{"id":2950,"date":"2026-10-29T13:44:44","date_gmt":"2026-10-29T12:44:44","guid":{"rendered":"https:\/\/neu.turbomech.de\/?page_id=2950"},"modified":"2026-10-29T13:46:21","modified_gmt":"2026-10-29T12:46:21","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/turbomech.de\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"<div class=\"fusion-fullwidth fullwidth-box fusion-builder-row-1 nonhundred-percent-fullwidth non-hundred-percent-height-scrolling\" style=\"--awb-border-radius-top-left:0px;--awb-border-radius-top-right:0px;--awb-border-radius-bottom-right:0px;--awb-border-radius-bottom-left:0px;--awb-flex-wrap:wrap;\" ><div class=\"fusion-builder-row fusion-row\"><div class=\"fusion-layout-column fusion_builder_column fusion-builder-column-0 fusion_builder_column_1_1 1_1 fusion-one-full fusion-column-first fusion-column-last\" style=\"--awb-bg-blend:overlay;--awb-bg-size:cover;\"><div class=\"fusion-column-wrapper fusion-flex-column-wrapper-legacy\"><div class=\"fusion-text fusion-text-1\"><h1>General Terms and Conditions<\/h1>\n<h2>\u00a7 1 Scope and Conclusion of Contract<\/h2>\n<ol>\n<li style=\"text-align: justify;\">Our deliveries and services are provided exclusively on the basis of the following terms and conditions. Any purchasing conditions of the customer are expressly rejected. They shall not bind us even if we perform the contract without reservation.<\/li>\n<li style=\"text-align: justify;\">All agreements made between us and the customer for the purpose of performing this contract must be set down in writing.<\/li>\n<li style=\"text-align: justify;\">All agreements shall only become binding on us upon our written order confirmation.<\/li>\n<\/ol>\n<h2>\u00a7 2 Offers and Offer Documents<\/h2>\n<ol>\n<li style=\"text-align: justify;\">Our offers are subject to change without notice. Likewise, technical descriptions and other information in our offers, brochures and other information are initially non-binding.<\/li>\n<li style=\"text-align: justify;\">We reserve property rights and copyrights to illustrations, drawings and calculations. They may not be made accessible to third parties.<\/li>\n<li style=\"text-align: justify;\">If the order qualifies as an offer pursuant to Section 145 of the German Civil Code (BGB), we may accept it within 15 working days.<\/li>\n<li style=\"text-align: justify;\">Information within the meaning of paragraph 1 as well as in public statements by us, by the manufacturer and its assistants (Section 434 (1) sentence 3 BGB) shall only become part of the specification of services if this contract expressly refers to it.<\/li>\n<\/ol>\n<h2>\u00a7 3 Prices, Terms of Payment and Set-off<\/h2>\n<ol>\n<li style=\"text-align: justify;\">Unless otherwise stated, our prices are ex works or, for delivery from stock, ex warehouse, excluding packaging costs. These costs will be invoiced separately.<\/li>\n<li style=\"text-align: justify;\">Statutory VAT is not included in our prices. It will be shown separately in the invoice at the statutory rate applicable on the date of invoicing.<\/li>\n<li style=\"text-align: justify;\">Deduction of a cash discount requires a special written agreement.<\/li>\n<li style=\"text-align: justify;\">Payments must be received by us in cash or by bank transfer within 15 working days of receipt of the goods and the invoice. They are deemed to have been made on the date on which the amount is freely available to us.<\/li>\n<li style=\"text-align: justify;\">Other forms of payment require a special written agreement. Any costs arising on either side as a result shall be borne by the customer.<\/li>\n<li style=\"text-align: justify;\">The customer shall only have a right of set-off or retention if its counterclaims have been finally established by a court, are undisputed or have been acknowledged by us. Furthermore, the customer shall only be entitled to rights of retention insofar as they are based on the same contract.<\/li>\n<\/ol>\n<h2>\u00a7 4 Execution of Deliveries, Delivery Time and Duties to Cooperate<\/h2>\n<ol>\n<li style=\"text-align: justify;\">The scope of our delivery obligation results exclusively from the contract. We reserve the right to make changes in design, shape and colour that are based on technical improvements or legal requirements, provided the changes are not material or are otherwise reasonable for the customer.<\/li>\n<li style=\"text-align: justify;\">Partial deliveries may be made and invoiced if they are reasonable for the customer.<\/li>\n<li style=\"text-align: justify;\">Our delivery obligation is subject to correct and complete supply to us, unless the non-delivery or delay is our fault. If we are not supplied ourselves in this respect despite having placed congruent orders with reliable suppliers, we may withdraw from the contract.<\/li>\n<li style=\"text-align: justify;\">Delivery periods are always stated subject to the customer&#8217;s due cooperation in accordance with the contract. Compliance with our delivery obligation requires the timely and proper fulfilment of the customer&#8217;s obligations.<\/li>\n<li style=\"text-align: justify;\">The delivery time stated by us shall not begin until all technical questions have been clarified.<\/li>\n<li style=\"text-align: justify;\">The decisive factor for compliance with delivery periods and dates is the time of dispatch from the factory or warehouse. They are deemed to have been met upon notification of readiness for dispatch if the goods cannot be dispatched on time through no fault of our own.<\/li>\n<li style=\"text-align: justify;\">If, after conclusion of the contract, it becomes apparent that the customer does not offer sufficient assurance of its ability to pay and our payment claim is jeopardised, we shall be entitled to refuse delivery until the customer has made payment or provided security for it. If payment or security is not provided within 7 working days of a corresponding request, we shall be entitled to withdraw from the contract.<\/li>\n<li style=\"text-align: justify;\">If the customer is in default with the call-off, acceptance or collection, or if a delay in dispatch or delivery is attributable to the customer, we shall be entitled, without prejudice to further claims, to demand a lump-sum fee in the amount of the storage costs customary in the locality, irrespective of whether we store the goods ourselves or with a third party. The customer reserves the right to prove that no damage or less damage has been incurred.<\/li>\n<\/ol>\n<p><strong>\u00a7 5 Delay in Delivery<\/strong><\/p>\n<ol>\n<li style=\"text-align: justify;\">Operational disruptions and events of force majeure entitle us to extend the agreed delivery period or delivery date for the duration of the hindrance plus a reasonable start-up period. Strikes, lockouts and other circumstances which make delivery significantly more difficult for us or otherwise impossible shall be deemed equivalent to force majeure, regardless of whether they occur at our premises or at a subcontractor&#8217;s.<\/li>\n<li style=\"text-align: justify;\">If the hindering circumstances still persist one month after expiry of the agreed delivery period or delivery date, either party may withdraw from the contract in whole or in part.<\/li>\n<li style=\"text-align: justify;\">Further claims due to exceeding the delivery period or delivery date through no fault of ours are excluded.<\/li>\n<li style=\"text-align: justify;\">Paragraph 2 shall not apply if the delay is due to intent, gross negligence or a material breach of duty. Nor shall it apply if a commercial fixed-date transaction has been agreed.<\/li>\n<\/ol>\n<p><strong>\u00a7 6. Place of Performance, Transfer of Risk and Transport Insurance<\/strong><\/p>\n<ol>\n<li style=\"text-align: justify;\">Unless otherwise stated in the order confirmation, delivery ex works is agreed. The place of performance is our respective registered office as stated in the order confirmation.<\/li>\n<li style=\"text-align: justify;\">If the customer so wishes, we will cover the shipment of the goods with transport insurance. The costs incurred in this respect \u2013 as well as the shipping costs \u2013 shall be borne by the customer.<\/li>\n<\/ol>\n<h2>\u00a7 7. Retention of Title<\/h2>\n<ol>\n<li style=\"text-align: justify;\">Title to the delivered goods shall remain reserved until all our claims against the customer arising from the business relationship, including future claims from contracts concluded simultaneously or later, have been settled. This shall also apply if claims have been included in a current account and the balance has been struck and acknowledged.<\/li>\n<li style=\"text-align: justify;\">The customer is entitled to resell or process the goods in the ordinary course of business. Any processing is carried out by the customer on our behalf, without any obligation arising for us. In the event of processing, combining or mixing the reserved goods with other goods, we shall in principle acquire co-ownership of the new item, namely in the case of processing in the ratio of the value (= gross invoice value including incidental costs and taxes) of the reserved goods to the value of the new item; in the case of combining or mixing in the ratio of the value of the reserved goods to the value of the other goods. The customer shall hold the sole ownership or co-ownership thus created in safe custody for us.<\/li>\n<li style=\"text-align: justify;\">The customer hereby assigns to us all claims accruing to it from the resale of the sole or co-owned property subject to retention of title against a purchaser or third parties. The customer remains authorised to collect these claims even after the assignment. Our authority to collect the claims ourselves remains unaffected; however, we will not make use of this right as long as the customer duly meets its payment and other obligations. Upon request, the customer must inform us of the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents and notify the debtors of the assignment.<\/li>\n<li style=\"text-align: justify;\">In the event of conduct by the customer in breach of contract, in particular default in payment, we shall be entitled to withdraw from the contract and take back the goods. For the purpose of taking back the goods subject to retention of title, the customer hereby irrevocably permits us to enter its business and storage premises unhindered and to remove the goods.<\/li>\n<li style=\"text-align: justify;\">As long as and to the extent that the retention of title exists, the customer may neither transfer by way of security nor pledge the goods or items manufactured from them without our consent. The conclusion of financing agreements (e.g. leasing) which include the transfer of our reserved rights requires our prior written consent, unless the agreement obliges the financing institution to pay the portion of the purchase price due to us directly to us. The customer must inform us of this without delay.<\/li>\n<li style=\"text-align: justify;\">In the event of seizures or other interventions by third parties, the customer must notify us in writing without delay. The customer is prohibited from making agreements with its purchasers which may impair our rights.<\/li>\n<li style=\"text-align: justify;\">We undertake to release the securities to which we are entitled at the customer&#8217;s request and at our discretion to the extent that the realisable value of the securities exceeds the claims to be secured by more than 20% or their nominal value by more than 50%.<\/li>\n<\/ol>\n<h2>\u00a7 8. Grades, Dimensions and Weights<\/h2>\n<ol>\n<li style=\"text-align: justify;\">Grades and dimensions are determined in accordance with DIN standards or material data sheets, unless foreign standards have been agreed in writing. Where no DIN standards or material data sheets exist, the corresponding Euronorms shall apply, and in the absence thereof, commercial practice. References to standards, material data sheets or works inspection certificates, as well as information on grades, dimensions, weights and usability, do not constitute agreements on quality, assurances of characteristics or guarantees; nor do declarations of conformity, manufacturer&#8217;s declarations and corresponding marks such as CE and GS.<\/li>\n<li style=\"text-align: justify;\">The weighing carried out by us or our supplier is decisive for weights. Proof of weight is provided by presentation of the weighing slip. Where legally permissible, weights may be determined by calculation or weighing in accordance with DIN. The surcharges and deductions customary in the steel trade of the Federal Republic of Germany (commercial weights) remain unaffected. The number of pieces, bundles, etc. stated in the dispatch note are non-binding for goods invoiced by weight. Unless individual weighing is customary, the total weight of the consignment shall apply in each case. Differences compared to the calculated individual weights shall be distributed proportionally among them.<\/li>\n<\/ol>\n<h2>\u00a7 9. Acceptance Inspection<\/h2>\n<ol>\n<li style=\"text-align: justify;\">If an acceptance inspection has been agreed or is required by law, it can only take place at the supplying plant or our warehouse immediately after notification of readiness for acceptance. The personal costs of acceptance will be charged to the customer according to our price list.<\/li>\n<li style=\"text-align: justify;\">The subsequent assertion of defects which were detectable during acceptance is excluded.<\/li>\n<li style=\"text-align: justify;\">If acceptance does not take place, or does not take place on time or in full, through no fault of ours, we are entitled to dispatch the goods without acceptance or to store them at the customer&#8217;s expense and risk and to invoice them.<\/li>\n<\/ol>\n<h2>\u00a7 10. Dispatch, Partial Delivery and Continuous Delivery<\/h2>\n<ol>\n<li style=\"text-align: justify;\">If dispatch of the goods has been contractually agreed, we determine the shipping route and means of transport as well as the forwarding agent and carrier. Goods notified as ready for dispatch in accordance with the contract must be called off without delay. Otherwise we are entitled, at our discretion, to dispatch them at the customer&#8217;s expense and risk or to store them at our discretion and invoice them immediately.<\/li>\n<li style=\"text-align: justify;\">The material is generally delivered unpacked and without rust protection. Where packaging, protective and transport aids are requested and agreed, we will provide them based on our experience at the customer&#8217;s expense.<\/li>\n<li style=\"text-align: justify;\">We are entitled to make partial deliveries to a reasonable extent. Over- and under-deliveries of the agreed quantities customary in the industry are permissible.<\/li>\n<li style=\"text-align: justify;\">In the case of agreements providing for continuous delivery, call-offs and specifications for approximately equal monthly quantities must be submitted to us. Otherwise we are entitled to make the specification at our reasonable discretion.<\/li>\n<li style=\"text-align: justify;\">If the contract quantity is exceeded by the individual call-offs, we are entitled but not obliged to deliver the excess quantity. We may invoice the excess quantity at the prices valid at the time of the call-off or delivery.<\/li>\n<\/ol>\n<h2>\u00a7 11. Material Defects<\/h2>\n<ol>\n<li style=\"text-align: justify;\">With regard to material defects, the customer is first subject to the statutory duty to inspect and give notice of defects under Section 377 of the German Commercial Code (HGB).<\/li>\n<li style=\"text-align: justify;\">The customer cannot derive any further rights from material defects that do not, or only insignificantly, impair the value and suitability of the goods for their recognisable use.<\/li>\n<li style=\"text-align: justify;\">If the goods have a material defect at the time of transfer of risk, there is an entitlement to subsequent performance. Subsequent performance is effected at our discretion by remedying the defect or by replacement delivery. The costs of subsequent performance, in particular transport, travel, labour and material costs, shall be borne by us. If these costs exceed 50% of the delivery value, we are entitled to refuse subsequent performance.<\/li>\n<li style=\"text-align: justify;\">If subsequent performance fails, is not carried out within a reasonable period set by the customer or is refused, the customer is entitled, at its option, to withdraw from the contract, to demand a reduction of the purchase price corresponding to the reduced value due to the defect (price reduction) or \u2013 within the limits of the following paragraphs \u2013 damages in lieu of performance.<\/li>\n<li style=\"text-align: justify;\">If a material defect leads to damage, we shall be liable in accordance with the statutory provisions if it concerns personal injury, the damage falls under the German Product Liability Act (ProdHaftG) or is based on intent or gross negligence.<\/li>\n<li style=\"text-align: justify;\">If the damage is based on a culpable breach of a material contractual obligation, we shall otherwise only be liable for the damage typical for the contract.<\/li>\n<li style=\"text-align: justify;\">Further contractual and tortious claims of the customer are excluded. We are therefore in particular not liable for damage not incurred to the delivery item itself, nor for loss of profit or other financial losses of the customer.<\/li>\n<li style=\"text-align: justify;\">The above provisions do not apply to used goods. In this case we are only liable for material defects in the event of an express assumption of a guarantee, intent or gross negligence.<\/li>\n<li style=\"text-align: justify;\">In the case of goods sold as downgraded material, the customer has no warranty rights with regard to the stated defects and those which it would normally have to expect.<\/li>\n<li style=\"text-align: justify;\">Section 478 BGB remains unaffected by the aforementioned paragraphs 2 to 9.<\/li>\n<\/ol>\n<h2>\u00a7 12. Liability for Damages<\/h2>\n<ol>\n<li style=\"text-align: justify;\">The aforementioned limitations of liability in \u00a7 11 nos. 5 \u2013 9 apply accordingly to claims for damages due to other breaches of duty.<\/li>\n<li style=\"text-align: justify;\">In the event of a breach of a pre-contractual obligation or of an impediment to performance already existing at the time of conclusion of the contract, our obligation to pay compensation is limited to the negative interest (reliance damages).<\/li>\n<li style=\"text-align: justify;\">Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our salaried staff, employees, workers, representatives, governing bodies and vicarious agents.<\/li>\n<\/ol>\n<h2>\u00a7 13. Limitation Period<\/h2>\n<ol>\n<li style=\"text-align: justify;\">Subject to Sections 438 and 479 BGB, the customer&#8217;s claim for subsequent performance in respect of new items becomes time-barred one year after delivery of the goods. For used items, any warranty is excluded.<\/li>\n<li style=\"text-align: justify;\">Subject to Sections 438 and 479 BGB, the limitation period for claims for damages is one year. For claims under the German Product Liability Act (ProdHaftG) and in cases of intent and gross negligence, the statutory limitation period shall apply.<\/li>\n<\/ol>\n<h2>\u00a7 14. Place of Performance and Place of Jurisdiction for National Contracts<\/h2>\n<ol>\n<li style=\"text-align: justify;\">Unless otherwise stated in the order confirmation, our registered office in 26670 Uplengen is the place of performance.<\/li>\n<li style=\"text-align: justify;\">If the customer is a registered merchant (Vollkaufmann), a legal entity under public law or a special fund under public law, the local place of jurisdiction is Westerstede or Oldenburg. However, we are also entitled to sue the customer at the court of its place of residence.<\/li>\n<li style=\"text-align: justify;\">German law shall apply to all legal relationships between us and the customer.<\/li>\n<\/ol>\n<h2>\u00a7 15. International Business Transactions<\/h2>\n<ol>\n<li style=\"text-align: justify;\">In international business transactions with us, German law shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).<\/li>\n<li style=\"text-align: justify;\">If a customer domiciled outside the Federal Republic of Germany, or its agent, collects goods, or if the customer transports or ships them to a destination outside Germany, the customer must provide us with the export certificate required for tax purposes. If this proof is not provided, the customer must pay the VAT applicable to deliveries within the Federal Republic of Germany on the invoice amount.<\/li>\n<li style=\"text-align: justify;\">For deliveries from the Federal Republic of Germany to other EC member states, the customer must notify us, prior to delivery, of the VAT identification number under which it carries out acquisition taxation within the EC. Otherwise, it must pay VAT at the statutory rate on our deliveries in addition to the agreed net purchase price.<\/li>\n<li style=\"text-align: justify;\">ECSC products which have not been expressly sold for export to third countries may not be taken to countries outside the EC in unprocessed condition. In this respect, the sovereign territories of Finland and Norway are treated as equivalent to the EC. At our request, the customer must prove the whereabouts of the goods. If the customer violates this obligation, it shall pay us a contractual penalty of 30% of the agreed purchase price. We are entitled to demand compensation for the actual damage instead. The customer must ensure that ECSC products do not reach any destination or recipient other than that agreed with us. If the customer violates this obligation and thereby obtains an unjustified advantage in the calculation of freight, it shall pay us a contractual penalty of three times the value of this advantage. If it thereby obtains an unjustified price advantage, it shall pay us a contractual penalty of three times the value of this advantage. At our request, the customer must prove that it has fulfilled this obligation.<\/li>\n<li style=\"text-align: justify;\">With regard to their own price lists and terms of sale for resale in unaltered condition, our customers are obliged to comply with the provisions of Articles 2 to 7 of Decision No. 30\/53 and with Decisions No. 31\/53 and No. 37\/54 of the Commission of the European Communities, as amended.<\/li>\n<\/ol>\n<h2>\u00a7 16. General Provisions<\/h2>\n<ol>\n<li style=\"text-align: justify;\">The customer&#8217;s rights under this contract are not transferable.<\/li>\n<li style=\"text-align: justify;\">The invalidity of individual provisions shall not affect the validity of the remaining provisions.<\/li>\n<li style=\"text-align: justify;\">In accordance with the requirements of the German General Equal Treatment Act (AGG), the contractual relationship between the parties shall be conducted free of discrimination. The acting party shall be solely liable for any discriminatory acts.<\/li>\n<\/ol>\n<p><em>Uplengen, 2 January 2013<\/em><\/p>\n<h1>GENERAL TERMS AND CONDITIONS FOR CONTRACT WORK<\/h1>\n<h2>\u00a7 1. Scope of Application<\/h2>\n<ol>\n<li style=\"text-align: justify;\">These General Terms and Conditions for Contract Work apply exclusively to all contract work carried out by us. Conflicting or supplementary general terms and conditions of the client shall not apply. This shall also apply if we do not expressly object to such terms or if we fulfil our contractual obligations without reservation.<\/li>\n<li style=\"text-align: justify;\">In addition, the technical conditions for contract work of the respective production areas apply. These technical conditions can be downloaded at any time from www.turbomech.de or requested from us.<\/li>\n<\/ol>\n<h2>\u00a7 2. Required Information<\/h2>\n<ol>\n<li style=\"text-align: justify;\">A delivery note must accompany all workpieces handed over to us for processing. It must contain at least the following information: a. designation of the parts, quantity, net weight and type of packaging; b. material grade; c. processing required; d. testing methods required; e. any further information or specifications necessary for successful processing.<\/li>\n<li style=\"text-align: justify;\">If the required information is missing, incomplete or incorrect, we will carry out the processing to the best of our judgement.<\/li>\n<\/ol>\n<h2>\u00a7 3. Delivery Time<\/h2>\n<ol>\n<li style=\"text-align: justify;\">The delivery period begins on the date of our order confirmation, but not before the workpieces have been delivered to us.<\/li>\n<li style=\"text-align: justify;\">The delivery time is agreed only approximately and without obligation. Minor deviations from the delivery time (7 to 14 days) do not give rise to any claim for damages. Our General Terms and Conditions apply. Should the delivery time not be met, we undertake to notify the customer of this without delay.<\/li>\n<\/ol>\n<h2>\u00a7 4. Transfer of Risk<\/h2>\n<ol>\n<li style=\"text-align: justify;\">Unless otherwise stated in the order confirmation, the workpieces must be delivered by the customer at its own risk and collected after completion.<\/li>\n<li style=\"text-align: justify;\">If this procedure is deviated from at the customer&#8217;s request, the resulting costs shall be borne by the customer. In any case, the risk passes to the customer when the workpieces leave the plant.<\/li>\n<\/ol>\n<h2 style=\"text-align: justify;\">\u00a7 5. Terms of Payment<\/h2>\n<ol>\n<li style=\"text-align: justify;\">Unless otherwise stated, our prices are ex works, excluding packaging costs. These will be invoiced separately.<\/li>\n<li style=\"text-align: justify;\">Statutory VAT is not included in our prices. It will be shown separately in the invoice at the statutory rate applicable on the date of invoicing.<\/li>\n<li style=\"text-align: justify;\">Deduction of a cash discount requires a special written agreement.<\/li>\n<li style=\"text-align: justify;\">Payments must be received by us in cash or by bank transfer within 15 working days of receipt of the goods and the invoice. They are deemed to have been made on the date on which the amount is freely available to us.<\/li>\n<li style=\"text-align: justify;\">Other forms of payment require a special written agreement. Any costs arising on either side as a result shall be borne by the customer.<\/li>\n<li style=\"text-align: justify;\">The customer shall only have a right of set-off or retention if its counterclaims have been finally established by a court, are undisputed or have been acknowledged by us. Furthermore, the customer shall only be entitled to rights of retention insofar as they are based on the same contractual relationship.<\/li>\n<\/ol>\n<h2>\u00a7 6. Warranty<\/h2>\n<ol>\n<li style=\"text-align: justify;\">We carry out the processing professionally and with due care.<\/li>\n<li style=\"text-align: justify;\">The customer must inspect the processing immediately after delivery and notify us of any defects in writing without delay. If the customer fails to give such notice, the processing shall be deemed approved, unless the defect was not detectable during the inspection. If such a defect becomes apparent later, notice must be given immediately after its discovery; otherwise the processing shall be deemed approved in view of this defect as well. The notice of defects must be given in writing and must specifically describe the defect identified.<\/li>\n<li style=\"text-align: justify;\">If a notice of defects is justified, we will, at our discretion, remedy the defect or repeat the processing on the original workpiece or on a corresponding new one (subsequent performance). If subsequent performance fails or is unreasonable for the customer, the customer may reduce the remuneration or withdraw from the contract. The client shall have no further claims, with the exception of the claims under \u00a7 7 (Liability).<\/li>\n<li style=\"text-align: justify;\">The client is obliged to give us sufficient time and opportunity to remedy defects. If requested by us, the customer must immediately return samples or, at our option, all of the material complained about for inspection.<\/li>\n<li style=\"text-align: justify;\">The warranty period is one year from the transfer of risk.<\/li>\n<\/ol>\n<h2>\u00a7 7. Liability<\/h2>\n<ol>\n<li style=\"text-align: justify;\">We are only liable for damage if it concerns personal injury, the damage falls under the German Product Liability Act (ProdHaftG) or is based on intent or gross negligence. In all other cases our liability is excluded.<\/li>\n<li style=\"text-align: justify;\">Liability is limited to such damage and such amount of damage as were reasonably foreseeable at the time of conclusion of the contract on the basis of the circumstances and facts accessible to us, and to the damage that typically occurs in transactions of the type in question. Liability is furthermore limited in amount to the value of the commissioned processing. This limitation shall not apply in the case of liability under the Product Liability Act or in cases of injury to life, body or health, if an express guarantee has been given, or if the occurrence of the damage is based on grossly negligent or intentional conduct on our part.<\/li>\n<li style=\"text-align: justify;\">Insofar as liability is excluded or limited, this also applies to the personal liability of our employees and vicarious agents.<\/li>\n<\/ol>\n<h2>\u00a7 8. General Provisions<\/h2>\n<ol>\n<li style=\"text-align: justify;\">If the customer is a registered merchant (Vollkaufmann), the exclusive local place of jurisdiction is 26670 Uplengen. However, we are entitled to sue the customer at its place of business or branch.<\/li>\n<li style=\"text-align: justify;\">Unless otherwise stated in the order confirmation, our registered office in 26670 Uplengen is the place of performance, including for our payment obligations.<\/li>\n<li style=\"text-align: justify;\">The invalidity of individual provisions shall not affect the validity of the remaining provisions.<\/li>\n<li style=\"text-align: justify;\">In international business transactions with us, German law shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).<\/li>\n<li style=\"text-align: justify;\">In all other respects, our General Terms and Conditions shall apply.<\/li>\n<\/ol>\n<p><em>Uplengen, 2 January 2013<\/em><\/p>\n<h1>TERMS AND CONDITIONS FOR CONTRACT TREATMENT WORK<\/h1>\n<p>Unless the customer objects in writing immediately upon receipt of these conditions, the following conditions shall apply to all incoming orders:<\/p>\n<ol>\n<li style=\"text-align: justify;\">When workpieces to be treated are delivered, a delivery note must be submitted from which we can see the quantity and the material type of the delivered workpieces. The work to be carried out must also be specified.<\/li>\n<li style=\"text-align: justify;\">Price quotations and stated delivery times are subject to change, unless fixed arrangements have been made when the order was placed.<\/li>\n<li style=\"text-align: justify;\">Deliveries and collections must be arranged by the customer. If the customer requests that we return the goods, this is done at the customer&#8217;s expense and risk. Transport insurance for the goods is only taken out at the customer&#8217;s express request and at its cost. Force majeure releases us from the delivery period and entitles us to withdraw from the contract in whole or in part. Force majeure also includes all unforeseen disruptions and impediments to delivery beyond our control, in particular operational disruptions of all kinds and shutdowns at our company and at the companies of our suppliers.<\/li>\n<li style=\"text-align: justify;\">Our invoices for contract work are due for payment without deduction within 10 days of receipt.<\/li>\n<li style=\"text-align: justify;\">If the customer is in arrears with the payment of due invoices, we have a right of retention over the processed workpieces. In this case we are entitled to release them only against simultaneous payment, including any arrears.<\/li>\n<li style=\"text-align: justify;\">Contract work orders are carried out conscientiously. Any claims for damages, on whatever legal grounds, may only be asserted up to the amount of the treatment charge for the parts complained about. The contractor is granted a right of choice in that it may either issue a credit note for the corresponding amount or rework a corresponding number of the damaged pieces free of charge. There are no further claims for damages. We are only liable for damage if it concerns personal injury, the damage falls under the German Product Liability Act (ProdHaftG) or is based on intent or gross negligence.<\/li>\n<li style=\"text-align: justify;\">Storage at our premises and delivery are at the customer&#8217;s risk. Goods delivered to us for treatment are not insured by us against fire and theft. Your delivered goods will be returned to you in their original or equivalent packaging. We accept no liability for corrosion damage unless you have expressly requested corrosion protection. We recommend taking out appropriate external insurance. We can only accept further liability claims if such further liability has been confirmed in writing before the goods are delivered to us.<\/li>\n<li style=\"text-align: justify;\">Closed hollow bodies may only be delivered and treated if they have a vent hole \u2013 otherwise there is a risk of explosion!<\/li>\n<li style=\"text-align: justify;\">The agreed place of jurisdiction is 26670 Uplengen.<\/li>\n<li style=\"text-align: justify;\">In international business transactions with us, German law shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).<\/li>\n<li style=\"text-align: justify;\">The invalidity of individual provisions shall not affect the validity of the remaining provisions.<\/li>\n<li style=\"text-align: justify;\">In all other respects, our General Terms and Conditions shall apply.<\/li>\n<\/ol>\n<p><em>Uplengen, 2 January 2013<\/em><\/p>\n<\/div><div class=\"fusion-clearfix\"><\/div><\/div><\/div><\/div><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"100-width.php","meta":{"footnotes":""},"class_list":["post-2950","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.8 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>General Terms and Conditions - turboMech GmbH &amp; 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