General Terms and Conditions of Business

1. General
The following terms and conditions shall apply to all quotations, sales and deliveries.
By placing an order the customer declares his full agreement with same. Any divergence from these terms and conditions shall only apply where they are the subject of special agreement and are confirmed by ourselves in writing.

2. Acceptance
Orders shall not be binding on ourselves until confirmed by our company in writing. Instances of force majeure as well as all circumstances which without any fault on our part render execution either impossible or more difficult shall entitle us, including in the case of confirmed orders or those already subject to processing, to the exclusion of claims for compensation, to either withdraw from the contract, to reduce the scope of supply or to defer the date of delivery accordingly.

3. Representatives
Special agreements reached by our representatives shall be subject to written confirmation.

4. Prices
Calculation shall be based on the prices agreed on the date of delivery. Should there be any change in cost relationships during the term of orders or contracts, we reserve the right to conclude new price agreements. Prices are quoted in EURO for delivery ex Stapelfeld near Hamburg and do not include packaging or other costs.

5. Payment
Unless agreed otherwise, our invoices shall become due for payment without deduction on receipt. The Client shall not be permitted to set off unrecognised counterclaims or to withhold payment on such grounds.

Eligible bills of exchange or cheques shall be discounted only by express agreement and shall be accepted only on account of payment and not of performance. Where following conclusion of contract circumstances become known which are liable to adversely affect the Client's creditworthiness, all claims of the Contractor? shall become due for payment irrespective of the term of any discounted bills. Moreover, no security can be requested for our supplies in such case, and we shall be entitled to withdraw from the supply contract and offset the expenditure incurred until that time.

Where the period allowed for payment is exceeded, we shall be entitled without further ado to charge interest on default corresponding in each case to the interest rate incurred for our current credit, in addition to all charges for the issue of payment reminders and other costs resulting thereby.

6. Reservation of title
The supplied goods, which may be resold only in the ordinary course of business, shall remain our property until full payment of the purchase price, including any subsidiary claims, and until the settlement of all claims ensuing from the business relationship. The purchaser shall bear full responsibility, in particular the risk of deterioration of the item in question due to events of whatever nature for the duration of the reservation of title.
In lieu of the goods supplied under reservation of title, where sold before full payment of the purchase price, the corresponding claim against the subsequent holder (second purchaser) shall be hereby assigned to ourselves to the amount of all claims on our part.

7. Liability for material defects / Warranty
A warranty period of 2 years shall be offered for the articles manufactured by ourselves.

In the case of parts repaired and modified by ourselves the warranty period shall be limited to 1 year for the parts used and work performed by our company.

In the case of new and replacement parts the warranty shall commence from the date on which operation starts or 8 months after delivery. The relevant installation and maintenance instructions are included with the products, whereby a detailed version is available for downloading free of charge at (in German). It is essential to comply with the installation and maintenance instructions for all claims.

A liability claim shall be null and void where parts are dismantled on articles supplied by ourselves or where the article or parts have been modified.

Any liability for components supplied by the customer shall be excluded.

We accept no liability for articles which within the specified period are subject to normal wear and tear for the relevant usage period and to which abnormal wear and tear has been caused by improper handling or maintenance/care.

We must be immediately notified in writing of any defects discovered.

Warranty claims of customer
Should any article supplied by ourselves become unfit for use within the above periods, the customer shall be entitled to claim the following:

  • Claim to replacement or rectification:
    We shall at our discretion offer a replacement or effect the rectification of faulty goods.
  • Claim to cancellation where replacement or rectification was not successful:
  • Reimbursement of costs for shipment, installation and dismantling
    We shall bear the costs for the exchange of faulty goods and their shipment to the site of installation provided that we are offered the opportunity of assessing the most favourable alternatives beforehand. In all cases relevant documentary evidence of the costs incurred thereby must be furnished. Any costs for own performance shall be refunded only in prior consultation with our company and subject to written confirmation by ourselves.
  • Claims for compensation
    Claims for compensation relating to collateral and consequential damage shall only be recognised by ourselves where they are directly associated with a fault in a defective part supplied by our company. Consequential damage due to carelessness, improper use or failure to identify defects in a timely manner shall not be recognised on principle. Other claims for compensation (e.g. for lost profit or downtimes) shall be excluded here and shall not form the subject of reimbursement.

The confirmation of material defects and the associated assumption of costs by our company shall not be possible until following detailed fault analysis of the defective part. Should the purchaser insist on advance substitute performance without previous fault analysis, the costs thereby incurred shall with exclusion of liability be charged by ourselves to the full amount.

The maximum amount of liability shall be limited to:

  • Personal injury: € 5,000,000.--
  • Damage to property: € 2,500,000.--

The liability for material defects shall otherwise be governed by the relevant provisions of the German Product Liability Law and of the German Commercial Code.

8. Shipment
Shipment shall be effected for the account and at the risk of the consignee, including with shipment free of all charges for the consignee.

9. Place of performance
The place of performance for delivery and payment and the legal venue for all disputes ensuing from the contractual relationship shall be Hamburg for all parties concerned.

10. Application
The present terms and conditions shall also apply, unless agreed otherwise, to future transactions.

11. Severability
Should individual provisions be or become invalid either partially or their entirety, or should said provisions be incomplete, the validity of the other provisions shall remain unaffected thereby. To replace the invalid provision or to complete the omission an appropriate clause shall be adopted which, as far as legally possible, comes closest to the intention? of the present "General Terms and Conditions of Business".