Terms and Conditions – General Terms and Conditions
1. Scope of Application
(1) These General Terms and Conditions apply to all offers, deliveries, and services provided by milatech GmbH, Bohnenbergerstraße 10, 75397 Simmozheim, Germany, to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
(2) Any deviating terms and conditions of the customer shall only apply if milatech GmbH expressly agrees to their validity in writing.
(3) These General Terms and Conditions shall also apply to future transactions with the customer without further notice.
2. Offers and conclusion of contract
(1) Offers made by milatech GmbH are subject to change and non-binding unless they are expressly designated as binding.
(2) A contract shall only come into effect upon written order confirmation or upon delivery or provision of services.
(3) We reserve the right to make technical changes and changes to the shape, color, weight, or features to a reasonable extent.
3. Prices and payment terms
(1) All prices are net plus statutory sales tax.
(2) Unless otherwise agreed: Payment within 14 days net.
(3) The customer shall be entitled to set-off and retention rights. Customers only if their claims have been legally established or are undisputed.
(4) Interest on arrears shall be 9 percentage points above the base rate (Section 288 (2) BGB).
4. Delivery, shipping, transfer of risk
(1) Delivery dates are non-binding unless they have been expressly confirmed in writing.
(2) Shipping is at the customer’s risk. The risk is transferred to the customer as soon as the goods leave the warehouse of milatech GmbH.
(3) Partial deliveries are permissible insofar as they are reasonable for the customer.
(4) Delays due to force majeure, operational disruptions, material shortages, or official measures shall extend the delivery period accordingly.
5. Retention of title
(1) The goods remain the property of milatech GmbH until full payment has been received.
(2) Resale in the ordinary course of business is permitted; the resulting claims shall be transferred to milatech GmbH as security.
6. Warranty
(1) The statutory rights in respect of defects pursuant to §§ 434 ff. BGB (German Civil Code) apply, modified by the following conditions.
(2) The warranty period is 12 months from delivery.
(3) The customer must inspect the goods immediately and report any recognizable defects in writing within 7 days (duty to give notice of defects pursuant to § 377 HGB (German Commercial Code)).
(4) In the event of justified defects, milatech GmbH shall, at its discretion, provide subsequent performance by repair or replacement.
(5) Withdrawal or reduction shall only be permissible after two failed attempts at subsequent performance.
7. Liability
(1) milatech GmbH shall only be liable in cases of intent and gross negligence.
(2) In cases of simple negligence, liability shall only be assumed:
– in the event of a breach of essential contractual obligations (cardinal obligations)
– in the event of damage resulting from injury to life, limb, or health
(3) Liability for lost profits, loss of production, or indirect damage is excluded, unless there is intent.
(4) Liability under the Product Liability Act remains unaffected.
8. Special features of machines, accessories, and spare parts
(1) Technical specifications (performance, capacity, dimensions) are non-binding unless they have been expressly guaranteed in writing.
(2) The customer is responsible for ensuring that the machine is suitable for its intended use.
(3) Assembly, installation, and commissioning services are only owed if they have been expressly agreed upon.
(4) Used machines are sold without any warranty, unless otherwise agreed.
9. Services and consulting
(1) Consulting services are provided to the best of our knowledge, but without any guarantee of specific results.
(2) The customer remains responsible for implementing and applying the recommendations.
(3) Training and commissioning shall take place after prior appointment; delays or waiting times shall be borne by the customer.
10. Data protection
The current privacy policy of milatech GmbH applies (see “Privacy Policy”).
Personal data will be processed exclusively in accordance with the GDPR.
11. Note on AI-generated texts and images
(1) In documentation, product descriptions, or presentations, content (text, technical descriptions, images, illustrations) may have been created in whole or in part using artificial intelligence (AI).
(2) All content is reviewed prior to publication.
(3) AI-generated content is subject to the same liability and copyright provisions as manually created content.
12. Place of jurisdiction and applicable law
(1) All contracts are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction is Calw or the court responsible for Simmozheim, as far as legally permissible.
13. Final provisions
(1) Amendments and additions must be made in writing.
(2) Should individual provisions be invalid, the remainder of the contract shall remain valid; the invalid provision shall be replaced by the statutory provision.