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General Terms and Conditions (GTC)

General Terms and Conditions (GTC) of Wärme- und Glühtechnik GRUBE GmbH


Version of January 27, 2026

 

Wärme- und Glühtechnik GRUBE GmbH

Alte Ziegelei 1

48734 Reken


Tel.: +49 (0) 2864 - 88 555 - 0
Fax: +49 (0) 2864 - 88 555 - 10
24 hours: +49 (0) 180 - 56 56 3 - 56


Email: service@w-grube.de

 

1. Contractual basis

These terms and conditions apply to all business relationships between Wärme- und Glühtechnik GRUBE GmbH ("we") and our customers. They apply exclusively to customers who are entrepreneurs (§ 14 BGB), legal entities under public law, or special funds under public law. The customer's terms and conditions do not apply unless we agree to them in writing.

The terms and conditions apply in particular to:

 

  1. Sale and delivery of movable goods (“goods”), whether manufactured in-house or purchased;

  2. Production of work services;

  3. Carrying out assembly, repair or service work.

 

Individual agreements with the customer (including side agreements, amendments, or modifications) take precedence over these terms and conditions. Written agreements or our written confirmation are binding.

Legally relevant declarations by the customer (e.g., setting deadlines, notification of defects, withdrawal, or price reduction) must be submitted in writing or in text form (letter, email, fax). Statutory form requirements remain unaffected. References to statutory provisions serve only for clarification.

 

2. Offer and acceptance, documents

Our offers are non-binding and subject to change, even if we send documents or information.

A customer order or commission constitutes a binding offer to enter into a contract. We may accept this offer in writing or by performance within four weeks.

 

All rights to plans, drawings, software, and other documents belong exclusively to us. The customer is obligated to treat these documents confidentially.

3rd Prizes

Our prices exclude packaging, transport, and unloading, plus statutory VAT, unless otherwise agreed. Service and repair work will be billed according to the time and materials required.

 

  • Cost estimates are only binding if they are prepared in writing and marked as binding.

  • Additional costs such as customs duties, fees or taxes are borne by the customer.

  • For delivery times exceeding 2 months, price changes may occur due to increased material, energy or raw material costs (from 2% increase), provided that we are not responsible for these.

 

4. Payment, Offsetting

  • Invoices are payable within 30 days of the invoice date.

  • Service/repair work that cannot be carried out will be billed according to the time and materials required.

  • Advance payments may be required for first-time deliveries, high order values, deliveries abroad, or material pre-orders.

  • Payments will be settled in accordance with § 366 para. 2, 367 BGB.

  • Offsetting or withholding payment is only permissible if counterclaims are undisputed or have been legally established.

  • In the event of the customer's insolvency, we are entitled to refuse performance or, after setting a deadline, to withdraw from the contract (§ 321 BGB).

 

5. Delivery and performance deadlines

  • Delivery and performance deadlines are approximate unless expressly agreed to be binding.

  • The period begins upon delivery of goods with the dispatch of the order confirmation or after receipt of an agreed down payment.

  • Delays beyond our control (force majeure, labor disputes, additional orders) will extend the deadline accordingly.

  • Binding delivery/performance deadlines will be confirmed in writing.

6. Delivery/Performance and Transfer of Risk

  • The place of delivery and the place of performance will be agreed upon with the customer.

  • Partial deliveries are permitted.

  • We are entitled to withdraw from the contract if we are not supplied by the supplier despite having entered into a hedging transaction.

  • The risk of loss or damage to the goods passes to the customer upon delivery or, in the case of shipment, to the freight forwarder/carrier.

  • In the case of works contracts, acceptance determines the transfer of risk.

  • If the customer defaults on acceptance, we can charge a flat fee of 0.5% of the order value per calendar week, up to a maximum of 5%.

 

7. Retention of title for goods and services

  • The goods remain our property until all claims have been paid in full.

  • In case of late payment, we can take back the goods; the customer bears the transport costs.

  • Processing or combining the goods with other items is carried out on our behalf; we acquire co-ownership in proportion to the invoice value of the goods subject to retention of title.

  • The customer may resell the goods in the ordinary course of business, but may not pledge them or transfer ownership as security.

  • Any seizures or interventions by third parties must be reported to us immediately in writing.

  • Collateral will be released upon request if the value of our claims exceeds 10%.

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8. Retention of title for service/repair work

  • Ownership of accessories, spare parts and replacement units remains with us until full payment is received.

  • We have a lien on repaired items, which also covers previous or related services.

9. Customer cooperation in work performance

  • The customer provides us with paid support for work services.

  • He ensures occupational safety measures are in place, provides information on safety regulations, and enables the work to begin immediately.

  • Information regarding third-party intellectual property rights must be reported immediately.

 

10. Liability for Defects

  • The customer's rights in the event of material defects, defects in workmanship and legal defects are governed by the statutory provisions, unless otherwise stipulated herein.

  • Defects must be reported in writing immediately:

    • Obvious defects: within 2 weeks of delivery

    • Hidden defects: within 3 weeks of discovery

  • Remedial action will be taken at our discretion, either by repair or replacement/new production.

  • The customer must grant the necessary time and opportunity for subsequent performance.

  • We will bear the inspection and transport costs if defects are actually found; the customer will bear all other costs.

  • In urgent cases, the customer may rectify the defect himself; we must be informed immediately.

11. General Liability

  • We are liable for breaches of obligations in accordance with statutory regulations.

  • In cases of intent or gross negligence, full liability applies.

  • In cases of simple negligence, we are only liable for:

    • damage to life, body or health

    • Breach of essential contractual obligations (liability limited to foreseeable, typical damage)

  • Limitations of liability do not apply in cases of fraudulent concealment or the assumption of a guarantee.

 

12. Statute of limitations

  • General limitation period: 1 year from delivery

  • For buildings, building materials or planning/monitoring services: 5 years

  • Special statutory provisions remain unaffected (§§ 438, 634a BGB).

  • Claims for damages under clause 11 and product liability are subject to statutory limitation periods.

 

13. Choice of law and jurisdiction

  • The laws of the Federal Republic of Germany shall apply exclusively; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

  • The exclusive place of jurisdiction for merchants, legal entities under public law or special funds under public law is Rheinau.

  • We are entitled to bring legal action at the place of performance or at the customer's general place of jurisdiction.

 

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