Terms

General Terms and Conditions of Sale and Delivery of enwitec electronic GmbH

I. Scope of the General Terms and Conditions of Sale and Delivery

The supplier’s offers, order acceptances, and all deliveries are made exclusively on the basis of the following “General Terms and Conditions of Sale and Delivery.” The purchaser’s terms of purchase are hereby expressly rejected; they shall not be binding on the supplier even if the supplier does not expressly reject them again upon conclusion of the contract. This shall only not apply if the supplier has expressly agreed in writing to the applicability of the purchaser’s terms.

II. Offer and Conclusion of Contract

1. The supplier’s offers are non-binding and subject to written confirmation by the supplier, unless expressly stated otherwise in writing. The acceptance of orders placed by traveling salespersons or agents is also subject to confirmation and likewise requires written confirmation by the supplier.
Documents associated with an offer, such as illustrations, drawings, and weight specifications, as well as more detailed descriptions, are only approximately binding and serve merely to give a general description and definition of the goods to be delivered. The same applies to performance and consumption data. These details do not constitute a guarantee of the quality or durability of the goods. The supplier reserves the right to make changes to the dimensions and weights of the goods up to the point of delivery.

2. The supplier retains ownership and copyright of all illustrations, drawings, calculations, and other documents, including brochures and catalogs. Any use outside the scope of the underlying contract, as well as any disclosure to third parties, requires the supplier’s express written consent.

III. Prices and Payments

1. Prices are quoted ex works and do not include packaging, freight, or insurance, and they do not apply to repeat orders.
Packaging costs are charged separately; transport and insurance costs are charged as incurred and according to agreement.
Framework agreements are not affected by these provisions; corresponding terms are agreed upon separately.

2. The prices are based on the production costs at the time of the supplier’s written confirmation.
If these production costs increase before the delivery date due to higher duties, prices for raw materials, auxiliary materials, energy, freight, or wages, the supplier is entitled to adjust the agreed price accordingly.
Such a price increase does not entitle the purchaser to withdraw from the contract.

3. If the agreed delivery period exceeds four months after the conclusion of the contract, or if delivery actually takes place more than four months after the conclusion of the contract for reasons attributable to the purchaser, the supplier is entitled to charge the price valid on the day of delivery.

4. The agreed delivery price, plus statutory value-added tax, is due for payment upon receipt of the invoice, notwithstanding any other agreements. Payments to traveling salespersons or agents of the supplier are not permitted without written authorization for collection. In the case of multiple outstanding invoices, payments will first be applied to the oldest debts. If costs and interest have already accrued, payments will first be applied to costs, then to interest, and finally to the principal amount, again starting with the oldest invoices.

5. Retention and set-off against the purchase price are only permitted with undisputed or legally established claims. The purchaser is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

6. Invoice amounts are due net within 30 days from the invoice date, unless otherwise agreed in writing.

IV. Default

1. If payment deadlines are exceeded or if a deferral is granted, statutory interest will be charged.

2. If the purchaser fails to honor a check or if the supplier becomes aware of significant deterioration in the purchaser’s financial situation that jeopardizes the payment claim, the entire remaining debt becomes due.
If the entire remaining debt is not paid immediately, the purchaser’s right to use the delivered goods expires.
The supplier is entitled to either reclaim the delivered goods without waiving his claims until they are satisfied or to withdraw from the contract. If such circumstances arise after the conclusion of the contract but before the delivery, the supplier may refuse performance and require payment in exchange for delivery, even if other payment terms and deadlines have been agreed upon. Alternatively, the supplier may demand the provision of security.

3. If the purchaser fails to fulfill their payment obligations after a reminder with the setting of a reasonable deadline for payment, the supplier is entitled to reclaim the delivered goods or to withdraw from the contract. In the case of an installment payment agreement, the supplier may withdraw from the contract due to the purchaser’s delay in payment under the legally provided conditions.

4. In the event of withdrawal from the contract, the supplier is also entitled to claim damages instead of performance or reimbursement of their wasted expenses, provided the supplier had previously set the purchaser a reasonable deadline for performance without success. If the supplier claims damages instead of performance, they are entitled to charge a lump sum of 25% of the agreed purchase price without deduction as compensation.
The supplier remains entitled to prove and claim a higher damage amount, and the purchaser is equally entitled to prove that no damage has occurred or that the damage is significantly lower than the lump sum claimed.
This also applies if the purchaser is in default not only with payment but also with the acceptance of the goods or any other duty to cooperate.

5. If the withdrawal from the contract occurs after the delivery of the goods, the supplier has, in addition to the right to the return of the goods, a claim for compensation for the use of the goods. This claim is independent of claims for damages and reimbursement of wasted expenses.

6. All of the above provisions also apply in cases of direct delivery to the end customer by the supplier at the request of the purchaser.

V. Delivery Time

1. Delivery as well as the delivery time, or if applicable, the collection by the purchaser, will be agreed upon separately.

2. The delivery period begins on the day the order confirmation is sent and is considered met if the goods have left the factory by the end of the delivery period. The delivery period will be reasonably extended in the event of measures taken due to labor disputes, particularly strikes and lockouts, as well as the occurrence of unforeseen obstacles, such as operational disruptions, shortages of raw materials, transportation disruptions, etc., that are beyond the supplier’s control, provided such obstacles have a significant impact on the completion or delivery of the goods. This also applies if such circumstances occur with suppliers or subcontractors.

3. The aforementioned circumstances are also not the responsibility of the supplier if they occur during an existing delay.

4. Adherence to the delivery period is subject to the fulfillment of the purchaser’s contractual obligations, particularly the provision of any required official certificates or permits. Otherwise, the delivery time and delivery period will be extended accordingly.

VI. Shipping

All shipments are made at the supplier’s discretion and at the purchaser’s expense.
The choice of shipping method is at the supplier’s discretion; no claims can be derived against the supplier from the chosen method.

VII. Shipping to Foreign Countries

Shipments to foreign countries are subject to any additional general terms and conditions for export and other special agreements.
Additionally, the Incoterms® 2020 are considered agreed upon; the supplier is free to apply them.

VIII. Transfer of Risk and Acceptance

1. The risk passes to the purchaser upon delivery of the goods to the carrier, regardless of whether the supplier or the purchaser has engaged the carrier, even if partial deliveries are made or the supplier has taken on other services, notwithstanding any other agreements.

2. If shipping is delayed, which may be done by train or freight forwarding at the supplier’s discretion, due to circumstances for which the purchaser is responsible, the risk passes to the purchaser from the day the goods are ready for shipment. However, the supplier is obligated, at the purchaser’s request and expense, to arrange the insurance the purchaser requires. Delivered items must be accepted by the purchaser, even if they have minor defects, without prejudice to the rights under section IX.

3. Partial deliveries are permissible as long as they are reasonable for the purchaser.

4. If the purchaser delays the acceptance of the goods, the risk passes to the purchaser from the moment the supplier makes the offer for performance effective.

5. If the supplier incurs additional costs due to the purchaser’s delay in acceptance, the supplier may claim reimbursement of these costs from the purchaser.

IX. Warranty

1. If there are defects in the delivery, they must first be properly reported by the purchaser in accordance with § 377 of the German Commercial Code (HGB).
2. Defects will be remedied at the supplier’s discretion either by repair or by replacement with new defect-free goods; the replaced parts become the property of the supplier. The supplier reserves the right to two (2) attempts at subsequent performance.
3. The supplier shall bear the direct costs arising from the repair or replacement delivery — insofar as the complaint proves to be justified — including the cost of the replacement part.
4. Repair of defective goods is carried out at the manufacturer’s facility. Costs for disassembly and reassembly, transport, packaging, and similar expenses are to be borne by the purchaser.
5. Manufacturer warranties passed on as part of the delivery, as well as certificates of conformity and/or safety declarations from the manufacturer, do not constitute a separate warranty or a contractual quality agreement by the supplier.
6. In transactions that do not involve a consumer, the supplier assumes no warranty for product components provided by the purchaser.
7. In the case of minor defects, as well as natural wear and tear, warranty claims are excluded.
8. The purchaser’s claims for recourse are particularly excluded if the purchaser has made agreements with their buyer that go beyond the statutory mandatory warranty claims.

X. Limitation Period

Warranty claims expire two years from the delivery of the goods.
However, the statutory period applies where the law provides for longer periods for claims related to defects in buildings or goods for buildings, for the purchaser’s recourse claims under §§ 478, 479 of the German Civil Code (BGB), or for defects in construction.
The statutory limitation period also applies in cases of injury to life, body, or health, in the event of willful or grossly negligent breach of duty by the supplier, or in cases of fraudulent concealment of defects.

XI. Liability for Damages

1. The supplier is liable for damages according to the statutory provisions, provided the purchaser makes claims based on intent or gross negligence, including the intent or gross negligence of representatives or vicarious agents. Insofar as the supplier is not accused of intentional breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage.

2. The supplier is liable according to the statutory provisions if a material contractual obligation is negligently violated. In this case, the liability for damages is limited to the foreseeable, typically occurring damage.
3. Liability for the negligent injury to life, body, or health remains unaffected; this also applies to the mandatory liability under the Product Liability Act.
4. Unless otherwise specified above, liability is excluded.

XII. Retention of Title

1. The supplier retains ownership of the goods until all payments under the contract have been received.
The purchaser is obligated to treat the goods with care, and in particular, to insure them at their own expense against fire, water, and theft at their new value. Any maintenance and inspection work must be carried out by the purchaser, at their own cost, in a timely and careful manner.

2. In the case of seizures, confiscations, or other third-party claims, the purchaser must immediately notify the supplier in writing to enable the supplier to exercise their rights under the retention of title.
In the event of a breach of this obligation, the purchaser shall be liable for any resulting loss to the supplier.

3. The purchaser is entitled to resell the goods in the ordinary course of business; however, the purchaser hereby assigns to the supplier any claims arising from the resale of the goods, in the amount of the gross purchase price of the supplier’s claim. This applies regardless of whether the goods are resold with or without processing.
The purchaser remains authorized to collect the claims even after the assignment, without prejudice to the supplier’s right to disclose the assignment and collect the claims themselves. This will not be done as long as the purchaser meets their payment obligations, is not in payment default, and no application for the opening of a settlement or insolvency proceeding has been made. In this case, the purchaser is obligated to immediately provide the supplier with all necessary details about their buyers, hand over the required documents, and enable the supplier to disclose the assignment.

4. The processing or transformation of the goods by the purchaser is always done on behalf of the supplier.
If the goods are processed with other items not owned by the supplier, the supplier shall acquire co-ownership of the new item in proportion to the value of their own claim compared to the other processed items at the time of processing. The retention of title continues to apply fully to the item resulting from the processing.
The purchaser is authorized to resell the goods subject to retention of title within the scope of their business operations.
The purchaser hereby assigns to the supplier any claims arising from the resale of these goods subject to retention of title, regardless of whether the goods are resold in an unprocessed or processed form.

5. If the delivered goods are inseparably mixed with other items not owned by the supplier, the supplier acquires ownership of the new item in proportion to the value of the purchased goods compared to the other mixed items at the time of mixing.
If the mixing is such that the purchaser’s item is regarded as the principal item, the purchaser shall transfer proportional co-ownership to the supplier, and the purchaser shall hold the sole or co-ownership of the supplier on behalf of the supplier.

6. If the delivered goods or items made from them are resold by the purchaser or directly or subsequently incorporated into the property of a third party, such that they become essential components of the third party’s property, the claims of the purchaser against their buyer or third parties, which arise in place of these items, transfer to the supplier as security for the supplier’s claims, without the need for a separate assignment declaration.

7. Upon the purchaser’s request, the supplier shall release securities to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is at the supplier’s discretion.

XIII. Miscellaneous

1. The contract remains binding in its other parts even if individual provisions are legally invalid. The invalid provision shall be replaced by one that comes closest to the economic intent of the original provision.
2. The place of performance and jurisdiction shall be at the supplier’s place of business, provided the purchaser is a merchant under the law; however, the supplier remains entitled to also file a claim at the purchaser’s place of business.
3. All agreements between the supplier and the purchaser must be put in writing; written form also applies to any changes and/or side agreements made before or after the conclusion of the contract. This written form requirement also applies to the repeal of this written form clause.
4. German substantive law shall apply to the legal relationships in connection with this contract, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

General Terms and Conditions of Purchase for enwitec electronic GmbH.

1. General – Scope of Application

1. Our purchasing conditions apply exclusively to all orders, including future orders, placed by us. We do not recognize any conflicting or deviating conditions of the supplier from our purchasing conditions, unless we have expressly agreed in writing to their validity. Our purchasing conditions also apply if, despite being aware of conflicting or deviating conditions of the supplier, we unconditionally accept the supplier’s delivery.
2. Our purchasing conditions apply only to entrepreneurs as defined in Section 310 (4) of the German Civil Code (BGB).
3. Only a written order is binding; orders placed orally or by phone require written confirmation to be valid.
4. Any correspondence regarding the contract must be conducted with us, stating the order number.

1. Acceptance of the Offer – Order Confirmation – Offer Documents

1. The supplier is obliged to accept our order within a period of one week; after this period, we are no longer bound by the order/our offer.
2. The acceptance statement can also be made via email or fax.

The order confirmation must always reference the order number.

3. We reserve ownership and copyright rights for illustrations, drawings, calculations, and other documents; they may not be made accessible to third parties without our express written consent. They are to be used exclusively for manufacturing based on our order; after the completion of the order, they must be returned to us without being requested. They must be kept confidential with regard to third parties, and in this respect, Section XII also applies.
4. The supplier must ensure that our order details are included on all further documents related to the order (delivery note, invoice, etc.).
5. The supplier may not make any changes to the order without our written consent; we may change our orders at any time, provided it is reasonable for the supplier.
6. In the event of the supplier’s insolvency, inability to pay, etc., we may withdraw from the contract; in the case of ongoing obligations, we may terminate the contract extraordinarily.

• Prices – Payment Terms

1. The price stated in the order is binding, unless the list price at the time of fulfillment of the performance is more favorable to us.
2. If it is agreed at the time of ordering that price components for raw materials are determined based on raw material indices (e.g., LME market value) as part of a price adjustment clause, material cost surcharge, or through market-oriented negotiations, the other price components will be considered and negotiated separately from the raw materials.
3. Unless otherwise agreed in writing, the price includes delivery “free to house,” including packaging and customs. If the statutory value-added tax is not separately indicated in the order confirmation or invoice, it is included in the price. We may require the supplier to collect and dispose of the packaging of the purchased goods at their own expense; otherwise, the return of the packaging requires a special agreement.
4. If the supplier is responsible for installation and/or assembly, they shall bear all incidental costs such as travel expenses, provision of tools and personnel, etc., unless otherwise agreed in writing.
   
   
5. We can only process invoices if they include the order number specified in our order, in accordance with the requirements in our order. The supplier is responsible for all consequences arising from the failure to comply with this obligation, unless they can prove that they are not at fault.
6. Invoices must be submitted separately immediately after the delivery of the goods, and not included with the shipment. Packing lists, as well as agreed-upon information and documents, must be attached to the invoices. Additionally, the name of our dispatcher must be mentioned on the invoices.
7. Unless otherwise agreed in writing, we will pay the purchase price within 14 days from delivery and receipt of the invoice, with a 3% discount, within 30 days with a 2% discount, or within 60 days net.
8. Invoices for partial services will only be due and paid by us with prior written approval before the execution of the entire order.
9. We are entitled to offset and right of retention to the statutory extent. We are also entitled to reduce invoice amounts by the value of returned goods as well as any expenses and claims for damages.
10. The supplier’s rights of set-off and retention apply only to the extent that they are undisputed or legally established.

1. delivery time

1. The delivery time specified in the order, which must be carefully checked by the supplier beforehand, is binding.
2. The supplier must notify us of the shipment of the goods (shipping confirmation).
3. The supplier is obligated to notify us in writing without delay if circumstances arise or become apparent to them that indicate the agreed delivery time cannot be met.
4. For large deliveries, the delivery date must be announced 3 working days in advance. Any costs incurred by the supplier due to the lack of prior coordination with us are to be borne by the supplier.

Delivery should preferably take place at the following times:

Monday – Thursday 7:00 a.m. – 4:30 p.m.

Friday 7:00 a.m. – 12:00 p.m.

Deliveries outside these hours must be agreed upon in advance by telephone.

5. In the event of culpable delay in delivery by the supplier, we are entitled to demand a contractual penalty amounting to 0.2% of the delivery value for each commenced day of delay, but not exceeding 10% of the delivery value in total. However, the supplier is not obliged to compensate for our loss of profit unless the delivery deadlines have been exceeded by more than ten (10) days. The assertion of further claims remains reserved. In particular, we are entitled to claim damages in lieu of performance and to withdraw from the contract after the unsuccessful expiry of a reasonable period. If we claim damages, the supplier has the right to prove that he is not responsible for the breach of duty. Acceptance of a delayed delivery or performance does not constitute a waiver of claims for compensation.
6. Partial deliveries must be clearly identified as such; we are only obliged to accept partial deliveries if this has been agreed in writing.
7. If delivery is made before the agreed date, we reserve the right to refuse acceptance and return the goods at the supplier’s expense and risk.
8. In the case of long-term obligations, we may require the supplier to maintain a stock inventory; the stock should cover at least one month’s supply.

1. Transfer of Risk – Documents – Quality Management System

1. Unless otherwise agreed in writing, delivery shall be made free to our premises; packaging, customs, and shipping costs are to be borne by the supplier.

Risk transfers to us upon handover at the designated place of use.

2. Ownership of the purchased goods transfers to us upon delivery.
3. The supplier is obliged to indicate our exact order number on all shipping documents and delivery notes; if he fails to do so, any resulting delays in processing are not our responsibility.

All documents must be provided in duplicate; delivery notes must specify the contents of the shipment precisely (quantity, order number, number of packages, etc.).

4. The supplier is obliged to send us, unsolicited, a written Non-Dual-Use Declaration and Long-Term Supplier’s Declaration for the delivered goods.
5. The supplier maintains a quality management system and provides proof of certification according to DIN EN ISO 9001:2015.

Upon request, the supplier must demonstrate the quality of the products by submitting test certificates.

6. The supplier is obliged to provide us with all documents concerning hazardous materials relevant to the goods; this includes, in particular, declarations of conformity with the RoHS Directive (2011/65/EU) and the REACH Regulation (1907/2006/EC).

1. Performance of Service

1. The supplier guarantees the proper functionality, execution, and usability of the contractual items, particularly compliance with prescribed safety standards. The supplier is obliged to provide the relevant documentation with each delivery as proof of testing and approval for use in DC connection technology.
2. The supplier undertakes to inform us comprehensively of any potential hazards associated with the use of the contractual item. Material safety data sheets must be provided unsolicited.

• Inspection for Defects – Warranty for Defects

1. We are obliged to inspect the goods for quality and quantity deviations within a reasonable period in accordance with § 377 of the German Commercial Code (HGB); a complaint is timely if it is received by the supplier within 7 working days of receipt of goods or discovery in the case of hidden defects. Random sampling is sufficient for inspection.
2. If the supplier has fraudulently concealed a defect, he cannot invoke the duties of inspection and complaint under § 377 HGB.
3. We are entitled to the full statutory warranty claims; in any case, we may demand, at our discretion, remedy of the defect or delivery of a new item from the supplier. The right to claim damages, especially damages in lieu of performance, remains expressly reserved.
4. We are entitled to remedy the defect ourselves at the supplier’s expense if there is danger in delay or special urgency.
5. The limitation period is 36 months from the transfer of risk unless otherwise agreed or longer periods are prescribed by law.

• Discovery of Defect After Processing and Delivery

1. If a defect is only discovered after processing and delivery to the end customer, we are entitled, in addition to statutory warranty claims and without a grace period, to carry out subsequent performance/remedy of the defect at the end customer ourselves.
2. If the defect and resulting costs are solely due to the goods provided by the supplier, the supplier shall bear not only the replacement or repair costs but also additional expenses such as travel, on-site labor, and additional materials.
3. If the defect and costs are partially due to the supplier’s goods, the supplier bears the respective share of our costs in proportion.
4. In the case of a series defect, we are entitled to reject acceptance of the entire remaining delivery and assert statutory warranty claims for the whole delivery. A series defect is assumed if at least 10% of the delivered goods exhibit the same or a similar defect during the warranty period.

1. Product Liability – Indemnification – Liability Insurance

1. If the supplier is responsible for a product defect, he shall indemnify us on first demand against claims for damages by third parties to the extent that the cause lies within his sphere of control and organization and he is liable in relation to third parties.
2. As part of his liability under the above, the supplier must also reimburse us for any expenses under §§ 683, 670 BGB or §§ 830, 840, 426 BGB arising from or in connection with a recall carried out by us. We will inform the supplier of the content and scope of the recall measures as far as possible and reasonable and give him the opportunity to comment. Other legal claims remain unaffected.
3. The supplier undertakes to maintain product liability insurance with coverage of €5 million per personal injury/property damage claim (lump sum); if we are entitled to further damages, these remain unaffected. Higher coverage amounts may be agreed individually.

1. Intellectual Property Rights

1. The supplier warrants that no third-party rights within the Federal Republic of Germany are infringed in connection with his delivery.
2. If we are held liable by a third party for this reason, the supplier shall indemnify us on first written request from these claims; we are not entitled to make any agreements with the third party – especially settlements – without the supplier’s consent.
3. The indemnification obligation of the supplier includes all necessary expenses arising for us in connection with third-party claims, including legal costs.
4. The supplier shall take out customary insurance coverage against such risks.
5. The limitation period is ten years from conclusion of contract.

1. Retention of Title – Provision – Tools

1. If we provide parts to the supplier, we retain ownership. Processing or transformation by the supplier is carried out on our behalf. If our reserved goods are processed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of our item (purchase price plus VAT) to the other processed items at the time of processing.
2. If the item provided by us is inseparably mixed with other items not belonging to us, we acquire co-ownership of the new item in the ratio of the value of the reserved item (purchase price plus VAT) to the other mixed items at the time of mixing. If the mixing is done in such a way that the supplier’s item is the main item, it is agreed that the supplier transfers proportional co-ownership to us; the supplier shall hold sole or co-ownership on our behalf.
3. If the security rights to which we are entitled according to paragraphs 1 and/or 2 exceed the purchase price of all our unpaid reserved goods by more than 10%, we shall release the security rights at the supplier’s request and at our discretion.

• Confidentiality

1. The supplier is obliged to keep all received images, drawings, calculations, and other documents and information strictly confidential. Disclosure to third parties requires our express written consent. The confidentiality obligation continues after completion of the contract; it expires when and to the extent that the manufacturing knowledge contained in the provided documents becomes public knowledge.
2. Third parties employed by the supplier for fulfilling contractual obligations must be bound accordingly. In case of breach of this obligation, we may demand immediate surrender and assert claims for damages.

• Miscellaneous

1. If the supplier is a merchant, our company’s registered office is the place of jurisdiction; however, we are entitled to bring action against the supplier at his place of business.
2. Unless otherwise agreed, the place of performance for the delivery is our company’s registered office.
3. If individual provisions of the contract are legally ineffective, the remainder of the contract remains effective; the ineffective provision shall be replaced by one that comes closest to the intended commercial purpose.
4. All agreements between the supplier and us must be in writing; this also applies to amendments or supplements before or after the conclusion of the contract. Written form is also required for waiving this written form clause.
5. This contract is governed exclusively by German law, excluding the international sales law CISG.

GENERAL TERMS AND CONDITIONS OF ENWITEC GMBH FOR REPAIR / SERVICE ACTIVITIES

I.

1. Scope of Application

These General Terms and Conditions apply to repair and service work carried out by the contractor, enwitec electronic GmbH, both for systems and devices supplied by the contractor itself and for systems and devices supplied to the customer by third parties.

In the following, only the term “repair” will be used; all terms also apply to pure service work without repair activities.

1. Contract Formation

1. The content of the contract and the scope of the repair to be performed are governed solely by the contractor’s written order confirmation.
2. If an order confirmation is issued in writing and remains uncontested, it is deemed authoritative for the content and scope of the contract.
3. If the item to be repaired was not supplied by the contractor, the customer must point out any existing industrial property rights relating to the item; if the contractor is not at fault, the customer shall indemnify the contractor against any third-party claims arising from such property rights.

• Unfeasible Repair

1. The services rendered to prepare a cost estimate and any further incurred and documented efforts (fault-finding time equals working time) will be invoiced to the customer if the repair cannot be carried out for reasons beyond the contractor’s control, particularly when:
2. the reported fault could not be found during inspection,
   
   
3. replacement parts are unavailable,
4. the customer has culpably missed the agreed appointment,
5. the contract is terminated during execution.
6. The repair item will only be restored to its original condition at the customer’s express request and against reimbursement of the associated costs, unless the work performed was unnecessary.
7. In the case of an unfeasible repair, the contractor is not liable for damage to the item, breach of ancillary contractual obligations, or damages not directly related to the item, regardless of the legal basis. However, the contractor is liable for intent, gross negligence on the part of the owner/organs or senior executives, and culpable breach of essential contractual obligations. In the case of a breach of essential contractual obligations due to negligence (excluding intent and gross negligence by senior management), liability is limited to foreseeable, contract-typical damages.

1. Customer Cooperation and Technical Assistance for Off-Site Repairs

1. The customer shall support the repair personnel at their own expense.
2. They must take any necessary measures to protect persons and property at the repair site. They must inform the repair supervisor of any relevant safety regulations and notify the contractor of any violations. In severe cases, they may deny access to violators in coordination with the supervisor.
3. The customer must provide technical assistance at their own expense, including but not limited to:
   
   1. Provide the necessary and suitable support personnel in the required number and for the necessary duration; these support personnel must follow the instructions of the repair supervisor. The contractor assumes no liability for the support personnel. If defects or damage arise from actions taken under the repair supervisor’s instructions, the provisions in Sections X and XI shall apply accordingly.
   2. Perform all construction, bedding, and scaffolding work, including procurement of the required construction materials.
   3. Provide the necessary fixtures and heavy tools as well as essential supplies and materials.
   4. Provide heating, lighting, operating power, and water, including necessary connections.
   5. Provide dry and lockable storage space for the repair personnel’s tools.
   6. Protect the repair site and materials from any harmful influences; clean the repair site.
   7. Provide suitable, secure break rooms and workspaces (with heating, lighting, washing facilities, sanitary equipment) and first aid for the repair personnel.
   8. Provide materials and carry out all other necessary actions required for adjusting the repair object and conducting any contractually agreed testing.
4. The customer’s technical assistance must ensure that the repair can begin immediately upon arrival of the repair personnel and be carried out without delay until final acceptance by the customer. If special plans or instructions from the contractor are required, the contractor will provide them to the customer in a timely manner.
5. If the customer fails to meet their obligations, the contractor is entitled, but not obligated, to carry out the necessary actions in place of the customer and at the customer’s expense after setting a deadline. The contractor’s legal rights and claims remain unaffected.

1. Repair Timeframe and Delays

1. Any stated repair timeframes are estimates and are therefore non-binding.
2. The customer may request a binding repair timeframe, explicitly designated as such, only after the scope of the work has been clearly determined.
3. A binding repair timeframe is considered met if the repair object is ready for handover to the customer or for contractually agreed testing by the deadline.
4. If additional or extended work is ordered later, or if unforeseen additional repairs are necessary, the agreed repair timeframe will be extended accordingly.
5. The contractor may, without prejudice to their rights resulting from the customer’s delay, request an extension of the deadline if the customer does not fulfill their contractual obligations, particularly those set forth in Section IV of these General Terms and Conditions.
6. The contractor is not liable for impossibility of performance or delays in performance due to force majeure or other events that could not be foreseen at the time of service (e.g., operational disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labor, energy, or raw materials, difficulties obtaining necessary governmental permits, governmental actions, travel warnings, or delays/failures in delivery by suppliers, pandemics, epidemics, outbreaks, or official orders such as quarantine requirements) and that are not the contractor’s fault.
   If such events substantially hinder or render the contractor’s service impossible and the obstacle is not merely temporary, the contractor is entitled to withdraw from the contract. For temporary obstacles, the performance deadlines will be extended or rescheduled by the duration of the hindrance plus a reasonable restart period. Any contractual penalties agreed upon will be suspended for this period.

1. Acceptance
   
   

1. The customer is obligated to accept the repair work as soon as they have been notified of its completion and any contractually agreed testing of the repaired item has taken place. If the repair is found to be non-compliant with the contract, the contractor is obliged to correct the defect. This obligation does not apply if the defect is insignificant to the customer’s interests or is due to a circumstance attributable to the customer. In the case of a non-substantial defect, the customer may not refuse acceptance.
2. If the customer is requested by the service personnel to accept the repair but fails to do so in the presence of the personnel, the customer must bear the additional costs for a return visit required to rectify the defect. This does not apply if the customer can prove that they were not yet obligated to accept or that immediate acceptance would have been unreasonable.
3. If the acceptance is delayed without fault on the part of the contractor, it shall be deemed to have taken place two weeks after the notification of the completion of the repair.
4. Upon acceptance, the contractor’s liability for visible defects ceases, unless the customer has explicitly reserved the right to claim a specific defect.

• Retention of Title and Extended Right of Lien

1. The contractor retains ownership of all accessories, replacement parts, and exchange components used until all payments arising from the repair contract have been received. Additional security agreements may be made.
2. The contractor has a right of lien on the customer’s repaired item, which came into their possession under the contract, due to claims arising from the repair contract. This right of lien can also be asserted for claims from previous work, parts deliveries, or other services, insofar as they relate to the repaired item. For other claims from the business relationship, the right of lien applies only if those claims are undisputed or legally established.

• Retention and Set-Off

The customer may only set off claims against the repair price with counterclaims that are undisputed or legally binding.

The customer may exercise a right of retention only to the extent that their counterclaim is based on the same contractual relationship.

1. Exclusion of Warranty

1. The contractor has no warranty obligation if the defect is insignificant to the customer’s interests or is due to circumstances attributable to the customer. This applies particularly to parts supplied by the customer.
2. If changes or repairs are improperly carried out by the customer or third parties without the contractor’s prior approval, the contractor’s liability for any resulting consequences is nullified. Only in urgent cases involving a risk to operational safety or to prevent disproportionately large damage—provided the contractor is immediately informed—or if the contractor fails to remedy a defect within a reasonable deadline (except in legally exempt cases), may the customer, under legal provisions, rectify the defect themselves or have it rectified by third parties and claim reimbursement of the necessary costs from the contractor.

1. Liability of the Contractor, Disclaimer

1. If parts of the repair item are damaged due to the contractor’s fault, the contractor must either repair them at their own expense or supply replacements, at their discretion. Liability is limited to the contractual repair price. Additionally, Section IX applies.
2. For damages not affecting the repaired item itself, the contractor is liable—regardless of the legal grounds—only in cases of:
3. intent,
4. gross negligence by the owner, executive bodies, or senior employees,
5. culpable injury to life, body, or health,
   
   
6. defects fraudulently concealed,
7. guarantees explicitly given,
8. and where liability is imposed under the Product Liability Act for personal injury or property damage to privately used items.
9. In cases of culpable breach of essential contractual obligations, the contractor is also liable for gross negligence by non-executive employees and for slight negligence, though in the latter case liability is limited to foreseeable damage typical of the contract. Further claims are excluded.

1. Limitation Period

All claims by the customer—regardless of legal grounds—expire after 12 months. The statutory limitation periods apply for claims under Section IV.3 a–d and f. If the contractor performs repair work on a structure and thereby causes defects, the statutory limitation periods also apply.

• Applicable Law and Jurisdiction

1. All legal relationships between the contractor and the customer are governed exclusively by the laws of the Federal Republic of Germany applicable to domestic parties.
2. The place of jurisdiction is the court responsible for the contractor’s registered office. However, the contractor is entitled to file a lawsuit at the customer’s principal place of business.
3. All agreements between contractor and customer must be made in writing. This also applies to all amendments and/or additional agreements made before or after the conclusion of the contract. The written form requirement also applies to any waiver of this clause.
4. If individual provisions of the contract are found to be invalid, the remainder of the contract remains valid. The invalid provision shall be replaced with one that most closely reflects the economic intent.

DISCLAIMER

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The use of contact data such as postal addresses, telephone and fax numbers, and email addresses published within the legal notice or similar sections by third parties for sending unsolicited information is prohibited.
Legal action against senders of so-called spam emails in violation of this prohibition is expressly reserved.

IV. Legal Validity of This Disclaimer

This disclaimer is to be regarded as part of the internet offering from which reference was made to this page.
If sections or individual terms of this statement do not, no longer, or do not fully comply with the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.
Invalid parts shall be replaced by provisions that most closely reflect the original intent.