1. Scope of Application
These Terms and Conditions apply to all business relationships between us and our customers in connection with the sale of machine tools, machinery, industrial equipment, and other industrial goods (hereinafter referred to as “goods” or “products”). Our offers and deliveries are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. By placing an order, you confirm that you are acting in the exercise of your commercial or self-employed professional activity.
Diverging terms and conditions of the customer are only recognized if we expressly agree to them in writing. By placing an order or using our services, you accept these Terms and Conditions. They shall also apply to future contracts without the need for further reference to them.
The contractual language is German only. Translations are for information purposes only and are not legally binding.
2. Conclusion of Contract
Our offers are non-binding and subject to change. You may place orders via email or through our online shop and are bound by your order for two weeks. The purchase contract is concluded only through our written order confirmation, including for orders placed via our online shop.
If an item is unavailable (e.g., due to double sales or similar circumstances), we may withdraw from the contract and will inform you immediately. Claims for damages are excluded in this case.
We explicitly reserve the right to correct any errors in technical data, product descriptions, or availability. We describe the goods to the best of our ability; however, the customer is responsible for assessing the actual condition of the goods.
All agreements must be made in writing, including ancillary agreements and subsequent amendments.
3. Prices and Costs
All prices are exclusive of statutory VAT and apply ex location of the goods. Unless expressly agreed otherwise, our scope of performance includes only the loading of the goods onto a suitable means of transport at the place of location. The customer bears all costs for further transport, transshipment, and shipping. The customer is also responsible for all incidental charges such as transport insurance, import duties, customs fees, and other transport-related levies. Additionally agreed services and costs advanced by us will be invoiced to the customer.
4. Payment Terms
Unless otherwise agreed, payment is to be made exclusively in advance. Upon conclusion of the contract, the buyer is obliged to make a down payment of 20% of the invoice amount. The full invoice amount must be paid prior to pickup. For advance payments, we will provide our bank details along with the pro forma invoice. If the down payment is not made within seven days of contract conclusion, we are entitled to withdraw from the contract in accordance with Section 8 and to claim damages.
In our online shop for machine tools, we also offer payment via PayPal. For PayPal payments, your account will be charged upon order placement.
Existing customers, authorities, schools, universities, and similar institutions may place orders on account by prior arrangement. In such cases, the payment term is 14 days after receipt of the invoice without deduction.
Invoices are payable upon receipt without deduction. We reserve the right to withhold goods until full payment has been received. Discounts are only permitted if expressly agreed in writing. In the event of late payment, we charge interest at a rate of 9% above the base interest rate of the European Central Bank after the agreed payment period expires. We reserve the right to assert further claims for default damages.
Offsetting is only permitted with undisputed or legally established counterclaims. You may only exercise a right of retention if it is based on the same purchase contract.
5. Shipping and Transfer of Risk
Unless otherwise agreed, the sale is ex works, free loading onto a suitable means of transport (e.g., truck). Pickup is only possible by prior arrangement with at least 5 days’ notice.
The risk of accidental loss or deterioration of the goods passes to the customer upon handover or, in the case of pickup, upon loading onto the transport vehicle. This also applies if we organize and invoice the transport at the customer’s request.
The customer must report any visible transport damage immediately upon delivery to the carrier and notify us without delay.
Unless otherwise agreed, pickup must take place no later than 6 weeks after conclusion of the contract. After this period, we may charge appropriate storage fees or withdraw from the contract in accordance with Section 8 and claim damages.
6. Warranty and Guarantee
For new goods, the statutory warranty is limited to 12 months. The period begins upon handover of the goods.
For used goods, any warranty and guarantee claims are excluded.
The buyer has the opportunity to inspect the goods and assess their condition before concluding the contract. If the buyer waives this opportunity, the condition of the goods is still deemed contractually agreed upon conclusion of the contract.
Information regarding characteristics—particularly performance, year of manufacture, or condition—does not constitute a quality guarantee within the meaning of Section 443 of the German Civil Code unless expressly and explicitly stated in writing.
This exclusion of warranty does not apply if we have fraudulently concealed defects.
7. Retention of Title
All deliveries are made under retention of title. The delivered goods remain our property until full payment of the purchase price has been received. Goods under retention of title may not be pledged, transferred as security, processed, or resold before full payment. You are obligated to handle the goods with care and to notify us immediately of any third-party access.
In case of breach of contract, especially default in payment, we are entitled to reclaim the goods under retention of title. If insolvency proceedings are filed against your assets, we are entitled to withdraw from the contract and demand the return of the goods.
8. Withdrawal from Contract
If the customer fails to fulfill their payment or pickup obligations, we are entitled to withdraw from the contract after setting a reasonable grace period. In this case, we are entitled to claim lump-sum damages amounting to 20% of the invoice value.
The customer retains the right to prove that no or significantly less damage was incurred. The assertion of further damages remains unaffected.
A grace period is not required where this is provided for by law, especially in the event of a serious and final refusal to perform in accordance with Section 323(2) of the German Civil Code.
9. Return and Right of Withdrawal
The return of goods is excluded. All sales are binding and final. There is no right of withdrawal, as our offers are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code, and therefore the rules on distance selling do not apply.
10. Special Provisions for Intra-Community Deliveries
For VAT-exempt intra-community deliveries, we require your valid VAT ID number before shipment. Without a valid VAT ID, we must invoice German VAT and are not permitted to refund it later. The VAT ID can be entered directly during the checkout process in the online shop.
You are required to complete and return a confirmation of receipt (Gelangensbestätigung) upon request for intra-community deliveries. We usually use the transport documents as proof of delivery to the EU country. If this is insufficient, you are obliged to assist in providing the required confirmation.
11. Export Control and Embargo Regulations
Some of our goods may be subject to national and international export control regulations, particularly the EU Dual-Use Regulation, the German Foreign Trade and Payments Act (AWG), the Foreign Trade and Payments Ordinance (AWV), and, where applicable, embargo regulations of the EU and/or the United States.
If export requires official approval from German authorities, we will obtain such approval. Delivery times will be extended accordingly during the approval process. If approval is ultimately denied, we are entitled to withdraw from the contract. In such cases, liability for damages is excluded unless otherwise required by law.
The customer undertakes to comply with all applicable import regulations of their country and to obtain any necessary permits or registrations independently and in due time. By placing an order, the customer confirms that the import complies with applicable laws and that all necessary permits are in place.
The customer agrees not to resell, deliver, or otherwise make the goods available—either directly or indirectly—to individuals, legal entities, organizations, or institutions in countries subject to embargoes or sanctions by the European Union, Germany, or the United Nations, especially not to Russia, Belarus, North Korea, Iran, Syria, Venezuela, or the Crimea region. This also applies to goods not subject to specific export control regulations.
If the customer violates export or import regulations, particularly by providing incomplete or incorrect information or by failing to meet their obligations, we are entitled to withdraw from the contract. The customer shall reimburse us for any damages or costs incurred as a result.
12. Limitation of Liability
To the extent permitted by law, our liability for damages—regardless of the legal basis—is excluded.
We are only liable for damages resulting from intentional or grossly negligent breaches of duty by us, our legal representatives, or our agents. In the event of simple negligence of essential contractual obligations (cardinal obligations), our liability is limited to the typical and foreseeable damages. In these cases, we are not liable for indirect damages, consequential damages, or lost profits.
Any further liability is excluded. The above limitations do not apply to injury to life, limb, or health, claims under the Product Liability Act, or in the case of fraudulent concealment of defects.
Where our liability is excluded or limited, this also applies to the personal liability of our legal representatives, employees, and vicarious agents.
13. Applicable Law
German law applies exclusively. International legal provisions, in particular the UN Convention on Contracts for the International Sale of Goods (CISG), are excluded.
14. Place of Performance and Jurisdiction
The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
15. Data Protection
We process personal data in the context of the business relationship in accordance with applicable data protection regulations. Detailed information can be found in our separate Privacy Policy on our website.
16. Severability Clause
Should any provision of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to agree on a legally valid provision that most closely reflects the economic intent of the invalid provision.
These General Terms and Conditions were last updated on March 31, 2025.