General Terms and Conditions of Sale

I. Scope of application

  1. 1. Our Terms and Conditions of Sale are binding for all concluded contracts, unless otherwise expressly agreed in writing. Ancillary agreements require our express written confirmation in order to be legally effective. Conflicting terms and conditions of the buyer are non-binding, even if they were the basis for the order. Our terms and conditions of sale also apply if we carry out the delivery to the buyer without reservation in knowledge of the buyer’s terms and conditions that conflict with or deviate from our terms and conditions of sale.

II. Offers and orders

  1. 1. Our offers are subject to change and non-binding. Declarations of acceptance and all orders require written confirmation on our part in order to be legally effective. The same applies to additions, amendments or ancillary agreements. We are permitted to subsequently correct any errors or typographical errors in our correspondence.
  2. 2. The technical data provided are approximate. Desired custom-made products also require written confirmation and will be charged separately
  3. 3. We reserve the ownership and copyright of cost estimates, drawings and other documents attached to our offers. They may not be made available to third parties. Drawings and other documents must be returned to us on request.

III. Prices

  1. 1. Unless otherwise stated in the order confirmation, our prices are “ex works”, excluding packaging; this will be invoiced separately.
  2. 2. VAT is not included in our prices; it will be invoiced separately.
  3. 3. We reserve the right to change our prices appropriately if there is a reduction in costs or increases in costs after the conclusion of the contract. We will provide proof of this to the customer upon request.

IV. Terms of payment

  1. 1. Unless otherwise stated in the order confirmation, the purchase price is due for payment net (without deduction) within 30 days from the date of invoice. Repair and installation invoices are payable immediately without deduction.
  2. 2. If the customer is in default of payment, we are entitled to demand preferential interest in the amount of 9% above the base interest rate p.a. We reserve the right to assert higher damages for delay.
  3. 3. If the buyer is in default of payment, we are also entitled – without relinquishing any further rights and claims to which we are entitled – to terminate the contract or to suspend further deliveries to the buyer at our discretion.
  4. 4. For new customers, we reserve the right to ship by cash on delivery or by prepayment. If the solvency appears doubtful, delivery can be refused at any time.
  5. 5. Acceptances are not considered payment, but will be accepted on account of payment. Discount and exchange charges are at the expense of the buyer.
  6. 6. The customer is only entitled to rights of set-off if his counterclaims have been legally established, undisputed or acknowledged by us. He is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

V. Delivery time

  1. 1. The delivery time specified by us will be adhered to as far as possible. It requires the clarification of all technical questions.
  2. 2. If construction documents, models, drawings, samples or the like are necessary for the execution of the order, the delivery time shall not commence until they are received.
  3. 3. Shipping is always at the expense and risk of the buyer. Upon transfer of the goods to the carrier, delivery shall be deemed to have taken place. This applies to self-collectors, freight forwarders as well as factory-owned vehicles.
  4. 4. Due to late delivery or non-delivery due to unforeseen events, force majeure, operational disruptions, strikes and the like, the order cannot be withdrawn from and no compensation or claim for damages can be asserted.

VI. Liability for defects

  1. 1. The buyer must inspect the delivered goods immediately upon receipt and notify us of any complaints within 8 days of receipt of the goods at the latest. Hidden defects must be reported immediately after discovery within the warranty period. The warranty is granted for 1,000 operating hours from the transfer of risk, but for a limited period of time for a maximum of 12 months. This also applies to works services from their acceptance. For warranty measures, warranty service claims expire after 1,000 operating hours.
  2. 2. Our warranty obligation is limited to repair or replacement at our discretion.
  3. 3. No liability is assumed for damages caused by the following reasons: unsuitable or improper use, incorrect installation or commissioning by the buyer, natural wear and tear, incorrect or negligent handling, non-observance of the operating instructions, unsuitable equipment, replacement materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences, unless they are due to the fault of the supplier.
  4. 4. If the buyer carries out modifications or repair work on the delivery item without our prior approval, we shall cancel liability for the resulting consequences as well as the warranty for defects.
  5. 5. Further claims of the buyer, 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.
  6. 6. The right of the buyer to assert claims for defects shall become time-barred in all cases from the time of the right complaints in 6 months, but at the earliest upon expiry of the warranty obligation. The period is a limitation period and also applies to claims for compensation for consequential damages caused by defects, provided that no claims are asserted in tort; the statutory limitation period applies to these.

VII. Joint liability

  1. 1. Any further liability for damages than provided for in Section VI – regardless of the legal nature of the claim asserted – is excluded. This applies in particular to claims for damages due to fault in the conclusion of the contract, positive breach of contract or due to tortious claims pursuant to §823 BGB.
  2. 2. Insofar as liability for damages against us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.

VIII. Retention of title

  1. 1. Until our claims from the business relationship with the buyer have been paid in full, the purchased goods remain our property. In the event of breach of contract by the buyer, in particular in the event of default of payment, we are entitled to take back the purchased item. The withdrawal of the purchased item by us does not constitute a withdrawal from the contract, unless we have expressly declared this in writing. After taking back the purchased item, we are entitled to dispose of it, the proceeds of the realisation are to be offset against the buyer’s liability – less reasonable realisation costs.
  2. 2. The buyer is entitled to dispose of the purchased goods.
  3. 3. The retention of title extends to the processing, mixing or combination of our goods to their full value, whereby we are considered the manufacturer. If, in the event of processing, mixing or combination with third-party goods, their right of ownership remains, we inherit co-ownership in proportion to the invoice values of these processed goods.
  4. 4. The buyer is obliged to treat the purchased item with care, in particular he is obliged to insure it at his own expense against fire, water and theft damage sufficiently to the replacement value. If maintenance and inspection work is required, the buyer must carry it out in a timely manner at his own expense.
  5. 5. The Buyer assigns the claims against third parties arising from the resale to us in full or in the amount of our possible co-ownership share to us as security, regardless of whether the purchased item has been resold without or after processing. He is authorized to collect them on our behalf until the revocation or cessation of his payments to us. The buyer is not entitled to assign this claim.
  6. 6. The goods and the claims replacing them may not be pledged to third parties, transferred or assigned as security until our claims have been paid in full.
  7. 7. If the realizable value of the collateral exceeds our claims by more than 20%, we will release collateral at our discretion at the request of the buyer.
  8. 8. In accordance with the above provisions, the delivery item shall remain the property of the supplier until full payment has been made, insofar as these provisions are effective under applicable law.

IX. Execution

  1. 1. Illustrations, weights and dimensions are non-binding for the execution. We reserve the right to make changes, especially in terms of design, during production.

X. Place of jurisdiction and applicable law

  1. 1. The legal relationship of the contracting parties is subject to German law with the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  2. 2. The place of jurisdiction is 49716 Meppen (EMS). However, we also have the right to sue in the court having jurisdiction over the buyer, or in any other court that may have jurisdiction under national or international law.
  3. 3. The place of performance of the delivery is the place of the work.

XI. Consumer Arbitration Procedure

The European Commission provides a platform for online dispute resolution (ODR), which you can find under http:// ec.europa.eu/consumers/odr. We are not obliged and unwilling to participate in a dispute resolution procedure.

Last update: 15.07.2026