Validity
These General Terms and Conditions (GTC) apply to all our offers, contracts, deliveries and other services, including consulting services, information and the like, unless they are amended or excluded with our express written consent.
By placing an order, the contractual partner confirms the applicability of these GTC, which were made available to them in text form prior to conclusion of the contract; at the latest upon signing the delivery note, these conditions shall be deemed accepted, including the incorporation of electronic order confirmations or email orders.
The buyer’s terms and conditions shall not be binding on us, even if we do not expressly object to them again after receipt.
All of the following conditions are based on German law (BGB & HGB).
In case of doubt, the Incoterms® 2020 shall apply for the interpretation of commercial terms.
General Provisions
Our offers are subject to change and non-binding. Agreements, in particular verbal ancillary agreements and assurances made by our sales staff, shall only become binding upon our written confirmation.
All information contained in brochures, catalogs, circulars, advertisements, price lists or other documents related to the offer, including drawings, illustrations, technical data, weights, dimensions and performance descriptions, shall be non-binding unless expressly designated as binding in the order confirmation.
We reserve ownership and copyright to cost estimates, drawings and other documents; they may only be made accessible to third parties with our consent.
If deliveries are made according to drawings or other specifications provided by the buyer and this infringes third-party intellectual property rights, the buyer shall indemnify the supplier against all claims.
Retention of Title
All goods delivered by us remain our property until all claims arising from the business relationship have been fully settled, irrespective of their legal basis, including future or conditional claims and claims arising from contracts concluded simultaneously or subsequently. In the case of a current account, the retained title shall serve as security for our balance claim.
Processing of the goods subject to retention of title shall not transfer ownership to the buyer pursuant to § 950 BGB. Instead, processing shall be carried out by the buyer on behalf of the seller, who thereby becomes the owner while establishing a custodial relationship. If the goods are processed, combined or mixed with other goods not belonging to the seller, the seller shall acquire co-ownership in proportion to the invoice value of the goods subject to retention of title to the invoice value of the other goods. The buyer shall store the co-owned goods for the seller.
The buyer must notify us immediately of any seizure, attachment or other interference by third parties.
Shipment, Delivery Times and Delivery Conditions
Shipment shall be at the buyer’s expense and risk. This also applies to deliveries agreed to be carriage paid. In the case of ex works transactions, the goods shall be deemed properly delivered upon leaving the factory.
Goods held ready for shipment on the agreed date must be called off immediately; otherwise, or if dispatch is impossible, we are entitled to store the goods at the buyer’s expense and risk and to invoice them as delivered ex works, taking into account the costs incurred.
Delivery periods commence on the date of order confirmation and after clarification of all execution details. Force majeure, operational disruptions, energy or raw material shortages, lockouts, transport disruptions and governmental interventions occurring at our company or our suppliers shall reasonably extend delivery periods. They also entitle us to withdraw from the contract with exclusion of further liability. Partial deliveries are permissible. If, after acceptance of the order and despite a reasonable grace period, execution proves unexpectedly impossible, we are entitled to withdraw from the contract and refund any tooling costs paid by the buyer. Claims for damages by the buyer are excluded in such cases.
Goods manufactured or procured specifically for the buyer are excluded from withdrawal from the purchase contract or return.
Warranty
The buyer is obliged to inspect the goods immediately and to notify us in writing of obvious defects, including the absence of warranted characteristics, within two weeks. Hidden defects must be reported immediately upon discovery. Warranty claims shall expire six months after delivery, unless otherwise agreed.
Defects shall be remedied exclusively by repair, replacement delivery or an appropriate credit note.
We may refuse to remedy defects as long as the buyer has not fulfilled their obligations towards us within the statutory scope.
The provisions of the Product Liability Act remain unaffected.
Place of Performance and Jurisdiction
Place of performance shall be the location of the factory. Place of jurisdiction for both parties shall also be the location of the factory, including for actions involving bills of exchange and checks. We are also entitled to sue the buyer at their general place of jurisdiction. This shall also apply to all persons liable for the buyer’s obligations.
All legal relationships shall be governed by the law of the state in which our company has its registered office.
General Limitation of Liability
Any claims not expressly granted in these conditions, in particular claims for damages arising from impossibility, delay, breach of ancillary contractual obligations, culpa in contrahendo or tort – including insofar as such claims are connected with the buyer’s warranty rights – are excluded to the extent permitted by law, unless they are based on intentional or grossly negligent breach of contract by us or our vicarious agents.
Invalidity of Individual Provisions
Should any of the above provisions be or become invalid, such invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the contract while reasonably safeguarding the interests of both parties.
Business with Non-Merchants
For business transactions with non-merchants within the meaning of the German Civil Code (BGB), these provisions shall apply only insofar as they do not conflict with mandatory provisions of the BGB.
1/2026