General Terms and Conditions of Sale and Delivery of B&F Pro GmbH
(Version: 2025)

I. General Provisions

These General Terms and Conditions of Sale and Delivery shall apply exclusively to all business relationships between B&F Pro GmbH and the purchaser, including future transactions.

Any purchasing conditions or other general terms and conditions of the purchaser are hereby expressly rejected.

If there is a framework agreement between the purchaser and B&F Pro GmbH, these General Terms and Conditions of Sale and Delivery shall apply to both the framework agreement and individual orders.

II. Conclusion of Contract

Offers from B&F Pro GmbH are non-binding and subject to change. Documents associated with the offer, such as illustrations, drawings, weight, and dimension specifications, are approximate unless explicitly stated as binding.

If B&F Pro GmbH provides drawings or technical documents concerning the technical object to be delivered, these remain the property of B&F Pro GmbH.

Orders placed by the purchaser are binding. Unless otherwise confirmed in writing by B&F Pro GmbH, delivery or invoicing shall constitute confirmation of the order.

For purchasers who are merchants, only the written confirmation from B&F Pro GmbH is decisive regarding the content of orders and agreements, unless the purchaser objects immediately in writing. This applies particularly to oral or telephone orders and agreements. Notifications to B&F Pro GmbH are no longer considered immediate if they are not received within four days.

III. Delivery Dates, Scope of Delivery, and Delays

Delivery dates and periods are approximate unless B&F Pro GmbH has expressly provided a binding written commitment. Delays in clarifying order details or in providing required preparatory work by the purchaser shall result in an appropriate extension of delivery dates. Delivery deadlines are considered met when readiness for dispatch is reported.

B&F Pro GmbH is entitled to make partial deliveries, provided these do not fall below a reasonable minimum.

The purchaser is responsible for inspecting and signing the delivery note. Any objections must be communicated immediately in writing. Otherwise, the acknowledged delivery quantity is considered accepted.

In case of delays caused by operational disruptions, official measures, failure of suppliers to deliver to B&F Pro GmbH, or force majeure, delivery times will be extended accordingly. Force majeure includes labor disputes, strikes, and lawful lockouts at B&F Pro GmbH or its suppliers. Claims for damages due to such delays are excluded within the limits of Section VII (General Limitation of Liability).

IV. Prices and Payment Terms

Prices do not include VAT, freight, customs, postage, packaging, insurance, or other expenses. Prices for new machines are based on those valid on the delivery date. Packaging is charged at cost and is non-returnable.

Unless otherwise agreed, invoices are payable immediately without deduction.

If the purchaser falls into arrears, the seller is entitled to charge interest at 14% above the base rate. The assertion of specific damages caused by delay remains reserved.

The purchaser may only offset claims if their counterclaims are legally established, undisputed, or recognized by B&F Pro GmbH.

V. Transfer of Risk and Acceptance

Risk passes to the purchaser upon the commencement of loading or dispatch of the delivery item, even in cases of partial deliveries or when B&F Pro GmbH has undertaken additional services, such as shipping costs, delivery, installation, or commissioning.

If acceptance is required, it is decisive for the transfer of risk. Acceptance must occur promptly at the scheduled acceptance date or upon notification of readiness for acceptance by the supplier. Acceptance may not be refused due to minor defects.

If dispatch or acceptance is delayed for reasons beyond B&F Pro GmbH’s control, risk passes to the purchaser on the day of notification of dispatch or acceptance readiness.

VI. Warranty and Claims for Defects

B&F Pro GmbH shall be liable for defects in delivery under exclusion of further claims as follows:

1.1. Warranty periods for new products are 12 months from the transfer of risk for private use and 12 months for commercial or professional use.

1.2. For used products, the warranty period for private use is 12 months from the transfer of risk. For commercial or professional use, the warranty is excluded. Used machines are delivered in their condition at the time of contract conclusion, including any existing accessories. Liability for open or hidden defects is excluded, even if the purchaser has not inspected the machine, unless B&F Pro GmbH has intentionally or grossly negligently concealed known defects.

The provisions of subsection 1 do not apply to guaranteed characteristics or breach of essential contractual obligations. Such claims, as well as claims for damages not related to the delivered item itself, are excluded under Section VII (General Limitation of Liability) to the extent permitted by law. Repairs or replacements under warranty do not extend the warranty period.

Damages caused by external factors, improper installation or handling, inadequate operation or maintenance, corrosion, or normal wear and tear are excluded from warranty coverage. This particularly applies to wear parts such as rotating components, drive parts, and tools. Warranty claims are based on single-shift operation for machinery unless otherwise specified.

The purchaser must inspect the delivered goods immediately upon receipt at their own expense and notify B&F Pro GmbH in writing of any defects, incorrect deliveries, or shortfalls within seven days. Hidden defects must be reported in writing immediately upon discovery. In commercial transactions, statutory provisions remain unaffected.