GTCGeneral Terms and Conditions of Brück – Lösungen für die Zukunft

The following General Terms and Conditions apply exclusively to businesses, legal entities under public law, and special funds under public law.

1. Our offers, deliveries, and services are subject exclusively to these General Terms and Conditions. They shall also apply to all future business relationships, even if they have not been expressly agreed upon again. Any conflicting terms and conditions of the customer shall not form part of the contract. Our General Terms and Conditions shall be deemed accepted at the latest upon receipt of the delivery or service.

2. Contracts shall be concluded exclusively through our written order confirmation or through execution of the order.

3. We reserve the right to make technical and design deviations from descriptions and specifications contained in offers and written documents, as well as changes to performance, construction, and materials resulting from technical progress, without the customer being entitled to derive any rights from such changes.

4. We retain ownership rights and copyrights to samples, drawings, cost estimates, and other documents, including those in electronic form. These may not be made accessible to third parties without our permission and must be returned immediately upon request.

1. Unless otherwise agreed, prices are quoted ex works, including loading, but excluding packaging, transport insurance, transportation costs, collection and delivery, and unloading. Statutory value-added tax shall be added at the applicable rate.

2. If the prices charged by our suppliers or other costs associated with our products increase between conclusion of the contract and delivery, we shall be entitled to increase the agreed prices accordingly and to a reasonable extent.

3. Unless otherwise agreed, invoices issued by Brück – Lösungen für die Zukunft shall be payable immediately without deductions.

4. The customer's rights of set-off and retention are excluded unless the counterclaim is undisputed or has been legally established by a final court judgment.

5. We reserve the right to charge for drawings and preliminary planning work carried out if no contract is concluded.

1. Agreements concerning binding delivery or installation dates (performance periods) must be made in writing. The delivery period shall commence upon dispatch of the order confirmation, but not before all commercial and technical matters between the customer and Brück – Lösungen für die Zukunft have been clarified and the customer has fulfilled all obligations incumbent upon them, such as providing the necessary documents, official permits, or advance payments.

2. Our delivery period shall be deemed complied with if our product has left the factory before the expiry of the agreed period or if we have notified the customer that the goods are ready for dispatch. Where acceptance is required, the acceptance date shall be decisive, except in cases of justified refusal of acceptance.

3. Brück – Lösungen für die Zukunft shall be entitled to make partial deliveries and provide partial services at any time.

4. If a delay is caused by circumstances beyond our control, such as energy shortages, import difficulties, operational or transport disruptions, strikes, force majeure, or delays on the part of our suppliers, the performance period shall be extended by a reasonable amount of time. If we are still unable to perform after a reasonable extension, both the customer and we shall be entitled to withdraw from the contract. Claims for damages by the customer are excluded.

5. If the contractual partner suffers damage due to a delay caused by Brück – Lösungen für die Zukunft through its own fault, the contractual partner shall be entitled to claim compensation for the delay, excluding any further claims. Such compensation shall amount to 0.5% for each week of delay, but shall not exceed a total of 5% of the value of that part of the overall delivery which cannot be used on time or in accordance with the contract due to the delay.

6. If dispatch is delayed at the request of the contractual partner, the storage costs incurred shall be charged to the contractual partner starting one month after notification that the goods are ready for dispatch. In the case of storage at the premises of Brück – Lösungen für die Zukunft, the charge shall amount to at least 0.5% of the invoice amount for each month.

Compliance with the delivery period is subject to the contractual partner fulfilling their contractual obligations.

7. In the case of installation work, we reserve the right to charge, in whole or in part, any costs arising from operational circumstances, such as incomplete work to be performed by the customer or missing machinery, which result in complaints during subsequent testing.

8. The installation report must be acknowledged and signed by an authorized employee of the customer. Otherwise, the report shall be deemed accepted once a duplicate copy has been provided to the customer.

1. The risk shall pass to the customer as soon as the product leaves our factory or delivery warehouse, including in the case of partial deliveries. This shall also apply if we undertake additional services, particularly transportation costs or delivery.

2. If dispatch or acceptance is delayed or does not take place due to circumstances for which the customer is not responsible, the risk shall pass to the customer as soon as Brück – Lösungen für die Zukunft has notified the customer that the goods are ready for dispatch or acceptance.

1. Brück – Lösungen für die Zukunft retains ownership of all delivered goods until full payment of all claims arising from the business relationship with the contractual partner has been received. In the case of a current account, all goods subject to retention of title shall serve as security for the outstanding balance.

If the value of the securities held exceeds the claims of Brück – Lösungen für die Zukunft by more than 25% of the goods subject to retention of title, Brück – Lösungen für die Zukunft shall, at the contractual partner's request, release securities of its choice to the corresponding extent.

2. The contractual partner may neither pledge the delivered goods nor transfer them as security. In the event of seizure, attachment, or other measures taken by third parties, the contractual partner must immediately notify Brück – Lösungen für die Zukunft.

3. If the customer is more than ten days overdue with all or a substantial part of an installment payment and a reasonable additional payment deadline set by us has expired without payment, we may demand the return of the goods subject to retention of title without first declaring withdrawal from the contract.

The same shall apply if insolvency proceedings are applied for in respect of the customer's assets and the application is not withdrawn within ten days.

If the customer fails to comply with the request for return or if there is a risk of loss or destruction of the goods subject to retention of title, we shall be entitled to take possession of the goods. For this purpose, we may enter the location where the goods are stored.

The customer shall bear the costs of repossession. We may sell the repossessed goods privately on the best possible terms. Any proceeds exceeding our secured claim shall belong to the customer.

4. We shall be entitled to insure the goods subject to retention of title against theft, breakage, fire, water damage, and other damage at the customer's expense, unless the customer provides evidence that they have taken out equivalent insurance themselves.

The customer hereby assigns to Brück – Lösungen für die Zukunft all claims against the insurance company arising from such insurance.

5. We reserve the right to charge for drawings and preliminary planning work carried out if no contract is concluded.

1. Our liability extends to ensuring that our products are free from defects in accordance with the current state of technology.

Our liability is excluded in the following cases:

a. If our products are improperly stored, installed, commissioned, maintained, or used by the customer or third parties.
b. In the event of natural wear and tear.
c. In the event of improper maintenance.
d. If unsuitable operating materials are used.
e. In the event of damage caused by repairs or other work performed by third parties without our express authorization.

2. The customer must inspect the product immediately upon receipt. Identifiable defects must be reported to us in writing within one week of receipt of the product or, if the defect only becomes apparent later, within one week of its discovery.

If this requirement is not met, the product shall be deemed accepted.

3. Our statutory liability for defects is limited to subsequent performance, meaning either rectification of the defect or replacement delivery, at our discretion.

The customer must promptly provide us with sufficient opportunity to carry out subsequent performance. Otherwise, we shall be released from liability for any resulting consequences.

Only in urgent cases, such as maintaining operational safety or preventing disproportionately serious damage, may the customer remedy the defect themselves or have it remedied by third parties and claim reimbursement of the necessary expenses from us.

In all cases, the customer must return the replaced parts to us.

4. If subsequent performance fails, the customer shall be entitled to reduce the consideration payable or, in the case of significant defects, withdraw from the contract.

5. For newly manufactured goods and work services, including planning and supervision services, our liability shall apply for one year from delivery or acceptance.

Buildings, including the associated planning and supervision services, are excluded from this provision; a limitation period of three years shall apply to these services.

The limitation period for all claims shall commence upon delivery or, in the case of work services, upon acceptance.

Unless expressly stated otherwise, the statutory provisions concerning the commencement, suspension, expiry, and recommencement of limitation periods shall remain unaffected.

The above provisions shall not result in any change to the burden of proof to the detriment of the customer.

6. Any further claims by the customer due to defects beyond those specified in paragraphs 3 to 5 above are excluded.

Accordingly, we shall not be liable for damage that has not occurred to the product itself or for any other financial losses incurred by the customer.

1. Our liability, regardless of its legal basis, shall be limited to cases of intent and gross negligence.

2. None of the limitations of liability set out in these General Terms and Conditions shall apply:

a. In cases of intent or gross negligence on our part or on the part of our vicarious agents.
b. In cases of personal injury.
c. In cases of damage resulting from the absence of a characteristic or quality that we have guaranteed.
d. In cases of claims arising under the German Product Liability Act.

If confirmed orders are not executed for reasons attributable to the customer, a processing fee of up to 20% of the order value shall be charged, irrespective of any claims for lost profits.

Parts that have already been completed shall be charged in full.

Statutory value-added tax shall be added to these amounts.

The customer shall be entitled to provide evidence that the actual damage or expenses incurred were lower.

Should individual provisions of this contract be invalid, the remaining provisions of the contract and these General Terms and Conditions shall nevertheless remain valid.

The invalid provision shall be replaced by a provision that achieves the economic purpose originally intended.

The place of performance for all obligations arising from this contract shall be Bad Camberg, Germany.

1. The laws of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

2. The place of jurisdiction for transactions with merchants shall be Limburg an der Lahn, Germany.

However, Brück – Lösungen für die Zukunft shall also be entitled to bring legal proceedings at the customer's registered office or place of business.