Terms of service

As of 16 January 2026

General Provisions

These General Terms and Conditions (GTC) apply to all contracts between Neyer Landtechnik GmbH, Roßberger Straße 50, 88339 Bad Waldsee, Germany (“Neyer”) and its customers. Customers within the meaning of these GTC are consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Only the German version of these GTC is authoritative.

Who is a consumer (§ 13 BGB)? “Consumer”:

natural person
enters into a legal transaction
neither for professional nor
commercial purposes

Who is an entrepreneur (§ 14 BGB)? “Commercial customer”:

Natural or legal person or partnership with legal capacity
Exercises commercial or independent professional activity
When concluding a legal transaction
A partnership with legal capacity is a partnership with the ability to acquire rights and enter into liabilities

General Terms and Conditions of the Online Shop

§ 1 Scope of Application

(1) These General Terms and Conditions of Sale (hereinafter: “GTC”) apply to all contracts concluded via our online shop between us,

Neyer Landtechnik GmbH
Roßberger Straße 50,
88339 Bad Waldsee, Germany
Managing Director: Christoph Neyer

and you as our customer. The GTC apply regardless of whether you are a consumer, an entrepreneur, or a merchant.

(2) All agreements concluded between you and us in connection with the purchase contract arise in particular from these Terms and Conditions of Sale, our written order confirmation, and our declaration of acceptance.

(3) The version of the GTC valid at the time the contract is concluded shall be authoritative.

(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

§ 2 Conclusion of Contract

(1) The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract, but rather an invitation to you to submit an offer.

(2) By submitting an order via the online shop by clicking the button “Buy now”, you place a legally binding order. You shall be bound by your order for a period of two (2) weeks after submission; any right to withdraw from the order pursuant to Section 3 shall remain unaffected.

(3) We shall confirm receipt of your order submitted via our online shop without undue delay by e-mail. Such confirmation e-mail does not constitute acceptance of the order unless acceptance is expressly declared in addition to confirmation of receipt.

(4) A contract shall only be concluded once we accept your order by issuing a declaration of acceptance/order confirmation or by delivering the ordered items.

(5) Orders for deliveries abroad can only be accepted subject to a minimum order value. The applicable minimum order value can be found in the price information provided in our online shop.

(6) If the goods you have ordered are not available for reasons beyond our control,

in particular because the goods are not in stock and/or our supplier does not supply

us, does not supply us in due time or does not supply us in full, we reserve the right to withdraw from the contract. In such case, we will inform you without undue delay and refund any payments already

received without undue delay.

§ 3a Right of Withdrawal (Commercial Buyers)

Commercial buyers (e.g. farmers and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB)) do not have a statutory right of withdrawal for online purchases as private consumers do (Section 355 BGB in conjunction with Section 13 BGB).

§ 3b Right of Withdrawal (Consumers)

(1) If you are a consumer (i.e. a natural person who places the order for purposes that cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with the statutory provisions.

(2) If you, as a consumer, exercise your right of withdrawal pursuant to Clause (1), you shall bear the regular costs of returning the goods.

(3) In all other respects, the provisions governing the right of withdrawal apply as set out in detail in the following

Withdrawal Policy

As a consumer, you have the right to withdraw from this contract within fourteen (14) days without giving any reason.The withdrawal period shall be fourteen (14) days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us

Neyer Landtechnik GmbH
Roßberger Straße 50,
88339 Bad Waldsee, Germany
online@neyer

by means of a clear statement (e.g. return request form via login in the online shop) of your decision to withdraw from this contract. Returns can be requested via the account icon on our website: enter the e-mail address used for the order, and a PIN will be sent to you by e-mail to log in.

If you make use of this option, we shall immediately send you a confirmation of receipt of such withdrawal (e.g. by e-mail).

To comply with the withdrawal period, it is sufficient that you send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

The customer is responsible for returning the goods and shall bear the costs for packaging and return shipment. In the event of a return, the purchase price shall be refunded less a restocking fee of fifteen percent (15%), excluding the original delivery costs.

Upon receipt of the returned goods, we shall refund the calculated amount to the customer without undue delay and no later than fourteen (14) days thereafter. For this refund, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged any fees for this refund.

We may refuse to make the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us or to (where applicable, insert the name and address of the person authorized to receive the goods) without undue delay and in any event no later than fourteen (14) days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods if such loss in value is attributable to handling of the goods beyond what is necessary to check their nature, characteristics, and functioning.

– End of the Withdrawal Policy –

(4) The right of withdrawal shall not apply to distance selling contracts

(a) for the supply of goods which are made to the customer’s specifications or clearly personalized, or which due to their nature are not suitable for return or may deteriorate rapidly or whose expiration date would be exceeded;

(b) for the supply of audio or video recordings or software if you have unsealed the delivered data carriers.

§ 4 Delivery Terms and Reservation of Advance Payment

(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery period shall be between two (2) and fourteen (14) working days, unless otherwise agreed. Subject to Clause (3), it shall commence upon conclusion of the contract.

(3) In the case of orders from customers whose place of residence or business is abroad, or where there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of advance payment). If we exercise this right, we shall inform you without undue delay. In such case, the delivery period shall commence upon payment of the purchase price and shipping costs.

§ 5 Prices and Shipping Costs

(1) All prices stated in our online shop are gross prices including statutory value-added tax (VAT), provided that you set the slider to “incl. VAT”, and are exclusive of applicable shipping costs.

(2) Shipping costs are indicated in our price information in the online shop. The total price including VAT and applicable shipping costs is also displayed in the order overview before you submit your order.

(3) If we fulfill your order by partial deliveries pursuant to Section 4 (1), shipping costs shall be charged only for the first partial delivery. If partial deliveries are made at your request, shipping costs shall be charged for each partial delivery.

(4) If you validly withdraw from your contractual declaration pursuant to Section 3, you may, subject to the statutory requirements, request reimbursement of the costs already paid for delivery to you (outbound shipping costs) (cf. Section 3 (3) regarding other consequences of withdrawal).

§ 6 Payment Terms, Set-Off, and Right of Retention

(1) The purchase price and shipping costs shall be payable upon placement of the order and receipt of our invoice.

(2) You may pay the purchase price and shipping costs, at your option, by bank transfer to the account specified in our online shop, by granting us a direct debit authorization, or by EC/Maestro or credit card. In the event that a direct debit authorization is granted or payment is made by EC/Maestro or credit card, we shall debit your account no earlier than the time specified in paragraph (1). A direct debit authorization shall remain valid for future orders until revoked.

(3) You shall not be entitled to set off any claims against our claims unless your counterclaims have been legally established or are undisputed. You shall also be entitled to set off claims if you assert notices of defects or counterclaims arising from the same purchase contract.

(4) As the Buyer, you may exercise a right of retention only if your counterclaim arises from the same purchase contract.

§ 7 Retention of Title

The delivered goods shall remain our property until the purchase price has been paid in full.

§ 8 Warranty

(1) We shall be liable for material or legal defects of the delivered goods in accordance with the applicable statutory provisions. The limitation period for statutory warranty claims shall be two (2) years and shall commence upon delivery of the goods.

(2) Any seller guarantees granted by us for specific items or manufacturer guarantees granted by the manufacturers of certain items shall exist in addition to the claims for material or legal defects within the meaning of paragraph (1). Details regarding the scope of such guarantees are set out in the respective guarantee conditions, which may be enclosed with the items.

§ 9 Liability

(1) We shall be liable to you, in all cases of contractual and non-contractual liability, for intent and gross negligence in accordance with statutory provisions.

(2) In all other cases, we shall be liable—unless otherwise provided in paragraph (3)—only in the event of a breach of a contractual obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance you, as the customer, may regularly rely (so-called cardinal obligation), and then limited to compensation for the foreseeable damage typical for the contract. In all other cases, our liability shall be excluded, subject to paragraph (3).

(3) Our liability for damages resulting from injury to life, body, or health and under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the above limitations and exclusions of liability.

§ 10 Copyright

We hold copyright in all images, videos, and texts published in our online shop. Any use of such images, videos, or texts is not permitted without our express consent.

§ 11 Data Protection Notice

We collect, process, and use your personal data, in particular your contact details, for the purpose of processing your order, including your e-mail address if you provide it to us. For the purpose of credit checks, we may obtain information (e.g. a so-called score value) from external service providers to assist in decision-making and make the method of payment dependent thereon. Such information also includes address data. This processing is carried out for the purpose of contract performance pursuant to Article 6(1)(b) of the GDPR. Further details can be found in our privacy policy (link).

§ 12 Governing Law and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you placed the order as a consumer and have your habitual residence in another country at the time of placing the order, the application of mandatory statutory provisions of that country shall remain unaffected by the choice of law set out in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of placing the order, the exclusive place of jurisdiction shall be the registered office of the Seller, Ravensburg. Otherwise, the applicable statutory provisions shall govern local and international jurisdiction.

(3) Dispute resolution: The European Commission has established an online platform for online dispute resolution (ODR). This platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at:
http://ec.europa.eu/consumers/odr

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

General Terms and Conditions for the Delivery of New and Used Agricultural and Construction Machinery to Consumers

I General Provisions

1. The following terms and conditions of delivery apply to all contracts, deliveries, and other services, including all advisory services that are not the subject of a separate consultancy agreement, unless they are amended or excluded with the express written consent of the Seller. They apply to contracts concluded with customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB). Farmers who generate income from their activities, whether on a full-time or part-time basis, are not considered consumers within the meaning of the law.

2. The Buyer’s terms and conditions shall not become part of the contract, even if the Seller does not expressly object to them again and performs the contractually owed delivery or service without reservation.

II Non-Participation in Consumer Dispute Resolution

The Seller does not participate in consumer dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

III Offer and Scope of Delivery

1. Offers made by the Seller are non-binding. Documents related to the offer, such as illustrations, drawings, weight and dimensional data, are approximate only, unless expressly designated as binding. Performance data and operating costs are stated as average values. The Seller reserves ownership and copyright in cost estimates, drawings, and other documents; such documents may not be made accessible to third parties.

2. The Buyer is bound to the order for agricultural machinery for a maximum period of twelve weeks. The purchase contract is concluded if the Seller confirms acceptance of the order for the specifically designated item in writing within this period or if delivery is effected. The Seller is, however, obliged to notify the Buyer in writing without undue delay of any rejection of the order.

3. All agreements made between the Seller and the Buyer must be recorded in writing in the respective delivery contract. This also applies to ancillary agreements and assurances. Subsequent amendments to the contract agreed orally shall be documented in writing by the contracting parties without undue delay and added to the delivery contract as a supplement.

IV Price and Payment

1. Unless otherwise agreed, prices apply ex warehouse of the Seller or, in the case of shipment from the manufacturer’s plant, ex works. The stated prices do not include delivery and shipping costs. Prices are exclusive of the applicable value-added tax (VAT). The Seller shall be bound to the agreed price for a period of four months. If delivery is to take place more than four months after conclusion of the contract, the Seller shall be entitled, in the event of price increases by its suppliers or unforeseen increases in labor and transport costs, to request negotiations on a price adjustment. Additional expenses incurred by the Seller due to the Buyer’s delay in acceptance may be charged to the Buyer.

2. Unless otherwise agreed, payment shall be made without any deductions upon delivery or provision of the goods and receipt of the invoice, within seven (7) days prior to handover, free of charge to the Seller’s place of payment. Any rights of retention to which the Buyer is entitled pursuant to Section 320 of the German Civil Code (BGB) shall remain unaffected. Any cash discount agreements shall apply only if the Buyer is not in arrears with payments from previous deliveries.

3. The Buyer shall not be entitled to set off any counterclaims that are disputed by the Seller or have not been finally adjudicated. The Buyer may exercise a right of retention only insofar as it is based on claims arising from the purchase contract. If a notice of defects is asserted, the Buyer may withhold payments only to an extent that is reasonably proportionate to the defects that have occurred, provided that this has been actively discussed with the Seller.

4. Payments to employees of the Seller shall be permitted only if such employees present a valid authority to collect payments.

V Delivery Periods and Default

1. Delivery periods and delivery dates shall be binding only if expressly designated as such by the Seller. The delivery period shall commence upon conclusion of the contract, but not before receipt of any documents, permits, approvals to be provided by the Buyer, nor before receipt of any agreed advance payment.

2. Correct and timely self-supply by the Seller is reserved.

3. The delivery period shall be reasonably extended in the event of lawful labor disputes, in particular strikes and lockouts, as well as upon the occurrence of unforeseen obstacles beyond the Seller’s or its agents’ control (such as war, natural disasters, pandemics), insofar as such obstacles demonstrably affect delivery of the sold item.

4. The same shall apply if the Seller itself is not supplied in due time. The Seller shall be entitled to withdraw from the contract if the manufacturer fails to supply the Seller. This shall not apply if the non-delivery is attributable to the Seller (e.g. due to default in payment).

5. Compliance with delivery periods presupposes the Buyer’s proper fulfillment of its contractual obligations.

6. If the Buyer suffers damage due to a delay, the Seller shall be liable in accordance with the statutory provisions.

7. In addition to the statutory default pursuant to Section 286 (3) of the German Civil Code (BGB) and a reminder, the Seller may also place the Buyer in default by setting a payment deadline that is determinable by calendar date within the meaning of Section 286 (2) BGB, deviating from the deadline set out in Clause III.2.

8. If the Buyer is in default of payment, default interest shall be charged at a rate of eight (8) percentage points above the respective base interest rate per annum. The right to assert further damages caused by default remains reserved. If the Seller asserts higher damages caused by default, the Buyer shall be entitled to prove that the asserted damage did not occur or occurred to a substantially lesser extent.

VI Transfer of Risk and Transport

1. Unless otherwise agreed, the choice of shipping route and means of transport shall be at the Seller’s discretion.

2. The transfer of risk shall be governed by the statutory provisions.

3. If dispatch is delayed due to circumstances for which the Buyer is responsible, the risk shall pass to the Buyer as of the date on which delivery is offered. However, at the Buyer’s request and expense, the Seller shall arrange any insurance coverage requested by the Buyer.

4. Delivered goods must be accepted by the Buyer even if they exhibit minor defects, without prejudice to the Buyer’s rights under Section VIII (Notice of Defects and Liability for Defects).

5. Partial deliveries shall be permitted insofar as they are reasonable for the Buyer.

VII Retention of Title

1. The Seller shall retain title to the goods until all claims arising from the business relationship with the Buyer have been fully settled.

2. The Buyer shall be obliged to handle the purchased goods with due care, protect them against interference by third parties, and—where agreed in writing, where extended payment terms have been granted, or where the purchase is financed—immediately insure the goods at replacement value against fire, theft, and water damage and provide evidence thereof upon request. Failing this, the Seller shall be entitled to take out such insurance at the Buyer’s expense. The Buyer hereby assigns any claims for compensation arising therefrom to the Seller.

3. The Buyer shall not pledge the purchased goods nor assign them as security without the Seller’s consent. In the event of seizure, attachment, or other interference by third parties, the Buyer shall notify the Seller in writing without undue delay so that the Seller may bring an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse the Seller for the judicial and extrajudicial costs of such action, the Buyer shall be obliged to compensate the Seller for such costs.

4. If a registration certificate Part II (Zulassungsbescheinigung Teil II) has been issued for the purchased goods, the Seller shall have the exclusive right to possession thereof for the duration of the retention of title.

5. In the event of a breach of contract by the Buyer, in particular default of payment, the Seller shall be entitled, after issuing a reminder and declaring withdrawal from the contract, to repossess the goods, and the Buyer shall be obliged to surrender them.

6. All costs incurred in connection with the repossession and realization of the purchased goods shall be borne by the Buyer. Without proof, realization costs shall amount to ten percent (10%) of the realization proceeds, including value-added tax (VAT). Higher or lower costs shall apply if the Seller proves higher costs or the Buyer proves lower costs. The proceeds shall be credited to the Buyer after deduction of such costs and any other claims of the Seller arising from the purchase contract.

VIII Defects and Liability

1. If the delivered goods do not meet
a) the subjective requirements, i.e. if they do not have the quality agreed between the Buyer and the Seller, are not suitable for the use stipulated under the contract, or are not delivered together with the agreed accessories and instructions, such as assembly or installation instructions; or
b) the objective requirements, i.e. if they are not suitable for ordinary use, do not have the quality customary for goods of the same type or which the Buyer may reasonably expect taking into account the nature of the goods and/or public statements made by the Seller or another party in the contractual supply chain or on their behalf, in particular in advertising, or are not delivered with the accessories, including packaging, assembly or installation instructions, and other instructions which the Buyer may reasonably expect to receive; or
c) the installation requirements (if installation is required),

the Seller shall be obliged to provide subsequent performance (cure).

2. Illustrations or drawings contained in brochures, advertisements, or other offer documents of the Seller are only approximate unless the Seller has expressly designated the information contained therein as binding. Deviations of the delivered goods shall therefore not constitute a defect with regard to the objective requirements of the goods within the meaning of the preceding paragraph. The same shall apply where the Seller and the Buyer have expressly and separately agreed on a deviation from the objective requirements of the goods.

3. The obligation to provide subsequent performance shall not apply if the Seller is entitled to refuse subsequent performance pursuant to statutory provisions.

4. At the Buyer’s choice, subsequent performance shall be effected either by remedying the defect (repair) or by delivery of new goods (replacement delivery). The Buyer shall make the goods available to the Seller for the purpose of subsequent performance and shall grant the Seller a reasonable period of time to effect such subsequent performance. During the period of subsequent performance, the Buyer shall not be entitled to reduce the purchase price or withdraw from the contract.
If the Seller has unsuccessfully attempted repair twice, such repair shall be deemed to have failed. If subsequent performance has failed, the Buyer shall be entitled, at its discretion, to reduce the purchase price or to withdraw from the contract.

5. The Buyer may assert claims for damages due to a defect only after subsequent performance has failed. The Buyer’s right to assert further claims for damages in accordance with the following provisions shall remain unaffected.

6. No warranty shall be assumed for damage caused by the following circumstances: improper or unsuitable use, incorrect assembly or commissioning by the Buyer or third parties, failure to carry out maintenance work where such maintenance is customary and/or recommended by the manufacturer, normal wear and tear—particularly of wear parts—improper or negligent handling, unsuitable operating materials, substitute materials, defective construction work, unsuitable ground conditions, or chemical, electronic, or electrical influences, insofar as such damage is not attributable to fault on the part of the Seller.

7. The Seller shall be liable in accordance with statutory provisions for damages resulting from injury to life, body, or health caused by a culpable breach of duty by the Seller, its legal representatives, or its vicarious agents.
Furthermore, the Seller shall be liable in accordance with statutory provisions for other damages caused by willful intent or gross negligence, as well as fraudulent conduct, on the part of the Seller, its legal representatives, or its vicarious agents.
Where the scope of application of the Product Liability Act (Produkthaftungsgesetz) is applicable, the Seller shall be liable without limitation in accordance with its provisions.

The Seller shall also be liable within the scope of a quality and/or durability guarantee, provided such a guarantee has been issued with respect to the delivered goods. If damage occurs that is based on the absence of the guaranteed quality or durability, but does not occur directly to the goods delivered by the Seller, the Seller shall only be liable if the risk of such damage is evidently covered by the quality and/or durability guarantee.

8. If damage resulting from delay or a defect is based on a slightly negligent breach of a material contractual obligation—i.e. a breach of an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the Buyer may regularly rely (such as timely delivery of the goods)—the Seller’s liability shall be limited to the foreseeable damage typical for the contract at the time of contract conclusion. The same shall apply if the Buyer is entitled to claims for damages in lieu of performance.

9. Any further liability claims against the Seller are excluded, irrespective of the legal nature of the claims asserted by the Buyer. The Seller’s liability pursuant to the preceding paragraphs shall remain unaffected.

10. Claims for defects shall become time-barred upon the purchase of new goods two (2) years after the transfer of risk. Where the Buyer purchases used goods, the limitation period shall be one (1) year after the transfer of risk.

11. The limitation period for defect liability relating to the delivered goods shall be extended by the duration of any interruption of use caused by repair work carried out as part of subsequent performance.

IX Place of Performance and Jurisdiction

1. The place of performance for deliveries and payments, as well as for all present and future disputes arising from the contractual relationship between the parties, shall be the Buyer’s place of residence.

2. If the Buyer does not have a general place of jurisdiction within Germany, relocates its place of residence or habitual residence outside Germany after conclusion of the contract, or if its place of residence or habitual residence is unknown at the time legal proceedings are initiated, the general provisions of the German Code of Civil Procedure (Zivilprozessordnung) shall apply.

3. The legal relationships between the contracting parties shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

X Severability Clause

If individual provisions of this contract are or become invalid or unenforceable, this shall not affect the validity of the contract as a whole. In place of the invalid or unenforceable provision, a valid and enforceable provision shall apply whose effects come as close as possible to the economic intent pursued by the contracting parties with the invalid or unenforceable provision. The foregoing provisions shall apply accordingly in the event that the contract proves to be incomplete.

XI Data Protection

Personal data shall be processed for the purpose of contract performance and direct marketing in accordance with Article 6(1)(b) and (f) of the General Data Protection Regulation (GDPR). Data shall be disclosed to third parties solely within the scope and for the purpose of credit checks to the relevant credit reference agencies. The data shall be deleted as soon as it is no longer required for the fulfillment of the respective purpose.
The Buyer may object at any time to the use of its data for direct marketing purposes and is entitled to request information about the personal data stored by the Seller, as well as to request correction or deletion of such data. Furthermore, the Buyer has the right to lodge a complaint with the competent supervisory authority (State Commissioner for Data Protection).

General Terms and Conditions for the Delivery of New and Used Agricultural and Construction Machinery to Commercial Customers

I General Provisions

1. The following terms and conditions of delivery shall apply to all contracts, deliveries, and other services, including all advisory services that are not the subject of a separate consultancy agreement, unless they are amended or excluded with the Seller’s express written consent. They apply to contracts concluded with customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. Farmers who generate income from their activities, whether on a full-time or part-time basis, are not considered consumers within the meaning of the law.

2. The Buyer’s terms and conditions shall not become part of the contract even if the Seller does not expressly object to them again and performs the contractually owed delivery or service without reservation.

3. Any agreements deviating from these terms and conditions should be included in the order confirmation.

II Offer and Scope of Delivery

1. Offers made by the Seller are non-binding. Documents relating to the offer, such as illustrations, drawings, weight and dimensional data, are approximate only unless expressly designated as binding. Any changes exceeding customary commercial standards shall be deemed unreasonable and shall no longer be acceptable to the Buyer. Performance data and operating costs are stated as average values. The Seller reserves ownership and copyright in cost estimates, drawings, and other documents; such documents may not be made accessible to third parties.

2. Unless a different delivery period has been expressly agreed, the Buyer shall be bound to its order for a maximum period of twelve (12) weeks. The purchase contract shall be concluded when the Seller confirms acceptance of the order for the specifically designated item in writing within this period or when delivery is effected. The Seller shall, however, be obliged to notify the Buyer in writing without undue delay of any rejection of the order.

3. All agreements made between the Seller and the Buyer shall be recorded in writing in the respective delivery contract. This also applies to ancillary agreements and assurances. Subsequent amendments to the contract agreed orally shall be documented in writing by the contracting parties without undue delay and added to the delivery contract as a supplement.

4. The Seller reserves the right to make design and structural modifications to the delivery item, provided that the delivery item is not materially altered and such modifications are reasonable for the Buyer.

III Price and Payment

1. Unless otherwise agreed, prices shall apply ex warehouse of the Seller or, in the case of shipment from the manufacturer’s plant, ex works. Delivery and shipping costs are not included in the price. Prices are exclusive of the applicable value-added tax (VAT). The Seller shall be bound to the agreed price for a period of four (4) months. If delivery is to take place more than four months after conclusion of the contract, the Seller shall be entitled, in the event of price increases by its suppliers or unforeseen increases in labor and transport costs, to request negotiations on a price adjustment. Additional expenses incurred by the Seller due to the Buyer’s delay in acceptance may be charged to the Buyer.

2. Unless otherwise agreed, payment shall be made without any deductions upon delivery or provision of the goods and receipt of the invoice, within seven (7) days prior to handover, free of charge to the Seller’s designated place of payment. Any rights of retention to which the Buyer is entitled pursuant to Section 320 of the German Civil Code (BGB) shall remain unaffected. Any cash discount agreements shall apply only if the Buyer is not in arrears with payments from previous deliveries.

4. Payments to employees of the Seller shall be permitted only if such employees present a valid authority to collect payments.

IV Delivery Periods and Default

1. Delivery periods and delivery dates shall be binding only if expressly designated as such by the Seller. The delivery period shall commence upon conclusion of the contract, but not before receipt of any documents, permits, or approvals to be provided by the Buyer, nor before receipt of any agreed advance payment.

2. Correct and timely self-supply by the Seller is reserved.

3. The delivery period shall be reasonably extended in the event of lawful labor disputes, in particular strikes and lockouts, as well as upon the occurrence of unforeseen obstacles beyond the Seller’s or its vicarious agents’ control (such as war, natural disasters, or pandemics), insofar as such obstacles demonstrably affect delivery of the sold item.

5. Compliance with delivery periods presupposes the Buyer’s proper fulfillment of its contractual obligations.

6. If the Buyer suffers damage due to a delay, the Seller shall be liable in accordance with the statutory provisions.

7. In addition to the statutory default pursuant to Section 286 (3) of the German Civil Code (BGB) and a reminder, the Seller may also place the Buyer in default by setting a payment deadline determinable by calendar date within the meaning of Section 286 (2) BGB, deviating from the deadline set out in Clause III.2.

V Transfer of Risk and Transport

1. Unless otherwise agreed, the choice of shipping route and means of transport shall be at the Seller’s discretion.

2. In the case of a sale involving shipment, the risk shall pass to the Buyer upon handover of the goods to the carrier or freight forwarder, at the latest upon the goods leaving the Seller’s warehouse or, in the case of direct shipment ex works, upon leaving the manufacturer’s plant. This shall also apply if partial deliveries are made or if the Seller has assumed additional services. Upon the Buyer’s request and at the Buyer’s expense, the goods shall be insured.

4. Delivered goods must be accepted by the Buyer even if they exhibit minor defects, without prejudice to the Buyer’s rights under Section VII (Notice of Defects and Liability for Defects).

5. Partial deliveries shall be permitted insofar as they are reasonable for the Buyer.

VI Retention of Title

1. The Seller shall retain title to the goods until all claims arising from the business relationship with the Buyer have been fully settled.

2. The Buyer shall be obliged to handle the purchased goods with due care, protect them against interference by third parties, and—where agreed in writing, where extended payment terms have been granted, or where the purchase is financed—immediately insure the goods at replacement value against fire, theft, and water damage and provide evidence thereof upon request. Failing this, the Seller shall be entitled to take out such insurance at the Buyer’s expense. The Buyer hereby assigns any compensation claims arising therefrom to the Seller.

4. The Buyer shall be entitled to resell the goods in the ordinary course of business. However, the Buyer hereby assigns to the Seller, by way of security, all claims in the amount of the Seller’s final invoice value (including value-added tax) arising from the resale against its customers or third parties, irrespective of whether the goods are resold without or after processing. The Buyer shall remain authorized to collect such claims even after assignment. The Seller’s right to collect the claims itself shall remain unaffected; however, the Seller undertakes not to collect such claims as long as the Buyer duly fulfills its payment obligations. Otherwise, the Seller may require the Buyer to disclose the assigned claims and their debtors, provide all information necessary for collection, hand over the relevant documents, and notify the debtor of the assignment.

5. If a registration certificate Part II (Zulassungsbescheinigung Teil II) has been issued for the purchased goods, the Seller shall have the exclusive right of possession thereof for the duration of the retention of title.

6. In the event of a breach of contract by the Buyer, in particular default of payment, the Seller shall be entitled, after issuing a reminder and declaring withdrawal from the contract, to repossess the goods, and the Buyer shall be obliged to surrender them.

7. All costs incurred in connection with the repossession and realization of the purchased goods shall be borne by the Buyer. Without proof, realization costs shall amount to ten percent (10 %) of the realization proceeds, including value-added tax (VAT). Higher or lower costs shall apply if the Seller proves higher costs or the Buyer proves lower costs. The proceeds shall be credited to the Buyer after deduction of such costs and any other claims of the Seller arising from the purchase contract.

VII Defects and Liability

1. Upon receipt, the Buyer shall immediately inspect the delivered goods for quantity, quality, and warranted characteristics and shall notify the Seller of any obvious defects in writing without undue delay. If the contract constitutes a commercial transaction for both parties, Section 377 of the German Commercial Code (HGB) shall apply, with the proviso that identifiable defects must be notified to the Seller in writing on the same day; otherwise, the goods shall be deemed approved.

2. If the delivered goods do not meet
a) the subjective requirements, i.e. do not have the quality agreed between the Buyer and the Seller, are not suitable for the use stipulated under the contract, or are not delivered together with the agreed accessories and instructions (such as assembly or installation instructions);
b) the objective requirements, i.e. are not suitable for ordinary use, do not have the quality customary for goods of the same type or which the Buyer may reasonably expect taking into account the nature of the goods and/or public statements made by the Seller or another party in the contractual supply chain or on their behalf, in particular in advertising, or are not delivered with the accessories, including packaging, assembly or installation instructions, and other instructions which the Buyer may reasonably expect to receive; or
c) the installation requirements (if installation is required),

the Seller shall be obliged to provide subsequent performance (cure).

3. Illustrations or drawings contained in brochures, advertisements, or other offer documents of the Seller are only approximate unless expressly designated as binding. Deviations of the delivered goods shall therefore not constitute a defect with regard to the objective requirements of the goods within the meaning of the preceding paragraph. The same shall apply where the Seller and the Buyer have expressly and separately agreed on a deviation from the objective requirements of the goods.

4. The obligation to provide subsequent performance shall not apply if the Seller is entitled to refuse subsequent performance pursuant to statutory provisions.

5. Subsequent performance shall be effected, at the Seller’s discretion, either by remedying the defect (repair) or by delivery of new goods (replacement delivery). For the purpose of subsequent performance, the Buyer shall make the goods available to the Seller and grant the Seller a reasonable period of time to effect such subsequent performance. During the period of subsequent performance, the Buyer shall not be entitled to reduce the purchase price or to withdraw from the contract.
If the Seller has unsuccessfully attempted repair twice, such repair shall be deemed to have failed. If subsequent performance has failed, the Buyer shall be entitled, at its discretion, to reduce the purchase price or to withdraw from the contract.

6. Replaced parts shall become the property of the Seller.

7. The Buyer may assert claims for damages due to a defect only after subsequent performance has failed. The Buyer’s right to assert further claims for damages in accordance with the following provisions shall remain unaffected.

8. No warranty shall be assumed for damage caused by the following circumstances: improper or unsuitable use, incorrect assembly or commissioning by the Buyer or third parties, failure to carry out maintenance work where such maintenance is customary and/or recommended by the manufacturer, normal wear and tear—particularly of wear parts—improper or negligent handling, unsuitable operating materials, substitute materials, defective construction work, unsuitable ground conditions, or chemical, electronic, or electrical influences, insofar as such damage is not attributable to fault on the part of the Seller.

9. The Seller shall be liable in accordance with statutory provisions for damages resulting from injury to life, body, or health caused by a culpable breach of duty by the Seller, its legal representatives, or its vicarious agents.
Furthermore, the Seller shall be liable in accordance with statutory provisions for other damages caused by willful intent or gross negligence, as well as fraudulent conduct, on the part of the Seller, its legal representatives, or its vicarious agents.
Where the scope of application of the Product Liability Act (Produkthaftungsgesetz) is applicable, the Seller shall be liable without limitation in accordance with its provisions.

The Seller shall also be liable within the scope of a quality and/or durability guarantee, provided such a guarantee has been issued with respect to the delivered goods. If damage occurs that is based on the absence of the guaranteed quality or durability, but does not occur directly to the goods delivered by the Seller, the Seller shall be liable only if the risk of such damage is evidently covered by the quality and/or durability guarantee.

10. If damage resulting from delay or a defect is based on a slightly negligent breach of a material contractual obligation—i.e. an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the Buyer may regularly rely (such as timely delivery of the goods)—the Seller’s liability shall be limited to the foreseeable damage typical for the contract at the time of contract conclusion. The same shall apply if the Buyer is entitled to claims for damages in lieu of performance.

11. Any further liability claims against the Seller are excluded, irrespective of the legal nature of the claims asserted by the Buyer. The Seller’s liability pursuant to the preceding paragraphs shall remain unaffected.

12. Claims for defects in relation to new goods shall become time-barred twelve (12) months after the transfer of risk. With respect to used goods, defect claims shall exist only if expressly agreed in writing with the Seller.
The limitation period for defect liability relating to the delivered goods shall be extended by the duration of any interruption of use caused by repair work carried out as part of subsequent performance.

The shortening of limitation periods under this Clause 12 shall not apply to damages resulting from grossly negligent or intentional breaches of duty by the Seller, its legal representatives, or its vicarious agents, nor in cases of injury to life, body, or health.

VIII Place of Performance, Jurisdiction, Governing Law

1. The place of performance and the exclusive place of jurisdiction for deliveries and payments, as well as for all present and future disputes arising from the contractual relationship between the parties, shall be the Seller’s principal place of business, provided that both contracting parties are merchants within the meaning of the German Commercial Code (HGB), legal entities under public law, or special funds under public law (Section 38 of the German Code of Civil Procedure). Otherwise, the statutory provisions shall apply.

2. The same place of jurisdiction shall apply if the Buyer does not have a general place of jurisdiction within Germany, relocates its place of residence or habitual residence outside Germany after conclusion of the contract, or if its place of residence or habitual residence is unknown at the time legal proceedings are initiated.

IX Severability Clause

X Data Protection

The Buyer may object at any time to the use of its data for direct marketing purposes and is entitled to request information about the personal data stored by the Seller, as well as to request correction or deletion of such data. Furthermore, the Buyer has the right to lodge a complaint with the competent supervisory authority (State Commissioner for Data Protection).

General Terms and Conditions for the Performance of Repair Work on Agricultural and Construction Machinery for Consumers

I General Provisions

1. The following repair terms and conditions shall apply to all contracts and other services, including all advisory services that are not the subject of a separate consultancy agreement, unless they are amended or excluded with the Contractor’s express written consent. They apply to contracts concluded with customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB). Farmers who generate income from their activities, whether on a full-time or part-time basis, are not considered consumers within the meaning of the law.

2. Agreements between the Client (customer) and the Contractor (workshop) shall be binding if the Client signs a work order containing these repair terms and conditions or referring to their display at the Contractor’s premises. The same shall apply if the Client has received a written order confirmation containing these terms and conditions prior to commencement of the work.

3. Any agreements deviating from these terms and conditions should be included in the work order or confirmation letter.

4. The services to be performed shall be described at least in keywords in the work order or confirmation letter. Amendments or extensions of the repair order may also be agreed orally. If the value of such amendment or extension exceeds thirty percent (30%) of the originally estimated costs of the order, the Contractor shall issue a confirmation letter in the event of an oral agreement.

5. Unless otherwise agreed, repair work shall be carried out at the Contractor’s workshop (place of performance).

6. The order shall include authorization to place subcontracts, to carry out test drives, and—where required—to perform transfer journeys.

7. If the repair item is subject to registration under the German Road Traffic Licensing Regulations (StVZO), the Client shall hand over the registration certificate Part I (Zulassungsbescheinigung Teil I) to the Contractor upon placing the order.

II Non-Participation in Consumer Dispute Resolution

The Contractor does not participate in consumer dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

III Cost Estimate and Costs for Unperformed Orders

1. If a cost estimate with binding price indications is requested prior to execution of the order, this must be expressly stated. Such a cost estimate shall be binding only if issued in writing and expressly designated as binding. Services rendered in connection with the preparation of a cost estimate may be charged to the Client; this applies in particular where work has been carried out on the item to be repaired in this context (e.g. fault diagnosis). If the order is placed, any services charged in connection with the preparation of the cost estimate shall not be charged again.

2. The actual and verifiable effort incurred shall be invoiced to the Client (diagnostic time = working time). If an order cannot be carried out for reasons for which the Contractor is not responsible, the incurred effort shall nevertheless be borne by the Client. This applies in particular
a) if the reported defect did not occur during inspection;
b) if the Client culpably fails to keep the agreed appointment;
c) if the order is terminated during performance pursuant to Section 648 of the German Civil Code (BGB), without a circumstance attributable to the Contractor being the cause thereof.

3. Price information in the work order and in the cost estimate is stated exclusive of statutory value-added tax (VAT); the price including VAT shall be shown separately.

IV Completion

1. The Contractor shall be obliged to meet a completion date expressly designated in writing as binding. In the event that additional or extended orders are placed at a later date or that additional repair work becomes necessary, the completion date shall be postponed accordingly. The same shall apply where such extension is reasonable for the Client. The Contractor shall notify the Client of the new completion date.

2. A completion date expressly confirmed in writing shall constitute a fixed date within the meaning of Section 323 (2) No. 2 of the German Civil Code (BGB) only if the Client declares at the time of placing the order that it will no longer have any interest in the service after the agreed date. If the completion date cannot be met due to force majeure or serious, non-culpable and unforeseeable operational disruptions, such as lawful strikes, lockouts, unavailability of workforce through no fault of the Contractor, or failure of supply, no liability for damages shall arise. The Contractor shall, however, inform the Client of such delays to the extent possible and reasonable. The same shall apply if completion is significantly delayed due to additional or replacement orders or due to necessary additional repair work. These provisions shall not limit the Contractor’s obligation to carefully select skilled personnel and suppliers. Any statutory right of withdrawal shall remain unaffected.

V Acceptance

1. Unless otherwise agreed, acceptance of the work item by the Client shall take place at the Contractor’s premises. If the Client requests acceptance and handover at another location, this shall be at the Client’s expense and risk. The Contractor shall, however, exercise the necessary care during transport.

2. The Client shall be in default of acceptance (Section 293 BGB) if it fails to collect the work item within one week after notification of completion and delivery or dispatch of the invoice. In the case of repair work contractually agreed to be completed within one working day, this period shall be reduced to two days.

3. In the event of default of acceptance, the Contractor may charge the customary local storage fee for the work item. At the Contractor’s discretion, the work item may also be stored elsewhere under customary conditions. The costs and risks of storage shall be borne by the Client.

VI Invoicing and Payment

1. The Contractor shall be entitled to demand a reasonable advance payment upon placement of the order. The amount of the advance payment shall be based on the expected time expenditure and the value of the materials to be procured.

2. When invoicing repair work, the prices for spare parts, materials, and special services used, as well as the prices for labor, shall be shown separately both in the cost estimate and in the invoice. If the order is carried out on the basis of a binding cost estimate, reference to the cost estimate shall be sufficient, provided that any additional work is listed separately.

3. Statutory value-added tax (VAT) shall be borne by the Client.

4. Unless otherwise agreed, remuneration for the repair work shall be due immediately upon acceptance, but at the latest within one week after receipt of the completion notice and delivery or dispatch of the invoice.

5. Set-off against counterclaims is excluded unless the counterclaim has been acknowledged by the Contractor, has been finally adjudicated, or is undisputed. This shall not apply to counterclaims and claims of the Client arising from the same order.

6. If the Client is in default of payment, the Contractor shall be entitled to charge default interest on the due invoice amount at a rate of five percent (5%) per annum above the base interest rate pursuant to Section 247 BGB. Higher interest shall apply if the Contractor proves that it has incurred a higher interest burden; lower interest shall apply if the Client proves that it has incurred a lower interest burden.

VII Lien

1. The Contractor shall be entitled to a contractual lien on the items that have come into its possession as a result of the order, to secure its claims arising from the order. The contractual lien may also be asserted for claims arising from previously performed work, spare parts deliveries, and other services, insofar as these are related to the work item.

2. For other claims arising from the business relationship, the contractual lien shall apply only if such claims are undisputed or have been finally adjudicated and the work item belongs to the Client.

VIII Warranty Claims

The Contractor shall provide warranty for the work performed as follows:

1. If the Client accepts the work item despite knowledge of a defect, warranty claims shall exist only to the extent described below if the Client expressly reserves such rights upon acceptance.

2. The warranty period shall be governed by the statutory provisions.

3. No warranty shall be assumed for damage caused by the following circumstances: unsuitable or improper use, incorrect assembly or commissioning by the Client or third parties, failure to carry out maintenance work where such maintenance is recommended by the manufacturer, normal wear and tear—particularly of wear parts—improper or negligent handling, unsuitable operating materials, substitute materials, defective construction work, unsuitable ground conditions, or chemical, electronic, or electrical influences, insofar as such damage is not attributable to fault on the part of the Contractor.

4. The remedy of warranty-covered defects shall be carried out at the Contractor’s expense at the Contractor’s premises.

5. If the Contractor culpably performs the repair or subsequent repair in a defective manner, the Client shall be entitled to demand either the provision of a replacement machine or replacement vehicle free of charge or reimbursement of the costs for renting an equivalent replacement machine or replacement vehicle. In all other cases, in particular where warranty is excluded pursuant to Clause VIII.3, any claim to the free provision of a replacement machine shall be excluded.

6. If repair fails repeatedly—generally after two unsuccessful attempts—the Client may demand a reduction of remuneration or rescission of the contract.

7. The remedy of a warranty-covered defect by another specialist workshop shall require the prior consent of the Contractor. An exception shall apply in cases of urgent necessity; in such cases, the Contractor shall be notified without undue delay, stating the name and address of the specialist workshop. In all cases, the Client shall ensure that the work order indicates that the defect remedy is being carried out on behalf of the Contractor and that removed parts are kept available for the Contractor for a reasonable period of time. The Contractor shall reimburse the Client for the repair costs demonstrably incurred. The Client shall endeavor to keep the costs of defect remedy as low as possible.

8. Claims arising from material defects shall be asserted by the Client against the Contractor. In the case of oral notifications, the Contractor shall provide the Client with written confirmation of receipt of the notification.

9. If, under statutory provisions, the Contractor is liable for damage caused by slight negligence, the Contractor’s liability shall be limited to cases involving the breach of material contractual obligations—i.e. obligations which, by their nature and purpose, are essential to the performance of the contract or whose fulfillment makes proper performance of the contract possible in the first place and on whose compliance the Client regularly relies and may rely. Such liability shall be limited to the foreseeable damage typical for the contract at the time of conclusion. Personal liability of the Contractor’s legal representatives, vicarious agents, and employees for damage caused by slight negligence shall be excluded.

The limitation of liability set out in this Clause 9 shall not apply to damage resulting from gross negligence or intentional breach of duty by the Contractor, its legal representatives, or its vicarious agents, nor in cases of injury to life, body, or health.

IX Liability for Other Damage

1. Liability for the loss of money and valuables of any kind that have not been expressly taken into safekeeping is excluded.

2. Other claims of the Client that are not governed by Section VIII “Warranty Claims” shall become time-barred within the regular statutory limitation period.

3. The provisions set out in Section X “Liability – Test Drive”, Clauses 1 and 2, shall apply accordingly to claims for damages against the Contractor.

X Liability – Test Drive

1. The Contractor’s liability shall be governed by statutory provisions. However, liability—irrespective of the legal basis—shall be excluded insofar as a non-material breach of duty exists that was neither intentional nor grossly negligent. This shall not apply in cases of injury to life, body, or health or where liability insurance coverage exists in favor of the Contractor. In such case, the Contractor shall assign its claim against the insurer to the Client.

2. If, under statutory provisions, the Contractor is liable for damage caused by slight negligence, such liability shall be limited to breaches of material contractual obligations—i.e. obligations which, by their nature and purpose, are essential to the performance of the contract or whose fulfillment makes proper performance of the contract possible in the first place and on whose compliance the Client regularly relies and may rely. Such liability shall be limited to the foreseeable damage typical for the contract at the time of conclusion.

3. The risk of a test drive shall be borne by the Client if the Client or its authorized representative is driving the vehicle during the test drive.

XI Retention of Title and Replaced Parts

1. The Contractor shall retain title to all installed spare and accessory parts as well as exchanged units that have not become essential components of the work item until all repair invoices have been paid in full.

2. Unless otherwise agreed, replaced parts shall become the property of the Contractor.

XII Place of Performance

For all disputes arising from the legal relationship between the Client and the Contractor, the place of performance shall be the location at which the repair work is carried out.

XIII Severability Clause

XIV Data Protection

The Client may object at any time to the use of its data for direct marketing purposes and is entitled to request information about the personal data stored by the Contractor, as well as to request correction or deletion of such data. Furthermore, the Client has the right to lodge a complaint with the competent supervisory authority (State Commissioner for Data Protection).

General Terms and Conditions for the Performance of Repair Work on Agricultural and Construction Machinery for Commercial Customers

I General Provisions – Placing of Orders

1. The following repair terms and conditions shall apply to all contracts and other services, including all advisory services that are not the subject of a separate consultancy agreement, unless they are amended or excluded with the Contractor’s express written consent. They apply to contracts concluded with customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. Farmers who generate income from their activities, whether on a full-time or part-time basis, are not considered consumers within the meaning of the law.

2. Agreements between the Client (customer) and the Contractor (workshop) shall be binding if the Client signs a work order containing these terms and conditions or referring to their display at the Contractor’s business premises. The same shall apply if the Client has received a written order confirmation containing these terms and conditions prior to commencement of the work.

3. Any agreements deviating from these terms and conditions should be included in the work order or confirmation letter.

5. Unless otherwise agreed, repair work shall be carried out at the Contractor’s workshop (place of performance).

6. The order shall include authorization to place subcontracts, to carry out test drives, and—where required—to perform transfer journeys.

II Cost Estimate and Costs for Unperformed Orders

c) if the order was terminated during performance pursuant to Section 648 of the German Civil Code (BGB), without a circumstance attributable to the Contractor being the cause thereof.

3. Value-added tax (VAT) shall be shown separately in the price information contained in the work order as well as in the cost estimate.

III Completion

1. The Contractor shall be obliged to comply with a completion date expressly designated in writing as binding. In the event that additional or extended orders are placed at a later date or that necessary additional repair work becomes required, the completion date shall be extended accordingly. The same shall apply insofar as such extension is reasonable for the Client. The Contractor shall notify the Client of the new completion date.

2. A completion date expressly confirmed in writing shall constitute a fixed date within the meaning of Section 323 (2) No. 2 of the German Civil Code (BGB) only if the Client declares at the time of placing the order that it will no longer have any interest in the service after the agreed date.
If the completion date cannot be met due to force majeure or serious, non-culpable and unforeseeable operational disruptions—such as lawful strikes, lockouts, unavailability of workforce through no fault of the Contractor, or failure of supply—no liability for damages shall arise. The Contractor shall, however, inform the Client of such delays to the extent possible and reasonable.
The same shall apply if completion is significantly delayed due to additional or replacement orders or due to necessary additional repair work. These provisions shall not limit the Contractor’s obligation to carefully select skilled personnel and suppliers. Any statutory right of withdrawal shall remain unaffected.

IV Acceptance

2. The Client shall be in default of acceptance if it fails to collect the work item within one (1) week after notification of completion and delivery or dispatch of the invoice. In the case of repair work contractually agreed to be completed within one working day, this period shall be reduced to two (2) days.

V Invoicing and Payment

3. Statutory value-added tax (VAT) shall be borne by the Client.

4. Unless otherwise agreed, remuneration for the repair work shall be due immediately upon acceptance, but at the latest within one (1) week after receipt of the completion notice and delivery or dispatch of the invoice.

6. If the Client is in default of payment, the Contractor shall be entitled to charge default interest on the due invoice amount at a rate of eight percent (8%) per annum above the base interest rate pursuant to Section 247 BGB. Higher interest shall apply if the Contractor proves that it has incurred a higher interest burden; lower interest shall apply if the Client proves that it has incurred a lower interest burden.

VI Lien

VII Warranty Claims

The Contractor shall provide warranty for the work performed as follows:

1. If the Client accepts the work item despite being aware of a defect, warranty claims shall exist only to the extent described below if the Client expressly reserves such rights upon acceptance.

2. The warranty period shall be twelve (12) months from the date of acceptance.

3. Obvious defects shall be notified to the Contractor in writing without undue delay after their discovery and shall be precisely specified.

4. No warranty shall be assumed for damage caused by the following circumstances: unsuitable or improper use, incorrect assembly or commissioning by the Client or third parties, failure to carry out maintenance work where such maintenance is recommended by the manufacturer, normal wear and tear—particularly of wear parts—improper or negligent handling, unsuitable operating materials, substitute materials, defective construction work, unsuitable ground conditions, or chemical, electronic, or electrical influences, insofar as such damage is not attributable to fault on the part of the Contractor.

5. Remedy of warranty-covered defects shall be carried out at the Contractor’s expense at the Contractor’s premises. Towing or transport costs shall not be borne by the Contractor.

6. If the Contractor culpably performs the repair or subsequent repair in a defective manner, the Client shall be entitled to demand either the free provision of a replacement machine or replacement vehicle, or reimbursement of eighty percent (80%) of the costs for renting an equivalent replacement machine or replacement vehicle. In all other cases—particularly where warranty is excluded pursuant to Clause VII.4—any claim to the free provision of a replacement machine shall be excluded.

7. If repair fails repeatedly—generally after two unsuccessful attempts—the Client may demand a reduction of remuneration or rescission of the contract.

8. Remedy of a warranty-covered defect by another specialist workshop shall require the prior consent of the Contractor. An exception shall apply in cases of urgent necessity; in such cases, the Contractor shall be notified without undue delay, stating the name and address of the specialist workshop. In all cases, the Client shall ensure that the work order indicates that the defect remedy is being carried out on behalf of the Contractor and that removed parts are kept available for the Contractor for a reasonable period of time. The Contractor shall reimburse the Client for the repair costs demonstrably incurred. The Client shall endeavor to keep the costs of defect remedy as low as possible.

9. No warranty shall be assumed for damage that was not reported by the Client without undue delay in breach of Clause VII.3.

10. Claims arising from material defects shall be asserted by the Client against the Contractor. In the case of oral notifications, the Contractor shall provide the Client with written confirmation of receipt of the notification.

11. If, under statutory provisions, the Contractor is liable for damage caused by slight negligence, the Contractor’s liability shall be limited to cases involving the breach of material contractual obligations—i.e. obligations which, by their nature and purpose, are essential to the performance of the contract or whose fulfillment makes proper performance of the contract possible in the first place and on whose compliance the Client regularly relies and may rely. Such liability shall be limited to the foreseeable damage typical for the contract at the time of conclusion.
Personal liability of the Contractor’s legal representatives, vicarious agents, and employees for damage caused by slight negligence shall be excluded.

12. Claims of the Client arising from material defects shall become time-barred one (1) year after acceptance of the work item.

13. The limitations of liability and reductions of limitation periods set out in Clauses 11 and 12 shall not apply to damage resulting from grossly negligent or intentional breaches of duty by the Contractor, its legal representatives, or its vicarious agents, nor in cases of injury to life, body, or health.

VIII Liability for Other Damage

1. Liability for the loss of money and valuables of any kind that have not been expressly taken into safekeeping is excluded.

2. Other claims of the Client that are not governed by Section VII “Warranty Claims” shall become time-barred within the regular statutory limitation period.

3. The provisions set out in Section IX “Liability – Test Drive”, Clauses 1 and 2, shall apply accordingly to claims for damages against the Contractor.

IX Liability – Test Drive

3. The risk of a test drive shall be borne by the Client if the Client or its authorized representative is driving the vehicle during the test drive.

X Retention of Title and Replaced Parts

2. Unless otherwise agreed, replaced parts shall become the property of the Contractor.

XI Place of Performance and Jurisdiction

1. For all present and future disputes arising from the legal relationship between the Client and the Contractor, the place of jurisdiction shall be the location at which the repair work is carried out (place of performance, Section 29 of the German Code of Civil Procedure).

2. The same place of jurisdiction shall apply if the Client does not have a general place of jurisdiction within Germany, relocates its place of residence or habitual residence outside Germany after conclusion of the contract, or if its place of residence or habitual residence is unknown at the time legal proceedings are initiated.

XII Severability Clause

XIII Data Protection

General Terms and Conditions for the Rental of Agricultural and Construction Machinery to Consumers and Commercial Customers

I General Provisions

1. The following terms and conditions shall apply to all present and future contracts for the rental of motorized equipment, agricultural machinery, equipment and supplies, as well as construction machinery, concluded with customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. Farmers who generate income from their activities, whether on a full-time or part-time basis, are not considered consumers within the meaning of the law.

2. The Lessee’s terms and conditions shall not become part of the contract even if the Lessor does not expressly object to them again and performs the contractually owed delivery or service without reservation.

3. Any agreements deviating from these terms and conditions should be included in the order confirmation.

II Offer, Conclusion of Contract, and Scope of Rental

1. Offers made by the Lessor are non-binding. Documents relating to the offer, such as illustrations, drawings, performance data, weight and dimensional specifications, are approximate only unless expressly designated as binding. Changes exceeding customary industry standards shall be deemed unreasonable and shall not be acceptable to the Lessee. Performance data and operating costs are stated as average values. The Lessor reserves ownership and copyright in cost estimates, drawings, and other documents; such documents may not be made accessible to third parties.

2. Reservations are non-binding. Any entitlement to use the rental item shall arise only upon conclusion of a rental contract in written or text form.

3. The rental contract shall be concluded
a) by signature of the rental contract by both parties;
b) if the Lessor confirms acceptance of the order for the specifically designated rental item in writing or in text form; or
c) if delivery is effected.

4. All agreements made between the Lessor and the Lessee shall be recorded in writing in the respective rental contract. This also applies to ancillary agreements and assurances. Subsequent amendments to the contract agreed orally shall be documented in writing without undue delay by the contracting parties and added to the rental contract as a supplement.

5. Information provided to the Lessee regarding scope of delivery, appearance, performance, dimensions, weights, fuel consumption, and operating costs shall form part of the contract. Such information shall serve as the benchmark for determining whether the rental item is free from defects. The Lessor reserves the right to make design and structural modifications, provided that the rental item is not materially altered and such modifications are reasonable for the Lessee.

6. The rental period shall commence and end on the contractually agreed dates. The rental period may be extended by mutual agreement through reciprocal declarations in written or text form. The request for extension must be received by the Lessor in due time prior to expiry of the rental period. In the absence of a separate contractual agreement, the rental period shall be extended until the rental item has been fully returned to the Lessor or collected by the Lessor.

III Handover and Use of the Rental Item; Scheduled Delivery Date

1. The Lessor shall be obliged to make the rental item available to the Lessee for use for the agreed rental period. The Lessee shall bear the risk from the time of handover of the rental item until its return to the Lessor.

2. During the rental period, the Lessor shall be entitled to replace the rental item with another comparable rental item (e.g. a product from another manufacturer with comparable performance characteristics), provided that such replacement is suitable for the contractually agreed use and purpose and does not conflict with the Lessee’s legitimate interests.

3. The Lessee shall be obliged to pay the agreed rental fee, to use and handle the rental item properly and in accordance with the contract, and to return it at the end of the rental period in a cleaned condition, in proper working order, and fully refueled.

4. Depending on the contractual agreement, the Lessor shall either make the rental item available for collection in proper, operational, and fully refueled condition together with the required documentation, or arrange shipment. Upon collection or dispatch, the risk of transport shall pass to the Lessee.

5. If delivery or return transport is agreed to be carried out by the Lessor, the Lessee shall ensure unobstructed access to the place of loading or installation. Unless otherwise agreed, the choice of shipping route and means of transport shall be at the Lessor’s discretion.

6. In the event of shipment, the risk shall pass to the Lessee upon handover of the goods to the carrier or freight forwarder, at the latest upon the goods leaving the Lessor’s warehouse.

7. If dispatch is delayed due to circumstances for which the Lessee is responsible, the risk shall pass to the Lessee as of the date on which delivery is offered.

IV Defects and Notice of Defects

1. The Lessee shall be entitled to inspect the rental item prior to commencement of the rental period and shall confirm the condition of the rental item and the scope of accessories in the handover report. Any apparent defects shall be recorded in the handover report. Hidden defects, damage, or functional malfunctions shall be reported to the Lessor in writing or in text form without undue delay after discovery.

2. The Lessor shall remedy defects that are reported at the time of handover or immediately after discovery at its own expense. The Lessee shall grant the Lessor the opportunity to remedy such defects. Clause III.2 shall apply accordingly.

3. Upon written confirmation by the Lessor, the Lessee may remedy defects itself or have them remedied. In such case, the Lessor shall bear the necessary costs upon presentation of appropriate receipts.

4. If the Lessor culpably allows a reasonable grace period set for remedying an initial defect or a defect attributable to the Lessor to expire without result, or fails to provide a replacement unit within the stipulated period, the Lessee shall be entitled to withdraw from the contract.

5. The Lessee’s right of withdrawal shall also apply in other cases where remedy of an initial or attributable defect by the Lessor has failed.

6. The rented items shall be insured by the Lessor unless otherwise agreed by the contracting parties. If the insurance includes a deductible, such deductible shall be borne by the Lessee in the event of damage and shall be subject to taxation insofar as the Lessee is liable for the damage.

V Advertising on Rental Items

The Lessor shall be entitled to affix or have affixed advertising for its own purposes and/or for third-party companies on the rental items. The Lessee shall tolerate such advertising insofar as it does not impair the contractually agreed use of the rental item.

VI Price and Payment; Right of Retention

1. Unless otherwise agreed, prices shall apply ex warehouse of the Lessor. Delivery and shipping costs are not included in the price. Fuel and other operating materials shall be borne by the Lessee. All prices are exclusive of the applicable value-added tax (VAT).

2. Unless otherwise agreed, one half of the rental fee calculated on the basis of operating hours shall be payable in advance without deduction. The remaining amount shall be due seven (7) days after invoicing by the Lessor following termination of the rental relationship. The agreed rental fee shall be payable in full even if the agreed rental periods are not fully utilized. Use of equipment with an hour meter beyond the agreed scope shall be additionally charged to the Lessee in accordance with sentence 1.

3. Any rights of retention to which the Lessee is entitled pursuant to Section 320 of the German Civil Code (BGB) shall remain unaffected. Any cash discount agreements shall apply only if the Lessee is not in arrears with payments from previous rentals or other contractual relationships existing between the Lessor and the Lessee.

4. The Lessee shall not be entitled to set off any counterclaims that are disputed by the Lessor or have not been finally adjudicated. The Lessee may exercise a right of retention only insofar as it is based on claims arising from the rental contract. If a notice of defects is asserted, the Lessee may withhold payments only to an extent that is reasonably proportionate to the defects that have occurred.

5. If the Lessee has provided a security deposit, the Lessor shall be entitled, upon termination of the rental contract, to declare set-off against the claim for repayment of the deposit with any claims arising from the rental contract. The deposit shall not bear interest.

6. Payments to employees of the Lessor shall be permitted only if such employees present a valid authority to collect payments.

VII Deadlines and Default

1. Deadlines and dates shall be binding only if expressly designated as such by the Lessor. The period shall commence upon conclusion of the contract, but not before receipt of any documents, permits, and approvals to be provided by the Lessee.

2. Compliance with deadlines presupposes the Lessee’s proper fulfillment of its contractual obligations.

VIII Lessee’s Obligations; Right of Inspection

The Lessee shall be obliged:

1. prior to putting the rental item into operation, to read the operating instructions and at all times observe the safety instructions when using the rental item, and to contact the Lessor without undue delay in case of any questions;

2. to protect the rental item against any form of overuse;

3. to ensure proper and professional maintenance and care of the rental item, in particular to use operating materials (water, oils, lubricants, fuels), cleaning agents, etc. only in perfect condition and as specified in the operating instructions or expressly prescribed by the Lessor;

4. in the event of damage or functional malfunctions, where necessary, to immediately take the rental item out of operation and await the Lessor’s instructions;

5. to have any necessary repair work incumbent upon it carried out without undue delay, properly and professionally, using original or equivalent spare parts at its own expense. Required spare parts shall be procured via the Lessor;

6. to protect the rental item against theft, etc., and as far as possible against weather influences outside working hours;

7. to ensure that the rental item is operated only by trained and instructed persons who are physically and mentally capable of doing so. Where special licenses or permits are required to operate the rental item, the Lessee shall ensure that such licenses or permits are in place and valid;

8. after prior notice by the Lessor, to enable and facilitate inspection and examination of the rental item by the Lessor at the Lessee’s expense in every respect.

IX Lessor’s Rights

1. In the event of a breach of contract by the Lessee, the Lessor shall be entitled, after issuing a reminder and declaring withdrawal from the contract, to repossess the rental item, and the Lessee shall be obliged to surrender it.

2. All costs incurred in connection with the repossession of the rental item shall be borne by the Lessee.

X Subleasing and Special Obligations

The Lessee shall not be entitled to sublease the rental item, to grant rights in the rental item to third parties, or to assign rights arising from the rental contract. If a third party asserts rights in the rental item by seizure, attachment, or the like, the Lessee shall notify the Lessor without undue delay. The Lessee shall inform the third party in writing of the Lessor’s ownership.

XI Return of the Rental Item

1. The Lessee shall hand over the rental item to the Lessor, or make it available for collection, in proper working order, cleaned and fully refueled (Clause III.4), together with all accessories.

2. If collection by the Lessor is agreed, the Lessee shall make the rental item available in due time to ensure collection within the Lessor’s business hours.

3. If, upon return, the rental item is not in a condition compliant with the contract and this is attributable to a breach of the Lessee’s obligations under Section VIII, the rental period shall be extended by the period usually required to restore the rental item to a contractually compliant condition.

4. If the Lessee is culpably unable to return the rental item, it shall be liable for damages. In the case of monetary compensation, the amount payable shall be the amount required to procure an equivalent item at the agreed place of return and at the time compensation is paid.

5. Loss of or damage to the rental item due to a criminal offense shall be reported to the competent police authority without undue delay. Proof of such report shall be provided to the Lessor.

6. The Lessee shall be informed of the scope of defects and damage for which it is responsible and shall be given the opportunity to review and verify.

7. The Lessor shall, if possible, inform the Lessee of the estimated costs required to remedy defects before commencement of the repair work.

8. If the parties disagree about the condition of the rental item and/or repair time and costs, the rental item shall be examined by a publicly appointed and sworn expert.

9. The expert shall prepare an expert report. The costs of the expert shall be borne equally by the Lessor and the Lessee.

10. If the parties cannot agree on the person of the expert, the expert shall be appointed by the Chamber of Crafts (Handwerkskammer) in whose district the Lessor has its registered office.

11. Proper return of the rental item shall be deemed acknowledged by the Lessor if no notice of defects in written or text form has been sent to the Lessee no later than fourteen (14) days after return or collection of the rental item.

XII Termination

A rental contract concluded for a fixed rental period is, in principle, not terminable by either party. Termination for good cause shall remain unaffected. Good cause shall exist in particular if:

1. after conclusion of the contract, facts become known to the Lessor indicating that the Lessee’s creditworthiness has deteriorated according to customary banking criteria, thereby jeopardizing performance of the contract;

2. the Lessee, without the Lessor’s consent, uses the rental item or any part thereof contrary to the contract, transports it to a location other than that specified in the contract, or makes it available to a third party;

3. the Lessee neglects its obligations under Section VIII, thereby significantly endangering the rental item, provided that the Lessee has failed to remedy the situation within a reasonable period after having been requested to do so by the Lessor;

4. the rental item is not handed over to the Lessee in due time and the Lessor is also unable to provide an equivalent replacement.

XIII Limitation of Liability – Damages

1. If, under statutory provisions, the Lessor is liable for damage caused by slight negligence, the Lessor’s liability shall be limited to cases involving the breach of material contractual obligations—i.e. obligations which, by their nature and purpose, are essential to the performance of the contract or whose fulfillment makes proper performance of the rental contract possible in the first place and on whose compliance the Lessee regularly relies and may rely. Such liability shall be limited to the foreseeable damage typical for the contract at the time of conclusion. Personal liability of the Lessor’s legal representatives, vicarious agents, and employees for damage caused by slight negligence shall be excluded.

2. Claims asserted by the Lessee against the Lessor shall become time-barred in accordance with statutory provisions. However, an exclusion period of six (6) months shall apply if the Lessor has rejected a claim of the Lessee in writing as unfounded.

3. The limitation of liability and reduction of limitation periods set out in Clauses 1 and 2 shall not apply to damage resulting from grossly negligent or intentional breaches of duty by the Lessor, its legal representatives, or its vicarious agents, nor in cases of injury to life, body, or health.

XIV Place of Performance, Jurisdiction, Governing Law

1. The place of performance and the exclusive place of jurisdiction for all present and future disputes arising from the contractual relationship between the parties shall be the Lessor’s principal place of business, provided that both contracting parties are merchants within the meaning of the German Commercial Code (HGB), legal entities under public law, or special funds under public law (Section 38 of the German Code of Civil Procedure). Otherwise, the statutory provisions shall apply.

2. The same place of jurisdiction shall apply if the Lessee does not have a general place of jurisdiction within Germany, relocates its place of residence or habitual residence outside Germany after conclusion of the contract, or if its place of residence or habitual residence is unknown at the time legal proceedings are initiated.

XV Severability Clause

XVI Data Protection

The Lessee may object at any time to the use of its data for direct marketing purposes and is entitled to request information about the personal data stored by the Lessor, as well as to request correction or deletion of such data. Furthermore, the Lessee has the right to lodge a complaint with the competent supervisory authority (State Commissioner for Data Protection).

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