General Terms and Conditions

1. Conclusion of contract
1.1 Contracts shall only become effective once we have expressly confirmed them in writing. Deviations from these terms and conditions, side agreements, assurances, additions or amendments to this contract shall only be effective if confirmed by us in writing.
1.2 Any purchasing conditions of the customer that conflict with these terms and conditions shall not be binding on us, even if the customer intended to base the order on them and we have not expressly objected to their content.
2. Scope of delivery obligation
2.1 The designations and specifications determined at the time of conclusion of the contract represent the technical status at that time.
2.2 We expressly reserve the right to make design changes, provided that these changes are not of a fundamental nature and the contractual purpose is not significantly restricted.
3. Prices
3.1 All prices quoted are net prices. Value added tax shall be charged additionally at the statutory rate applicable at the time.
3.2 Our prices apply ex works, location or warehouse. They do not include packaging, freight, postage, insurance or expenses. Packaging shall be charged at cost price and will not be taken back unless the supplier is obliged to do so due to mandatory statutory provisions.
4. Terms of payment
4.1 Prices shall be charged in euros. Payments shall be made without any deduction, according to the following terms of payment: 50% of the order amount plus VAT – upon receipt of the order confirmation 30% of the order amount plus VAT – upon notification of readiness for dispatch.        Before delivery of the ordered goods. 20% of the order amount plus VAT – 14 days after delivery of the ordered goods
4.2 Bills of exchange shall only be accepted by express agreement. The costs of discounting and collection shall be borne by the customer.
4.3 If the customer defaults on payment, they shall owe interest as default damages at the rate charged by commercial banks for overdraft loans.
4.4 If the customer fails to meet their payment obligations, in particular if they do not honour a cheque or bill of exchange, suspend payments, or if we become aware of other circumstances that call the customer’s creditworthiness into question, we shall be entitled to make the entire outstanding residual debt due, even if we have accepted bills of exchange or cheques. In this case, we shall also be entitled to demand advance payments or security deposits with regard to all other contracts and, after setting a reasonable grace period, to withdraw from these contracts or claim damages for non-performance.
4.5 The customer shall only be entitled to retention or set-off if the counterclaim is undisputed or has been legally established.
5. Delivery periods
5.1 Delivery shall only be owed once agreement has been reached on all technical details of execution. Compliance with delivery periods requires fulfilment of the customer’s contractual obligations, including ancillary obligations.
5.2 Circumstances for which we are not responsible shall extend the delivery periods appropriately, even if they occur during any existing delay in delivery.
5.3 The duration of the grace period to be set by the buyer is fixed at one month. Extended liability pursuant to Section 287 BGB is excluded.
6. Transfer of risk
6.1 The risk shall pass to the customer upon dispatch of the ordered goods, even if carriage-free delivery has been agreed. If dispatch is delayed due to the customer’s fault, the risk shall pass to the customer at the time we notify readiness for dispatch.
6.2 We are entitled to take out insurance against transport damage at the customer’s expense.
7. Warranty
7.1 For any manufacturing and material defects, we shall be liable in such a way that those parts which become defective within six months from the delivery date shall be repaired free of charge or, at our discretion, replaced. If a machine is used in multi-shift operation in the business of a merchant, warranty claims shall become statute-barred after three months.
7.2 Obvious manufacturing and material defects must be reported to us immediately, but no later than within one week after receipt of the delivered item. Defects that cannot be discovered within this period even with careful inspection must be reported to us in writing immediately after discovery.
7.3 If several attempts at rectification or replacement deliveries fail, the customer may, at their discretion, demand a reduction in remuneration or rescission of the contract; however, this shall only apply if the customer is not a merchant.
7.4 Warranty claims are not assignable.
7.5 The above provisions do not apply to used machines; these are delivered with any warranty excluded.
8. Liability
8.1 Claims for damages due to impossibility of performance, non-performance, positive breach of contract, culpa in contrahendo or tort are excluded both against us and against our vicarious agents, unless the damage was caused intentionally or through gross negligence. If the customer is a merchant, the aforementioned claims for damages shall only exist in cases of intent, not gross negligence.
9. Retention of title
9.1 All goods delivered by us shall remain our property until all our claims against the customer have been settled in full. If several items have been delivered, retention of title to a specific item shall not lapse even if the customer states a specific intended purpose when making payment, as long as other claims remain outstanding.
9.2 If the value of the securities existing for us exceeds our total claims by more than 25%, we shall be obliged, at the customer’s request, to release securities in the amount of the excess value.
9.3 The customer shall only be authorised to sell goods subject to our retention of title with our written consent. However, if they sell the goods delivered by us as a reseller, they hereby already assign to us, until all our claims arising from the mutual business relationship have been fully settled, the claims arising from the sale against their customers together with all ancillary rights, including securities.
9.4 Pledging or transfer of ownership by way of security is not permitted. In the event of seizure by third parties, the customer is obliged to notify us in writing immediately, but no later than within three days.
9.5 The assertion of retention of title and seizure of the delivered item by us shall not be deemed withdrawal from the contract unless the law concerning instalment transactions applies.
10. Damages against the customer
10.1 If the customer does not accept the delivered item, they shall owe damages amounting to 20% of the agreed purchase price; however, we shall be entitled to prove higher damage in individual cases. The customer remains entitled to prove that significantly lower or no damage has occurred.
11. Special conditions for delivery and installation
11.1 All construction work must be completed before the start of installation to such an extent that installation can begin immediately after delivery and can be completed without interruption. The substructure must be completely dry and set. The rooms in which installation takes place must be adequately protected against weather influences, well lit and heated.
11.2 The customer shall provide a dry, lightable and lockable room for storing machine parts, materials and tools.
11.3 Unloading the lorries and transporting the items from the lorry to the installation site shall be the customer’s responsibility. In addition, the customer shall provide at their own expense: auxiliary machinery and skilled workers as well as the equipment and consumables required for installation and commissioning.
11.4 The customer shall bear the risk of transporting supplied parts brought along.
12. Violation of VAT regulations
12.1 The customer shall compensate the supplier for any damage incurred by the supplier because the customer fails to comply with VAT regulations, e.g. incorrect VAT identification number.
13. General provisions
13.1 The contract language is German. German law only shall apply, in particular for foreign transactions; the uniform UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
13.2 The place of performance for all obligations arising from the contractual relationship is Kraichtal.
13.3 The place of jurisdiction for all disputes arising from this contract is Bruchsal if the customer is a registered merchant, a legal entity under public law or a special fund under public law. The supplier shall also be entitled to bring action at the customer’s registered office.
13.4 Should one or more of the above provisions be invalid or void, the validity of the remaining provisions shall not be affected.