Terms and Conditions

I. General Information

The following terms and conditions apply to all negotiations and orders placed with us. Any deviations from these terms must be made in writing. The requirement of written form may only be waived by means of an explicit written declaration. If the contracting parties conclude further similar transactions, our General Terms and Conditions of Business and Delivery shall apply even if their validity is not expressly agreed upon again.

II . Offer

Offers are non-binding until confirmed in writing. Dimensions, weight and performance specifications as well as illustrations and drawings are approximate and not binding. Prior sale is reserved.

III . Delivery Contents

For the scope of delivery, our written order confirmation is decisive; in the case of our offer with a binding validity period and timely acceptance of the offer, this applies unless a timely order confirmation is available. Assurances of properties, collateral agreements, and modifications require our written confirmation. We reserve the right to make design and form changes to the delivery item, provided that the delivery item is not fundamentally altered and the changes are reasonable for the purchaser.

IV. Price and Payment

1. Unless otherwise specifically agreed, all prices are quoted in euros and are ex works, excluding packaging, freight, and insurance. Value-added tax at the applicable statutory rate will be added to the prices. If delivery occurs more than four months after the conclusion of the contract, our prices valid on the day of dispatch shall apply.

2. Unless otherwise agreed, payment shall be made in cash immediately upon receipt of the invoice, without any deduction, at our paying office. If a cash discount is agreed, it will only be granted if payment is received by us within the agreed period. The date on which the amount is credited to our account, or on which our bank confirms receipt of payment, shall be deemed the date of payment. In the event of late payment, interest will be charged in accordance with the current bank rates for temporary loans.

3. Acceptance of checks and bills of exchange is only for payment purposes and remains subject to our discretion in each individual case. Payment shall only be deemed to have been made upon proper redemption of the checks or bills. Any costs incurred in issuing them shall be borne by the purchaser.

4. For payment by bills of exchange acceptable to the national central bank, which must be due no later than three months after the invoice date and submitted immediately upon receipt of the invoice, discount charges shall be borne by the purchaser.

5. Payments shall always be applied first to cover costs and interest, and then to the oldest outstanding debt, regardless of any other instructions from the debtor. Agreed discounts may only be deducted if all previous invoices have been fully paid.

6. Withholding of payments or offsetting against counterclaims disputed by us or not legally established is not permitted.

V. Delivery Time / Lead Time

1. The delivery time begins with the dispatch of the order confirmation, but not before the purchaser has provided all information required for the production of the delivery item and before receipt of any agreed advance payment.

2. The delivery time is deemed to have been met if the delivery item has left the factory or readiness for shipment has been notified by the end of the delivery period.

3. The delivery time shall be extended appropriately in the event of measures within the framework of labor disputes, in particular strikes and lockouts, as well as in the event of obstacles beyond our control that affect the completion of the delivery item. This also applies if such circumstances occur with our subcontractors. The aforementioned circumstances shall not be our responsibility, even if they occur during an existing delay.

4. If the delivery time is exceeded due to our fault, the purchaser shall be entitled, after setting a written grace period of 14 days, to exercise the rights to which they are contractually or legally entitled.

5. Compliance with the delivery time is subject to the fulfillment of the purchaser’s contractual obligations.

VI. Transfer of Risk and Acceptance

1. The risk passes to the purchaser at the latest upon dispatch of the goods, even in the case of delivery free of charge or free installation/commissioning. If shipment is delayed due to circumstances for which the purchaser is responsible, the risk shall pass to the purchaser from the date the goods are ready for shipment; however, we are obliged, at the purchaser’s request and expense, to arrange any insurance the purchaser requires.

2. Delivered items must be accepted by the purchaser, even if they have minor defects, without prejudice to the rights set forth in Section VIII.

3. Partial deliveries are permitted.

VII . Reservation of Ownership

1. We retain ownership of the delivery item until the purchaser has settled all claims arising from the mutual business relationship.

2. As long as the retention of title exists, the purchaser may only dispose of the delivery item in the ordinary course of business. It may not be given away, pledged, or transferred as security.

3. If the delivery item is seized, confiscated, or otherwise affected by third-party actions, or if such actions are imminent, the purchaser must immediately inform us of such actions and take all necessary measures to prevent or reverse them.

4. In the event of resale of the delivery item or any other disposition, the purchaser assigns to us all claims arising therefrom. It is agreed upon conclusion of the purchase contract that the purchase price claim resulting from the resale, including invoiced VAT, shall pass to us in full. All rights accruing to the purchaser from the connection of the delivery item with other goods, so that it becomes an essential part of another item, or from damage, loss, or destruction of the delivery item, are also assigned to us in advance.

5. If the purchaser acts in breach of contract, falls into default of payment, ceases payments, or judicial composition or insolvency proceedings are opened regarding their assets, we have the right to withdraw from the entire contract, including any bills of exchange with later maturity. If the outstanding balance is not paid immediately, the purchaser’s right to use the delivery item ceases, and we are entitled to demand its return immediately, excluding any right of retention—as far as permissible under Section 11 No. 2 b) of the German General Terms and Conditions Act (AGB-Gesetz). This also applies if the purchaser has acquired ownership of the delivery item by incorporation; in this case, they waive their acquired ownership and undertake to transfer the item back to us. All costs incurred by reclaiming the item shall be borne by the purchaser. We are entitled to realize the reclaimed delivery item by private sale in the best possible manner. The proceeds, after deduction of costs, will be credited to the purchaser against their total debt; any surplus will be paid to them. In the event of contract withdrawal due to non-performance, we may also claim compensation for use and damages, unless otherwise compensated.

VIII . Warranty / Guarantee

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

1. All parts that prove to be unusable or significantly impaired in their usability due to circumstances existing prior to the transfer of risk—particularly due to defective design, defective material, or faulty workmanship—shall be repaired or replaced free of charge at our discretion. Any such defects must be reported to us in writing without delay. Replaced parts become our property. The purchaser retains the right, in the event of unsuccessful repair or replacement, to demand a reduction in remuneration or, at their discretion, to rescind the contract.

2. The warranty for our products expires after 12 months; for seasonal equipment, however, not before the end of the first period of use. If shipment or commissioning is delayed through no fault of ours, 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 warranty claims to which we are entitled against the supplier of the third-party product.

4. The purchaser’s right to assert claims for defects expires in all cases 6 months after the timely notification of the defect, but not before the expiration of the warranty obligation.

5. No warranty is assumed for damages arising from the following causes: unsuitable or improper use, faulty assembly or commissioning by the purchaser or third parties, natural wear and tear, faulty or negligent handling, excessive stress, use of unsuitable operating materials or replacement parts, improper storage, or chemical, electrochemical, or electrical influences, unless caused by our fault.

6. The purchaser must provide the necessary time and opportunity for the supplier to carry out all repairs or replacements deemed reasonably necessary after notification, otherwise we are released from liability for defects. Only in urgent cases affecting operational safety or to prevent disproportionately large damage, and provided we are immediately informed, may the purchaser remedy the defect themselves or through third parties and claim reimbursement from us for the necessary costs.

7. We shall bear the direct costs arising from repairs or replacements—including the cost of the replacement item, shipping, and reasonable costs of disassembly and reassembly—provided that the complaint is justified. All other costs are borne by the purchaser.

8. Liability is void for any consequences resulting from modifications or maintenance work carried out by the purchaser or third parties without our prior approval.

9. Further claims of the purchaser, in particular claims for damages not incurred on the delivery item itself, are excluded to the extent permitted by law.

IX. Liability

1. If the delivery item cannot be used in accordance with the contract due to the supplier’s fault—resulting from omitted or defective execution of proposals or advice given before or after conclusion of the contract, or from the breach of other contractual ancillary obligations, in particular instructions for operation and maintenance of the delivery item—the provisions of Sections VIII and IX 2 shall apply accordingly, to the exclusion of further claims by the purchaser.

2. For damages not incurred on the delivery item itself, the supplier shall be liable, for whatever legal reason, only in cases of intent, gross negligence of the owner/management bodies or senior executives, culpable injury to life, body, or health, defects that were fraudulently concealed or whose absence was guaranteed, and defects of the delivery item to the extent liability arises under the Product Liability Act for personal injury or damage to privately used items. In the case of culpable violation of essential contractual obligations, the supplier shall also be liable in the case of gross negligence by non-executive employees and in cases of slight negligence, but only for reasonably foreseeable damage. Further claims are excluded.

X. Limitation

All claims of the purchaser, for whatever legal reason, shall expire after 12 months. For intentional or fraudulent conduct, as well as for claims under the Product Liability Act, the statutory limitation periods shall apply.

XI. Jurisdiction

For all disputes arising from the contractual relationship, if the purchaser is a merchant, a legal entity under public law, or a special fund under public law, any legal action must be brought before the court having jurisdiction over our headquarters. We are also entitled to bring action at any other appropriate place of jurisdiction. For claims under summary proceedings (dunning procedure), the place of jurisdiction shall be Dillingen/Do.

XII . Legal Validity

The contractual relationship and all agreements shall be governed exclusively by German law.

XIII . Field Test Conditions

1. Requirements

The prerequisite for granting a field test deployment 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 test conditions are deemed agreed upon once we have expressly confirmed the delivery for field testing in writing.

2. Trial Period

The device must be tested at the agreed acceptance location within one week of receipt, unless otherwise agreed in writing with us. Approval of the device’s operation must be declared within this period. If no specific period is agreed for the actual trial use, it may not exceed one day. We are entitled to have the field test conducted or supervised by our employees or other authorized representatives.

3. Acceptance

If the device performs the functions and achieves the results expected under normal weather and operating conditions, it shall be accepted by the recipient in accordance with the purchase contract. A device is also considered accepted if it has been used for more than one day. If the trial use of the device does not satisfy the purchaser, they are obliged to inform us immediately and give us the opportunity to conduct a repeat trial within a reasonable period in the presence of one of our employees or another authorized representative.

4. Return

The purchaser is only entitled to return the device to us if it has not met the required performance during the trial use in the presence of one of our employees or another authorized representative, as described in Section 3. In this case, the device must be returned immediately in a cleaned condition, freight-free and at the purchaser’s risk, to us or to the address specified by us. Both the supplier and the purchaser have the right to withdraw from the purchase contract in this case.

Safety Instructions

Caution: According to §§ 31 and 23 of the German Road Traffic Licensing Regulations (StVZO), the driver and owner are responsible for the operation when using attached or towed equipment.

I. Safety Instructions

1. Equipment with a transport width of more than 3.0 m may not be transported on public roads without a special permit, unless transported lengthwise on suitable transport trailers.

2. Attaching equipment to the front or rear three-point linkage must not exceed the tractor’s permissible total weight, permissible axle loads, or tire load capacities. The tractor’s front axle must always be loaded with at least 20% of the tractor’s empty weight. The tractor driver is responsible for ensuring that these requirements are met.

3. The front edge of a front-mounted implement must not extend more than 3.5 m from the tractor’s steering wheel center. If this dimension is exceeded, additional measures must be taken to ensure safe transport on public roads, e.g., a guide person acting as a traffic spotter.

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

II . Marking and Lighting

1. If the vehicle has parts that pose a traffic hazard, and it is unavoidable that parts protrude beyond the outline of the vehicle, these must be marked with warning panels. This also applies to hazardous parts such as blades, tines, discs, etc.

2. If a mounted implement extends more than 1 m beyond the tractor’s rear lights, it must be marked with a warning panel. During darkness or adverse weather conditions, at least one tail light and reflector must be installed on the implement.

3. If a mounted implement extends more than 40 cm laterally beyond the tractor’s marker or tail lights, it must be marked with warning panels at the front and rear. During darkness or adverse weather conditions, additional marker and tail lights as well as reflectors must be installed.

4. Mounted implements must be equipped with lighting devices even if the implement obstructs the tractor’s lighting system.