{"id":780,"date":"2025-12-22T11:29:40","date_gmt":"2025-12-22T10:29:40","guid":{"rendered":"https:\/\/www.foratron.de\/contact\/terms-and-conditions-foratron-gmbh\/"},"modified":"2026-03-11T12:27:51","modified_gmt":"2026-03-11T11:27:51","slug":"terms-and-conditions-foratron-gmbh","status":"publish","type":"page","link":"https:\/\/www.foratron.de\/en\/contact\/terms-and-conditions-foratron-gmbh\/","title":{"rendered":"Terms and Conditions foratron GmbH"},"content":{"rendered":"<div  class='flex_column av-aijop-c8a8db485a075d95060912c71cd6ff62 av_one_full  avia-builder-el-0  avia-builder-el-no-sibling  first flex_column_div  '     ><p>\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-mjh0lbto-87934246d0cc4721b7c643df4880320e\">\n#top .av-special-heading.av-mjh0lbto-87934246d0cc4721b7c643df4880320e{\npadding-bottom:10px;\n}\nbody .av-special-heading.av-mjh0lbto-87934246d0cc4721b7c643df4880320e .av-special-heading-tag .heading-char{\nfont-size:25px;\n}\n.av-special-heading.av-mjh0lbto-87934246d0cc4721b7c643df4880320e .av-subheading{\nfont-size:15px;\n}\n<\/style>\n<div  class='av-special-heading av-mjh0lbto-87934246d0cc4721b7c643df4880320e av-special-heading-h1 blockquote modern-quote  avia-builder-el-1  el_before_av_hr  avia-builder-el-first '><h1 class='av-special-heading-tag '  itemprop=\"headline\"  >General Terms and Conditions of foratron GmbH<\/h1><div class=\"special-heading-border\"><div class=\"special-heading-inner-border\"><\/div><\/div><\/div><br \/>\n\n<style type=\"text\/css\" data-created_by=\"avia_inline_auto\" id=\"style-css-av-afp29-8955eb0edfc91ce04d4c1f465a5a7cac\">\n#top .hr.av-afp29-8955eb0edfc91ce04d4c1f465a5a7cac{\nmargin-top:30px;\nmargin-bottom:30px;\n}\n.hr.av-afp29-8955eb0edfc91ce04d4c1f465a5a7cac .hr-inner{\nwidth:550px;\nborder-color:#efbb20;\n}\n<\/style>\n<div  class='hr av-afp29-8955eb0edfc91ce04d4c1f465a5a7cac hr-custom  avia-builder-el-2  el_after_av_heading  el_before_av_textblock  hr-left hr-icon-no'><span class='hr-inner inner-border-av-border-fat'><span class=\"hr-inner-style\"><\/span><\/span><\/div><br \/>\n<section  class='av_textblock_section av-mjh0l5tw-9b8e36fbaa9d1d886a0a7b77efedc48b '   itemscope=\"itemscope\" itemtype=\"https:\/\/schema.org\/CreativeWork\" ><div class='avia_textblock'  itemprop=\"text\" ><h3><strong>1 Scope<\/strong><\/h3>\n<ol>\n<li>These terms and conditions of sale apply exclusively to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). We shall recognize any terms and conditions of the purchaser that conflict with or deviate from our terms and conditions of sale only if we expressly agree to their applicability in writing. <\/li>\n<li>These terms and conditions of sale shall also apply to all future transactions with the purchaser insofar as they are legal transactions of a related nature.<\/li>\n<\/ol>\n<h3>2 Offer and conclusion of contract<\/h3>\n<ol>\n<li>If an order is to be regarded as an offer pursuant to Section 145 BGB, we may accept it within two weeks.<\/li>\n<li>Drawings and information on weight, dimensions, consumption, and performance are non-binding unless they are expressly designated as binding in the order confirmation. We reserve the right to make changes and improvements with regard to design, use of materials, and execution, provided that this does not impair the usability of the delivery item. <\/li>\n<\/ol>\n<h3>3 Documents provided<\/h3>\n<p>We reserve ownership and copyright in all documents provided to the purchaser in connection with the placing of the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the purchaser our express written consent. If we do not accept the purchaser\u2019s offer within the period specified in Section 2, these documents must be returned to us immediately.<\/p>\n<h3><strong> 4 Prices and payment<\/strong><\/h3>\n<ol>\n<li>Unless otherwise agreed in writing, our prices are ex works, excluding packaging, plus VAT at the applicable rate. Packaging costs will be invoiced separately. <\/li>\n<li>Payment of the purchase price shall be made exclusively to the account specified. A cash discount may be deducted only if specifically agreed in writing. <\/li>\n<li>Unless otherwise agreed, the purchase price is payable within 10 days of delivery. Default interest will be charged at 8% p.a. above the respective base interest rate. We reserve the right to assert higher damages caused by default.  <\/li>\n<li>If no fixed-price agreement has been made, we reserve the right to make reasonable price changes due to changes in wage, material, and distribution costs for deliveries made 3 months or later after conclusion of the contract.<\/li>\n<\/ol>\n<h3><strong> 5 Rights of retention<\/strong><\/h3>\n<p>The purchaser is entitled to exercise a right of retention only insofar as its counterclaim is based on the same contractual relationship.<\/p>\n<h3><strong> 6 Delivery time<\/strong><\/h3>\n<ol>\n<li>The commencement of the delivery period stated by us presupposes the timely and proper fulfillment of the purchaser\u2019s obligations. The defense of non-performance of the contract remains reserved. <\/li>\n<li>If the purchaser is in default of acceptance or culpably breaches other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims remain reserved. If the above prerequisites are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the purchaser at the time the purchaser falls into default of acceptance or debtor\u2019s default.  <\/li>\n<li>Further statutory claims and rights of the purchaser due to a delay in delivery remain unaffected.<\/li>\n<li>If dispatch is delayed at the purchaser\u2019s request, we shall be entitled, after setting a reasonable deadline and its unsuccessful expiry, to otherwise dispose of the delivery item and to supply the purchaser within a reasonably extended period.<\/li>\n<\/ol>\n<h3><strong> 7 Transfer of risk upon dispatch<\/strong><\/h3>\n<p>If, at the purchaser\u2019s request, the goods are dispatched to the purchaser, the risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser upon dispatch to the purchaser, at the latest upon leaving the factory\/warehouse. This applies regardless of whether the goods are dispatched from the place of performance or who bears the freight costs. <\/p>\n<h3><strong> 8 Retention of title<\/strong><\/h3>\n<ol>\n<li>We retain title to the delivered item until full payment of all claims arising from the supply contract. This also applies to all future deliveries, even if we do not always expressly refer to this. We are entitled to take back the purchased item if the purchaser acts in breach of contract.  <\/li>\n<li>As long as title has not yet passed to the purchaser, the purchaser is obliged to treat the purchased item with care. In particular, the purchaser is obliged, at its own expense, to insure it adequately at replacement value against theft, fire, and water damage. If maintenance and inspection work must be carried out, the purchaser must perform it in due time at its own expense. As long as title has not yet passed, the purchaser must notify us immediately in writing if the delivered item is seized or otherwise subject to interventions by third parties. If the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the purchaser shall be liable for the loss incurred by us.    <\/li>\n<li>The purchaser is entitled to resell the goods subject to retention of title in the ordinary course of business. The purchaser hereby assigns to us the purchaser\u2019s claims against its customer arising from the resale of the goods subject to retention of title in the amount of the final invoice total agreed with us (including VAT). This assignment applies regardless of whether the purchased item has been resold without or after processing. The purchaser remains authorized to collect the claim even after the assignment. Our right to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as the purchaser meets its payment obligations from the proceeds collected, is not in default of payment, and in particular no application for the opening of insolvency proceedings has been filed or payments have been suspended.     <\/li>\n<li>Any processing or transformation of the purchased item by the purchaser shall always be carried out in our name and on our behalf. In this case, the purchaser\u2019s expectant right to the purchased item continues in the transformed item. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same applies in the event of commingling. If the commingling is carried out in such a way that the purchaser\u2019s item is to be regarded as the principal item, it is agreed that the purchaser transfers co-ownership to us on a pro rata basis and holds the resulting sole ownership or co-ownership in safekeeping for us. To secure our claims against the purchaser, the purchaser also assigns to us such claims that accrue to it against a third party through the combination of the goods subject to retention of title with a plot of land; we hereby accept this assignment already now.     <\/li>\n<li>We undertake to release the securities to which we are entitled at the purchaser\u2019s request insofar as their value exceeds the claims to be secured by more than 20%.<\/li>\n<\/ol>\n<h3><strong> 9 Warranty and notice of defects as well as recourse\/manufacturer\u2019s recourse<\/strong><\/h3>\n<ol>\n<li>The purchaser\u2019s warranty rights presuppose that the purchaser has duly complied with its obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).<\/li>\n<li>Claims for defects shall become time-barred 12 months after delivery of the goods supplied by us to our purchaser. For claims for damages in cases of intent and gross negligence as well as in cases of injury to life, body, and health that are based on an intentional or negligent breach of duty by the user, the statutory limitation period applies. In the sale of used goods, we exclude the warranty period entirely, with the exception of the claims for damages mentioned in sentence 2. Where the law mandatorily prescribes longer periods pursuant to Section 438 (1) No. 2 BGB (buildings and items for buildings), Section 479 (1) BGB (right of recourse), and Section 634a (1) BGB (construction defects), these periods shall apply. Before any return of the goods, our consent must be obtained.    <\/li>\n<li>If, despite all due care, the delivered goods show a defect that already existed at the time of transfer of risk, we shall, subject to timely notice of defects, at our discretion either remedy the defect or deliver replacement goods. We must always be given the opportunity to provide subsequent performance within a reasonable period. Claims for recourse remain unaffected by the above provision without restriction.  <\/li>\n<li>If subsequent performance fails, the purchaser may\u2014without prejudice to any claims for damages\u2014withdraw from the contract or reduce the remuneration.<\/li>\n<li>Claims for defects do not exist in the case of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear, or damage arising after transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, defective construction work, unsuitable building ground, or due to special external influences not assumed under the contract. If improper repair work or modifications are carried out by the purchaser or third parties, no claims for defects shall exist for these or the resulting consequences either. <\/li>\n<li>Claims by the purchaser for reimbursement of expenses required for the purpose of subsequent performance, in particular transport, travel, labor, and material costs, are excluded insofar as the expenses increase because the goods supplied by us have subsequently been moved to a location other than the purchaser\u2019s place of business, unless the relocation corresponds to their intended use.<\/li>\n<li>Claims for recourse by the purchaser against us exist only insofar as the purchaser has not entered into any agreements with its customer that go beyond the mandatory statutory claims for defects. Furthermore, paragraph 6 applies accordingly to the scope of the purchaser\u2019s recourse claim against the supplier. <\/li>\n<\/ol>\n<h3><strong> 10 Exclusion of liability<\/strong><\/h3>\n<p>foratron GmbH assumes no liability for items (equipment\/systems) brought by the customer into its business premises (workshop) or outdoor area for repair purposes if these items (equipment\/systems) are destroyed by fire or vandalism or stolen in the course of a burglary. The customer is expressly advised that, if desired, the customer must arrange cover for these risks by taking out their own insurance. <\/p>\n<h3><strong> 11 Miscellaneous<\/strong><\/h3>\n<p>(1) This contract and the entire legal relationship between the parties shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).<\/p>\n<p>(2) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our registered office, unless otherwise stated in the order confirmation.<\/p>\n<p>(3) All agreements made between the parties for the purpose of performing this contract are set out in writing in this contract.<\/p>\n<\/div><\/section><\/p><\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":771,"menu_order":14,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-780","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.foratron.de\/en\/wp-json\/wp\/v2\/pages\/780","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.foratron.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.foratron.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.foratron.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.foratron.de\/en\/wp-json\/wp\/v2\/comments?post=780"}],"version-history":[{"count":2,"href":"https:\/\/www.foratron.de\/en\/wp-json\/wp\/v2\/pages\/780\/revisions"}],"predecessor-version":[{"id":782,"href":"https:\/\/www.foratron.de\/en\/wp-json\/wp\/v2\/pages\/780\/revisions\/782"}],"up":[{"embeddable":true,"href":"https:\/\/www.foratron.de\/en\/wp-json\/wp\/v2\/pages\/771"}],"wp:attachment":[{"href":"https:\/\/www.foratron.de\/en\/wp-json\/wp\/v2\/media?parent=780"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}