General Terms and Conditions

The VDMA (German Engineering Federation) conditions apply. Our terms and conditions are divided into two main parts: Conditions for the delivery of machinery and conditions for repairs.

Download complete terms and conditions:

• VDMA Conditions for Delivery of Machinery (PDF, German)
• VDMA Conditions for Repairs (PDF, German)
• VDMA Conditions for Installation (PDF, German)

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Summary of Key Points

Our terms and conditions are based on the VDMA conditions (Association of German Machinery and Plant Manufacturers) and regulate the following:

• Prices and payment terms
• Delivery times and delays
• Transfer of risk and acceptance
• Retention of title
• Warranty claims and defect liability
• Limitation of liability
• Applicable law and jurisdiction

1. Scope of Application

These General Terms and Conditions apply to all our deliveries, services, and offers. Conflicting or deviating conditions of the customer are only recognized if we have expressly agreed to their validity in writing.

Our terms and conditions also apply to all future business relationships with the customer, even if they are not expressly agreed upon again.

2. Quotations and Conclusion of Contract

Our quotations are subject to change and non-binding unless expressly designated as binding. Orders only become binding upon our written confirmation or by execution of the order.

Technical data, illustrations, drawings, and specifications in catalogs and brochures are only binding if expressly agreed upon in writing.

3. Prices and Payment Terms

Unless otherwise agreed, our prices are ex works, excluding packaging and plus the applicable statutory value-added tax.

Payment terms:
Payments are due within 30 days of the invoice date without deduction. In the event of default, we are entitled to charge default interest at the applicable statutory rate.

We reserve the right to make deliveries only against advance payment or to demand reasonable security if, after conclusion of the contract, we become aware of circumstances that significantly reduce the customer's creditworthiness.

4. Delivery Time and Delay

Delivery times are only binding if expressly confirmed in writing as binding. Delivery periods begin on the date of our order confirmation, but not before all technical and commercial details have been clarified and all obligations of the customer have been fulfilled.

Force majeure:
In the event of force majeure, labor disputes, operational disruptions, or other circumstances beyond our control, delivery periods are extended accordingly. We will inform the customer immediately of such circumstances.

Partial deliveries are permissible to a reasonable extent and can be invoiced separately.

5. Transfer of Risk and Acceptance

The risk passes to the customer upon handover to the carrier or freight forwarder, but at the latest upon leaving the warehouse. This also applies to partial deliveries and when we have assumed other services, such as shipping costs or delivery.

If dispatch or delivery is delayed for reasons for which the customer is responsible, the risk passes to the customer on the day on which the goods are ready for dispatch.

Packaging is only taken back if expressly agreed and if this is required by law.

6. Retention of Title

We retain title to the delivered goods until full payment of all claims arising from the business relationship with the customer has been received.

The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. However, the customer hereby assigns to us all claims arising from the resale to the amount of our claims.

Processing or transformation of the goods subject to retention of title is always carried out for us. If the goods are processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of our goods to the other processed items at the time of processing.

7. Warranty and Defect Liability

We provide warranty for defects by remedying the defect (rectification) or by replacement delivery at our discretion. The warranty period is 12 months from transfer of risk.

Notification of defects:
The customer must inspect the goods immediately upon delivery and notify us in writing of any defects without delay, but no later than 7 days after delivery. Hidden defects must be reported immediately after discovery.

Exclusion of warranty:
The warranty does not apply if:

• The defect is due to improper use or storage by the customer
• Natural wear and tear is present
• Modifications have been made to the goods without our consent
• Repair attempts have been made by unauthorized third parties
• Operating instructions have not been followed

If the rectification fails twice, the customer may, at their discretion, demand a reduction in price or withdraw from the contract. Claims for damages are governed by Section 8.

8. Liability

Our liability for damages, regardless of the legal basis, is limited to intent and gross negligence. This does not apply to damages resulting from injury to life, body, or health, or to the breach of essential contractual obligations (cardinal obligations).

Limitation of amount:
In the case of simple negligence, liability for property damage and consequential financial loss is limited to the foreseeable damage typical for the contract, maximum to the order value.

Product Liability Act:
Liability under the Product Liability Act remains unaffected.

Claims for damages expire 12 months after transfer of risk. This does not apply to claims based on intent or gross negligence.

9. Limitation Period

All claims of the customer against us and our vicarious agents, regardless of the legal basis, expire 12 months after transfer of risk. This does not apply to:

• Claims under the Product Liability Act
• Claims for damages from injury to life, body, or health
• Claims for damages from intentional or grossly negligent breach of duty
• Claims arising from defects that we have fraudulently concealed
• Claims for which a longer limitation period is prescribed by law

10. Software Usage Rights

If software is included in the scope of delivery, the customer is granted a non-exclusive, non-transferable right to use the software, including its documentation. The software may only be used on the designated equipment.

The customer may only copy, process, or translate the software to the extent permitted by law. The customer undertakes not to remove manufacturer information, in particular copyright notices, or to change them without our prior express consent.

11. Data Protection

We process personal data in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR). Details can be found in our privacy policy.

12. Applicable Law and Jurisdiction

Applicable law:
German law applies exclusively to all legal relationships between us and the customer. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Place of jurisdiction:
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Hamburg, Germany. We are also entitled to sue at the customer's general place of jurisdiction.

13. Special Conditions for Repairs

For repair work, the following special conditions apply in addition to the above provisions:

• Cost estimates are non-binding unless expressly agreed otherwise
• If the actual costs exceed the estimate by more than 15%, we will inform the customer before continuing the work
• Replaced parts become our property unless the customer requests their return at their own expense
• The customer bears the risk of transport to and from the repair location
• If the customer is in default of acceptance, we are entitled to store the goods at the customer's expense and risk

14. Miscellaneous

Offsetting and retention:
The customer is only entitled to offset if their counterclaims have been legally established, are undisputed, or have been acknowledged by us. The customer is only entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.

Export control:
The customer is obliged to comply with all applicable export control regulations when reselling our products. This applies in particular to the export control regulations of Germany, the European Union, and the United States.

Severability clause:
Should individual provisions of these terms and conditions be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

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Note: This is an English translation of our German General Terms and Conditions for informational purposes. In case of discrepancies, the German version shall prevail. The complete VDMA conditions are available in German as PDF downloads above.

Last updated: February 2025