Legal

General Terms of Sale and Delivery

of AWM-Precision GmbH, Parkallee 5, 16727 Velten. These terms apply exclusively to entrepreneurs within the meaning of § 14 BGB. This English version is a non-binding translation for convenience; in the event of discrepancies, the German version prevails.

I. General / Scope

  1. These General Terms of Sale and Delivery (the “Terms”) apply to all present and future business relations between AWM-Precision GmbH, Parkallee 5, 16727 Velten, Germany (the “Seller”) and the buyer.
  2. The Terms apply exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law.
  3. Deviating, conflicting or supplementary terms of the buyer do not become part of the contract, even if the Seller does not expressly object to them.
  4. The Seller is entitled to amend these Terms for future business relations, provided the buyer is informed of this in text form.
  5. Where framework or supply agreements exist, these Terms apply both to the framework agreement and to each individual order.

II. Offer, documents, conclusion of contract

  1. Offers, price lists, catalogues, technical data, illustrations and brochures of the Seller are subject to change and non-binding unless expressly designated as binding in writing.
  2. Technical specifications, drawings, dimensions, weights or performance data do not constitute a guarantee of quality (Beschaffenheitsgarantie) unless expressly designated as such in writing.
  3. Orders placed by the buyer are binding on the buyer. A contract is only concluded upon written order confirmation by the Seller or upon delivery or invoicing.
  4. The written order confirmation of the Seller is solely decisive for the content and scope of the contract.
  5. Verbal collateral agreements, assurances or changes require written confirmation to be effective.
  6. Documents provided by the Seller remain its property and may not be reproduced or made accessible to third parties without consent.

III. Scope of delivery, delivery period, default

  1. Delivery dates and periods are only approximately agreed unless expressly confirmed as binding in writing.
  2. Delivery periods are extended appropriately if the buyer fails to provide required cooperation in time, and in the event of official measures, operational disruptions, force majeure or delays by upstream suppliers.
  3. Force majeure also includes, in particular, strikes, lockouts, power failures, transport disruptions or pandemics.
  4. The Seller is entitled to make partial deliveries insofar as this is reasonable for the buyer.
  5. Claims for damages by the buyer due to delayed delivery are governed by Section X (Liability).

IV. Prices, payment terms

  1. All prices are net, plus statutory VAT, freight, packaging, insurance, customs duties and other ancillary costs.
  2. Invoices are due for payment immediately without deduction unless otherwise agreed.
  3. In the event of default in payment, the Seller is entitled to charge default interest of 9 percentage points above the applicable base rate (§ 288 (2) BGB). The assertion of further damages caused by default remains reserved.
  4. The buyer is only entitled to set-off and retention rights if its counterclaims have been legally established, are undisputed or have been recognised by the Seller.

V. Passing of risk, acceptance, shipment

  1. The risk passes to the buyer upon commencement of loading or dispatch, including for partial deliveries.
  2. If dispatch or acceptance is delayed for reasons for which the Seller is not responsible, the risk passes upon notification of readiness for dispatch or acceptance.
  3. The buyer is obliged to check delivery notes and to report discrepancies in writing without delay.

VI. Used / non-new / fully reconditioned machines

  1. Used, non-new or fully reconditioned machines are sold, to the extent legally permissible, with the exclusion of any warranty.
  2. The sale is made “as inspected” or “as seen”; the buyer acquires the machines at its own risk.
  3. The exclusion of warranty does not apply in cases of intent or fraudulent concealment of a defect, where a guarantee has been assumed, or for damages arising from injury to life, body or health. In all other respects, the liability provisions of Section X apply.

VII. New machines

  1. For new machines, only the manufacturer’s warranty applies; the Seller assumes no warranty of its own.
  2. Warranty claims are to be asserted directly against the manufacturer. The Seller may provide support but assumes no liability in this respect. Section X remains unaffected.

VIII. Tools, accessories, consumables

  1. Tools, grinding wheels, milling cutters, drills, reamers and accessories are sold as new.
  2. Only the warranty of the respective manufacturer applies.
  3. Section XII applies additionally to deliveries outside the EU. The liability provisions of Section X remain unaffected.

IX. Notice of defects

  1. The buyer must inspect the goods without delay, at the latest within 7 days of delivery.
  2. Obvious defects must be reported in writing without delay; hidden defects without delay after their discovery.
  3. If notice is not given, the goods are deemed approved (§ 377 HGB).

X. Liability

  1. The Seller is liable without limitation for damages arising from injury to life, body or health based on a negligent or intentional breach of duty by the Seller, its legal representatives or vicarious agents, as well as for damages covered by the German Product Liability Act (Produkthaftungsgesetz).
  2. For other damages, the Seller is liable only in cases of intent and gross negligence — including that of its legal representatives and vicarious agents — in cases of fraudulently concealed defects, and where a guarantee has been assumed.
  3. In the event of slightly negligent breach of a material contractual obligation (cardinal obligation) whose fulfilment is essential to the proper performance of the contract and on whose observance the buyer may regularly rely, liability is limited to the foreseeable damage typical for the contract.
  4. Any further liability, in particular for lost profit, indirect damages or consequential damages, is excluded.
  5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, employees and vicarious agents.
  6. The foregoing liability provisions also apply to the liability and warranty exclusions agreed elsewhere in these Terms, in particular in Sections III, VI, VII, VIII and XII.

XI. Retention of title

  1. The goods remain the property of the Seller until full payment of all claims arising from the business relationship.
  2. The buyer must treat the goods with care and protect them against access by third parties.
  3. Resale in the ordinary course of business is permitted; the buyer hereby assigns to the Seller the resulting claims against its customers in the amount of the invoice value, and the Seller accepts this assignment.
  4. In the event of default in payment, the Seller is entitled to demand the return of the goods.

XII. Export transactions (non-EU)

  1. Deliveries outside the EU are made, to the extent legally permissible, without warranty and without return. The liability provisions of Section X remain unaffected.
  2. The buyer bears all customs, transport and import costs as well as the associated risks.
  3. The buyer is responsible for compliance with the applicable export control, import and customs regulations.

XIII. Place of performance, jurisdiction, law

  1. The place of performance is the registered office of the Seller.
  2. The exclusive place of jurisdiction for all disputes arising from the business relationship is — insofar as the buyer is a merchant, a legal entity under public law or a special fund under public law — Oranienburg, Germany. The Seller is also entitled to bring an action at the buyer’s general place of jurisdiction.
  3. German law applies exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

XIV. Final provisions

  1. Should any provision of these Terms be or become invalid, the remainder of the contract shall remain valid.
  2. Amendments and additions as well as legally relevant declarations require text form.

Status: June 2026