General conditions
Art. I General
Applicability: These terms and conditions apply to all offers and agreements for supplies and/or services by the contractor. Deviations can only be agreed upon in writing. Any references to purchasing or other conditions of the client are explicitly rejected.
Definitions:
Product: Includes both goods and services such as maintenance, consulting, and inspection.
Written: Any document signed by both parties, including letters, faxes, e-mails, or other agreed-upon methods.
Contractor: The party that refers to these terms and conditions in the offer or order confirmation.
Client: The party to whom the offer or order confirmation is addressed.
Service: Also includes the contracting of work.
Art. II Offer
All offers are non-binding and based on execution under normal conditions and working hours.
Art. III Agreement
The agreement is established in writing when the Contractor signs the contract or sends the written order confirmation.
Additional Work: Any additional work or deliveries in excess of the quantities specified in the contract or order confirmation shall be considered additional work and must be confirmed in writing.
Verbal commitments shall be binding only if confirmed in writing by the contractor.
Art. IV Price
Prices quoted are exclusive of taxes and based on delivery ex-works according to the applicable Incoterms.
Price increases due to increased cost price factors after the agreement may be passed on.
Additional work: Will be invoiced separately as soon as the costs are known.
Costs: Costs for drawings, tools, packaging, loading and unloading, and transportation of materials supplied by the client will be charged separately.
Art. V Intellectual Property
All materials provided or prepared by the contractor shall remain the property of the contractor. Intellectual property rights remain exclusively with the contractor.
The information may not be copied, displayed, disclosed or used without written permission.
Art. VI Delivery time
The delivery time starts at the last of these events: agreement, receipt of necessary documents, fulfillment of formalities, or prepayment.
The delivery time is extended in case of delay through no fault of the contractor.
If the delivery time is exceeded, the client is entitled to rescission in case of delay of more than 16 weeks, with restitution and compensation of up to 15% of the price. Exceeding the delivery time does not entitle the customer to work without judicial authorization.
Art. VII Assembly/Installation
The client is responsible for all necessary provisions for assembly/installation.
The contractor must have timely access to the assembly site and necessary tools.
Responsibility for damages and costs due to non-compliance with terms and conditions rests with the client.
Art. VIII Inspection and Acquisition Testing.
Inspection must take place within 14 days of delivery. Without written complaints, the product is considered accepted.
In case of takeover testing, necessary facilities and samples must be available in time. Without complaints in testing, the product is accepted.
Minor defects that do not affect use do not affect acceptance.
Art. IX Transfer of Risk and Ownership.
Risk passes to the customer upon delivery according to Art. VI para. 3.
Ownership is transferred only after full payment, including interest and costs.
The contractor is entitled to access and repossession in case of retention of title.
Art. X Payment
Payment in two installments: 2/3 within 7 days after agreement, 1/3 within 14 days after delivery.
Additional work will be invoiced as soon as it is known.
In case of late payment, the client is automatically in default and an interest rate of 3% above the legal interest rate, plus judicial and extrajudicial costs, applies.
Art. XI Warranty
Warranty for hidden defects in material or construction within 6 months after delivery.
Warranty for improper assembly/installation by Contractor applies 6 months after completion of assembly, but maximum 12 months after delivery.
Warranty includes repair or replacement of defective parts, with new warranty period of 6 months for repaired/replaced parts.
No warranty for inspections, consulting, or services outside of warranty.
Exclusions apply to defects due to non-normal use, wear and tear, improper repair by third parties, and materials supplied by the client.
Claim to warranty lapses in the event of non-compliance with obligations by the client.
Complaints must be reported in writing within 14 days of the warranty period.
Returns:
Orders can be canceled within 14 days of receipt without reason, with another 14 days to return the product.
These conditions provide a comprehensive framework for agreements, delivery, risk, ownership, payment, warranty and returns, clearly defining the responsibilities and rights of both parties.
