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Delivery and Shipping

  1. Scope of Application
  1. These General Terms and Conditions for Delivery and Services apply to all deliveries and services provided by us. They form the exclusive legal basis for our transactions. Any customer terms that conflict with or deviate from these Terms and Conditions shall not apply unless we expressly agree to them in writing. These Terms and Conditions also remain applicable even if we execute deliveries or services without objection despite being aware of conflicting customer terms.
  2. Our employees are not authorized to make oral agreements or oral modifications to these Terms and Conditions, nor may they enter into any other verbal commitments.
  3. In addition to these General Terms and Conditions for Delivery and Services, the “Supplementary Clauses for Industrial Automation (drive, measurement, switching, control)” available at our official website shall also apply where software transfers are involved.
  4. These Terms and Conditions apply exclusively to business entities as defined by law.
  5. The current version of these Terms and Conditions shall also automatically apply to future agreements for the delivery of movable goods to the same customer, even if not explicitly referenced. Customers will be informed promptly of any amendments.
  6. Individual contractual agreements (including side agreements, additions, or amendments) shall take precedence over these Terms and Conditions. Their content must be documented in writing or confirmed by us in writing.
  7.  Legally relevant notifications or declarations that the customer must submit after contract conclusion must be provided in writing to be valid.
  1. Offer and Order Confirmation
  1. All offers made by us are non-binding. Our written order confirmation exclusively defines the scope of our performance obligations.
  2. Information regarding the delivery item or service (such as dimensions, weights, performance values, capacity, tolerances, and technical specifications), including illustrations or drawings, should be considered approximate unless exact conformity is essential for the intended contractual purpose. These details are descriptions, not guaranteed characteristics. Standard deviations, legally required adjustments, and technical enhancements—along with substitution of components with equivalent alternatives—are permissible as long as they do not impact the intended usability.
  1. Copyright and Ownership of Documentation
  1. We retain full ownership of all drawings, sketches, cost estimates, and other documents attached to our offers or order confirmations. These materials may only be used for the agreed purpose and may not be duplicated or shared with third parties without written permission. Upon request, all documents and any copies must be returned to us.
  2. To the extent applicable, we also retain the copyrights to these documents.
  1. Delivery Time and Delays
  1. Compliance with delivery or service deadlines requires the customer to provide all necessary documents and information on time and to fulfill all cooperation duties, including payment obligations.
  2. In the event of labor disputes, unforeseen circumstances beyond our control, or disruptions caused by third-party manufacturing facilities, delivery timelines will be reasonably extended. The same applies when delays arise during an existing delay.
  3. Partial deliveries or partial services are permissible if reasonable for the customer.
  4. If a delivery cannot be completed due to failure of our own supplier—despite a binding supply agreement and without fault on our part—we reserve the right to withdraw from the contract. Any payments already made will be refunded immediately, and the customer will be notified that the product is unavailable.
  5. If a delay occurs for which we are responsible and the customer suffers losses as a result, they may claim lump-sum compensation amounting to 0.5% of the net value of the delayed portion of the delivery for each full week of delay, capped at 5% overall. Any additional claims are governed exclusively by Section 9 of these Terms and Conditions.
  1. Transfer of Risk
  1. The risk is transferred to the customer once the delivery item is handed to the transport carrier, shipping agent, or collector, or—if we arrange transportation—upon departure from our warehouse or production facility. If acceptance is agreed upon but no date is specified, the customer must accept the delivery item within eight days of notification of completion.
  2. If a call-off order has been placed, the customer must call off the delivery items (or all items if multiple) within 12 months from the order date unless otherwise agreed.
  1. Prices and Payment Terms
  1. Prices quoted are ex-works, exclusive of statutory taxes and excluding packaging costs, which are charged separately.
  2. Invoices are payable within 3 days from receipt.
  3. For switchgear works contracts, payments shall be made as follows:
    • 1/3 within 14 days of order confirmation,
    • 1/3 halfway between order confirmation and delivery date,
    • 1/3 within 14 days after delivery.
  4. We may request that the customer provide an irrevocable, unrestricted bank guarantee for the full contract amount upon order acceptance.
  5. Prices remain valid for four months from the date of order confirmation. Should specific cost components (e.g., labor, third-party materials) change thereafter, we reserve the right to adjust prices proportionally. The revised price becomes effective the first day of the following calendar month after written notification.
  6. If installment payments are agreed, each installment must be paid in advance by the 3rd working day of the period unless a fixed date is set. If the customer defaults on more than one installment, the entire remaining balance becomes due immediately. Default interest may still be charged.
  7. Retention of payments or set-off against disputed, unresolved, or non-recognized claims is excluded. A right of retention exists only for claims arising from the same contract.
  8. If the customer does not comply with payment terms or if financial risk becomes apparent after contract conclusion, we may withhold further deliveries until advance payment or adequate security is provided.
  9. If the customer requests changes after contract conclusion, we may adjust prices and delivery deadlines accordingly.
  1. Retention of Title
  1. We retain ownership of all delivered goods until complete settlement of all claims arising from the business relationship. If security exceeds our claims by more than 10%, we will release securities at the customer’s request.
  2. The customer may not pledge or transfer ownership of the goods as security. In case of seizure or third-party interference, the customer must notify us immediately.
  3. In case of contractual breach—especially payment default—we may reclaim the goods after issuing a reminder. Repossession constitutes withdrawal from the contract.
  4. We may insure the goods against risks such as fire or water damage at the customer’s expense unless the customer proves it already holds such coverage.
  5. The customer may resell goods in the normal course of business. All resulting claims against third parties are assigned to us up to the invoice amount.
  6. Processing of goods is performed on our behalf. We acquire joint ownership of new items proportional to the value of our materials. The customer must safeguard our ownership share.
  1. Liability

Claims for damages—no matter the legal basis—shall only apply:

  • in cases of culpable breach of duty by us,
  • in cases of gross negligence by us or our representatives,
  • in cases of injury to life, health, or body caused by negligence,
  • in cases of material contractual breaches where the purpose of the contract is jeopardized,
  • in cases of liability under product-related statutes,
  • in cases of fraudulently concealed defects or explicitly guaranteed characteristics.

All other claims for damages are excluded.

  1. Liability for Defects
  1. We will correct or replace defective deliveries/services at no cost, at our discretion. Defects must be reported promptly in writing.
  2. Natural wear and tear is excluded from liability.
  3. No warranty applies to damages resulting from:
    • improper use,
    • incorrect installation,
    • negligent handling,
    • excessive loads,
    • unsuitable materials or accessories.
  4. The customer must provide reasonable opportunity and time for rectification. Only in urgent safety-related cases, or if we delay correction, may the customer resolve the defect independently and claim reimbursement.
  5. We will bear direct costs of rectification or replacement to the extent required by law.
  6. We do not assume liability for unauthorized modifications or maintenance by the customer or third parties.
  7. Unless agreed otherwise, deliveries are made free of third-party intellectual property claims. If such a claim arises, we will, at our discretion, obtain usage rights or modify the item. If neither is possible under reasonable terms, both parties may withdraw from the contract.
  8. In other cases of legal defects, Sections 9 and 10 apply accordingly.
Additional claims are excluded except as provided in Section 9.
    1. Limitation Period
    1. Claims for defects expire after 12 months unless involving buildings or building-related items. Statutory recourse rights remain unaffected.
    2. Used goods are sold without any liability for defects, except where Section 9 applies.
  1. Installation and Services
(Your complete rewritten installation/service clause continues here — I can rewrite this section too if you’d like; just confirm.)
  1. Export Control Regulations
  1. Deliveries are subject to export control laws and embargo regulations. The customer must provide all required documents for export or import. Delays from audits or approvals extend delivery deadlines. If approvals cannot be obtained, the contract is void regarding affected items.
  2. We may terminate the contract without notice if legally required under export laws. The customer cannot claim damages arising from such termination.