General Terms and Conditions

I. General

The following conditions apply to all negotiations and orders placed with us. Deviations from these must be made in writing. The formal requirement can only be waived by a written declaration. If the contracting parties enter into similar transactions again, our General Terms and Conditions of Sale and Delivery shall also apply even if their binding nature has not been separately agreed upon.

II . Offer

Offers are subject to change until written order confirmation. Dimensions, weights, and performance data as well as illustrations and drawings are approximate and non-binding. Prior sale is reserved.

III . Scope of Delivery

Our written order confirmation is decisive for the scope of delivery; in the case of our offer with a time limit and acceptance of the offer within the time limit, provided that no timely order confirmation is available. Assurances of properties, ancillary agreements, and changes require our written confirmation. We reserve the right to make changes to the design and shape of the delivery item, provided that the delivery item is not fundamentally changed and the changes are reasonable for the customer.

IV. Price and Payment

1. In the absence of any other special agreement, prices are always in Euro, ex works excluding packaging, freight, and insurance. Value-added tax at the respective legal rate is added to the prices. If delivery is to take place more than four months after the conclusion of the contract, our prices valid on the day of dispatch will be charged.

2. In the absence of special agreements, payment is to be made in cash immediately upon receipt of the invoice without any deduction free of charge to our paying agent. If a discount is agreed upon, it will only be granted if the payment is received by us within the deadline. The date on which the amount is available to us or on which the bank confirms receipt of payment to us shall be deemed the date of receipt of payment. In the event of late payment, interest will be charged in accordance with the respective bank rates for temporary credits.

3. The acceptance of checks and bills of exchange is only on account of payment; it remains reserved for us in each individual case. Payment is only deemed to have been made once the checks or bills of exchange have been properly redeemed. The costs caused by the issuance shall be borne by the customer.

4. For payment in bills of exchange eligible for the central bank, which must be due no later than 3 months after the invoice date and submitted immediately after receipt of the invoice, the discount charges shall be borne by the customer.

5. Payments are always used to settle costs and interest and then the oldest due debt items, regardless of other dispositions of the debtor. Agreed discounts may only be deducted if all previous invoices have been settled.

6. The withholding of payments or offsetting against counterclaims of the customer that are disputed by us or have not been legally established is not permitted.

V. Delivery Time

1. The delivery time begins with the sending of the order confirmation, but not before the provision of the information to be provided by the customer and necessary for the manufacture of the delivery item, as well as before receipt of an agreed down payment.

2. The delivery time is met if the delivery item has left the factory or readiness for dispatch has been communicated by its expiry.

3. The delivery time shall be extended appropriately in the event of measures within the framework of industrial disputes, in particular strikes and lockouts, as well as the occurrence of obstacles beyond our control that influence the completion of the delivery item. This also applies if the circumstances occur at sub-suppliers. We are also not responsible for the aforementioned circumstances if they arise during an already existing delay.

4. If the delivery time is exceeded due to our fault, the customer is authorized to exercise the rights to which they are entitled by contract or law after a written grace period of 14 days.

5. Compliance with the delivery time presupposes the fulfillment of the contractual obligations of the customer.

VI. Transfer of Risk and Acceptance

1. The risk passes to the customer upon dispatch at the latest, even in the case of freight-free delivery or free assembly or commissioning. If shipment is delayed due to circumstances for which the customer is responsible, the risk passes to the customer from the day of readiness for shipment; however, we are obliged, at the request and expense of the customer, to effect the insurances requested by them.

2. Delivered items are to be accepted by the customer, even if they have insignificant defects, without prejudice to the rights from Section VIII.

3. Partial deliveries are permitted.

VII . Retention of Title

1. We reserve ownership of the delivery item until the customer has settled all claims that have arisen within the framework of the mutual business relationship.

2. As long as the retention of title exists, the customer may only dispose of the delivery item in the ordinary course of business. They may not give it away, pledge it, or transfer it as security.

3. If the delivery item is pledged, confiscated, or affected by other dispositions by third parties while the retention of title exists, or if such dispositions are imminent, the customer must inform us immediately of such dispositions and also immediately take all precautions suitable for lifting these measures themselves.

4. In the event of a sale of the delivery item or any other disposition made over it, the customer assigns to us all claims of any kind arising therefrom. It is already agreed upon conclusion of the purchase contract that the purchase price claim resulting from the sale, including the invoiced sales tax, shall pass to us in full. In this way, all rights are also assigned to us in advance that may accrue to the customer from the fact that the delivery item is firmly connected to other objects in such a way that it becomes an essential component of another object, or from the fact that the delivery item is damaged or otherwise becomes defective or perishes.

5. If the customer acts in breach of contract, falls into arrears with payment, suspends their payments, or if judicial composition proceedings or bankruptcy are opened over their assets, we have a right of withdrawal regarding the entire contract, also insofar as bills of exchange with later maturity are running. If the entire remaining claim is not paid immediately, the customer’s right to use the object expires and we are entitled to demand immediate surrender, excluding a right of retention – as far as possible according to § 11 No. 2 b) AGB-Gesetz. This also applies in cases where the customer has acquired ownership of the delivery item by installing it. In this case, they waive their acquired ownership and undertake to transfer the object to us. All costs arising from the repossession of the object shall be borne by the customer. We are entitled to utilize the repossessed delivery item as best as possible through a private sale. The proceeds after deduction of costs will be credited to the customer against their total debt; any surplus proceeds will be paid out to them. In the event of withdrawal from the contract as a result of non-fulfillment, we can demand compensation for use and compensation for damage, provided no other compensation is made.

VIII . Warranty

We are liable for defects in delivery to the exclusion of further claims as follows:

1. All those parts are to be repaired or redelivered free of charge at our choice which prove to be unusable or significantly impaired in their usability as a result of a circumstance existing prior to the transfer of risk – in particular due to faulty design, faulty materials, or poor execution. The discovery of such defects must be reported to us in writing immediately. Replaced parts become our property. The customer reserves the right to demand a reduction in compensation or, at their choice, cancellation of the contract if the repair or replacement delivery fails.

2. The warranty for our products ends after 12 months; however, for seasonal equipment, at the earliest at the end of the first period of use. If shipment or commissioning is delayed without our fault, the warranty expires at the latest 12 months after the transfer of risk.

3. For essential third-party products, our liability is limited to the assignment of the warranty claims to which we are entitled against the supplier of the third-party product.

4. The customer’s right to assert claims arising from defects expires in all cases within 6 months from the time of timely notification, but at the earliest upon expiry of the warranty obligation.

5. No warranty is assumed for damage caused by the following reasons: Unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent treatment, excessive stress, use of unsuitable operating materials or replacement materials, improper storage, chemical, electrochemical, or electrical influences, provided they are not attributable to our fault.

6. After consultation with us, the customer must allow the necessary time and opportunity to carry out all repairs and replacement deliveries that the supplier deems necessary in their reasonable discretion; otherwise, we are released from liability for defects. Only in urgent cases of danger to operational safety and to prevent disproportionately large damage, in which case we are to be notified immediately, does the customer have the right to have the defect eliminated themselves or by third parties and to demand reimbursement of the necessary costs from us.

7. Of the direct costs arising from the repair or replacement delivery, we shall bear – insofar as the complaint proves to be justified – the costs of the replacement part including shipping, as well as the reasonable costs of removal and installation. Otherwise, the customer shall bear the costs.

8. Liability for the resulting consequences is canceled by any improper changes or repair work carried out by the customer or third parties without our prior approval.

9. Further claims of the customer, in particular a claim for compensation for damage that has not occurred to the delivery item itself, are excluded to the extent permitted by law.

IX. Liability

1. If the delivery item cannot be used by the customer in accordance with the contract due to the supplier’s fault as a result of omitted or faulty execution of suggestions and advice given before or after the conclusion of the contract or due to the violation of other contractual secondary obligations, in particular instructions for the operation and maintenance of the delivery item, then the provisions of Sections VIII and IX 2 apply accordingly, to the exclusion of further claims by the customer.

2. For damage that has not occurred to the delivery item itself, the supplier is liable, for whatever legal reasons, only in the case of intent, gross negligence of the owner/the bodies or senior employees, in the case of culpable injury to life, body, health, in the case of defects that they maliciously concealed or whose absence they guaranteed, in the case of defects of the delivery item, insofar as liability is assumed under the Product Liability Act for personal injury or property damage to privately used objects. In the event of culpable violation of essential contractual obligations, the supplier is also liable for gross negligence of non-executive employees and for slight negligence, in the latter case for reasonably foreseeable damage. Further claims are excluded.

X. Limitation Period

All claims of the customer, for whatever legal reasons, expire after 12 months. The statutory periods apply for intentional or malicious behavior and for claims under the Product Liability Act.

XI. Jurisdiction

In all disputes arising from the contractual relationship, if the customer is a fully qualified merchant, a legal entity under public law, or a special fund under public law, the action must be brought at the court responsible for our headquarters. We are also entitled to sue at any other justified place of jurisdiction. For claims by way of summary proceedings for payment, the place of jurisdiction is agreed to be Dillingen/Do.

XII . Legal Validity

German law shall apply exclusively to the contractual relationships and agreements.

XIII . Field Trial Conditions

1. Prerequisites

The prerequisite for granting a field trial use is the conclusion of a legally binding purchase contract in accordance with the guidelines of our General Terms and Conditions of Sale and Delivery. Deliveries under field trial conditions are deemed agreed upon if we have expressly confirmed the delivery for field trial in writing.

2. Trial Period

The device must be tested at the agreed acceptance location within 1 week of receipt, unless other written agreements have been made with us. Approval of the operation of the device must be declared within this period. If no deadline is agreed for the actual trial use, it may extend for a maximum of one day. We are entitled to have the field trial use carried out or monitored by factory employees or other representatives.

3. Acceptance

If the device performs the functions and results expected under normal weather and usage conditions, it must be accepted by the recipient in accordance with the purchase contract. A device is also deemed accepted if it has been used for more than one day. If the trial use of the device is not to the satisfaction of the customer, they are obliged to inform us immediately and to give us the opportunity to carry out a new trial use in the presence of one of our factory employees or another representative within a reasonable period of time.

4. Return

The buyer is only entitled to return the device to us if it has not satisfied in its way of working during the trial use in the presence of our factory employee or another representative, as explained in section 3. In this case, the device is to be returned to us or to the address specified by us immediately in a cleaned condition, freight free for the supplier and at the risk of the customer. In this case, the supplier and the customer have the right to withdraw from the purchase contract.

Safety Instructions and Identification

Attention: According to § 31 and § 23 StVZO, the driver and owner are responsible for operation when using mounted and trailed equipment.

I. Safety Instructions

1. Equipment with a transport width of more than 3.0 m may not be transported on public roads without an exceptional permit, unless in the longitudinal direction on suitable transport trailers.
2. The mounting of equipment on the front and rear three-point linkage must not lead to an exceeding of the permissible total weight, the permissible axle loads, and the tire load capacities of the tractor. The front axle of the tractor must always be loaded with at least 20% of the curb weight of the tractor. The driver of the tractor is responsible for ensuring that these requirements are met.

3. The front edge of a front-mounted implement must not be more than 3.5 m away from the center of the tractor’s steering wheel. If this dimension is exceeded, additional measures are required to ensure safe transport on public roads, e.g., an accompanying person as a banksman.

4. Trailed agricultural equipment with a permissible total weight of more than 3 t requires an operating permit if public roads are used for the journey.

II . Identification and Lighting

1. If the vehicle has parts that endanger traffic, insofar as the protrusion of parts beyond the contour of the vehicles cannot be avoided, they must be identified by warning signs. This also applies to traffic-hazardous parts such as knives, tines, discs …

2. If a mounted implement projects to the rear by more than 1 m beyond the rear lights of the tractor, such a mounted implement must be identified by a warning sign. In the dark or when the weather requires it, at least one rear light and reflector must be attached to the device.

3. If a mounted implement projects laterally by more than 40 cm beyond the clearance or rear lights of the tractor, it must be identified by warning signs to the front and rear. In the dark or when the weather requires it, additional clearance and rear lights as well as reflectors must be attached.

4. Mounted implements must also be provided with lighting equipment if the tractor’s lighting system is covered by the mounted implement.