Terms of Service

General Terms and Conditions of Delivery and Service (GTC) 2022

I. General

These conditions apply to all deliveries and services. Any conditions are only relevant if the supplier has agreed to them in writing. Deviating counter-provisions are ineffective.

With the receipt of the delivery and service, the agreement of these conditions is expressly confirmed.

Special agreements are only valid if they have been confirmed by us in writing.

II. Offers

1. Offers are usually made free of charge. Design work will only be carried out free of charge if the delivery contract is legally effective and remains in force.

2. The documents belonging to the offer, such as illustrations, drawings and weight specifications are only approximate unless they are expressly designated as binding. The provider reserves the right of ownership and copyright to cost estimates, drawings and other documents; they may not be made accessible to third parties. The provider is obliged to only make plans designated as confidential accessible to third parties with the customer's consent. Drawings and other documents belonging to offers must be returned immediately upon request. Construction and workshop drawings are - if necessary - included.

3. All offers are non-binding and are calculated on the basis of the prices, material and labor costs and freight tariffs valid on the day the offer is submitted.

III. scope of delivery

1. The supplier's written order confirmation is decisive for the scope of the delivery.

2. Protective devices are only supplied to the extent that this has been agreed. The supplier is not obliged to observe local health and safety conditions.

3. Dimensions, weights, illustrations and drawings are only binding for the execution if this is confirmed in writing. Gross weights and crate specifications are approximate.

IV. Prices

1. All prices are valid for a period of 4 weeks after the offer date. Our prices are based on today's economic and currency conditions, in particular wage, material, freight and insurance costs. Should costs change, both parties can request an adjustment.

2. The prices apply from our delivery works, excluding packaging and transport insurance.

3. All prices are exclusive of statutory VAT.

V. Payment

1. Unless otherwise agreed, the following terms of payment apply.

a) Minimum order value EUR 100.00

b) Orders from EUR 100.00 to 5,000.00

All payments net within 30 days

c) Orders over EUR 5,000.00

40% after receipt of the order confirmation - net

50% after notification of readiness for dispatch - net

10% 30 days after delivery - net.

d) Predominant salary payments (assembly and service assignments)

are due net after 10 days

2. All payments are to be made in cash free the supplier's paying office. the

The customer bears the costs for bill discounting and collection.

Bills of exchange and checks are only accepted on account of payment

Withdrawal or recourse before expiry remains expressly reserved.

3. Representatives are not entitled to collect. The customer still pays

to the representative, he will not be exempt from the payment deadline

released.

4. If the payment deadline is exceeded, subject to the applicable

making other rights as annual interest 2% above that for the seat

the officially recognized bank discount rate of the supplier, but at least

5% charged without the need for a notice of default.

5. The withholding of payments or the offsetting of

Claims of the customer, no matter what kind, are excluded,

unless the claims are recognized by the supplier or by the

legally established by the court.

6. The supplier is entitled, at his own discretion, to make advance payments up to

to demand the amount of the purchase price or from the contract

withdraw if the customer is uncertain about payment

conclusion of the contract becomes known.

VI. delivery time

1. The delivery period begins when the order confirmation is sent, but not before all documents to be provided by the customer, approval, release and clarification of all technical questions have been provided and before an agreed down payment has been received.

2. The delivery period is met if the delivery item has left the factory by the time it expires or readiness for dispatch has been notified. All delivery times are only approximate unless they have been contractually agreed. Partial deliveries are permitted.

3. If the supplier is prevented from fulfilling his obligation due to the occurrence of unforeseeable circumstances, which he was unable to avert despite the diligence that is reasonable under the circumstances of the case - regardless of whether they occurred in the supplier's works or at his subcontractor - e.g. If there is a delay in the delivery of essential raw and building materials, the delivery time will be extended to a reasonable extent if the delivery or service is not impossible. If the delivery or service becomes impossible due to the above circumstances, the supplier is released from the delivery obligation. Even in the case of strikes and lockouts, the delivery period will be extended to a reasonable extent if the delivery or service is not impossible; if the delivery or service becomes impossible, the supplier is released from the delivery obligation. If the delivery period is extended in the above-mentioned cases or if the supplier is released from the delivery obligation, any claims for damages and rights of withdrawal of the customer derived from this shall lapse. If the aforementioned circumstances occur with the customer, the same legal consequences also apply to the customer's acceptance obligation. The supplier is also not responsible for the aforementioned circumstances if they occur during an already existing delay. In important cases, the supplier will inform the customer of the beginning and end of such hindrances.

4. If shipping is delayed at the instigation of the customer, he will be charged for the costs incurred by storage starting one month after notification of readiness for shipping, but at least 1% of the invoice amount for each month started if the goods are stored at the supplier's works.

5. Adherence to the delivery period presupposes that the customer has fulfilled his contractual obligations.

VII. Passing of Risk and Acceptance

1. The risk passes to the customer at the latest when the delivery is accepted or dispatched or picked up. This also applies to partial deliveries.

2. If shipping, collection or acceptance is delayed as a result of circumstances for which the supplier is not responsible and if the customer is in default of acceptance as a result, the risk passes to the customer from the day on which the goods are ready for shipment or acceptance, however, the supplier is obliged to take out the insurance requested by the customer at his request and expense.

3. Deliveries are to be accepted by the customer without prejudice to the rights under Section X if they show defects.

4. Compensation claims against the transport insurance require the provision of an official document and the assignment of the rights to the transport agent. Upon receipt of the delivery, the consignment must be checked immediately for quality, number and weight.

a. In the case of externally visible damage or shortages, a complaint must be made upon acceptance of the delivery and a certificate from the transport officer must be requested immediately.

b. In the event of damage that is not visible from the outside or missing quantities that only become apparent when the goods are unpacked, an inventory must be requested from the transport officer immediately (within one week after acceptance of the delivery for rail shipments and within 24 hours for postal shipments) and a certificate of this must be requested.

If these documents are not provided, the claim

cannot be asserted against the transport insurance

the. All deliveries are made by the supplier in the name and at the expense

insured against breakage and transport damage,

unless otherwise agreed in the order confirmation

are met.

VIII. Packaging

1. The packaging will - if not included in delivery and price

is included - calculated separately. Remunerated in this last case

the supplier for returned reusable boxes free of charge

depending on the condition up to 30% of the calculated value, if this

is over EUR 16.00. Cardboard crates and special packaging

and inner packaging will not be taken back

IX. retention of title

1 a The supplier retains ownership of the delivery item until

to the receipt of all payments including any interest and costs

from the delivery contract, even if the delivery item

is resold alone or built into a unit.

1 b Until then, the customer has the delivery item at his own expense

to insure against fire, water and other damage and this

to be proven upon request, unless the purchaser himself

backup has verifiably completed.

2. The customer may neither pledge the delivery item nor assign it as security before full payment has been made.

3. In the event of the resale of the delivery item, the customer assigns the claim against his customers or third parties to which he is entitled from the sale with all ancillary rights to the supplier at the request of the supplier.

4. The assertion of the retention of title and the pledging of the delivery item by the supplier do not count as withdrawal from the contract.

X . Liability for defects in the delivery

The supplier is liable for defects in the delivery, which also include the lack of expressly guaranteed properties, to the exclusion of further claims as follows:

1. A prerequisite for any warranty obligation is compliance with the relevant regulations of the supplier (see VII - 3.)

2. The supplier's liability for third-party products is limited to the assignment of liability claims to which he is entitled against the supplier of the third-party product.

3. Warranty period:

The warranty is 12 months; at industrial or commercial

6 months for single-shift operation and 3 months for systems used

multi-shift operation

4. Warranty and statute of limitations begin on the day of commissioning by specialist personnel, but no later than 3 months after the transfer of risk.

5.

The warranty extends to the replacement or repair of those parts that have been demonstrably impaired in their usability since commissioning as a result of a circumstance that occurred before the transfer of risk. The determination of such defects must be reported to the supplier immediately. A legitimate guarantee claim only exists if the part complained about has been received by the supplier. The supplier repairs or replaces the part that is the subject of the complaint at his own expense and at his option, provided that the complaint turns out to be justified. In this case, freight costs will also be reimbursed by the supplier. The supplier is not responsible for any further costs.

6. The customer's right to assert claims for defects lapses in all cases 6 months from the time of the timely complaint, but no earlier than the expiry of the warranty period.

7. No liability is accepted for damage caused by the following reasons:

Unsuitable or improper use, faulty assembly,

or commissioning by the customer or third parties, natural

use, incorrect or negligent handling, in particular over-

moderate stress, unsuitable equipment, replacement material

fe, defective construction work, unsuitable building ground, chemical, electrical

trochemical, thermal or electrical influences, unless they occur

fault on the part of the supplier. Evidence for a

If the supplier is at fault, the orderer has to pay for it. Furthermore expires

the warranty if changes are made without the consent of the supplier

be carried out on the system or the system is

was damaged by a circumstance for which the supplier is not responsible.

8. The warranty for repaired or replaced parts ends when the warranty period for the entire system expires. However, the period for liability for defects in the delivery item is extended by the duration of the interruption to operations caused by the repair work.

9. The supplier can refuse to remedy defects as long as the customer has not fulfilled his obligations.

10. The supplier has taken out liability insurance; the extent of liability is always based on the extent of the damage recognized by this liability insurance.

11. Liability for the consequences arising from improper modifications and repair work carried out by the customer or third parties without the prior consent of the supplier is waived.

12. There are no further claims by the customer, in particular a claim for compensation for damage that has not occurred to the delivery item itself.

13. The lifetime guarantee during the guarantee period does not relate to individual parts, such as scaling, etc. For thermocouples, heating elements, rollers, conveyor rollers, conveyor belts, conveyor grates, pull-through tubes, crucibles, tubs, linings and electrodes of baths and melting furnaces, fan wheels and others For parts and materials that work under difficult operating conditions, the supplier assumes no liability for a specific service life and must refuse free replacement in the event of premature destruction.

14. Other claims for damages and other claims of the customer against the supplier and his vicarious agents, for whatever legal reason, are excluded.

XI. Technical specifications:

Due to the aging process in ceramic products, especially lining and crucible, in reality approx. 80% of the technical data are achieved.

XII. List of commissioning

On request, the installation and commissioning can be carried out by suitable, well-trained personnel against payment.

The supplier's special assembly conditions apply to all services.

XII. Customer's right to withdraw

1. The customer can withdraw from the contract if the supplier is finally unable to perform the entire service before the risk passes. He can also withdraw from the contract if, when ordering similar items, the execution of part of the delivery becomes impossible in terms of quantity and he has a legitimate interest in refusing a partial delivery; if this is not the case, the customer can reduce the consideration accordingly.

2. If there is a delay in performance within the meaning of Section VI of the Terms of Delivery and the customer grants the supplier in default a reasonable grace period with the express declaration that he will refuse to accept the service after this period has expired and if the grace period is not observed through the fault of the supplier , the customer is entitled to withdraw.

3. If the impossibility occurs during the delay in acceptance or through the fault of the customer, the customer remains obliged to provide consideration.

4. The customer also has the right to withdraw if the supplier allows a reasonable period of grace set for him to remedy or improve a defect for which he is responsible within the meaning of the delivery conditions to elapse fruitlessly through his fault. The reasonable period of grace does not begin before the defect and the supplier's obligation to represent has been recognized or proven.

XIII. Supplier's right to withdraw

In the event of unforeseen events within the meaning of Section VI of the Terms of Delivery, insofar as the economic importance or the content of the service changes significantly or has a significant impact on the supplier's business and in the event that the execution subsequently turns out to be impossible, the supplier has the right withdraw from the contract in whole or in part.

Claims for damages by the customer due to such a withdrawal do not exist. If the supplier wishes to make use of the right of withdrawal, he must notify the customer immediately after recognizing the scope of the event, even if an extension of the delivery period was initially agreed with the customer.

XIV. Place of Performance and Jurisdiction

The place of performance and the sole place of jurisdiction for delivery and payment, including follow-up services of all kinds, is the supplier's headquarters. The supplier is entitled to sue at the customer's headquarters. German law applies to the contractual relationships.

XV. validity

These terms of delivery also apply if individual points are legally ineffective. They will come into force from January 2022.