General terms and conditions of the budatec GmbH

As of: Mai 2024

Disclaimer: for the legally binding document under German law, please see original. These terms form an integral component of all offers, contracts and order confirmations.

1. General

For contracts and any other business relation with the customer, these GTC of the budatec GmbH apply exclusively. Other conditions of the customer will not become part of the contract, even if we have not explicitly objected to them.
Changes and additions to the contract and this clause must be completed in written form. Referring to side agreements before and during the completion of the contract is only permitted if we immeditately confirm these in written form. Declarations by our employees are only binding if they are confirmed by the managing directors in written form.
We are entitled to store the data required for the fulfilment of the contract electronically.

2. Scope of delivery and services

The deliveries and services of the budatec GmbH are listed in full within the order confirmation and the simultaneously issued supplements.
Regulations and/or technical standards of the customer or in the customers country are taken into account insofar as they have been provided by the customer of the budatec GmbH in writing and are included in the order confirmation.

3. Delivery time

The agreed upon delivery period begins with the receipt of the order confirmation countersigned by the customer and the receipt of the obligations to be performed by the customer (such as down payments, bank guarantees, letters of credit, etc.). The delivery period is extended if:

  • changes to machines or a part that is to be machined are subsequently requested by the customer.
  • technical specifications have to be subsequently adjusted in detail.
  • sample material did not arrive on time, in the right quantity or in the right condition.
  • other delays for which the budatec GmbH is not responsible occur, such as regulatory measures, subsequently requested authorisations, strikes, delivery stoppages or force majeure.
  • down payments, instalments/partial payments, letters of credit, payment guarantees that are to be provided, authorisations that are to be obtained by the customer etc. do not arrive on time or not in agreed form or if letters of credit or payment guarantees must be extended or modified due to an extension of the delivery period.
  • appointments for preliminary acceptance or test runs must be moved past a date specified by the budatec GmbH.

The dates scheduled for fulfilment are adjusted according to the duration of the impact of the circumstances beyond our control. The delivery deadline has been met if the notification of readiness for delivery is issued by the agreed upon deadline.

4. Shipping costs, transfer of use/benefit and risk

The customer bears transport, insurance and packaging costs. Use/benefit and risk are transferred to the customer on departure from the company premises, even if the budatec GmbH is responsible for dispatch, export or installation.
In the event of a late acceptance, the benefits and risks are transferred to the customer upon notification of readiness on a specific date.

5. Costs

Unless stated otherwise within the order confirmation, all prices are fixed and are ex works, uninsured, duty unpaid, excluding taxes, fees, charges, customs duties and the like. If transport and insurance are organized by the budatec GmbH, the costs incurred will be charged according to expenditure. Taxes, duties, fees, customs fees/duties and the like shall be paid by the customer and the budatec GmbH is entitled to reimbursement if it has to make any advance payments.
Subsequent changes requested by the customer in construction, design or additional equipment to be supplied, modifications due to deviating sample material or measuring equipment/methods are billed seperately; the same applies to costs that were necessary to fullfill special workshop regulations or special acceptance conditions, unless these have been communicated in writing before placing the order and are listed in the order confirmation.

6. Payments

Payments are to be made in full without deductions (discounts, fees or similar).
The payment deadlines must be met, even if transport, installation, commissioning or acceptance of the machines is delayed or made impossible by factors for which the budatec GmbH is not responsible.

The budatec GmbH is authorised to demand interest on arrears for late payments.

If payment by letter of credit has been agreed upon and the required sample materials do not arrive on time or not in the correct quality/quantity or if an agreed upon preliminary acceptance of a machine is delayed or does not occur for reasons for which the budatec GmbH is not responsible, the company is authorised to dispatch the machines and claim payment of the letter of credit.
Withholding payments or billing of any kind, in particular due to alleged non-conformity of the machines to customer request is mutually excluded.

7. Retention of ownership

The merchandise remains property of the budatec GmbH until full and unconditional payment has been made.
If we still have further claims against the customer, ownership will be retained until these have been paid.
If a reservation of ownernship can or must be registered/filed with an official authority in the customer’s country, the budatec GmbH is authorised to have this entry made.

8. Machine acceptance

The acceptance of machines is usually carried out in form of a preliminary acceptance by the customer or one of their representatives at the budatec GmbH prior to delivery and as a final acceptance at the customer’s premises after installation and set-up. If machines that are set-up by the customer the preliminary acceptance is regarded as the final acceptance. A written record of the acceptance must be drawn up. Minor deficiencies which do not impact the functionality of the machines in a major way will be rectified within a short time period by the budatec GmbH. The signing of the acceptance protocol may not be refused for these reasons. In case of significant deviations from the contract or defects which exclude or significantly impair suitability for the use stated in writing, the customer shall grant a suitable grace period for the rectification of these issues and renewed acceptance. Acceptance is also deemed to have taken place if the inspection is not carried out for reasons for which the budatec GmbH is not responsible, or if the customer refuses acceptance. In this case, acceptance is deemed to have taken place at the time when the customer puts the machine into operation for the first time.

9. Warranty

Warranty for single-shift operation is 12 months, and 6 months for inter-shift operation (16 hours per day).

The warranty period begins with the end of the installation at the customer or, in case the installation is not performed by the budatec GmbH as soon as the product leaves the workshop. If acceptance, the delivery or installation are delayed due to factors for which the budatec GmbH is not responsible, then the warranty period begins upon notification of readiness for dispatch or from the originally scheduled installation date.

Defects covered by the warranty must be reported to the budatec GmbH immediately and in writing in order to be valid. The budatec GmbH is obliged to repair or replace parts which are demonstrably defective or unusable as result of poor materials, faulty design or poor workmanship as quickly as possible at its discretion. Replaced parts become property of the budatec GmbH. Further claims, in particular demanding a full replacement, are excluded.

The warranty does not cover the repair of damage cause by wear and tear, faulty maintenance, failure to observe the operating instructions, excessive strain, use of unsuitable equipment, installation or repair not carried out by the budatec GmbH or resulting from a change in the use specified in the order confirmation.

10. Liability

The budatec GmbH is only liable in cases of gross negligence or intent; liability for indirect or consequential damages such as loss of profit, additional expenses incurred by the customer or claims by third parties is excluded in all cases.

11. General provisions

Should a provision in this document be invalid under law, this shall not affect the validity of the remaining contractual provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the purpose of the invalid provision.
Collateral agreements or subsequent amendments must be made in writing and signed by both parties.

12. Location of fulfilment, applicable law and place of jurisdiction

The location of fulfilment is our registered office in Berlin. The original German version of this agreement is subject to German law. The place of jurisdiction for the customer and the supplier is the registered office of the budatec GmbH. However, the budatec GmbH is entitled to sue the customer at their registered office.