General Terms and Conditions

A. Scope

1. These General Terms and Conditions apply to all transactions carried out by us and to all branches.
   The general terms and conditions also apply to our online offers.
   In the event that different regulations are provided for in the terms and conditions of our contractual partners, these are hereby expressly contradicted.
2. Our terms and conditions also apply to future transactions with a customer, unless other conditions are expressly included.
   The general terms and conditions also apply to any subsequent contracts or additional agreements, such as maintenance or repair orders.

 

B. Conclusion of contract

1. The online offers are always subject to change.
2. The contract will only be concluded with a written order confirmation.
3. In the case of individualized individual offers to the customer, the contract is concluded when the customer accepts the offer.
4. Our offers are always sales offers.
   If leasing, hire purchase or financing is mentioned in the offer, this will only be arranged by us.
   Leasing, hire purchase or financing are always the responsibility of the buyer.
   If no corresponding contract is concluded, the buyer bears the risk; this has no influence on the effectiveness of the purchase contract.

 

C. Subject matter of the contract, scope of delivery and packaging

1. Our deliveries are made ex works. If the customer requests shipping, we arrange this in the name and on behalf of the customer.
2. Only the written order confirmation is decisive for the scope of delivery. Information in brochures, catalogs, advertising or oral statements are non-binding. This also applies to drawings and illustrations.
   Changes or additions are only effective if they have been confirmed in writing.
3. Performance information refers to normal operation at medium temperatures and on flat, dry floors. Deviations within normal tolerances are permitted.
4. Transport packaging will be taken back at the respective branch as long as it is clean, sorted and free of foreign substances. Otherwise, additional costs may be charged or return may be refused.

 

D. Delivery conditions

Delivery times are non-binding and are to be understood as approximate deadlines unless a fixed delivery date has been expressly agreed in writing.

 

E. Default

1. In the event of a delay in delivery, the customer must set a reasonable grace period with the indication that he will refuse acceptance after the deadline has expired.
2. After the grace period has expired, the customer is only entitled to withdraw. Claims for damages due to non-fulfillment or delay are excluded.

 

F. Payment terms

1. Our prices are ex works, net plus the applicable sales tax.
2. Transport costs will be charged separately if we organize the transport.
3. Invoices are due immediately. Discounts are only permitted if agreed in writing.
4. Rights of retention and offsetting only exist in the case of undisputed or legally established counterclaims.

 

G. Late payment / compensation

1. In the event of late payment, we charge default interest of 9 percentage points above the base interest rate.
2. We are entitled to refuse to fulfill the contract or to demand security, especially if the customer's financial circumstances deteriorate.
3. We are also entitled to withdraw from the contract without setting a further deadline.
4. The flat rate compensation is 30% of the net purchase price, unless higher or lower damage can be proven.

 

H. Retention of title

1. Ownership is only transferred to the customer after full payment.
2. Before ownership is transferred, resale, pledging or transfer as security is not permitted.
3. Resale is only permitted if this was reported when the contract was concluded.
4. In this case, the customer assigns his claims from the resale to us now. We accept this assignment.
5. Changes or modifications to the purchased item are not permitted.
6. The purchased item must be adequately insured against loss or damage.
7. Maintenance and inspection work must be carried out by the customer at his own expense.
8. Any enforcement measures must be reported to us immediately.
9. In the event of late payment or deterioration in assets, we are entitled to take back and withdraw from the contract.

 

I. Warranty claims

1. The warranty for material defects is excluded, with the exception of intent, gross negligence and injury to life, body or health.
2. Individual warranty agreements take precedence over this exclusion.
3. We will cover the costs of supplementary performance, but not travel and transport costs.
4. Further claims are limited to the purchase price.
5. The limitation period is a maximum of twelve months from handover, except in cases of intent or gross negligence.

 

J. Other agreements

1. The place of fulfillment is the headquarters of the respective sales branch.
2. The risk passes to the customer upon notification of readiness for dispatch.
3. The place of jurisdiction is Tübingen.
4. German law applies exclusively.