Note: This English translation is provided for convenience only. In the event of any discrepancy, the German version is legally binding.
General terms and conditions (T&Cs) of ABIC Brennertechnik GmbH
I. Contract components
Our offers and contracts, in particular orders, sales, deliveries and the performance and invoicing of services and ancillary services, are governed exclusively by the provisions of the respective contract and these General Terms of Delivery and Payment. These also apply to all future business relationships, even if they are not expressly agreed again. Deviating or supplementary agreements require our written confirmation to be effective. Terms of the purchaser, in particular purchasing conditions, only become part of the contract if we expressly agree to their application in writing. Our silence does not constitute consent.
II. Offer, order
Offers made by the supplier are subject to change and non-binding. A contract is only concluded through our written order confirmation. Offers are generally prepared free of charge. Further design or planning work is only carried out free of charge if a legally effective order is placed. Plans are always prepared against payment. Documents enclosed with the offer are only approximately authoritative unless expressly marked as binding. The supplier reserves all ownership and copyright rights in these documents. They may not be reproduced or made accessible to third parties without prior written consent.
III. Prices
All prices are net prices plus the applicable statutory value added tax, which is to be paid by the buyer. The VAT rate applicable by law on the day of delivery or performance is decisive. The stated prices are subject to change for deliveries and services that are to be provided more than four months after conclusion of the contract. In this case, the supplier is entitled to charge the prices customary on the day of delivery or performance. Services that were not agreed or were ordered subsequently are invoiced on the basis of the actual effort, using the labour and material costs applicable at the time. The offer prices only apply if the complete offered system is ordered and if installation and subsequent commissioning take place without interruption.
IV. Payment terms
The following payment terms generally apply:
Complete deliveries of systems and trade goods, spare parts deliveries, repair work and work charged on a time-and-materials basis are payable net without deduction within 14 days. In the event of late payment, we charge default interest at 9 percentage points above the respective base interest rate pursuant to § 247 BGB (German Civil Code), but at least at the overdraft interest rates customary at commercial banks. We reserve the right to claim further damages for delay. Reminder costs may be charged in a reasonable amount. The purchaser may only assert rights of retention or set-off if the counterclaims are undisputed or have been finally established by a court. In the case of claims for defects, the purchaser may only withhold a reasonable part of the purchase price that is in reasonable proportion to the defect. If the payment terms are not complied with, or if circumstances become known that call the purchaser's creditworthiness into question, all claims become due immediately. In this case, the supplier is entitled to carry out outstanding deliveries only against advance payment or the provision of security. Without prejudice to further statutory rights, the supplier is entitled in the event of late payment to withdraw from the contract and to take back goods delivered under retention of title at the purchaser's expense.
V. Delivery time
The delivery time begins with the order confirmation and, unless otherwise agreed, refers to the point at which the delivery item is ready for installation. If information or documents required for performance are not made available to the supplier in good time, or if delivery or performance is delayed for reasons of force majeure, the delivery time is extended accordingly. Force majeure includes in particular mobilisation, war, riot, operational disruptions, strikes, lockouts and comparable unforeseeable events, including where they occur at upstream suppliers. If such circumstances make delivery or performance permanently impossible, the supplier is released from its obligation to deliver. Claims for damages by the purchaser due to delayed delivery are excluded unless there is intent or gross negligence.
The delivery time is deemed to have been met if, for delivery without installation, readiness for dispatch has been established and the purchaser has been informed of this, and, for delivery with installation, the system is ready for operation. If delivery or installation is delayed for reasons for which the purchaser is responsible, the purchaser must reimburse the supplier for the resulting costs.
VI. Shipping and transfer of risk
1. Shipping and risk: Shipping and packaging are carried out at the supplier's best discretion, but always at the purchaser's expense and risk. Unless expressly agreed otherwise, the purchaser bears the risk of loss or damage to the goods from the transfer of risk, in particular through fire, explosion, theft, water, frost or rust. Transport insurance is only taken out at the express request and expense of the purchaser. Transport damage must be reported to the carrier without delay and proven by a corresponding certificate. This must be presented to the supplier without delay. Without corresponding proof, claims for compensation are excluded to the extent permitted by law.
2. Installation and transfer of risk for systems: If the supplier has undertaken installation services, the risk passes to the purchaser upon trial commissioning of the installed system. The purchaser is obliged to check installation reports presented to it without delay and to confirm their accuracy in writing.
VII. Installation
Where installation is included in the price, it comprises the assembly and installation of the parts supplied by the supplier, the connection to interfaces provided on site, and the commissioning of the system. If installation is not expressly included in the price as a lump sum, it is carried out on a time-and-materials basis. In this case, the purchaser is charged the installation rates applicable at the time, as well as any surcharges and incidental costs, plus statutory value added tax.
The following are charged in addition:
a) the actual travel costs of the vehicles and fitters deployed,
b) the transport costs for installation tools and fitters' luggage.
For both time-and-materials and lump-sum installation, the purchaser additionally bears the costs and expenses arising for:
a) downtime and waiting times of the installation personnel, unless the supplier is responsible for them,
b) the provision of necessary auxiliary staff,
c) the timely completion of all on-site works and connections, in particular buildings, foundations and water, electricity, fuel, steam and other supply connections,
d) the provision of the operating resources required for installation, commissioning and acceptance (in particular equipment, tools, water, electricity, fuels, steam, compressed air and lighting),
e) the transport of all materials to the installation site and the provision of required scaffolding, lifting equipment (e.g. aerial work platforms) and other necessary aids.
VIII. Warranty
a) For deliveries to merchants (B2B), the warranty is provided in accordance with the statutory provisions, taking into account the following rules:
1. Warranty
The supplier warrants for a period of two years from the transfer of risk that the item supplied is free from material and workmanship defects and complies with the state of the art recognised at the time of delivery.
2. Allocation of responsibility
Responsibility for the professional design, dimensioning and suitability of the system, and for proper planning and execution, remains with the party responsible in each case. Any further liability of the supplier for the overall function or system design is excluded to the extent permitted by law.
3. Subsequent performance / spare parts
The warranty is limited to the subsequent delivery or replacement of the defective parts. Only those parts that are directly affected by the material or workmanship defect, and those parts that were damaged as a result of the defect despite proper handling, are replaced.
4. Return and costs
The purchaser must send or deliver the parts to be replaced to the supplier at its own expense and risk. In the case of an accepted warranty claim, the supplier bears the cost of the most economical shipping. Replaced parts become the property of the supplier.
5. If the supplier has carried out installation work in connection with the item supplied, it may also repair the defective parts at the location of the installed system; the supplier's right to choose the warranty under clause 2 instead remains unaffected. In any case, the purchaser bears the costs incurred (working time, expenses, travel costs, etc.).
6. Further claims of the buyer, in particular claims for withdrawal, reduction and damages for indirect damage, consequential damage or loss of profit, are excluded – to the extent permitted by law – irrespective of the legal basis and irrespective of the nature of the defect. The purchaser must grant the supplier a reasonable period and the necessary opportunity to examine and remedy a defect, to carry out rectification work or to make replacement deliveries. If the purchaser refuses this, the purchaser's warranty claims lapse to that extent, to the extent permitted by law.
7. Excluded from the warranty are damages that arise after the transfer of risk as a result of improper or negligent handling, or faulty installation or processing by the purchaser or third parties. The same applies to damage caused by chemical, electrolytic or comparable influences and to natural wear and tear.
8. Warranty claims also do not exist if defects or shortfalls are not notified to the supplier in writing without delay after they are discovered, but at the latest within eight (8) calendar days after becoming aware of them or, in the case of obvious defects, after they could have been detected. What is decisive is that the notice reaches the supplier within the deadline. The purchaser can only assert warranty claims after it has fulfilled the contractual obligations incumbent on it, in particular the agreed payment terms.
9. The provision of warranty services does not extend the warranty period. The warranty for spare parts expires with the warranty period for the item supplied.
b) For non-merchants, the following applies, unless the conditions set out under VIII a) are also applied here by means of a supplementary agreement:
1. obvious defects, shortfalls or incorrect deliveries must be claimed within eight (8) calendar days after delivery, in any case before installation,
2. hidden defects must be notified within eight calendar days after their discovery, at the latest within the statutory period of 6 months.
3. Notices of defects must be made in writing.
4. Subsequent performance and liability: In the case of a timely and justified notice of defect concerning a faulty delivery or service, the supplier is entitled, at its option, to rectify the defect or make a replacement delivery. If subsequent performance fails, or is unreasonable for the supplier or involves disproportionate costs, the purchaser is entitled to the statutory warranty rights under the statutory conditions. Guarantees in the legal sense only exist if they are expressly designated as such.
5. Claims for damages by the purchaser – irrespective of the legal basis, in particular for breach of duty, fault in contract negotiations or tort – are excluded unless there is intent or gross negligence on the part of the supplier, its legal representatives or vicarious agents. In the event of a breach of material contractual obligations, however, liability is limited to the damage typically foreseeable for this type of contract.
6. Excluded from the warranty are: damage after the transfer of risk as a result of negligent or improper handling, defective handling or faulty installation by the purchaser or third parties, chemical or electrolytic influences and the like, and natural wear and tear.
7. The purchaser can only assert warranty claims after it has fulfilled the contractual obligations incumbent on it, in particular the prior payment of a reasonable part of the total remuneration.
8. The provision of warranty services does not extend the warranty period. The warranty for spare parts expires with the warranty period for the item supplied.
IX. Withdrawal
In the event of delays in or failure of delivery or performance as a result of the circumstances named in section V, sentence 2, the purchaser is not entitled to withdraw; however, the supplier has a right of withdrawal in the event of failure of delivery or performance.
The purchaser is entitled to withdraw from the contract if the item supplied has a defect that is based on a design flaw that cannot be remedied. The purchaser cannot derive any claim for damages from exercising one of the rights of withdrawal listed in clauses 1 and 2.
X. Retention of title / security
Until all claims arising from the business relationship have been paid in full, the goods supplied remain the property of the supplier (goods subject to retention of title). The retention of title also extends to the processing, combination or installation of the goods subject to retention of title, to the extent that § 95 BGB applies. The purchaser is entitled to resell the goods subject to retention of title in the ordinary course of business. Other dispositions, in particular pledging or transfer by way of security, are not permitted. Enforcement measures against the goods subject to retention of title must be notified to the supplier without delay. The purchaser hereby assigns to the supplier, by way of security, all claims arising from the resale of the goods subject to retention of title, and the supplier accepts this assignment. The purchaser remains entitled, subject to revocation, to collect the assigned claims as long as it properly meets its payment obligations. In the event of enforcement of the security – in particular in the event of late payment, an application for insolvency, suspension of payments or protest of a cheque or bill of exchange – the authority to collect lapses. In this case, the supplier is entitled to demand information about the goods subject to retention of title and the assigned claims, to inform third-party debtors and to take back the goods subject to retention of title. The purchaser must grant access to its business premises for this purpose. If the realisable value of the security exceeds the secured claims by more than 20 %, the supplier is obliged, on request, to release security of its choice. Taking back the goods does not constitute withdrawal from the contract unless this is expressly declared.
XI. Place of performance and jurisdiction
The place of performance for all services is Salem.
The place of jurisdiction for all disputes arising from the business relationship, including cheque and bill of exchange liabilities, is Salem, provided that the buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law. This also applies if the buyer's place of residence or habitual abode is not known at the time the action is brought.
XII. Partial invalidity
Should one or more provisions of these T&Cs be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. In place of the invalid provision, an effective provision is deemed to have been agreed that comes as close as possible to the economic purpose of the invalid provision.
As of: Salem-Neufrach, June 2026
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ABIC Brennertechnik GmbH • In Oberwiesen 16 • 88682 Salem • Tel. (07553) 9180280 • Fax (07553) 9180289
Email: post@abic-brennertechnik.de • www.abic-brennertechnik.de
Managing Director: Christian Wolff • Local court (Amtsgericht) Freiburg HRB 7002030 • VAT ID no. DE 814711136
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