General Terms and Conditions (GTC)

As is typically the case, well-formulated terms and conditions for purchase, sale, and delivery are not just necessary but crucial. We understand these terms are often overlooked and can conflict with your terms and conditions. However, these GTCs remain of utmost importance until the relevant economic bodies establish standardized general terms and conditions for purchase, sale, and delivery.
Until such regulations are in place, communicating these terms and conditions is not just a matter of prestige but of practical utility; in the event of a legal dispute, these provisions will form the foundation of all our contracts, ensuring their relevance and applicability. We only deliver goods based on the retention of the title, which is explained in more detail below.
We retain ownership of the delivered items until all claims from the delivery contract have been fully paid. If the buyer breaches the contract, we can reclaim the purchased item. The buyer must take care of the purchased items until ownership has been transferred. Specifically, the buyer must insure them adequately against theft, fire, and water damage at their replacement value, at their own expense.
If ownership has not yet been transferred, the buyer must immediately inform us in writing if the delivered item is seized or subjected to other interventions by third parties. If the third party fails to reimburse us for the judicial and extrajudicial costs incurred under § 771 ZPO, the buyer will be liable for any losses we incur. The buyer is also responsible for legal expenses defending our rights to the purchased item.
The buyer is permitted to resell the reserved goods in the ordinary course of business. However, the buyer must assign any customer claims arising from the resale of the reserved goods equal to the final invoice amount agreed upon with us (including VAT). This assignment applies whether the purchased item is resold before or after processing. The buyer remains authorized to collect the claim even after the assignment; however, our right to collect the claim ourselves is not affected. We will not collect the claim as long as the buyer fulfils their payment obligations from the proceeds received, is not in default of payment, and, in particular, has not filed for insolvency or suspended payments.
Any processing or transformation of the purchased items by the buyer will be done in our name and on our behalf. In such cases, the buyer’s right to the object of sale will continue in the transformed item. Suppose the purchased item is processed with other items we do not own. In that case, we will acquire co-ownership of the new item proportionally based on the value of our purchased item relative to the other processed items at the time of processing. The same principle applies in the case of mixing.
Suppose the mixing occurs so the buyer’s item is considered the primary item. In that case, it is agreed that the buyer will transfer proportional co-ownership to us, maintaining sole ownership or co-ownership on our behalf. To secure our claims against the purchaser, the buyer also assigns to us any claims that accrue against a third party through the combination of the reserved goods with real property; We hereby accept this assignment.
The place of fulfilment is Bad Laasphe-Hesselbach, and the exclusive place of jurisdiction is the court responsible for Weber Präzisionstechnik. The Federal Republic of Germany law applies, providing a secure legal framework for our business relationship. We trust you share our view and agree to use the statutory provisions. If you hold a different opinion, please inform us immediately.
Any other commercial use, reproduction, or disclosure of these terms and conditions to third parties without our prior written consent is prohibited. It may result in liability for damages and criminal prosecution.
Updated: 01.06.2015