General Terms and Conditions of Sale

1. General
1.1 The following terms and conditions apply exclusively to all deliveries, services, and offers; we do not recognise any terms and conditions of the purchaser that conflict with or deviate from our terms unless we have expressly agreed in writing to their validity. Our terms and conditions shall also apply if we execute the delivery to the purchaser without reservation, despite being aware of terms that contradict or deviate from our own.

1.2 Telephone or verbal agreements require our written confirmation to be legally effective.

1.3 We only provide guarantees upon special agreement; the use of the word "guarantee" or any of its variations in these terms does not constitute such an agreement. A reference to DIN or other standards is for the description of the delivery item only and does not constitute a guarantee.

1.4 It is the purchaser's responsibility to procure any documents we may require for necessary foundation and/or installation drawings. Similarly, it is their responsibility to obtain any required building permits in a timely manner.

1.5 Partial deliveries are permitted.

2. Offer / Offer Documents

2.1 Our offers are subject to change without notice.

2.2 Illustrations, dimensions, and weight specifications in our catalogues and other printed materials are only approximate. We reserve ownership and copyright over these documents; they may not be made accessible to third parties—especially competitors—and must be returned to us upon request. We further reserve the right to modify offers, deliveries, or services, provided such changes are reasonable for the purchaser.

3. Prices / Payment Terms

3.1 Unless otherwise agreed, the purchase price shall be paid without any deductions as follows:

- One-third as a down payment upon receipt of the order confirmation,

- One-third upon delivery or upon notification to the purchaser that the main components are ready for dispatch (dispatch readiness notification),

- One-third upon commissioning, but no later than two (2) weeks after delivery or six (6) weeks after the dispatch readiness notification, if commissioning does not take place within two (2) weeks after delivery or six (6) weeks after the dispatch readiness notification for reasons not attributable to us, unless explicitly agreed otherwise in writing in the contract.

3.2 Spare parts and repair invoices are due for payment in full, without deductions, upon receipt of the invoice or acceptance.

3.3 The purchaser shall be in default without further notice from us ten days after the due date if payment has not been made.

3.4 Payments shall only be deemed to have been made on the day we can dispose of the amount. In the case of cheque payments, the payment shall only be considered as made once the cheque has been cashed and credited to our bank account.

3.5 If changes occur in the pricing basis by the delivery date that are beyond our control, we reserve the right to adjust our prices accordingly. However, this only applies to delivery periods exceeding four months and for price adjustments of up to 10%. Higher adjustments require a new price agreement.

3.6 The purchaser has no right of retention due to defects unless the delivery is obviously defective, or the purchaser has an evident right to refuse acceptance of the work. In such cases, the purchaser is only entitled to withhold payment in an amount reasonably proportionate to the defects and the anticipated costs of rectification. The purchaser is not entitled to assert claims and rights due to defects if they have not made due payments, and the outstanding amount (including any previous payments) is not reasonably proportionate to the value of the defective delivery or work. The purchaser may only offset payments against claims that are undisputed or legally established.

3.7 We are not obliged to accept bills of exchange or cheques. If we do accept them, this is subject to the full amount being received.

3.8 In the event of payment default, non-redemption of bills of exchange or cheques, cessation of payments, or inadequate creditworthiness of the purchaser, we are entitled to demand immediate payment or security for all completed deliveries and advance payment for future deliveries. In the case of default, we charge default interest at the standard bank credit interest rate, plus commission and fees.

3.9 If the purchaser does not accept the delivery item at the contractually agreed time, they are still required to make the payments dependent on delivery or commissioning at the agreed deadlines as if delivery had taken place. Storage of the delivery item is at the purchaser’s cost and risk.

4. Retention of Title

4.1 Until all claims, including all balance claims from the current account, to which we are entitled against the buyer now and in the future have been settled, the delivered item (reserved goods) remains our property. In the event of a breach of contract by the buyer, such as payment default, we have the right, after setting a reasonable deadline, to reclaim the reserved goods. The purchaser is obliged to surrender them. The repossession of reserved goods constitutes a withdrawal from the contract. Pledging the reserved goods is also considered a withdrawal from the contract. We are entitled to realise the reserved goods after repossession. The proceeds of the realisation will be credited against the buyer's obligations after deducting a reasonable amount for realisation costs. If the value of all securities to which we are entitled exceeds the secured claims by more than 10%, we will release an appropriate portion of the securities at the purchaser’s request, with the selection of securities to be released at our discretion.

4.2 During the period of retention of title, the purchaser is prohibited from pledging or transferring the reserved goods as security. Resale is only permitted to resellers in the ordinary course of business and only under the condition that the reseller receives payment from their customer or makes the reservation that ownership only passes to the customer once they have fulfilled their payment obligations. In case of disposals or interventions by third parties, the purchaser must notify us immediately.

4.3 In the event of breaches of duty by the purchaser, especially in the case of payment default, we are entitled to withdraw from the contract and reclaim the goods after an appropriate deadline has expired without success; statutory provisions regarding the dispensability of setting a deadline remain unaffected. The purchaser is obliged to surrender the goods.

5. Delivery / Delivery Time

5.1 Correct and timely self-supply remains reserved. We do not assume any procurement risk.

5.2 The choice of shipping method, transport, packaging, or other security measures is at our discretion.

5.3 Delivery is made at our discretion, free warehouse, free yard at the place of use, or free receiving station of the purchaser, but without unloading work and transport to the installation site. By special agreement, we also deliver including assembly and installation of components (construction site assembly).

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General Terms and Conditions of Sale

1. General
1.1 The following terms and conditions apply exclusively to all deliveries, services, and offers; we do not recognise any terms and conditions of the purchaser that conflict with or deviate from our terms unless we have expressly agreed in writing to their validity. Our terms and conditions shall also apply if we execute the delivery to the purchaser without reservation, despite being aware of terms that contradict or deviate from our own.

1.2 Telephone or verbal agreements require our written confirmation to be legally effective.

1.3 We only provide guarantees upon special agreement; the use of the word "guarantee" or any of its variations in these terms does not constitute such an agreement. A reference to DIN or other standards is for the description of the delivery item only and does not constitute a guarantee.

1.4 It is the purchaser's responsibility to procure any documents we may require for necessary foundation and/or installation drawings. Similarly, it is their responsibility to obtain any required building permits in a timely manner.

1.5 Partial deliveries are permitted.

2. Offer / Offer Documents

2.1 Our offers are subject to change without notice.

2.2 Illustrations, dimensions, and weight specifications in our catalogues and other printed materials are only approximate. We reserve ownership and copyright over these documents; they may not be made accessible to third parties—especially competitors—and must be returned to us upon request. We further reserve the right to modify offers, deliveries, or services, provided such changes are reasonable for the purchaser.

3. Prices / Payment Terms

3.1 Unless otherwise agreed, the purchase price shall be paid without any deductions as follows:

- One-third as a down payment upon receipt of the order confirmation,

- One-third upon delivery or upon notification to the purchaser that the main components are ready for dispatch (dispatch readiness notification),

- One-third upon commissioning, but no later than two (2) weeks after delivery or six (6) weeks after the dispatch readiness notification, if commissioning does not take place within two (2) weeks after delivery or six (6) weeks after the dispatch readiness notification for reasons not attributable to us, unless explicitly agreed otherwise in writing in the contract.

3.2 Spare parts and repair invoices are due for payment in full, without deductions, upon receipt of the invoice or acceptance.

3.3 The purchaser shall be in default without further notice from us ten days after the due date if payment has not been made.

3.4 Payments shall only be deemed to have been made on the day we can dispose of the amount. In the case of cheque payments, the payment shall only be considered as made once the cheque has been cashed and credited to our bank account.

3.5 If changes occur in the pricing basis by the delivery date that are beyond our control, we reserve the right to adjust our prices accordingly. However, this only applies to delivery periods exceeding four months and for price adjustments of up to 10%. Higher adjustments require a new price agreement.

3.6 The purchaser has no right of retention due to defects unless the delivery is obviously defective, or the purchaser has an evident right to refuse acceptance of the work. In such cases, the purchaser is only entitled to withhold payment in an amount reasonably proportionate to the defects and the anticipated costs of rectification. The purchaser is not entitled to assert claims and rights due to defects if they have not made due payments, and the outstanding amount (including any previous payments) is not reasonably proportionate to the value of the defective delivery or work. The purchaser may only offset payments against claims that are undisputed or legally established.

3.7 We are not obliged to accept bills of exchange or cheques. If we do accept them, this is subject to the full amount being received.

3.8 In the event of payment default, non-redemption of bills of exchange or cheques, cessation of payments, or inadequate creditworthiness of the purchaser, we are entitled to demand immediate payment or security for all completed deliveries and advance payment for future deliveries. In the case of default, we charge default interest at the standard bank credit interest rate, plus commission and fees.

3.9 If the purchaser does not accept the delivery item at the contractually agreed time, they are still required to make the payments dependent on delivery or commissioning at the agreed deadlines as if delivery had taken place. Storage of the delivery item is at the purchaser’s cost and risk.

4. Retention of Title

4.1 Until all claims, including all balance claims from the current account, to which we are entitled against the buyer now and in the future have been settled, the delivered item (reserved goods) remains our property. In the event of a breach of contract by the buyer, such as payment default, we have the right, after setting a reasonable deadline, to reclaim the reserved goods. The purchaser is obliged to surrender them. The repossession of reserved goods constitutes a withdrawal from the contract. Pledging the reserved goods is also considered a withdrawal from the contract. We are entitled to realise the reserved goods after repossession. The proceeds of the realisation will be credited against the buyer's obligations after deducting a reasonable amount for realisation costs. If the value of all securities to which we are entitled exceeds the secured claims by more than 10%, we will release an appropriate portion of the securities at the purchaser’s request, with the selection of securities to be released at our discretion.

4.2 During the period of retention of title, the purchaser is prohibited from pledging or transferring the reserved goods as security. Resale is only permitted to resellers in the ordinary course of business and only under the condition that the reseller receives payment from their customer or makes the reservation that ownership only passes to the customer once they have fulfilled their payment obligations. In case of disposals or interventions by third parties, the purchaser must notify us immediately.

4.3 In the event of breaches of duty by the purchaser, especially in the case of payment default, we are entitled to withdraw from the contract and reclaim the goods after an appropriate deadline has expired without success; statutory provisions regarding the dispensability of setting a deadline remain unaffected. The purchaser is obliged to surrender the goods.

5. Delivery / Delivery Time

5.1 Correct and timely self-supply remains reserved. We do not assume any procurement risk.

5.2 The choice of shipping method, transport, packaging, or other security measures is at our discretion.

5.3 Delivery is made at our discretion, free warehouse, free yard at the place of use, or free receiving station of the purchaser, but without unloading work and transport to the installation site. By special agreement, we also deliver including assembly and installation of components (construction site assembly).

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