Terms and Conditions

Prices

Our prices are based on ex-works prices, excluding freight, customs duties, import duties, ancillary fees and packaging, which are charged separately. The packaging is priced at cost price. The prices are based on costs at the time of contract conclusion. We reserve the right to adjust our prices accordingly if cost savings or cost increases occur after the contract is concluded, particularly due to changes in material prices or tariff agreements. We will provide proof of this to the customer upon request. In addition, we are entitled to adjust the prices to the required extent in the event of technical developments that represent a clear added value for the customer. In this case, there must be an appropriate equivalence between the service provided and the consideration received. In the event of an increase % of more than 8% over the previous price, the customer's prior consent must be obtained in writing.

This also includes costs that arise from unexpected overtime on vehicles and are technically necessary to ensure the operational safety of the vehicle and the quality of the product. The customer will be informed in advance by phone/in writing about this, and we will transparently indicate the additional hours/costs on the invoice.

With connection orders, we are not bound by preliminary prices.

Delivery time

The agreed delivery time is only approximate. It begins as soon as all the details of the execution have been clarified and the customer has fulfilled the requirements imposed on them to execute the contract.

Our deliveries are made from the factory. Partial deliveries are permitted.

If we are in default, the customer is entitled to set a reasonable extension for delivery. Upon the expiration of this period without result, they can withdraw from the contract.

We are liable for a delay in performance in cases of intent or gross negligence, as well as for injury to life, body, or health, in accordance with the statutory provisions. However, in cases of gross negligence, our liability is limited to the typical, foreseeable damage under the contract. Outside the cases of paragraphs 1 and 2, our liability for delay is limited to the compensation for damages in addition to the performance of the contract, to a maximum of 5% % of the value of the order per completed week of delay. Further claims of the customer are excluded – even after the expiry of a period of time set by the customer for performance – as set out in paragraph 2 of this clause. The customer’s right to withdraw from the contract under paragraph 2 of this clause remains unaffected.

Traffic crossing

The risk passes to the customer when the goods have left our factory.

Delivery difficulties

During the duration of a performance failure resulting from force majeure or unforeseeable events, the mutual contractual obligations shall be suspended. This also applies to us insofar as the performance failures occur with our suppliers.

If the performance disorder lasts for more than 6 months, each contracting party has the right to withdraw from the contract.

Warranty

The defect patterns that the customer receives for inspection are decisive for the quality and execution of the products.

Consultations regarding the design and construction of a product are conducted to the best of our knowledge and conscience, however, for their practical suitability the customer alone bears responsibility, even if they were consulted by us during the development process.

The customer’s rights to defects require that the customer has properly fulfilled his obligations to investigate and complain pursuant to § 377 of the German Commercial Code (HGB).

To rectify any defects found, the vehicle must be taken to the delivery center. Special arrangements require written confirmation.

We are giving you the opportunity to verify an alleged defect in situ. Without our consent, nothing may be changed without losing the warranty rights on the goods in question.

Mounted cabins must be inspected before taking over the vehicle; any defects must be reported immediately. Proper work and complete delivery are confirmed by the customer by signing.

Statute of limitations for claims

The statute of limitations for claims and rights arising from defects in the services – regardless of the legal basis – is one year. However, this does not apply in the case of § 479, paragraph 1, BGB (the buyer’s right of recourse). The statute of limitations also applies to all claims for damages by the buyer that are related to the defect. However, this statute of limitations does not apply in the case of intent or when a defect is knowingly concealed. The statute of limitations also does not apply in the case of gross negligence or in cases of injury to life, limb or health, or in claims under the Product Liability Act.

Payment terms

Our invoices are payable within 14 days of the invoice date, without any deduction.

The buyer is only entitled to set-off rights if his counterclaims have been legally established, uncontested, or recognized by us.

In the event of late payment, we charge interest at 4% % above the applicable discount rate of the Deutsche Bundesbank as of the due date.

Right of retention

We reserve ownership of the delivered goods until all payment claims have been fulfilled. This also applies if certain deliveries designated by the customer have been paid.

Any processing will be carried out by the orderer on our behalf. The processed goods shall be considered as reserved goods within the meaning of these provisions.

Tools

If models, tools or other forming equipment are manufactured or procured by us on behalf of the customer, we invoice the tooling costs for these items. Since our services are not covered by the tooling costs, which are intended for design, construction, installation, maintenance, technical knowledge, etc., they remain our property. We are generally not obligated to provide them for use.

The tools are used exclusively for the orders of the customer as long as he fulfills his obligations towards us.

The tools are stored by us with the necessary care. We are not obliged to provide insurance. If three years have passed since the last delivery, we are not obliged to continue storing them.

Side tables

If additional parts are provided by the customer, they are obliged to deliver the parts to the workshop in time. Repairs are the customer's responsibility.