General Terms and Conditions

1. Scope, customer groups and incorporation into the contract

1.1 These General Terms and Conditions ("Terms") apply to all offers, deliveries, services and contracts of Ochmann Holzbearbeitungsmaschinen GmbH ("Seller") with customers concerning new and used woodworking machinery, accessories, spare parts and related ancillary services, such as inspection, dismantling, loading, transport, assembly, commissioning, repair or other services, insofar as these are expressly agreed.

1.2 Customers within the meaning of these Terms include consumers and business customers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside that person's trade, business or independent professional activity. A business customer is a natural or legal person, or a partnership with legal capacity, acting in the course of its trade, business or independent professional activity when entering into the legal transaction.

1.3 These Terms apply only insofar as they are validly incorporated into the relevant contract. Consumers are provided with the Terms, the consumer information and any required withdrawal instructions in text form or in another legally permissible manner before making their contractual declaration.

1.4 Any differing, conflicting or additional terms and conditions of the customer do not form part of the contract unless the Seller expressly agrees to their application. This also applies if the Seller delivers goods or provides services without reservation despite being aware of such terms.

1.5 Individual agreements with the customer, in particular details in the offer, order confirmation, invoice, condition report, written record or separate consumer agreement, take precedence over these Terms.

1.6 The presentation of machinery or services on the Seller's website, in advertisements, lists, catalogues or other media does not constitute a legally binding offer. Contracts cannot be concluded directly through the Seller's website; it serves to provide information and enable non-binding enquiries.

2. Formation of the contract, offers, prior sale and errors

2.1 The customer may submit a non-binding enquiry to the Seller in person, by telephone, by email, via a contact form, by post or by other means. Such an enquiry does not oblige either the customer or the Seller to enter into a contract.

2.2 All offers made by the Seller are subject to change and non-binding unless expressly designated as binding. Until the contract is concluded, offers remain subject to prior sale, changes, mistakes, typographical, printing, calculation, transmission and technical errors. Statutory rights to avoid a legal declaration remain unaffected.

2.3 An order or declaration of acceptance by the customer constitutes a binding offer by the customer to enter into a contract. A contract is concluded only when the Seller accepts this offer in text form, in particular by an order confirmation, an express declaration of acceptance, an invoice, a request for payment, handover of the goods or delivery of the goods.

2.4 In dealings with consumers, the Seller normally accepts the customer's offer by issuing a separate order confirmation. Consumers receive the information, notices and documents intended for them separately; these are repeated or specified in greater detail in the order confirmation and/or the contractual documents.

2.5 Ancillary agreements, amendments or additions made by telephone or orally are confirmed in text form for evidentiary purposes. Individual agreements take precedence regardless of their form, provided that they can be shown to have been made.

2.6 Accessories, tools, spare parts, documentation, safety devices or other items are included in the sale only if expressly listed in the offer, order confirmation, invoice or condition report.

2.7 Details concerning trade-ins, reservations or discounts become part of the contract only if confirmed in text form.

3. Condition of the goods, technical specifications and used machinery

3.1 The agreed characteristics and condition of the goods are determined exclusively by the details in the offer, order confirmation, invoice, condition report, inspection or handover record, and any expressly agreed attachments.

3.2 Technical specifications, year of manufacture, operating hours, dimensions, weight, performance data, illustrations, videos, drawings and other descriptions are approximate indications customary in the industry unless expressly designated as binding specifications of the goods or as a guarantee.

3.3 Used machinery is sold in the condition described in the relevant condition report, offer, order confirmation or other contractual documents. Age, intended use, normal signs of use, wear and tear and cosmetic deterioration must be taken into account in the case of used machinery.

3.4 In dealings with consumers, deviations of used goods from the objective requirements are deemed to be agreed characteristics only if the consumer was specifically informed of them before making their contractual declaration and the deviation was expressly and separately agreed. Such a separate agreement may, in particular, take the form of an agreement on the condition of used machinery.

3.5 The Seller provides a guarantee only if it is expressly designated as a "guarantee" in text form. Manufacturer's specifications, advertising statements, brochures, photographs or demonstrations do not establish a guarantee by the Seller.

3.6 The customer must notify the Seller in good time before the contract is concluded of any special requirements concerning the intended use, installation site, utility connection specifications, space available, safety requirements, regulatory requirements or other operating conditions. Mandatory statutory obligations of the Seller, in particular towards consumers, remain unaffected.

4. Prices, additional costs and payment

4.1 Unless expressly stated otherwise, prices quoted to business customers are net prices plus statutory value added tax (VAT). Consumers are quoted total prices including statutory VAT.

4.2 Unless expressly agreed otherwise, prices for new machinery are ex works and prices for used machinery are from the machine's location. Costs for packaging, dismantling, loading, transport, transport insurance, unloading, moving the goods into the premises, positioning, assembly, commissioning, disposal, travel time, customs duties, import charges or other ancillary services are included only if expressly agreed and itemised.

4.3 Consumers are separately informed before the contract is concluded of any additional delivery, shipping, transport, packaging, dismantling, assembly or other costs, insofar as those costs can reasonably be calculated in advance. If such costs cannot be calculated in advance in a particular case, the consumer is informed that they may arise.

4.4 The available payment methods, payment dates and payment terms are set out in the offer, order confirmation or invoice. If advance payment is agreed, the invoiced amount is due immediately upon conclusion of the contract unless a later due date has been agreed. Unless otherwise agreed, the Seller is not obliged to begin dismantling, packaging, loading, shipping, handover or other chargeable ancillary services before payment has been received in full.

4.5 If the customer defaults on payment, statutory default interest applies. The Seller reserves the right to claim compensation for further loss caused by the default.

4.6 The customer may only set off claims that are undisputed, have been finally adjudicated or are ready for judicial determination. The customer may exercise rights of retention only insofar as the counterclaim arises from the same contractual relationship. Mandatory statutory rights of consumers remain unaffected.

4.7 If circumstances become known after the contract has been concluded that materially impair the customer's creditworthiness and appear to jeopardise payment, the Seller may make outstanding deliveries or services conditional upon advance payment or adequate security. If, after a reasonable deadline has been set, the customer provides neither advance payment nor security, the Seller may withdraw from the contract to the extent permitted by law.

5. Delivery, collection, dismantling and loading

5.1 The scope of delivery and services, delivery address, location, collection point, method of delivery, method of transport, dismantling, loading, assembly and commissioning are governed by the relevant agreement in the offer, order confirmation or invoice.

5.2 Delivery and collection dates are binding only if expressly confirmed as binding. In dealings with consumers, statutory delivery periods apply unless a specific delivery time has been agreed.

5.3 Delivery and performance periods are extended by a reasonable period if the Seller is temporarily prevented from delivering or performing on time by circumstances for which it is not responsible. These include, in particular, force majeure, strikes, lockouts, operational disruptions, transport delays, official measures, shortages of energy or materials, and late or improper delivery by the Seller's own suppliers, provided that the Seller is not responsible for these circumstances. The Seller will inform the customer of such circumstances without undue delay. The customer's statutory rights remain unaffected.

5.4 Where collection by the customer is agreed, the Seller will notify the customer as soon as the goods are ready for collection. The customer must collect the goods within the agreed period or, if no period has been agreed, within a reasonable period after notification that they are ready. If the customer fails to collect the goods despite a reminder and a reasonable additional period, the Seller may charge reasonable storage costs and any other additional costs incurred as a result. Further statutory rights are reserved.

5.5 The Seller is obliged to provide dismantling, loading, packaging, transport, unloading, moving the goods into the premises, positioning, assembly or commissioning only if this has been expressly agreed. If it is agreed that the customer will dismantle, load, collect or transport the goods, either personally or through third parties, the customer must ensure that this is carried out professionally, safely and properly and must bear the costs involved.

5.6 The customer bears, in accordance with statutory provisions, any damage, additional costs or delays arising from inadequate preparation, lack of access, missing equipment or permits, incorrect information, late collection or improper dismantling, loading or movement into the premises for which the customer is responsible. In the case of consumers, this applies only insofar as the customer is responsible for the circumstances concerned.

5.7 Partial deliveries and partial performance are permitted insofar as they can reasonably be accepted by the customer. Consumers do not incur additional costs due to partial deliveries unless those costs have been expressly agreed.

5.8 Deliveries to countries outside the European Union may incur additional costs, in particular customs duties, import charges, taxes, bank charges or currency conversion fees. These costs are borne by the customer insofar as they are not attributable to the Seller and the customer was properly informed of them before the contract was concluded, where such information is required by law.

6. Transfer of risk, shipping and transport damage

6.1 If the customer is a consumer, the risk of accidental loss of or accidental deterioration in the goods passes only when the goods are handed over to the consumer or a third party designated by the consumer. This does not apply if the consumer has independently commissioned the freight forwarder, carrier or other person appointed to carry out the shipment and the Seller had not previously named that person to the consumer; in that case, the risk passes upon handover to that person.

6.2 If the customer is a business customer, the risk of accidental loss of or accidental deterioration in the goods passes to the customer, in the case of shipment, when the goods are handed over to the freight forwarder, carrier or other person appointed to carry out the shipment. Where collection is agreed, the risk passes to the business customer upon handover to the customer or its representative, but no later than the commencement of the customer's default in accepting delivery.

6.3 Transport insurance is arranged only if agreed. The customer bears the costs unless otherwise agreed. Consumers' rights in the event of loss of or damage to the goods during transport remain unaffected.

6.4 Consumers are requested, where possible, to report obvious transport damage to the delivery agent immediately and to inform the Seller without undue delay. A consumer's failure to do so has no effect whatsoever on their statutory or contractual rights.

6.5 Business customers must immediately record transport damage, shortages or externally visible defects on the transport documents upon delivery, preserve evidence and inform the Seller without undue delay. The duties to inspect the goods and give notice of defects under section 377 of the German Commercial Code (HGB) remain unaffected.

7. Retention of title

7.1 In dealings with consumers, the goods remain the Seller's property until the purchase price has been paid in full.

7.2 In dealings with business customers, the goods remain the Seller's property until all current and future claims of the Seller arising from the business relationship have been satisfied in full.

7.3 A business customer may resell goods subject to retention of title in the ordinary course of business. The business customer hereby assigns to the Seller all claims arising from the resale of those goods up to the amount of their invoiced value; the Seller accepts this assignment. The business customer remains authorised to collect the assigned claims until that authority is revoked.

7.4 Any processing, combining or mixing of goods subject to retention of title by a business customer is carried out for the Seller as manufacturer for the purposes of retention of title, without creating any obligations for the Seller. If processing, combining or mixing creates a new item, the Seller acquires co-ownership in proportion to the invoiced value of the goods subject to retention of title relative to the value of the new item. The business customer holds the co-owned property in safekeeping for the Seller free of charge.

7.5 The customer must inform the Seller without undue delay if third parties take action against the goods subject to retention of title, in particular by attachment, seizure or other interference. The customer must inform third parties of the Seller's ownership.

7.6 If the realisable value of the security exceeds the secured claims by more than 10%, the Seller will, at the business customer's request, release security of the Seller's choice.

8. Trade-ins

8.1 Machinery or other items belonging to the customer are accepted in part exchange only on the basis of a separate agreement in text form.

8.2 The customer confirms that it is entitled to transfer the item accepted in part exchange, that the item is free of third-party rights unless otherwise disclosed, and that all known defects, damage, accidents, missing parts or other circumstances affecting its value have been fully disclosed.

8.3 If the actual condition of the item accepted in part exchange differs materially from the customer's statements or the basis of the valuation, the Seller may, in accordance with statutory provisions, seek an adjustment, supplementary performance, damages or withdrawal from the contract, provided that the relevant requirements are met.

8.4 Mandatory statutory rights of consumers remain unaffected.

9. Rights in respect of defects / liability for defects in the goods

9.1 If the customer is a consumer, the statutory rights in respect of defects apply. These Terms do not restrict consumers' statutory rights unless a legally permissible deviation has been expressly and separately agreed.

9.2 For used goods sold to consumers, the limitation period for claims in respect of defects may be reduced to one year from delivery if the consumer was specifically informed of this before making their contractual declaration and the reduction was expressly and separately agreed. This reduction does not apply to the consumer's claims for damages or reimbursement of expenses, to injury to life, limb or health, to intent or gross negligence, to fraudulent conduct, to the assumption of a guarantee, or to other claims for which longer statutory periods are mandatory.

9.3 In the case of used machinery sold to consumers, known defects, missing accessories, deviations from objective requirements, the state of wear or other particular characteristics are described in a separate condition agreement or an equivalent separate declaration and become part of the contract only if the consumer expressly and separately confirms them.

9.4 If the customer is a business customer, the limitation period for claims in respect of defects in new goods is one year from delivery unless mandatory statutory provisions prescribe longer periods. Used goods are sold to business customers with liability for defects in the goods excluded, unless expressly agreed otherwise.

9.5 The limitations in clause 9.4 do not apply in cases of fraudulent conduct, the assumption of a guarantee, intent or gross negligence, damage arising from injury to life, limb or health, claims under the German Product Liability Act, or other claims that may not be limited or excluded by law.

9.6 In dealings with business customers, the Seller decides, as part of supplementary performance, whether a defect is remedied by repair or replacement delivery. The business customer must allow the Seller the time and opportunity necessary for inspection and supplementary performance. If supplementary performance fails or cannot reasonably be required, the business customer is entitled to the further statutory remedies subject to these Terms.

9.7 If the customer is a merchant within the meaning of German commercial law, the statutory duties to inspect the goods and give notice of defects apply. If the merchant fails to inspect the goods properly and in good time or to give notice of defects, the goods are deemed approved in accordance with section 377 of the German Commercial Code (HGB).

9.8 No rights in respect of defects exist insofar as the defect is attributable to improper use, incorrect assembly by the customer or third parties, unprofessional commissioning, operating errors, excessive loading, unsuitable operating materials, inadequate care or maintenance, natural wear and tear, unauthorised modifications or third-party repairs not agreed with the Seller. In dealings with consumers, this applies only insofar as the Seller proves that the circumstance concerned caused the defect.

9.9 The customer's rights arising from an expressly assumed guarantee, fraudulently concealed defects or mandatory statutory provisions remain unaffected.

10. Liability

10.1 The Seller is liable without limitation in cases of intent and gross negligence, culpable injury to life, limb or health, the assumption of a guarantee, liability under the German Product Liability Act, and all other cases of mandatory statutory liability.

10.2 In the event of a slightly negligent breach of material contractual obligations, the Seller's liability is limited in amount to the foreseeable loss typical of the contract. Material contractual obligations are obligations whose fulfilment is essential for proper performance of the contract and on whose observance the customer may ordinarily rely.

10.3 In all other respects, the Seller's liability is excluded. The above liability provisions also apply for the benefit of the Seller's statutory representatives, employees, staff, persons engaged to perform its obligations and authorised representatives.

10.4 The above provisions do not alter the burden of proof to the customer's disadvantage.

11. Consumers' right of withdrawal

11.1 Consumers have a statutory right of withdrawal in the case of distance contracts and contracts concluded away from business premises, unless a statutory exclusion applies. Details are set out in the Seller's separate withdrawal instructions.

11.2 Business customers are granted neither a statutory nor a voluntary right of withdrawal.

11.3 If, at a consumer's express request, the Seller is to begin services such as dismantling, assembly, repair, transport arrangements or other services during an ongoing withdrawal period, the consumer's declarations required for this purpose are obtained separately. The consumer's statutory rights remain unaffected.

11.4 For goods that cannot be returned by parcel post, in particular machinery, consumers are informed in the withdrawal instructions or consumer documents of the direct cost of returning the goods or its estimated amount, insofar as the consumer is required to bear those costs.

12. Applicable law, contract language, place of performance and jurisdiction

12.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.2 In dealings with consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12.3 The language of the contract is German.

12.4 In dealings with business customers, the place of performance for deliveries, services and payments is the Seller's registered office, unless expressly agreed otherwise. In dealings with consumers, statutory provisions apply.

12.5 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the Seller's registered office. The same applies if the customer is a business customer and has no general place of jurisdiction in Germany. The Seller is also entitled to bring proceedings at the customer's general place of jurisdiction. Statutory places of jurisdiction for consumers remain unaffected.

13. Alternative dispute resolution

13.1 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13.2 Where additional statutory information obligations arise after a dispute has arisen, the Seller fulfils them to the extent required by law.

14. Final provisions

14.1 If any provision of these Terms is or becomes wholly or partly invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.

14.2 Amendments or additions to the contract are determined by the respective individual agreements between the parties. These Terms do not provide for automatic incorporation into future contracts; they apply to future contracts only insofar as they are validly incorporated in each case or a valid framework agreement exists.

Seller details

Ochmann Holzbearbeitungsmaschinen GmbH
Ernst-Bauer-Str. 3+5, 97941 Tauberbischofsheim
Telephone: +49 9341 1776
Email: info@ochmann-maschinen.de
Managing Director: Arno Ochmann
Register court: Local Court of Mannheim (Amtsgericht Mannheim), HRB 723195