1. Scope of application

The General Terms and Conditions (GTC) apply to all deliveries and services. In addition, the current version of the VOB (German Construction Contract Procedures) applies. Any changes or deviations from these terms and conditions must be agreed in writing. We do not recognize any terms and conditions of our clients/customers or business partners that differ from these terms and conditions.

2. Offers and offer documents

Offers are valid for a period of 30 calendar days, unless otherwise expressly agreed in writing. The documents relating to the offer, such as illustrations, drawings, weights, and dimensions, are approximate unless they are expressly designated as binding. The contractor reserves the right of ownership and copyright to drawings and other documents.

3. Order placement

Orders shall only be deemed to have been placed once the contractor has confirmed the order in writing; this also applies to orders placed through representatives. The contractor shall not be liable for errors resulting from documents submitted by the client (e.g. drawings) or from unclear or verbal information. Production shall only commence after the client has given written approval of the documents sent by the contractor. The contractor shall not be liable for delays in delivery resulting from a lack of written approval. The documents relating to the order, such as illustrations, drawings and weight specifications, are only approximate. The information is not to be understood as a guarantee of the properties of our products. The information does not release the client from the responsibility of checking our information and recommendations for their own use before using them.

4. Withdrawal from the order

Withdrawal from the order after confirmation by the contractor is possible if the costs incurred up to that point are borne by the client. Custom-made products are manufactured according to the client's specifications and instructions; return of the delivered order is excluded.

5. Prices

Prices are ex works, excluding freight or shipping costs and packaging. Value added tax at the statutory rate shall be added to the prices. In the event of increases in material or labour costs occurring after conclusion of the contract and before fulfilment of the order, the contractor reserves the right to charge according to the daily prices applicable at the time of final approval.
Services not expressly quoted in the offer that are necessary for the execution of the order or are carried out at the request of the client will be invoiced additionally. 
The prices are for regular working hours and work performance. For overtime, night, Sunday and public holiday hours, as well as for work under difficult conditions, the corresponding surcharges will be added to the hourly rate.

6. Payment

The following terms of payment apply: 40% of the order amount is payable upon placing the order and 60% upon notification of readiness for delivery upon invoicing, without any deductions – unless otherwise expressly agreed in writing. In the event of late payment, the contractor is entitled to withhold delivery (§ 273, § 320 BGB). If the payment deadlines are exceeded by more than fourteen calendar days, the contractor is entitled, after unsuccessful reminder, to charge default interest at a rate of 5% above the respective discount rate of the Bundesbank.
If the payer fails to comply with the terms of payment, all outstanding claims from this order shall become due immediately. After the fruitless expiry of a reasonable grace period set by the contractor, the contractor shall be entitled to terminate the contract, cease work, invoice all services rendered to date, and claim damages.

7. Delivery and assembly

Delivery ex works is always at the recipient's own risk. If the execution or completion of the work is delayed for reasons for which the client is responsible, the contractor shall be released from the obligation to comply with the agreed delivery dates. If the client does not remedy the situation immediately at the contractor's request, the contractor may demand compensation or set the client a reasonable deadline for fulfilling the contract and, if this deadline expires without result, withdraw from the contract. In the event of termination of the contract, the contractor shall be entitled to compensation for all expenses incurred to date. 
Cases of force majeure (e.g. industrial disputes and other unforeseeable events) in the contractor's business or that of one of its subcontractors shall release the contractor from its obligation to meet the delivery deadline or, in the event that delivery or performance becomes impossible, entitle it to withdraw from the contract in whole or in part. In such cases, the supplier shall immediately inform the client of the occurrence of the event in question.
If necessary, the client is obliged to provide technical assistance for installation work (e.g. foundations, lifting equipment, recreation and social rooms, electricity and water connections) at his own expense. The machine and plant components supplied by us comply with the safety regulations of the Machinery Directive. The customer is responsible for proper operation and safety at the installation site.

8. Acceptance

Acceptance of deliveries or services must take place immediately after completion has been notified. This also applies to self-contained partial services or deliveries. Acceptance of the work may not be refused on the grounds of minor defects. Minor defects are defined as minor remaining work or minor defects that do not impair the safe operation or functionality of the system. Due to natural fluctuations in the properties of the raw materials used (e.g., moisture or bulk density), the performance parameters of our machine and system technology may be subject to deviations. If the customer has started using the deliveries or services or part thereof, acceptance shall be deemed to have taken place after fourteen calendar days, unless the customer has submitted a written notice of defects. Upon commissioning or acceptance, the risk shall pass to the customer.

9. Warranty

A warranty period of 12 months from commissioning or acceptance applies. The assertion of obvious defects after acceptance is excluded. Other notices of defects are subject to the statutory periods. Changes made to deliveries or services in advance and without the contractor's consent exclude any legal claim for rectification of defects. The contractor must be given the opportunity to inspect the goods on site. In the event of a justified complaint, rectification shall be carried out within a reasonable period of time.

10. Damages

The contractor's liability is governed exclusively by these general terms and conditions (GTC). All claims not expressly granted—including claims for damages, regardless of their legal basis—are excluded, unless they are based on an intentional or grossly negligent breach of contract by the contractor, a legal representative, or a vicarious agent.

11. Retention of title

The deliveries or services remain the property of the contractor until all payments under the contract have been received. In the event of breach of contract by the client – in particular in the event of default in payment – the contractor is entitled to take back the goods after issuing a reminder and the client is obliged to surrender them. The costs arising from this shall be borne by the client, as shall the costs of insuring the delivered items or services. The client may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, the client must notify the contractor immediately.

12. Processing clause

When processing goods that are still owned by third parties, the contractor acquires co-ownership of the new items. The extent of this co-ownership is determined by the ratio of the invoice value of the goods delivered by the contractor to the invoice value of the remaining goods.

13. Advance assignment

The client hereby assigns to the seller the claims arising from the resale of the goods subject to retention of title, even if the goods have been processed. If, in addition to the contractor's goods subject to retention of title, the processed product contains only items that either belonged to the client or were delivered under so-called simple retention of title, the client shall assign the entire purchase price claim to the contractor. In the other case, i.e. if advance assignments to several suppliers coincide, the contractor is entitled to a fraction of the claim corresponding to the ratio of the invoice value of its goods subject to retention of title to the invoice value of the other processed items.

14. Over-collateralisation clause

Insofar as the contractor's total claims are undoubtedly secured by such assignments to more than 120%, the surplus of outstanding amounts shall be released at the client's request after selection by the contractor.

15. Place of jurisdiction

The place of performance and jurisdiction is the registered office of the contractor's commercial branch in Vechta-Calveslage. The law of the Federal Republic of Germany applies.

16. Severability clause

Should individual provisions of these General Terms and Conditions (GTC) be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the objective pursued by the contracting parties with the invalid or unenforceable provision. The above provision shall apply mutatis mutandis in the event that the General Terms and Conditions prove to be incomplete.

Vechta-Calveslage, October 1, 2025