1. Our deliveries, services, and offers are made exclusively in accordance with the following General Terms and Conditions (GTC). These apply to all business relationships and form the basis of all offers.
2. We do not recognize any deviating terms and conditions of the business partner, even if they have not been expressly contradicted. Our GTC also apply if we execute the business partner’s order with knowledge of conflicting terms and conditions or terms and conditions deviating from our GTC.
3. Orders and agreements require our written confirmation to be effective, as do ancillary agreements, changes, additions, and assurances of properties.
4. Illustrations, dimensions, weights, and color shades in catalogs, the online shop, price lists, and other printed materials are only binding if expressly designated as such by us. We reserve the right to make technically necessary changes or changes urgently required for design purposes.
5. Orders received via our online shop also require our written confirmation to be effective, as do ancillary agreements, changes, additions, and assurances of properties. An order confirmation can also be issued by electronic mail (email).
1. Cost estimates are only binding if expressly declared as such by us. We reserve the right to exceed cost estimates by up to 15% for necessary work without prior notification to the business partner.
2. Offers are subject to change and non-binding, unless designated as firm offers.
1. The prices stated in catalogs and in our online shop are guide prices at the time of publication. Price changes are possible at any time. The prices stated in the order confirmation in euros plus value-added tax at the respective statutory rate are decisive. Insurance and other ancillary costs such as customs duties are not included in the price. These are borne by the business partner. Packaging will be chosen by us for its intended purpose and taken back free of charge within the scope of our legal obligations.
2. If a significant change in order-related cost factors occurs (these include packaging, costs for special trips, additional transport costs), the agreed price may be adjusted to a reasonable extent according to the influence of these cost factors.
3. In addition to the purchase price, the agreed deposit value will be charged, which will be refunded upon receipt of the corresponding old part, provided that this old part is usable and repairable. Hydraulic cylinders and plates of all kinds will only be sold at the deposit value currently valid with us, even if no separate agreement on the deposit value has been made.
4. If our delivery or service is to be provided contractually later than 3 months after the conclusion of the contract, we are entitled to additionally charge for increases in production costs incurred up to the time of delivery.
5. The goods will only be insured at the express request of the business partner.
1. Unless otherwise agreed, all invoices are due upon receipt of the invoice after delivery of the goods. Invoices are generally payable within 14 days from the invoice date with a 2% discount or within 21 days net.
2. Payments are only deemed to have been made when we can finally dispose of the amount.
3. In case of non-payment within the period specified on the invoice, we will charge default interest of 8% above the base interest rate from the following day.
4. Incoming payments will be used, at our discretion, to settle the oldest or the least secured debt.
5. Offsetting with counterclaims other than those that are undisputed or legally established is excluded.
6. The acceptance of bills of exchange or checks is only for the purpose of fulfillment. The costs, expenses, etc. arising from the acceptance of bills of exchange are borne by the business partner; they are payable immediately upon request.
7. We are entitled to assign or sell our claims arising from the business relationship in whole or in part.
1. If the financial circumstances of the business partner significantly deteriorate (e.g., in the event of non-payment of a check or bill of exchange, or an application for the opening of insolvency or composition proceedings over the business partner’s assets), if the business partner disposes of goods delivered by the seller under retention of title outside the ordinary course of business, or if the business partner dissolves their company, we are entitled to declare all claims immediately due, repurchase bills of exchange at the business partner’s expense, and only continue to deliver against advance payment or security.
2. In the event of cessation of payments or over-indebtedness of the business partner, or in the event of an application for insolvency or composition proceedings over their assets, we are entitled, at our discretion, either to assert the aforementioned rights or to withdraw from the contract in accordance with statutory provisions.
1. The delivery period begins with the dispatch of the order confirmation, if one is issued, but not before the submission of documents, permits, and releases to be procured by the business partner, and receipt of an agreed advance payment.
2. The delivery period is met if the shipment has been dispatched within the delivery period or if readiness for dispatch has been communicated to the business partner.
3. Force majeure and events for which we are not responsible that temporarily prevent us from delivering at the agreed time or within the agreed period entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. If the delivery time is extended or if we are released from our obligation, the business partner cannot derive any claims for damages therefrom. If corresponding disruptions lead to a delay in performance of more than four months, the business partner may withdraw from the contract. Other rights of withdrawal remain unaffected.
4. If the business partner has suffered damage due to a delivery delay for which we are responsible, the business partner’s claim for compensation for the delay damage is limited, unless the delivery delay is due to intent or gross negligence, to an amount of 0.5% for each full week of delay, calculated from the value of the part of the delivery that cannot be used in time or in accordance with the contract due to the delay, but not more than 15% of the delivery value.
5. Further claims for compensation and damages are excluded, unless liability is mandatory due to intent or gross negligence or statutory provisions. This does not imply a change in the burden of proof to the detriment of the buyer.
6. Partial deliveries are permissible to a reasonable extent.
1. The risk of accidental loss or accidental deterioration of the goods passes to the business partner upon leaving the warehouse.
2. Shipping is in all cases freight collect at the expense of the business partner. Shipping will be carried out, unless shipping instructions are provided by the business partner, at our best discretion without guarantee for the cheapest and fastest route.
3. Transport damages must be reported immediately and will be replaced upon presentation of the carrier’s acknowledgment of damage.
1. There is generally no obligation to take back properly delivered parts. Should we nevertheless agree to take back ordered and faultless parts, the goods must be securely packed and received by us within 8 days of receipt by the buyer, along with a copy of the invoice and delivery note. For storage and administration costs, we charge 15% of the part value and any incurred freight costs. Specially manufactured, specially procured, or repaired parts cannot be returned. The customer is liable for loss and damage to returned goods.
2. The delivery of repair parts and old parts must always be carriage paid. Advanced freight costs or handling charges will be re-invoiced by us.
1. We warrant the defect-free nature of the ordered goods in accordance with the respective state of the art. We are not liable for material defects caused by unsuitable or improper use, faulty assembly or commissioning by the buyer or third parties, normal wear and tear, faulty or negligent handling, nor for the consequences of improper modifications or repair work carried out by the buyer or third parties without our consent.
2. The business partner’s claims for rectification of defects are primarily limited to a claim for subsequent performance, i.e., repair or replacement delivery. We have the right to choose between repair or replacement delivery. If repair or replacement delivery fails, the business partner may demand a reduction in price or withdraw from the contract. Repair is deemed to have failed if and insofar as a deadline set for us for subsequent performance has expired without result. The conditions for exercising the right of withdrawal are determined by § 323 BGB (German Civil Code).
3. The limitation period for material defects for newly manufactured goods is one year from the delivery of the item. The sale of used goods is made under exclusion of any liability for material defects.
4. We are liable according to statutory provisions if the business partner asserts claims for damages based on malice, intent, or gross negligence, including malice, intent, or gross negligence of our representatives or vicarious agents. Insofar as we are not accused of intentional breach of contract, liability is limited to the foreseeable, typically occurring damage. Otherwise, liability for damages is excluded; in this respect, we are particularly not liable for damages that did not occur to the delivery item, unless it concerns an injury to life, body, and/or health. The mandatory liability under the Product Liability Act also remains unaffected.
5. In the event of repair, we are obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor, and material costs, provided that the costs are not increased by the fact that the purchased item was moved to a location other than the place of performance.
6. The above provisions also apply to damages that occur during the rectification of defects or the exchange of products within the scope of liability for material defects.
7. The business partner’s claims arising from liability for material defects presuppose that they have properly and timely fulfilled their obligations to inspect and give notice of defects under § 377 HGB (German Commercial Code). Any defects, damages, and quantity deviations must be reported to us immediately in writing: in the case of recognizable defects etc., no later than one week after delivery, and in the case of other defects that cannot be discovered within this period even with careful examination, no later than one week after discovery. If a timely notice of defect is not given, no further claims can be asserted against us for such defects.
8. In the event of a notice of defect, we reserve the right to inspect and examine the complained-about goods in their unaltered condition.
9. If defects in our work are discovered during the assembly of superstructures or other components in a third-party workshop, we must be notified before continuing the assembly for the purpose of rectifying the defects. If this notification is not made, the additional costs incurred or other disadvantages shall be borne by the business partner.
10. The warranty for repairs and maintenance extends to proper craftsmanship, dimensional accuracy, and the preservation of the strength and load-bearing capacity of the repaired vehicle parts.
1. If the business partner resells the sold item to a consumer within the scope of their commercial operations and had to take back this item or reduce the purchase price as a result of its defectiveness, the business partner is entitled to claims against us for material defects according to the following provisions: If the buyer was obliged to take back the sold goods, we are entitled to repair or replacement delivery within a reasonable period. If and to the extent that the business partner was obliged to reduce the price, the purchase price will be reduced accordingly. The right of recourse exists only insofar as newly manufactured goods are concerned.
2. The business partner can also demand reimbursement of expenses incurred in relation to the consumer if the defect asserted by the consumer was already present at the time the risk passed to the business partner. Expenses include, in particular, transport, travel, labor, and material costs.
3. The business partner has no claim for damages within the scope of this supplier recourse.
4. The business partner’s obligation to give notice of defects under § 377 HGB remains unaffected by this.
1. Any liability for damages beyond the liability anchored under Section IX is excluded – irrespective of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, due to other breaches of duty, or due to tortious claims for compensation for property damage under § 823 BGB.
2. The limitation under paragraph 1 also applies insofar as the business partner demands compensation for useless expenses instead of damages in lieu of performance.
3. Insofar as liability for damages towards us is excluded or limited, this also applies to the personal liability for damages of our employees, workers, staff, representatives, and vicarious agents.
1. The goods remain our property until the final credit of the purchase price or the balance claim to our account. In the case of a current account, the retention of title secures our balance claim and thus also remains in effect for individual deliveries that have been paid for.
2. In the case of bills of exchange and checks, payment is deemed to have been made upon their final clearance. The business partner may neither pledge the goods nor assign them as security. We must be informed immediately of any third-party access, in particular seizures.
3. The retention of title expires with each complete account settlement for the goods delivered up to that point.
4. The business partner is revocably entitled to resell the delivered goods in the ordinary course of business. In the event of resale of reserved goods, the claims arising therefrom against customers are hereby assigned to us up to the amount and for the security of our respective claim. The business partner is entitled and obliged to collect the claims assigned to us, as long as we do not revoke this authorization. Upon request, they must immediately inform us in writing to whom they have resold the goods and what claims they are entitled to from the resale.
5. Processing and combining our goods with other products are always carried out for us as the manufacturer, but without obligation for us. If our ownership of the goods delivered by us expires as a result, it is hereby agreed that we acquire co-ownership of the items created by processing or combining. The new item created therefrom is considered reserved goods within the meaning of these terms. Our co-ownership share is determined by the fraction corresponding to the invoice amount of our goods in relation to the value of the created item. However, the claim arising from the resale is hereby assigned to us in the amount of the aforementioned fraction.
6. If the value of the securities exceeds our claims by more than 20%, the business partner may demand the release of security items with regard to the excess amount.
7. The buyer’s claim from the resale of the reserved goods is hereby assigned to us today to secure all our claims from the business relationship, regardless of whether the reserved goods are sold to one or more customers without or after processing.
8. In the event of a culpable breach of essential contractual obligations by the buyer, in particular in the event of default in payment, we are entitled to take back the goods after a reminder, and the buyer is obliged to surrender them. The taking back or the assertion of the retention of title or the seizure of the reserved goods by us does not constitute a withdrawal from the contract, unless we have expressly declared this.
We have a contractor’s lien on the items handed over to us for repair for the costs and expenses arising from the repair.
1. For all rights and obligations arising from deliveries and services, Fulda is agreed as the place of performance for both parties. The place of performance for the buyer’s payment obligations is Fulda.
2. In business transactions with merchants and legal entities under public law, Fulda is agreed as the place of jurisdiction. German law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
3. Should individual or several provisions of these GTC be invalid, the validity of the contract and the remaining terms shall not be affected thereby. Invalid provisions shall be replaced by the statutory regulation.