General terms and conditions of sale and delivery
of
"Ottersbach-Engineering-Services"
Rodland 19 51580 Reichshof-Erdingen
Hereinafter
called "Ottersbach-Engineering-Services" as of: 07/2025
I.
General
1.
The following general terms and conditions of sale and delivery (AVLB) apply
exclusively to the terms and conditions between Ottersbach-Engineering-Services
and our customers. Contradicting or deviating terms and conditions only apply
if they have been expressly confirmed by us in writing. These terms and
conditions of sale and delivery also apply if Ottersbach-Engineering-Services
unconditionally carries out the delivery to the purchaser, knowing that the
terms and conditions of the purchaser contradict or differ from its own terms
and conditions.
2.
By placing an order or accepting services, the customer acknowledges the
validity of our general terms and conditions not only for the business
concerned, but also for all future business.
3.
The faulty transmission of telegraphic, telex or telephone orders and
instructions is at the risk of the buyer.
4.
Changes to the provisions contained in these AVLB and / or the contract must be
made in writing.
II.
Offer and order confirmation
1.
Our offers are subject to change. The properties specified in the service
description comprehensively and conclusively determine the properties of the
delivery item.
2.
Orders, contracts, contract changes or contract supplements and all other
agreements or declarations, including the assurance of properties, are only
binding for us if we have expressly confirmed them in writing.
3.
Ottersbach-Engineering-Services is no longer bound by the offer prices after a
period of four weeks from the date of the offer. The prices on which the offers
are based are exclusive of VAT.
4.
Ottersbach-Engineering-Services reserves title and copyright to the offer
documents, in particular illustrations, drawings, calculations and other
documents. They may not be made accessible to third parties.
III.
Prices
1.
Unless otherwise stated in the order confirmation, deliveries are always made
“ex works” at the prices stated in the order confirmation (plus the statutory
value added tax applicable on the day of invoicing).
2.
All additional costs, such as Unless otherwise agreed, loading, packaging,
transport, installation, installation and assembly are at the expense of the
customer.
3.If
events occur after the conclusion of the contract, which make our production or
shipping costs more expensive, in particular by increasing our purchase prices
or by increasing wages as a result of the wage and salary tariff that applies
to us, Ottersbach-Engineering-Services is entitled to corresponding price
increases ,
IV.
Terms of payment
1.
Payments are to be made without any deductions immediately after delivery or
invoicing. The customer is in default without further explanation from Ottersbach-Engineering-Services
10 days after the due date, unless he has paid. In the case of a contract for
the delivery of machines and systems, 1/3 of the agreed purchase price must be
paid when ordering, another 1/3 within 7 days after notification of readiness
for dispatch and the last 1/3 within 7 days after the invoice date.
2.
The deduction of cash discount requires a separate express agreement.
3.
In the event of defects, the customer is not entitled to a right of retention,
unless the delivery is obviously defective or the customer is obviously
entitled to refuse to accept the delivery. In such a case, the customer is only
entitled to withhold payment insofar as the amount withheld is proportionate to
the defects and the anticipated costs of supplementary performance (in
particular rectification of the defect). The customer is not entitled to assert
claims and rights due to defects if the customer has not made payments due and
the amount due is in a reasonable relation to the value of the delivery or work
that is subject to defects.
V.
Delivery / delivery time / delay
1.
Ottersbach-Engineering-Services is liable in the event of a delay in
performance in the event of intent or gross negligence within the framework of
the statutory provisions. In the event of gross negligence, our liability is
limited to the contractually typical, foreseeable damage; this does not apply
to liability for injury to life, limb or health.
2.
Due to delays in delivery that are not based on intent or gross negligence on
the part of Ottersbach-Engineering-Services, the customer cannot assert any
claims. This applies in particular to delays in delivery due to force majeure.
In these cases, the agreed delivery date or delivery period is postponed
according to the duration of the obstacle to delivery.
3.
Ottersbach-Engineering-Services is only responsible for the timely procurement
of your deliveries / services insofar as it receives the necessary deliveries
and other services (hereinafter referred to collectively as
"deliveries") in good time by concluding appropriate contracts with
suppliers or subcontractors. We will inform the customer in good time about the
unavailability or timely availability of the supplies.
4.
Delivery periods and delivery dates are only binding if they are expressly
agreed in writing in the offer. Ottersbach-Engineering-Services is not bound to
the delivery date or the delivery period if the customer does not meet his
obligations (payment of discounts, provision of required documents etc.) in
good time.
5.
Delivery periods begin at the earliest on the day on which the contract was
concluded in writing. The beginning requires clarification of all technical
questions.
6.
In the event of subsequent changes requested by the customer, Ottersbach-Engineering-Services
is released from observing the delivery date or delivery period.
7.
If the customer defaults on acceptance or if he violates existing obligations
to cooperate, Ottersbach-Engineering-Services is entitled to claim the damage
incurred, including the additional expenses. In this case, when purchasing our
products, the risk of loss or accidental deterioration of the purchased item
passes to the customer at the point in time when he is in default of
acceptance. In addition, we are entitled to set the customer a reasonable
acceptance period and to withdraw from the contract after their fruitless
expiry and to demand compensation instead of the service.
8.
For all deliveries, the risk of transport is transferred to the customer as
soon as the goods have left our factory, regardless of who bears the freight
costs.
9.
If the shipment is delayed due to circumstances for which Ottersbach-Engineering-Services
is not responsible, the risk passes to the buyer from the day the goods are
ready for shipment. Shipments of goods will only be insured by us at the
express request of the customer and then at his expense.
VI.
Retention of title
1.
The delivery item remains the property of Ottersbach-Engineering-Services until
all claims against the customer arising from the business relationship have
been fulfilled. In the event of breaches of duty on the part of the customer,
in particular delay in payment, we are entitled to demand the surrender of the
delivery item and to withdraw from the contract without setting a deadline; the
customer is obliged to surrender the delivery item.
2.
If the delivery item is inseparably mixed or combined with other items not
belonging to Ottersbach-Engineering-Services, the property or co-ownership of
the customer in the new item passes to us as soon as it arises, provided we do
not acquire co-ownership but lose our property.
3.
All claims of the customer from a resale of goods in which we have ownership or
co-ownership (reserved goods) are transferred to us with the conclusion of the
sale transaction in the amount of the invoice value of our goods (including
VAT), regardless of whether the Goods are sold to one or more customers.
4.
Costs for maintenance and inspection work are also to be borne by the customer
during the retention of title, even if they are carried out by Ottersbach-Engineering-Services.
VII.
Warranty for defects
1.
The Ottersbach-Engineering-Services guarantees according to the legal
regulations that the new product is free from material and manufacturing
defects, unless another regulation is made subsequently.
2.
Assurances with regard to the properties of the product can only be given by
the management of Ottersbach-Engineering-Services. They must be in writing and
must be explicitly marked as an assurance.
3.
Warranty rights of the customer only exist if the customer examines the
delivery item immediately after delivery and notifies us of recognizable
defects immediately. If a defect becomes apparent later, this must also be
reported to Ottersbach-Engineering-Services immediately. Otherwise, the
delivery item is also considered approved in view of the defect.
4.
Claims for defects do not exist if there is only an insignificant deviation
from the agreed quality or if the usability is negligibly impaired.
5.
Ottersbach-Engineering-Services is entitled to choose between rectification of
defects and subsequent delivery.
6.
The customer bears the expenses required for the purpose of supplementary
performance insofar as they increase due to the fact that the deliveries or
services are moved to a location other than the customer's branch office,
unless the shipment corresponds to the intended use.
7.
Claims for damages by the customer against Ottersbach-Engineering-Services only
exist under the conditions of section
8.
Further claims by the customer, for whatever legal reason, are excluded. Ottersbach-Engineering-Services
is therefore not liable for any damage that has occurred to the delivery item
itself, in particular for loss of profit or other financial loss at the
customer. This exemption from liability does not apply if the cause of the
damage is based on intent or gross negligence.
VIII.
Claims for damages
1.
Except in cases of intent and gross negligence on our part or a representative
or vicarious agent, Ottersbach-Engineering-Services is only liable according to
the Product Liability Act, because of injury to life, limb or health or because
of culpable violation of essential contractual obligations. The claim for
damages for the violation of essential contractual obligations is, however,
limited to the contract-typical, foreseeable damage if none of the exceptional
cases listed in sentence 1 of this paragraph exists.
IX.
limitation
1.
The limitation period for claims and rights due to defects in the delivery -
for whatever legal reason - is 1 year. However, this does not apply in the
cases of Section 438 (1) No. 1 BGB, Section 438 (1) No. 2 BGB, Section 479 (1)
BGB or Section 634a (1) No. 2 BGB. The periods mentioned in the previous
sentence are subject to the statutory limitation period.
2.
The limitation periods according to paragraph 1 also apply to all claims for
damages against Ottersbach-Engineering-Services that are related to a defect -
regardless of the legal basis of the claim. Insofar as there are claims for
damages of any kind against Ottersbach-Engineering-Services that are not
related to a defect, the limitation period of paragraph 1 sentence 1 applies to
them.
3.
The limitation periods according to paragraph 1 and paragraph 2 do not apply:
a)
in the case of intent.
b)
if Ottersbach-Engineering-Services has maliciously concealed a defect. If Ottersbach-Engineering-Services
has maliciously concealed a defect, the statutory limitation periods apply
instead of the periods specified in paragraph 1.
c)
in cases of injury to life, limb or health or freedom, claims under the Product
Liability Act, grossly negligent breach of duty or violation of essential
contractual obligations.
4.
The limitation period begins with all claims upon delivery. If the customer
owes the acceptance of the item according to the contract, the limitation
period begins with the acceptance.
5.
Unless otherwise stipulated, the statutory provisions on the start of the
limitation period, the expiry date, the suspension and the new start of the
deadlines remain unaffected.
X.
Prohibition of assignment
1.
The assignment of claims by the customer against Ottersbach-Engineering-Services
is only permitted with the written consent of Ottersbach-Engineering-Services.
XI.
final provisions
1.
Applicable law is the national law of the Federal Republic of Germany excluding
the UN sales law.
2.
If the customer is a businessman, the place of business of Ottersbach-Engineering-Services
is the place of jurisdiction. However, we are also entitled to assert our
claims at the place of jurisdiction for the customer.
3.
Unless otherwise stated in the order confirmation, the place of business of Ottersbach-Engineering-Services
is the place of performance.
4.
Should individual provisions be or become wholly or partially ineffective, this
does not affect the validity of the remaining provisions.