Unless otherwise agreed, our General Terms and Conditions apply to all offers, orders, purchase contracts and deliveries that we provide to clients, customers and buyers. They also apply to future offers, orders, purchase contracts and deliveries, even if they are not expressly agreed again. Any deviating general terms and conditions of the client, purchaser or buyer shall not be recognised, even if we do not expressly object to them.

I.    Terms and conditions of service and repair
1.    General
1.1.  In business-to-business transactions, the German Construction Contract Procedures (VOB/B) apply in their entirety in the version valid at the time of conclusion of the contract.
1.2.  Documents belonging to our offers, such as illustrations, drawings, etc., are only to be regarded as approximate in terms of dimensions and weight, unless the accuracy of the dimensions and weight has been expressly confirmed. We reserve the property rights and copyright to these documents. They may not be made accessible to third parties or misused in any other way without our consent. If the order is not placed with us, documents created specifically for the customer must be returned unsolicited and, in all other cases, immediately upon request.

2.    Dates/ delivery times
2.1.  Contractually agreed deadlines shall only commence once we have received all documents to be supplied to us by the customer (e.g. plans, approvals). Dates shall be deemed non-binding until such documents have been delivered.
2.2.  Delivery and service impediments due to force majeure and events that make delivery significantly more difficult or impossible for us (e.g. strikes or lockouts at suppliers, official orders) cannot be claimed at our expense, even if they occur at our suppliers or their sub-suppliers. In such cases, performance and delivery deadlines shall be extended by the duration of the impediment with a surcharge. If performance and delivery deadlines are interrupted for a foreseeable longer period of time without our performance becoming permanently impossible, we may invoice for the services we have performed and demand reimbursement of the costs included in the prices of the services not performed. If the hindrance lasts longer than three months, either party may withdraw from the contract after this period has expired.
2.3.  In cases of delay (in the performance of construction work), the customer shall only be entitled to the claim under § 8 No. 3 VOB/B if a date for commencement and completion had been agreed in writing according to the calendar and the customer had set a reasonable grace period after the expiry of this period and declared that he would withdraw the order after the fruitless expiry of the period.

3.    Costs for orders not carried out
3.1.  Since troubleshooting time is working time, the contractual partner will be invoiced for the incurred and documented expenses in the event that no warranty work is required. This also applies in the event that an order cannot be carried out because:
• the reported fault could not be identified in accordance with the rules of technology, or
• the contractual partner culpably misses the agreed deadline or cancels at short notice, or
• the order is cancelled at short notice or withdrawn during its execution.

4.    Warranty and liability
4.1.  The warranty period for all work, repairs, etc. that are not construction work, and for installed materials, is 1 year. In business transactions, the warranty is based on § 13 VOB/B (German Construction Contract Procedures) insofar as construction work is to be carried out.
4.2.  In the event of a defect, the customer must set us a reasonable deadline for subsequent performance. The customer must ensure that the object or work complained about is available to us for inspection and subsequent performance.
4.3.  If we are obliged to provide subsequent performance, we may choose between remedying the defect and manufacturing a new product. If the subsequent performance fails, the customer is entitled to reduce the remuneration or withdraw from the contract. However, withdrawal is excluded if the breach of duty is insignificant or if the subject matter of the contract is a construction service.
4.4.  In the event of injury to life, limb or health resulting from our own negligent breach of duty or from an intentional or negligent breach of duty by a legal representative or vicarious agent, we shall be liable in accordance with the statutory provisions. The same applies to other damages resulting from our own grossly negligent breach of duty or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent. For other damages based on a breach of essential obligations as a result of our own slight negligence or slight negligence on the part of our legal representatives or vicarious agents, our liability is limited to the foreseeable damage typical for this type of contract, but to a maximum of twice the order value.
Claims for damages for other damages in the event of a breach of secondary obligations in the case of slight negligence are excluded. We shall not be liable for other damages resulting from delay based on simple negligence; the statutory rights of the customer after expiry of a reasonable grace period remain unaffected.
The above exclusions and/or limitations of liability shall not apply if we have fraudulently concealed a defect or have given an independent guarantee for the quality of the item. The customer's claims for reimbursement of futile expenses instead of damages in lieu of performance remain unaffected.

5. Extended lien on movable property

5.1.  We shall be entitled to a lien on the customer's items that have come into our possession as a result of the order in respect of our claims arising from the order. The lien may also be asserted for claims arising from work performed earlier, spare parts deliveries and other services, insofar as they are related to the items. For other claims arising from the business relationship, the lien shall only apply insofar as these are undisputed or legally binding.
5.2.  If such items are not collected within four weeks of the collection request, we may charge a reasonable storage fee after expiry of the collection period. At the latest three months after the fruitless expiry of the collection request, our obligation to continue storage and any liability for slightly negligent damage or loss shall lapse. We shall be entitled to sell the item at market value after expiry of this three-month period and after giving appropriate notice in order to cover our claims. Any additional proceeds shall be reimbursed to the customer.

6.    Retention of title

6.1.  Insofar as the replacement parts installed during repairs and items delivered on the basis of an order do not become essential components within the meaning of Sections 946 et seq. of the German Civil Code (BGB) or are in accordance with Sections 93 and 94 BGB, we reserve title to them until all our claims from the corresponding order have been settled. If the customer defaults on payment and we have therefore declared our withdrawal from the contract, we may demand the return of items provided or parts installed for the purpose of removal. All costs of retrieval and removal shall be borne by the customer. If the repair is carried out at the customer's premises, the customer must give us the opportunity to carry out the removal at their premises. Labour and travel costs shall be borne by the customer. If the customer does not provide an opportunity for removal, the above sentences 2 and 3 shall apply accordingly.

II. Conditions of sale

1. Acceptance and default of acceptance
1.1.  If the buyer does not accept the item as agreed, we shall be entitled to set a reasonable grace period, after which we may dispose of the item elsewhere or deliver to the buyer with a reasonably extended grace period. This shall not affect our right to withdraw from the contract or claim damages after setting a grace period. Within the scope of a claim for damages, we may demand 20% of the agreed price excluding VAT as compensation without providing evidence, unless it can be proven that no damage or significantly less damage has been incurred. We reserve the right to claim for any higher damages actually incurred. The buyer is obliged to accept partial deliveries (advance deliveries) insofar as this is reasonable.

2.    Warranty and liability

2.1.  Claims for defects for all new items sold expire two years after delivery, and for used items one year after delivery. Obvious defects must be reported immediately after delivery, otherwise we are released from liability for defects.
2.2.  If the delivery item is defective, the buyer may demand subsequent performance (rectification of the defect or new delivery). If the rectification fails, the buyer is entitled to withdraw from the contract or reduce the purchase price. Withdrawal is excluded if our breach of duty is only insignificant.
2.3.  A defect in the delivery item does not exist: In the case of faults caused by damage, incorrect connection or incorrect operation by the buyer, in the case of damage caused by force majeure, e.g. lightning strike, in the case of faults resulting from overuse of mechanical or electromechanical parts, from improper use or from contamination or unusual mechanical, chemical or atmospheric influences.

3. Liability for damages
3.1.  In the event of injury to life, limb or health resulting from a negligent breach of duty on our part or an intentional or negligent breach of duty by our legal representatives or vicarious agents, we shall be liable in accordance with the statutory provisions.
3.2.  The following applies to other damages:
• We shall be liable in accordance with the statutory provisions for damages resulting from gross negligence on our part or from intentional or grossly negligent breach of duty by our legal representatives or vicarious agents.
• For damages resulting from the breach of essential contractual obligations due to slight negligence on our part, on the part of our legal representatives or our vicarious agents, our liability shall be limited to the foreseeable damage typical for this type of contract, but shall not exceed twice the value of the delivery item.
• Claims for damages for other damages in the event of a breach of ancillary obligations or non-essential obligations in the case of slight negligence are excluded.
• Claims for damages arising from delay based on simple negligence are excluded; the statutory rights of the purchaser after expiry of a reasonable grace period remain unaffected.
The exclusions or limitations of liability shall not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the item. The purchaser's claim for reimbursement of futile expenses instead of compensation for damages in lieu of performance remains unaffected.

4.    Retention of title
4.1.  All items sold remain our property until all claims against the buyer arising from the respective purchase contract have been fulfilled. The retention of title also applies to all claims that we subsequently acquire against the buyer in connection with the purchased item, e.g. due to repairs or spare parts deliveries as well as other services. The latter shall not apply if the repair or spare parts delivery is unreasonably delayed or has failed. Until our claims have been satisfied, the items may not be resold, rented, lent or given away, nor may they be given to third parties for repair. Transfer by way of security, pledging and all other possible dispositions are also prohibited.
If the buyer is a dealer, in particular a reseller, they are permitted to resell the goods in the ordinary course of business, provided that the claims from the resale against their customers or third parties, including all ancillary rights, are hereby assigned to us in the amount of the invoice value.
During the period of retention of title, the buyer is entitled to possess and use the purchased item as long as they fulfil their obligations under the purchase contract and, in particular, are not in default of payment. If the buyer is in default of payment or otherwise fails to fulfil his obligations under the purchase contract and we have therefore declared our withdrawal from the contract, we may demand the return of the purchased item from the buyer and, after giving reasonable notice, sell it at the best possible price by private sale, offsetting the purchase price.
All costs of taking back and realising the purchased item shall be borne by the buyer. In the event of access by third parties, in particular in the event of seizure of the purchased item or the exercise of a contractor's lien, the buyer must inform us immediately in writing and notify the third party of our retention of title without delay. The buyer shall bear all costs incurred in removing the seizure and recovering the purchased item, insofar as these cannot be collected from third parties. The buyer is obliged to keep the purchased item in proper condition for the duration of the retention of title and to have all scheduled maintenance work and necessary repairs carried out by us without delay. In this respect, we undertake to release the securities to which we are entitled insofar as their value exceeds the claims to be secured, insofar as these have not yet been settled, by more than 10%.

5.    Withdrawal
5.1.  In the event of withdrawal, the contracting parties are obliged to return the services received from each other. The value of the use or utilisation shall be remunerated, taking into account any depreciation of the object of sale that has occurred in the meantime.

III.    Common provisions for services, repairs and sales
1.    Prices and terms of payment
1.1.  The final prices are quoted ex works and do not include value added tax.
1.2.  All invoice amounts are payable in full immediately upon invoicing. Partial payments are only permissible if they have been agreed in writing prior to conclusion of the contract or are permitted by law.
1.3.  Cheques and bills of exchange are only accepted on account of performance and only after special, express agreement.
1.4.  For services that are not included in the order or that deviate from a service description, a supplementary offer may be requested by the buyer/customer or submitted by us. If this does not occur, such services will be charged according to measurement and time. With regard to the notification and proof of temporary work, § 15 No. 5 VOB/B applies to the creation of construction services.
1.5.  For orders whose execution takes longer than one month, we may demand instalment payments amounting to 90% of the respective value of the work performed, depending on the progress of construction. The instalment payments shall be made by the customer within 10 days of the invoice date.

2.    Information on data collection in accordance with Article 13 GDPR
2.1.  Your data will be used for the purpose of contract implementation, to fulfil our contractual and pre-contractual obligations, and for direct marketing. Data collection and data processing are necessary for the implementation of the contract and are based on Article 6(1)(b) GDPR. The data is passed on to third parties within the scope of financial accounting to the tax advisor. The data is deleted as soon as it is no longer required for the purpose of its processing, but in accordance with the statutory retention periods for business documents. 
You have the right to object to the use of your data for direct marketing purposes at any time. You are also entitled to request information about the data we have stored about you and, if the data is incorrect, to request its correction or, if the data storage is inadmissible, to request its deletion. You also have the right to lodge a complaint with the supervisory authority.

3.  Severability clause
3.1.  The invalidity of individual clauses shall not affect the validity of the other clauses. Invalid clauses shall be replaced by valid provisions that come as close as possible to the economic purpose of the invalid provisions.

4.    Place of jurisdiction
4.1.  The exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants, including bills of exchange and cheque claims, is our registered office. However, we are also entitled to take legal action against the customer/purchaser at their registered office.