General Terms and Conditions for the Sale, Manufacture, Delivery and Assembly of Technical Equipment

§ 1 Scope of Validity, Form

(1) These General Terms and Conditions for the Sale, Manufacture, Delivery and Assembly of Technical Equipment (GTCs) apply to

  • all contracts and other legal relationships between us and the customer ("orderer"), insofar as they concern the sale of movable goods ("goods") to the orderer, irrespective of whether we manufacture the goods ourselves or purchase them from suppliers (§§ 433, 650 BGB [German Civil Code]),
  • all contracts and other legal relationships between us and the orderer, insofar as these relate to the manufacture, delivery and assembly of technical equipment, in particular automatic dispensing systems ("equipment"). The GTCs shall only apply if the orderer is an entrepreneur (§ 14 BGB [German Civil Code]), a legal entity under public law or a special fund under public law.

(2) Unless otherwise agreed, the GCS in the version valid at the time the orderer places their order or in any case in the version last sent to the orderer in writing shall also apply as a framework agreement for similar future contracts without our having to refer to them again in each individual case.

(3) Our GTCs shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the orderer shall only become part of the contract if and to the extent that we have explicitly agreed to their validity. This requirement of consent shall apply in any case, for example even if we provide the service to the orderer without reservation in the knowledge of the orderer's GTCs.

(4) Individual agreements (e.g. framework supply agreements, quality assurance agreements) and specifications in our order confirmation shall take precedence over these GTCs. In case of doubt, commercial clauses shall be interpreted in accordance with the Incoterms® published by the International Chamber of Commerce in Paris (ICC) in the version valid at the time of conclusion of the contract.

(5) Legally relevant declarations and notifications of the orderer with regard to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) shall be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Legal formal requirements and further proof, in particular in the event of doubts about the legitimacy of the person making the declaration, shall remain unaffected.

(6) References to the applicability of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or explicitly excluded in these GTCs.


§ 2 Conclusion of the contract

(1) Our offers are subject to change and non-binding. This shall also apply if we provide the orderer withcatalogs, technical documentation (e.g. drawings, plans, computations, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which we reserve property rights and copyrights. These documents may not be reproduced or made available to other persons, in particular competing companies. This shall also apply to such written documents which are designated as "confidential". The orderer must obtain our express written consent before passing them on to third parties.

(2) Unless expressly designated as binding, technical specifications are only approximate values. Dimensions and weights are subject to the deviations permissible in accordance with the technical rules or the DIN tolerances for dimensions, shape and weight. All other documents such as illustrations and drawings are only approximate unless they are expressly designated as binding. The same applies to plans, sketches and other technical documents, measurement reports, material certificates and photos, samples, catalogs, brochures, illustrations, etc.

(3) The order of the goods or the order for the manufacture, delivery and assembly of equipment by the orderer shall be deemed to be a binding offer of contract. Unless otherwise stated in the order, we shall be entitled to accept this contractual offer within ten days of us receiving it.

(4) Acceptance may be declared either in writing (e.g. by order confirmation) or, in the case of an order for goods, by delivery of the goods to the orderer.


§ 3 Performance period and delay in performance

(1) The time limit for the delivery of goods and for the manufacture, delivery and installation of equipment shall be agreed individually or shall be specified by us upon acceptance of the order or purchase order. If this is not the case, the delivery period in the case of the sale of goods shall be approximately two weeks from the conclusion of the contract; in the case of the manufacture, delivery and assembly of equipment, the performance period shall be approx. 50 weeks from the conclusion of the contract. In the case of the manufacture, delivery and assembly of equipment, the performance period shall commence at the earliest when all technical questions concerning the execution of the respective order have been clarified, all necessary planning documents have been received by us and the orderer has performed the acts of cooperation incumbent upon them.

(2) If we are unable to meet binding performance deadlines for reasons for which we are not responsible (non-availability of the performance), we shall inform the orderer thereof without delay and at the same time notify the orderer of the expected new performance deadline. If the new performance deadline were to lapse with the performance still failing to have been made available, we would be entitled to withdraw from the contract in whole or in part; we would immediately refund any consideration already paid by the orderer. A case of non-availability of the performance in this sense shall be deemed to be in particular the non-timely delivery to us by our supplier if we have concluded a congruent covering transaction; neither we nor our supplier shall be deemed to be at fault, nor shall we be obliged to procure in the individual case.

(3) The occurrence of our delay in performance shall be determined in accordance with the statutory provisions. In any case, however, a reminder from the orderer is required. If we are in default of performance, the orderer may demand lump-sum compensation for the damage caused by the default. The lump-sum compensation shall amount to 0.5% of the net price (delivery value) for each full calendar week of the delay, but in total not more than 5% of the performance value of the delayed goods or equipment. We reserve the right to prove that the orderer has not suffered any damage or that the damage is significantly less than the aforementioned lump sum.

(4) The rights of the orderer pursuant to § 8 of these GTCs and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), shall remain unaffected.

(5) Force majeure, industrial disputes, riots, official measures and other unforeseeable, unavoidable and serious events shall release us from our performance obligations for the duration of the disruption and to the extent of its effect. This shall also apply if these events occur at a time when the orderer concerned is in default. We and our orderers are obliged to provide the necessary information without delay within the scope of what is reasonable and to adjust their obligations to the changed circumstances in good faith.


§ 4 Delivery, Transfer of Risk, Acceptance, Default of Acceptance

(1) If the subject of the contract is the sale of goods, this shall take place from our warehouse, which is also the place of performance for the delivery and any subsequent performance in this respect. At the request and expense of the orderer, the goods shall be shipped to another destination (sale by delivery to a place other than the place of performance). Unless something else has been agreed upon, we are entitled in the event of a sale of goods to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves. The usual costs of packaging shall be borne by the orderer in the case of sale of goods.

(2) In the case of sale of goods, the risk of accidental loss and accidental deterioration of the goods shall pass to the orderer upon handover at the latest. However, in the case of sale of goods by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the orderer upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to effect shipment. Insofar as acceptance has been agreed in the case of the sale of goods, this shall be decisive for the transfer of risk. In all other respects, the statutory provisions of the law on contracts for work and services shall also apply mutatis mutandis to an agreed acceptance. The handover or acceptance shall be deemed equivalent if the orderer is in default of acceptance.

(3) If the subject matter of the contract is the manufacture, delivery and assembly of equipment and if we have notified the orderer of the completion of the manufacture and assembly of the system, the orderer shall be obliged to accept the service provided by us. The orderer shall not be entitled to refuse acceptance on account of an insignificant defect. Acceptance shall be deemed to have taken place two weeks after notification of completion of manufacture, delivery and assembly of the equipment if acceptance is delayed through no fault of our own. If the orderer reserves the right to assert a defect, our liability for recognizable defects shall cease upon acceptance. The risk of accidental loss and accidental deterioration of the plant shall pass over to the order following the orderer's acceptance. The handover or acceptance shall be deemed equivalent if the orderer is in default of acceptance.

(4) If the orderer is in default of acceptance, fails to cooperate or delays our delivery for other reasons for which the orderer is responsible, we shall be entitled to claim compensation for the resulting damage including additional expenses (e.g. storage costs). For this purpose, we shall charge a lump sum compensation in the amount of 0.5% of the net price per calendar week, beginning with the performance deadline or - in the absence of a performance deadline - with the notification of readiness to perform. The proof of a higher damage and our legal claims (in particular to compensation for additional expenses, reasonable compensation, or termination) shall remain unaffected; however, the lump sum shall be offset against further monetary claims. The orderer shall be entitled to prove that we have incurred no damage at all or only significantly less damage than the aforementioned lump sum.


§ 5 Prices and payment terms

(1) Unless otherwise agreed in individual cases, in the case of the sale of goods our prices current at the time of the conclusion of the contract shall apply, namely ex warehouse, plus statutory value added tax. If the subject of the contract is the manufacture, delivery and assembly of equipment, the prices according to our respective offer shall apply. The deduction of a discount requires a special written agreement. We reserve the right to change our prices appropriately if and to the extent that cost reductions or cost increases occur after conclusion of the contract, in particular due to collective wage agreements, changes in material prices or fluctuating exchange rates, which directly affect our cost price. We will prove this to the orderer upon request.

(2) In the case of sale by shipment of goods (§ 4 para. 2), the orderer shall bear the transport costs ex warehouse and the costs of any transport insurance requested by the orderer. Unless we invoice the transport costs actually incurred in the individual case, a flat rate for transport costs (excluding transport insurance) in the amount of one hundred euros shall be deemed agreed. Any customs duties, fees, taxes and other public charges shall be borne by the orderer.

(3) The price in the case of sale of goods is due and payable within 14 days from the date of invoice and delivery or acceptance of the goods. However, we are entitled at any time, even within the framework of an ongoing business relationship, to make a delivery in whole or in part only against advance payment. We shall declare a corresponding reservation at the latest with the order confirmation. Upon expiry of the aforementioned payment period, the orderer shall be in default. During the period of default, interest shall be charged on the price at the statutory default interest rate applicable at the time. If the orderer fails to pay the amount due after a performance period of one month set by us after the expiry of the period referred to in the preceding paragraph, we may, by simple written notice, rescind the contract and claim damages of up to 25% of the value of the part of the delivery item in question resulting from the contract. If we are able to prove a higher damage caused by delay or damage, we are entitled to claim this. However, the orderer shall be entitled to prove to us that we have not incurred any damage or a significantly lower damage as a result of the delay in payment or cancellation of the contract. We reserve the right to assert additional damages caused by default. With respect to merchants, our claim to the commercial interest on maturity (§ 353 HGB [German Commercial Code]) shall remain unaffected.

(4) If the subject matter of the contract is the manufacture, delivery and installation of equipment, the price shall become due after acceptance of the work and receipt of our invoice. The orderer shall not be entitled to withhold payment due to counterclaims of the orderer which are disputed by us.

(5) We accept bills of exchange and checks only on the basis of special agreements and only on account of performance. Discount charges and all costs incurred in connection with the redemption of the bill of exchange and the check shall be borne by the orderer.

(6) We are entitled to demand sufficient securities for our claims at any time. All our claims shall become due immediately, irrespective of the term of any bills of exchange or checks received, if the customer defaults on a claim or breaches contractual agreements, provided that this breach or the claim in default is not merely insignificant, or if there is a significant deterioration in the orderer's financial circumstances which jeopardizes the claim to counter-performance.

(7) If, after conclusion of the contract, it becomes apparent (e.g. by filing for insolvency proceedings) that our claim to the price is jeopardized by the orderer's inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract (§ 321 BGB). In the case of contracts for the manufacture of unjustifiable items (custom-made products), we may declare withdrawal immediately; the statutory provisions on the dispensability of setting a deadline shall remain unaffected.


§ 6 Retention of title and lien

(1) Until full payment of all our current and future claims arising from the contract and an ongoing business relationship (secured claims), we retain title to the goods sold and the equipment manufactured, delivered and assembled by us.

(2) Goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the covered claims. The orderer shall notify us in writing and without undue delay if an application for the opening of insolvency proceedings is filed or if third parties have access to the goods belonging to us (e.g. seizures).

(3) In case of a breach of contract by the orderer, in particular in case of non-payment of the price due, we shall be entitled to rescind the contract in accordance with statutory provisions or/and to demand return of the goods on the grounds of retention of title. The request to return the goods does not simultaneously include a declaration of rescission; we shall, instead, be entitled to request that the goods be returned and to reserve the right of rescission. If the orderer does not pay the price due, we may only assert these rights if we have previously given the orderer a reasonable deadline for payment and such deadline has expired without success, or if setting such a deadline is dispensable under applicable law.

(4) Until revoked in accordance with (c) below, the customer is authorized to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall also apply.

(a) The retention of title shall extend to the products resulting from the processing, mixing or combining of our goods at their full value, whereby we shall be deemed to be the manufacturer. If, in the event of processing, mixing or combining with third-party goods, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Otherwise, the same shall apply to the resulting product as to the goods delivered under retention of title.

(b) The orderer hereby assigns to us by way of security any claims against third parties arising from the resale of the goods or the product in total or in the amount of our co-ownership share, if any, in accordance with the preceding paragraph. We accept the assignment. The obligations of the orderer stated in paragraph 2 shall also apply in respect of the assigned claims.

(c) The orderer shall remain authorized to collect the claim in addition to us. We undertake not to collect the claim as long as the orderer meets their payment obligations towards us, there is no deficiency in their ability to pay and we do not assert the retention of title by exercising a right pursuant to para. 3. If this is the case, however, we may demand that the orderer inform us of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment. In addition, in this case we shall be entitled to revoke the orderer's authorization to further sell and process the goods subject to retention of title.

(d) If the realizable value of the securities exceeds our claims by more than 10%, we shall release securities of our discretion at the request of the orderer.

(5) If the subject matter of the contract is the manufacture, delivery and assembly of equipment, we shall be entitled to a lien on the equipment which has come into the possession of the orderer on the basis of the contract on account of a claim arising from this contract. The right of lien may also be asserted on account of claims arising from services previously performed, insofar as they are related to the respective subject matter of the contract. The right of lien shall only apply to other claims arising from the business relationship insofar as these are undisputed or have become res judicata.


§ 7 Claims for defects of the orderer

(1) The statutory provisions shall apply to the rights of the orderer in the event of material defects and defects of title (including wrong delivery and delivery shortfall as well as improper assembly or defective assembly instructions), unless otherwise stipulated below. If the subject matter of the contract is the sale of goods, the special statutory provisions on the reimbursement of expenses in the event of final delivery of the newly manufactured goods to a consumer (supplier recourse pursuant to §§ 478, 445a, 445b or §§ 445c, 327 para. 5, 327u BGB) shall remain unaffected in all cases, unless an equivalent compensation has been agreed, e.g. within the scope of a quality assurance agreement.

(2) The basis of our liability for defects, both in the case of contracts for the sale of goods and for the manufacture, delivery and assembly of equipment, is above all the agreement reached on the quality of the goods or the equipment. All product descriptions and manufacturer's specifications which are the subject of the individual contract or which were publicly announced by us (in particular in catalogs or on our website homepage) at the time of the conclusion of the contract and the provisions of these GTCs shall be deemed to be an agreement on the quality of the goods or the equipment.

(3) Insofar as the quality has not been agreed, it shall be assessed in accordance with the statutory provisions whether a defect exists or not (§§ 434 para. 3, 633 para. 2 p. 2 and 3 BGB). Public statements made by the manufacturer or on their behalf, in particular in advertising or on the labeling of the goods, shall take precedence over statements made by other third parties.

(4) In the case of the sale of goods, we are liable according to the following provisions:

As a matter of principle, we shall not be liable for defects of which the orderer is aware at the time of conclusion of the contract or is not aware due to gross negligence (§ 442 BGB). Furthermore, the orderer's claims for defects presuppose that they have fulfilled their statutory obligations to examine the goods and give notice of defects (§§ 377, 381 HGB). In the case of goods intended for installation or other further processing, an inspection must in any case be carried out immediately before processing. If the orderer fails to carry out the proper inspection and/or to give notice of defects, our liability for the defect not reported or not reported in time or not reported properly shall be excluded in accordance with the statutory provisions. In the case of goods intended for incorporation, attachment or installation, this shall also apply if the defect only became apparent after the corresponding processing as a result of a breach of one of these obligations; in this case, in particular, the orderer shall have no claims for reimbursement of corresponding costs ("removal and installation costs").

If the goods are defective, we may initially choose whether to provide subsequent performance by remedying the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). Our right to refuse subsequent performance under the statutory conditions remains unaffected.

We shall be entitled to make the subsequent performance owed dependent on the orderer paying the price due. However, the orderer shall be entitled to retain a part of the price which is reasonable in relation to the defect.

The orderer shall give us the time and opportunity required for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes; the time required for subsequent performance shall be up to thirteen weeks after receipt by us of the orderer's notice of defect, although no maximum period is hereby agreed. In the event of a replacement delivery, the orderer shall return the defective goods to us in accordance with the statutory provisions; however, the orderer shall not have a claim for return. Subsequent performance shall not include the dismantling, removal or deinstallation of the defective goods or equipment, attachment or fitting of goods free of defects if we were not originally obliged to perform these services; claims of the orderer for reimbursement of corresponding costs ("dismantling and fitting costs") shall remain unaffected.

(5) If the subject matter of the contract is the manufacture and installation of equipment, we shall be liable in accordance with the following provisions:

If the equipment supplied is defective, we may first choose whether to render subsequent performance by remedying the defect (subsequent improvement) or by producing equipment free of defects (replacement production). Our right to refuse subsequent performance under the statutory conditions remains unaffected.

The orderer shall notify us in writing without delay of any defect discovered. If the defect is insignificant for the interests of the orderer or if it is based on a circumstance attributable to the orderer, liability on our part shall be excluded. This shall also apply to defects and damage caused by the fact that the orderer or third parties have carried out improper modifications or repair work on the equipment manufactured and installed by us without our prior consent.

We shall be entitled to make the subsequent performance owed dependent on the orderer paying the price due. However, the orderer shall be entitled to retain a part of the price which is reasonable in relation to the defect.

The orderer shall give us the time and opportunity required for the subsequent performance owed, in particular to enable us to inspect the equipment complained about; the time required for subsequent performance shall be up to thirteen weeks after receipt by us of the orderer's notice of defect, although no maximum period is hereby agreed.

(6) We shall bear or reimburse the expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs and, if applicable, removal and installation costs, in accordance with the statutory provisions and these GTCs if a defect is actually present. Otherwise, we shall be entitled to demand reimbursement from the orderer of the costs incurred as a result of the unjustified request to remedy the defect (in particular inspection and transport costs), unless the lack of defectiveness was not apparent to the orderer.

(7) In urgent cases, e.g. if operational safety is endangered or to prevent disproportionate damage, the orderer shall be entitled to remedy the defect themself and to demand reimbursement from us of the expenses objectively required to do so. We are to be informed immediately of such a self-execution, if possible in advance. The right of self-execution shall not apply if we would be entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.

(8) If the subsequent performance has failed or if a reasonable period to be set by the orderer for the subsequent performance has expired unsuccessfully or can be dispensed with according to the statutory provisions, the orderer may withdraw from the purchase contract or reduce the price. In the case of an insignificant defect, however, there shall be no right of withdrawal.

(9) Claims of the orderer for damages or reimbursement of futile expenses shall also exist in the case of defects only in accordance with § 8 and shall otherwise be excluded.

(10) No warranty shall be assumed for damage caused by the following reasons: Unsuitable or improper use, faulty assembly or commissioning by the orderer or third parties, natural wear and tear, faulty or negligent handling, in particular excessive stress, unsuitable operating materials, substitute materials, chemical, electrochemical or electrical influences, if this is due neither to improper assembly by us nor to a defect in a manual provided by us.


§ 8 Other liability

(1) Insofar as nothing to the contrary arises from these GTCs including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

(2) We shall be liable for damages – irrespective of the legal grounds – within the scope of fault-based liability in the event of intent and gross negligence. In the event of simple negligence, we shall only be liable, subject to statutory limitations of liability (e.g. care in own affairs; insignificant breach of duty), for

(a) damage resulting in fatal or physical injury or damage to health,

(b) damage arising from the breach of a material contractual obligation (obligation, the fulfillment of which is a prerequisite for the proper performance of the agreement and the observance of which the contractual partner regularly relies on and may rely on); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.

(3) The limitations of liability resulting from para. 2 shall also apply in the event of breaches of duty by or in favor of persons for which we are responsible in accordance with the statutory provisions. They shall not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods or plant and for claims of the orderer under the Product Liability Act.

(4) Due to a breach of duty which does not consist of a defect, the orderer may only withdraw from or terminate the agreement if we are responsible for the breach of duty. A free right of termination of the orderer (in particular according to §§ 650, 648 BGB) is excluded. In all other respects, the statutory requirements and legal consequences apply.


§ 9 Statue of limitations

(1) Notwithstanding Section 438 para. 1 no. 3, the general limitation period for claims arising from material defects and defects of title in the case of the sale of goods shall be one year from delivery. Insofar as acceptance has been agreed in the case of the sale of goods, the limitation period shall commence upon acceptance. Other special statutory provisions on the limitation period (in particular Section 438 para. 1 no. 1.76, para. 3, Sections 444, 445b BGB) shall also remain unaffected.

(2) The above limitation periods shall also apply to contractual and non-contractual claims for damages of the orderer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in the individual case. However, claims for damages by the orderer pursuant to § 8 para. 2 as well as pursuant to the Product Liability Act shall become time-barred exclusively in accordance with the statutory limitation periods.


§ 10 Right of inspection

Insofar as there are no demonstrably confidentiality-related or other important interests of the orderer to the contrary, we may, after prior notification, inspect the equipment manufactured and installed by us at the orderer's premises, take note of the operating results and show the equipment to other prospective orderers.


§ 11 Data protection

Insofar as we receive data from the orderer in connection with the conclusion of a contract and other legal relationships involving the ordering and/or delivery of goods and/or the manufacture and installation of equipment and this data is processed, used or subsequently collected by us, we shall comply with the applicable statutory data protection regulations.

The processing, use or subsequent collection of data is carried out according to the following principles:

(1) For all contractual relationships, such as offers, offer acceptances and order confirmations, we collect the following information from the orderer:

  • Title, first name, last name, company,
  • A valid e-mail address,
  • Address,
  • Telephone number (landline and/or mobile)
  • Information that is necessary for the execution of the order

This data is collected

  • in order to be able to identify the orderer;
  • so that we are able to provide the respective contractual services to the orderer;
  • in order for us to be able to correspond with the orderer;
  • for invoicing purposes;
  • in order to settle any liability claims and assert any claims against the orderer;

The data processing is carried out at the request of the orderer and is necessary according to Art. 6 para. 1 p. 1 lit. b GDPR for the aforementioned purposes for the appropriate processing of the order and for the mutual fulfillment of obligations arising from the contractual relationship.

The personal data collected by us for the execution of the order shall be stored until the expiry of the statutory obligation to retain data and shall then be deleted, unless we are obliged to store the data for a longer period of time pursuant to Article 6 para. 1 sentence 1 lit. c GDPR on the basis of tax and commercial law retention and documentation obligations (from HGB, StGB [German Criminal Code] or AO [German Tax Code]) or the orderer has consented to storage beyond this pursuant to Article 6 para. 1 sentence 1 lit. a GDPR.

(2) The personal data of the orderer will not be transmitted to third parties for purposes other than those listed below. Insofar as this is necessary in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of contractual relationships with the orderer, the orderer's personal data will be passed on to third parties. This includes in particular the transfer to employees of other companies cooperating with us for the purpose of correspondence as well as for the execution of the order. The data passed on may be used by the third party exclusively for the purposes stated.

(3) The orderer has the following rights: 

  • Pursuant to Art. 7 para. 3 GDPR, to revoke consent once given to the entrepreneur at any time. As a consequence, the entrepreneur may not continue the data processing based on this consent in the future;
  • Pursuant to Art. 15 GDPR, to request information about the orderer's personal data processed by us. In particular, the orderer may request information on the purposes of the processing, the category of the orderer's personal data, the categories of recipients to whom your data has been or will be disclosed, the planned duration of storage, the existence of a right of rectification, cancellation, restriction of processing or opposition, the existence of a right of appeal, the origin of the orderer's data, if not collected by the entrepreneur, as well as the existence of automated decision making including profiling and, if applicable, meaningful information on the details thereof;
  • Pursuant to Art. 16 GDPR, to demand without delay the correction of incorrect or incomplete personal data relating to the orderer stored by us;
  • Pursuant to Art. 17 GDPR, to demand the deletion of the orderer's personal data stored with us, unless processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
  • Pursuant to Art. 18 GDPR, to demand the restriction of the processing of the orderer's personal data, insofar as the accuracy of the data is disputed by the orderer, the processing is unlawful, but the orderer refuses to delete it and we no longer require the data, but the orderer requires it for the assertion, exercise or defense of legal claims or the orderer has lodged an objection to the processing pursuant to Art. 21 GDPR;
  • Pursuant to Art. 20 GDPR, to receive the orderer's personal data that they have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party, and
  • Pursuant to Art. 77 GDPR, to complain to a supervisory authority. As a rule, the orderer can consult the supervisory authority of their usual place of residence or workplace or the supervisory authority of our registered office.

(3) If the orderer's personal data is processed on the basis of legitimate interests pursuant to Art. 6 para. 1 clause 1 lit. f GDPR, the orderer has the right to object to the processing of your personal data pursuant to Art. 21 GDPR, if there are reasons for doing so that arise from their particular situation.

If the orderer wishes to exercise their right of objection, they must send an e-mail to: info@wegmann-automotive.com

(4) This privacy policy applies to the data processing by:

WEGMANN automotive GmbH
Rudolf-Diesel-Straße 6
97209 Veitshöchheim
Phone: +49 (0) 931-3 2104-0
Fax: +49 (0) 931-3 2104 -999

Website: www.wegmann-automotive.com
E-Mail: info@wegmann-automotive.com

 

§ 12 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to these GTCs and the contractual relationship between us and the orderer, to the exclusion of international uniform law, especially The United Nations Convention on Contracts for the International Sale of Goods.

(2) If the orderer is a merchant in the sense of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes - even international ones - arising directly or indirectly from the contractual relationship shall be our registered office in Veitshöchheim. The same shall apply if the orderer is an entrepreneur within the meaning of § 14 BGB. However, we shall also be entitled in all cases to bring an action at the place of performance of the delivery obligation in accordance with these GTCs or a prior individual agreement or at the general place of jurisdiction of the orderer. Overriding statutory provisions, in particular on exclusive jurisdiction, shall remain unaffected.


§ 13 Partial invalidity of our provisions

The invalidity of individual provisions or clauses shall not affect the validity of the remaining provisions of these General Terms and Conditions of Sale. Insofar as the contract or these General Terms and Conditions of Sale contain loopholes, those legally effective provisions shall be deemed agreed to close these loopholes which the contractual parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Sale if the orderer had been aware of the loophole.
 

July, 2022

WEGMANN automotive GmbH,
Rudolf-Diesel-Str. 6, 97209 Veitshöchheim