Terms and Conditions

General terms and conditions of business

1. The contractor (hereinafter referred to as "AN") delivers only under the following General Terms and Conditions, even if no express reference is made
   to them in subsequent ongoing business relationships. Any differing terms and conditions of the client (hereinafter referred to as "AG") that the contractor does not expressly acknowledge in writing are not binding upon the contractor, even if the contractor does not expressly object to them. Silence in response to an order confirmation that refers to differing terms and conditions shall not be deemed acceptance. By accepting our delivery, the client irrevocably agrees to the exclusive application of our General Terms and Conditions. All offers made by the contractor are non-binding. Orders are only considered accepted once they have been confirmed by us in writing.
2. The contract is concluded upon written (§ 126 BGB) or textual (§ 126b BGB) order confirmation by the contractor, subject to these General Terms and Conditions.
   Documents pertaining to the offer, such as illustrations, drawings, weight and dimensions, and specifications regarding fuel consumption and performance, are only approximate unless expressly designated as binding. The contractor retains ownership and copyright of cost estimates, drawings, and other documents. These may not be made accessible to third parties. The contractor undertakes to disclose plans designated as confidential by the client to third parties only with the client's consent.
3. The supplier reserves the right to make changes to the delivered item due to design and manufacturing requirements, as well as legal regulations, provided that the changes are minor and reasonable for the customer. The supplier will inform the customer of such changes as early as possible.
4. The contractor reserves the right to make modifications to the subject matter of the contract that deviate from the contract's content, provided they are technically equivalent or represent a technical improvement. However, the contractor is obligated to inform the client of these modifications.
5. If the delivered item is subject to special regulations in countries outside the Federal Republic of Germany, the client is responsible for ensuring compliance and must inform the contractor accordingly. If the contractor has changed the intended method of execution, they must inform the client immediately.

1. Unless otherwise agreed, the prices quoted are ex works, including loading at the factory, but excluding packaging and unloading. They are net prices, plus applicable VAT.
2. Unless otherwise agreed in writing, payments by the client are to be made without any deductions to the account as follows:
   - 30% after conclusion of the contract
   - 60% after preliminary acceptance at the factory before delivery
   - 10% after final acceptance
   . Clause III.4 applies accordingly.
   
   
3. The customer is only entitled to withhold payments or offset them against counterclaims to the extent that his counterclaims are undisputed or have been legally established.
4. In the event of non-compliance with the payment terms or if circumstances arise that are likely to impair the client's creditworthiness, the contractor has the right to terminate the contract immediately. In this case, the contractor is entitled to demand cash payment against the return of any accepted bills of exchange, regardless of their maturity date. Such circumstances also entitle the contractor to perform any outstanding services only against prepayment or provision of security.
5. If payment deadlines are exceeded, the contractor is entitled to charge statutory default interest (as applied to non-consumers). The contractor reserves the right to prove a higher loss due to the delay.

1. The delivery period is determined by the agreements between the contracting parties and begins no earlier than the receipt of the order confirmation. The contractor's adherence to the delivery period is contingent upon all commercial and technical issues between the contracting parties being resolved and the client fulfilling all their obligations, such as providing the necessary official certificates or permits, and paying all outstanding invoices to the contractor. If this is not the case, the delivery period will be extended accordingly. The same applies in the event of unforeseen obstacles that the contractor could not prevent despite exercising due diligence, such as operational disruptions, strikes, lockouts, shortages of energy and raw materials, and other force majeure events, including those affecting the contractor's suppliers. This does not apply if the contractor is responsible for the delay.
2. If, as a result of the circumstances mentioned in clause 1, the performance of the contract becomes impossible or economically unreasonable for the contractor, the contractor may withdraw from the contract in whole or in part. If the contractor's withdrawal is based on such circumstances, the client has no claim for damages. If the contractor wishes to exercise the right of withdrawal, they must notify the client immediately upon becoming aware of the circumstances justifying the withdrawal. If the impossibility or inability to perform occurs during the client's default of acceptance, or if the client is solely or predominantly responsible for these circumstances, the client remains obligated to provide the consideration.
3. Adherence to the delivery deadline is subject to correct and timely delivery to us by our suppliers. We will inform you of any impending delays as soon as possible.
4. The delivery period is considered met if the goods have left the contractor's premises by the end of the period or if the contractor has notified the supplier that the goods are ready for shipment. If acceptance is required, the acceptance date is decisive – except in cases of justified refusal of acceptance – or, alternatively, the date on which the supplier is notified that the goods are ready for acceptance. This provision applies accordingly to section II.2.
5. If shipment or acceptance of the delivery item is delayed for reasons attributable to the customer, the customer will be charged for the costs incurred as a result of the delay, beginning one month after notification of readiness for shipment or acceptance. If the goods are stored at the customer's own plant, the supplier may charge at least 0.5% of the contract price of the stored delivery items per month.
6. Earthworks and masonry work, lifting fences, scaffolding, roof protection, material and installation work, as well as other work required for the installation of the subject matter of the contract from the respective connections of the subject matter of the contract, are not included in the delivery obligation of the contractor.
7. If the contractor fails to meet an agreed delivery date, the client may set the contractor a reasonable grace period in writing and is entitled to withdraw from the contract after its fruitless expiry.

1. The risk passes to the client when the goods leave the factory, even if partial deliveries have been made or the contractor has assumed other obligations, such as shipping costs or delivery and installation. If acceptance is required, it is decisive for the transfer of risk. Acceptance must be carried out immediately on the scheduled date, or alternatively, after the contractor has notified the client that the goods are ready for acceptance. The client may not refuse acceptance if a non-material defect exists.
2. If delivery or acceptance is delayed or does not occur due to circumstances beyond the contractor's control, the risk passes to the client on the date the contractor notifies the client of delivery or readiness for acceptance. The contractor undertakes to take out, at the client's expense, any insurance policies requested by the client.
3. Partial deliveries are permitted, provided they are reasonable for the customer.

1. The contractor retains ownership of the delivered item until all payments due under the delivery contract have been received.
2. The contractor is entitled to insure the delivered item against theft, breakage, fire, water and other damages without the consent of the client, at the client's expense, unless the client has demonstrably taken out the insurance himself.
3. The customer may neither sell, pledge, nor assign the delivered goods as security. In the event of seizure, attachment, or other disposition by third parties, the customer must notify the contractor immediately. If the customer fails to do so, they are liable to the contractor for any resulting damages.
4. In the event of breach of contract by the customer, in particular in the event of late payment, the contractor is entitled to take back the delivered item after issuing a reminder and the customer is obliged to return it.
5. Due to the retention of title, the contractor can only demand the return of the delivered item if he has withdrawn from the contract.
6. The application for the opening of insolvency proceedings entitles the contractor to withdraw from the contract and demand the immediate return of the delivered item.

1. To protect his rights, the customer must carefully inspect the delivered item immediately upon receipt and notify the supplier of any defects in writing or text immediately upon discovery.
2. The Contractor shall be liable for defects in the delivery, to the exclusion of any further claims, as follows:
   If a defect in the delivered item exists, the Contractor shall be entitled, at its discretion, to remedy the defect by either repairing it or delivering a new item. In the case of repair, the Contractor shall bear the costs only to the extent that they are not increased by the fact that the purchased item was moved to a location other than the place of performance, and up to a maximum of the purchase price. Replaced parts shall remain or become the property of the Supplier. For significant third-party products, the Contractor's liability shall initially be limited to the assignment of any warranty claims it may have against the supplier of the third-party product. If the assigned claims against the third party are unenforceable, the Contractor shall be liable in accordance with these terms and conditions.
3. If the subsequent performance fails, the client is entitled, at his discretion, to demand either withdrawal from the contract or a reduction in price.
4. Any claims by the client beyond those stipulated by law are excluded. This exclusion of liability does not apply in cases of intent or gross negligence on the part of the contractor or one of its agents.
5. No claims for defects arise if the defect is due to a violation of operating, maintenance and installation instructions, unsuitable or improper use, unsuitable operating materials, unsuitable substrate, faulty or negligent handling, unnatural wear and tear, or interventions in the delivered item carried out by the customer or third parties.
6. AKE is liable in cases of intent and gross negligence, in cases of product liability and under the German Federal Data Protection Act (BDSG), in the absence of a warranted characteristic, in the case of fraudulent intent, in the case of defects of title and in the case of personal injury in accordance with the statutory provisions.
7. In cases of simple negligence in the breach of fundamental contractual obligations, liability is limited to foreseeable and typical damages. Furthermore, in cases of simple negligence, the contractor's liability is limited to a maximum of 15% of the total remuneration agreed upon under the respective contract (or, in the case of recurring payments, for the respective calendar year) for all services, for all claims arising in a calendar year, regardless of the legal basis. Liability for lost profits and indirect damages is excluded.
8. AKE is not liable for the recovery of data unless AKE caused its destruction through gross negligence or intent and the buyer has ensured that this data can be reconstructed with reasonable effort from data material that is kept in machine-readable form.
9. Any claims for damages against AKE or its agents or subcontractors shall become time-barred within one year.
10. Otherwise, the statutory regulations apply.

1. All legal relations between the contracting parties are governed exclusively by the law of the Federal Republic of Germany applicable to legal relations between domestic parties. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
2. All claims of the employer – whatever their legal basis and to the extent permitted by law – shall become time-barred after 12 months.
3. The place of jurisdiction is the court responsible for the employee's place of business. However, the employee is also entitled to bring an action at the employer's principal place of business.