liability for secondary obligations. Further claims of the customer, in particular a claim for compensation for damage that has not occurred to the delivery item itself, are excluded to the extent permitted by law.
If, through our fault, the delivered item cannot be used by the customer in accordance with the contract as a result of omitted or faulty execution of secondary obligations prior to or after conclusion of the contract - in particular instructions for operation and maintenance of the delivered item - the provisions of sections 8 and 9 shall apply accordingly, to the exclusion of further claims by the customer.

9. The customer's right of withdrawal

The customer may withdraw from the contract if the entire performance becomes definitively impossible for us before the transfer of risk. The same shall apply in the event of our inability to perform. He may also withdraw from the contract if, in the case of an order for similar items, the execution of part of the delivery becomes impossible in terms of quantity and he has a justified interest in rejecting the partial delivery. If this is not the case, the customer may reduce the consideration accordingly.
If there is a delay in performance within the meaning of Section 5 of the Terms and Conditions of Delivery and the customer grants us a reasonable grace period with the express declaration that he will refuse to accept the performance after expiry of this period, and if the grace period is not complied with, the customer shall be entitled to withdraw from the contract.
If the impossibility occurs during the delay in acceptance or through the fault of the customer, the latter shall remain obliged to provide consideration.
Der Besteller hat ferner ein Rücktrittsrecht, wenn wir eine uns gestellte angemessene Nachfrist für die Behebung oder Besserung eines von uns zu vertretenden Mangels im Sinne der Lieferbedingungen durch unser Verschulden fruchtlos verstreichen lassen. Das Rücktrittsrecht des Bestellers besteht auch bei Unmöglichkeit oder Unvermögen der Ausbesserung oder Ersatzlieferung durch uns. Die angemessene Nachfrist beginnt nicht eher, als bis der Mangel nachgewiesen oder von uns anerkannt ist.
To the extent permitted by law, any other further claims of the customer, in particular for rescission, termination or reduction as well as for compensation for damages of any kind, including such damages that have not occurred to the delivery item itself, are excluded.

10. Right of the supplier to withdraw

In the event of unforeseen events within the meaning of Section 5 of the Terms and Conditions of Delivery, insofar as they significantly change the economic significance or the content of the service or have a significant impact on our operations and in the event of subsequent impossibility of performance, the contract shall be adjusted accordingly. If this is not economically justifiable, we shall be entitled to withdraw from the contract in whole or in part. The customer shall not be entitled to claim damages due to such a withdrawal. If we wish to make use of the right of withdrawal, we must inform the customer of this after recognizing the consequences of the event if an extension of the delivery period was initially agreed with the customer.
If, after confirmation of an order, we become aware that the customer is in an unfavorable financial situation, we may make delivery dependent on the prior provision of security. If no security or similar is provided, we are entitled to withdraw from the contract and the customer must reimburse the expenses incurred by us up to that point.

11. Liabilities of the contract

The contract shall remain binding even if individual points of its terms and conditions are invalid. The above terms of delivery shall apply to all transactions concluded.

12. Place of jurisdiction and place of performance

The place of performance for both parties is Regensburg. The place of jurisdiction for all disputes arising from the contractual relationship shall be the Regensburg Local Court, irrespective of the amount in dispute. We reserve the right to bring an action at the customer's headquarters. At the same time, these terms and conditions are hereby expressly recognized as an integral part of the contract. This agreement shall also apply in particular in the event that the customer has no general place of jurisdiction in Germany and that the customer moves his domicile or usual place of residence outside the area of application of the German Code of Civil Procedure after conclusion of the contract or that his domicile or usual place of residence is not known at the time the action is brought and in the event that claims are asserted by way of dunning proceedings.

Status May 2024