Legal

General Terms and Conditions of Sale and Delivery

of AWM-Precision GmbH, Parkallee 5, 16727 Velten, Germany — applicable to all sales channels (website, online marketplaces, e-mail, telephone, on-site inspection). Our offers are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). This English version is a convenience translation; in case of discrepancies the German version prevails.

§ 1 Scope, contracting parties

  1. These General Terms and Conditions (“GTC”) apply to all deliveries and services of AWM-Precision GmbH, Parkallee 5, 16727 Velten (“Seller”), irrespective of the sales channel through which the contract is initiated (in particular the website awm-precision.com, online marketplaces such as Kleinanzeigen or Maschinensucher, e-mail, telephone, on-site inspection). They also apply to all future transactions with the Buyer without requiring renewed reference.
  2. The Seller’s offers are directed exclusively at entrepreneurs within the meaning of Section 14 BGB, legal entities under public law and special funds under public law. The Seller concludes contracts only with such persons. The Seller issues offers only after the interested party has evidenced its entrepreneurial status, in particular by stating company name, address and VAT identification number or by providing a commercial register extract or business registration; the Seller is entitled to verify the VAT identification number under the confirmation procedure of Section 18e of the German VAT Act (UStG) and to document the evidence. Offer, order confirmation and invoice are issued exclusively to the Buyer’s company. The Seller may decline to accept the Buyer’s offer for as long as such evidence has not been provided.
  3. The Seller does not conclude contracts with consumers within the meaning of Section 13 BGB. Should a contract with a consumer nevertheless exceptionally come into existence, exclusively the statutory provisions apply to that contract; the precautionary withdrawal instruction including the model withdrawal form forms part of this information. Sections 2 to 9 and Section 12 (2) of these GTC apply only vis-à-vis entrepreneurs, legal entities under public law and special funds under public law.
  4. 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.
  5. For transactions initiated through offers on the Kleinanzeigen platform, exclusively these GTC apply; the General Terms and Conditions of Sale and Delivery published on www.awm-precision.com do not apply in that respect. In case of conflict, these GTC prevail.

§ 2 Offer and conclusion of contract

  1. Listings on online marketplaces and on the Seller’s website are non-binding and do not constitute a binding offer but an invitation to the interested party to submit an offer. No purchase contract is concluded via the Kleinanzeigen platform; conclusion and performance of the contract take place directly between Seller and Buyer.
  2. The Buyer’s offer (order) is binding; the Buyer is bound by it for two weeks from receipt by the Seller. A contract comes into existence when the Seller accepts the offer within this period in text form (Section 126b BGB, e.g. by e-mail) by order confirmation, by issuing the invoice or by handing the goods over to the Buyer. The Seller’s order confirmation is decisive for the content and scope of the contract. Individual agreements (Section 305b BGB) take precedence over these GTC; the Seller confirms such agreements in text form for evidence purposes.
  3. Technical data, drawings, dimensions, weights, illustrations, performance figures and operating-hours indications are descriptions and not guarantees within the meaning of Section 443 BGB unless expressly designated as a guarantee in text form. Unless noted otherwise, information on used machines is based on the machine’s type plate, the previous owner’s statements and the manufacturer’s documentation.
  4. Prior sale remains reserved.

§ 3 Prices and terms of payment

  1. Prices are net plus statutory VAT at the applicable rate, FCA Velten (Incoterms 2020), excluding freight, packaging and transport insurance. No prices are stated in listings on online marketplaces; prices are communicated exclusively upon request to entrepreneurs in text form. Should a contract with a consumer exceptionally come into existence, the Seller states the total price including VAT before the contract is concluded.
  2. Unless expressly agreed otherwise, delivery is made against 100 % advance payment. The goods are made available for collection or dispatched after receipt of payment in full. Payment is made by bank transfer (SEPA/SWIFT) to the account stated in the invoice; cash, cheques and payment services are not accepted.
  3. For export deliveries and intra-Community supplies, the tax exemption requires the necessary evidence. The Buyer is obliged to provide the required information and documents (in particular VAT ID, entry certificate, proof of export) without delay. The VAT identification number must be valid at the time of delivery. If the evidence is not received by the Seller within 30 days of delivery, the Seller is entitled to subsequently charge statutory VAT, which is due immediately. The Seller may retain the VAT amount as security until the evidence is received.
  4. The Buyer may set off, or exercise a right of retention on account of, counterclaims only if they have been finally adjudicated, are undisputed or acknowledged by the Seller, or if they arise from the same contractual relationship and stand in a reciprocal relationship to the Seller’s claim (in particular claims for defects of the delivered goods).

§ 4 Delivery, passing of risk, loading, collection

  1. Unless agreed otherwise, delivery is FCA Parkallee 5, 16727 Velten (Incoterms 2020); loading onto the means of transport provided by the Buyer is performed by the Seller.
  2. The risk of accidental loss and accidental deterioration passes upon handover of the goods to the Buyer or — in case of collection by a carrier or forwarder commissioned by the Buyer — upon completion of loading onto the provided means of transport; in case of dispatch by the Seller, upon handover to the transport person. If the Buyer is in default of acceptance or if collection is delayed for reasons attributable to the Buyer, risk passes upon receipt of the notice of readiness for collection.
  3. Loading at the Velten site is performed by the Seller with its own industrial truck. Load securing, lashing and transport insurance are the responsibility of the Buyer or its carrier.
  4. Delivery dates and periods are deemed approximate only unless expressly designated as binding in text form. In case of merely approximate dates, the Buyer may place the Seller in default after their expiry by setting a reasonable grace period of at least two weeks. Delivery periods are extended appropriately for as long as the Buyer has not performed its duties to cooperate (in particular payment, evidence under § 3 (3), coordination of collection).
  5. Inspection of the goods at the Velten site is possible by prior appointment and is expressly recommended.
  6. The Buyer shall collect the goods, or have them collected, within 14 calendar days of receipt of the notice of readiness and full payment. After expiry of this period the Seller may charge a storage fee of 0.5 % of the net purchase price per commenced week, up to a maximum of 5 % of the net purchase price; the Buyer remains free to prove that the Seller incurred no loss or a substantially lower loss. If the Buyer fails to collect the goods even after a reasonable grace period of at least 14 days, the Seller may withdraw from the contract and claim damages in lieu of performance; § 4 (2) remains unaffected.
  7. Events of force majeure and other impediments not attributable to the Seller — in particular strike, lock-out, official measures, embargo and sanctions provisions, energy or raw-material shortages, transport disruptions, pandemics, and late or incorrect self-supply by upstream suppliers despite a congruent covering transaction — extend the delivery period by the duration of the disruption plus a reasonable start-up time. If the disruption lasts longer than three months, either party may withdraw from the contract with respect to the unperformed part; payments already made will be refunded without delay in that respect. The Seller informs the Buyer without delay of the occurrence of a disruption.
  8. Partial deliveries are permissible insofar as they are reasonable for the Buyer, in particular if the partial delivery is usable for the Buyer within the contractual purpose, delivery of the remaining goods is ensured and the Buyer does not incur significant additional expense as a result.
  9. Collection or handover to a carrier commissioned by the Buyer is possible for buyers from all countries unless export, import or sanctions provisions conflict (§ 9). Dispatch by the Seller takes place only by separate agreement in text form against reimbursement of the actual costs.
  10. Goods suitable for dispatch are delivered in customary transport or shipping packaging; packaging costs are shown separately. The Seller takes back used, completely emptied transport packaging of the same kind, shape and size free of charge at the place of actual handover or in its immediate vicinity for reuse or material recycling; the Buyer is hereby informed of this return option. Machines are handed over unpackaged ex warehouse Velten.
  11. If the goods are not yet at the Seller’s warehouse at the time the contract is concluded (in particular machines from partner dealers’ stock), the Seller procures the goods and makes them available for collection at its warehouse in Velten; the staging period is stated in the order confirmation. At the Buyer’s request, delivery directly from the goods’ current location may be agreed separately in text form (FCA location of the goods, Incoterms 2020); scope, location, price and handover modalities are then set out in a specification to the order confirmation.

§ 5 Retention of title

  1. The delivered goods remain the property of the Seller until full payment of all claims of the Seller arising from the business relationship.
  2. The Buyer shall treat the reserved goods with care and notify the Seller without delay of any third-party access to them.
  3. The Buyer may resell the reserved goods in the ordinary course of business; it hereby assigns to the Seller all claims arising therefrom in the amount of the final invoice amount, and the Seller accepts the assignment. The Buyer remains authorised to collect such claims for as long as it meets its payment obligations.
  4. The Buyer shall insure the reserved goods at its own expense against fire, water and theft at replacement value.
  5. In case of default in payment, the Seller may, after setting a reasonable grace period, withdraw from the contract and demand return of the reserved goods.
  6. If the realisable value of the securities exceeds the secured claims by more than 10 %, the Seller will release securities of its choice at the Buyer’s request.

§ 6 Condition, warranty, software

  1. Used machines, systems, tools and spare parts are sold in used, not technically overhauled condition unless expressly agreed otherwise. Signs of use, ageing and wear commensurate with age and service life do not constitute a defect.
  2. Claims and rights of the Buyer for material defects and defects of title (Section 437 BGB) are excluded for the sale of used goods. The exclusion does not apply to claims based on fraudulently concealed defects, under an assumed guarantee, for damages arising from injury to life, body or health, or for other damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents; liability under the German Product Liability Act remains unaffected.
  3. For the sale of new goods, the limitation period for defect claims is one year from delivery. This reduction does not apply (a) to damage claims under § 8 (1), (b) in case of fraudulent concealment of a defect, (c) to the extent of an assumed guarantee, (d) to goods which, in accordance with their customary use, have been used for a building and have caused its defectiveness (Section 438 (1) no. 2 BGB), and (e) to recourse claims in the supply chain under Sections 445a, 445b BGB; the statutory periods apply in these respects.
  4. The Buyer shall inspect the goods without delay after delivery, at the latest within five working days, and give notice of apparent defects in text form within this period and of hidden defects without delay after discovery; otherwise the goods are deemed approved (Section 377 of the German Commercial Code, HGB). Timely dispatch of the notice suffices to meet the deadline.
  5. Control and application software installed on used machines is supplied in the state existing at handover and is transferred only to the extent it was permanently licensed to the previous owner. The Seller grants no usage rights of its own; the scope and transferability of usage rights are governed by the respective manufacturer’s licence terms and statutory provisions. The Seller owes no software updates, activations, re-registrations or manufacturer support unless expressly agreed in text form. Any required transfer or re-registration of manufacturer licences is arranged by the Buyer itself.

§ 6a Repair and service work

  1. German law on contracts for work applies to repair, overhaul and service work. Cost estimates are non-binding unless expressly designated as binding.
  2. The Buyer shall accept the work without delay after completion; acceptance is deemed to have occurred if the Buyer does not give notice of material defects in text form within ten working days of the notice of completion, or if it uses the machine productively.
  3. Travel times, travel costs and waiting times attributable to the Buyer are charged at the rates stated in the offer.
  4. Defect claims arising from work performances become time-barred twelve months after acceptance; § 6 (3) sentence 2 applies accordingly.

§ 7 Operational safety, documentation, conformity, product safety

  1. Used machines are sold in the condition found. The Buyer is responsible for checking, before commissioning, that the machine complies with the provisions applicable to it — in particular the German Ordinance on Industrial Safety and Health (BetrSichV) and occupational-safety law — and for adding any necessary protective devices.
  2. The Seller hands over the documents relating to the machine in its possession (in particular operating and user manuals, wiring diagrams, declaration of conformity), where available. The scope and language of the available documentation are stated in the listing or offer; the Buyer may inspect it before the contract is concluded. If a machine is not operational, it is expressly designated in the listing and in the offer as requiring repair before use (Section 1 (4) of the German Product Safety Act).
  3. Machines first placed on the market in the European Economic Area before 1 January 1995 are not subject to the Machinery Directive; no CE marking and no declaration of conformity exist for them, which the Seller points out in the listing. For machines first placed on the EEA market on or after 1 January 1995, the Seller hands over the manufacturer’s declaration of conformity where available; a renewed conformity assessment, retrofitting to the current state of the art or adaptation to the regulations applicable at the place of use is not performed by the Seller unless expressly agreed in text form. Whoever substantially modifies a machine or has it substantially modified (in particular through conversions, retrofits or changes to controls or protective devices resulting in new hazards or an increased risk) becomes the manufacturer of the modified machine within the meaning of product-safety law and must carry out the conformity assessment itself. Conversions or retrofits by the Seller take place only under a separate agreement in text form which also governs responsibility for the conformity assessment.
  4. The machines, systems and machine-specific spare parts offered by the Seller are intended exclusively for use by qualified personnel in commercial operations and are not products within the meaning of Art. 3 no. 1 of Regulation (EU) 2023/988. To the extent individual articles (in particular tools, clamping equipment, measuring equipment and universal accessories) fall within the scope of Regulation (EU) 2023/988, the respective listing contains the information required by Art. 19 of that Regulation.
  5. To the extent delivered devices fall within the scope of the German Electrical and Electronic Equipment Act (ElektroG) and are used exclusively in other than private households, the Buyer assumes, in deviation from Section 19 (3) ElektroG, the obligation to dispose of the devices after the end of use at its own expense in accordance with the statutory provisions or to arrange their proper reuse, and indemnifies the Seller in this respect against third-party claims. If the Buyer passes the devices on to third parties, it imposes this obligation on them. The same applies to batteries and accumulators contained in devices.

§ 8 Liability

  1. The Seller is liable without limitation for damages arising from injury to life, body or health, for other damages in case of intent and gross negligence — in each case including that of its legal representatives and vicarious agents —, in case of fraudulent concealment of a defect, to the extent of an assumed guarantee, and under the German Product Liability Act.
  2. In case of slightly negligent breach of material contractual obligations whose performance is a prerequisite for the proper execution of the contract and on whose observance the contracting partner may regularly rely, liability is limited to the foreseeable damage typical for the contract.
  3. In all other respects, liability is excluded.
  4. To the extent the Seller’s liability is excluded or limited, this also applies to the personal liability of its corporate bodies, employees, representatives and vicarious agents.

§ 9 Export control and sanctions law

  1. The Buyer complies with the applicable national and international export, import and sanctions provisions, in particular those of the European Union and the Federal Republic of Germany.
  2. Deliveries are subject to the proviso that no export, import or sanctions provisions conflict with them and that required licences are granted. Upon request, the Buyer provides the Seller with all information and documents required for an export-control check, in particular regarding end user, end use and purpose of the goods (end-use declaration) as well as the information required for the risk assessment under Art. 12gb of Regulation (EU) No 833/2014, and confirms that neither it nor the end user is listed on a sanctions list of the European Union or acts on behalf of a listed person. Delivery periods are extended by the duration of a licensing procedure; the Seller is not responsible for delays caused by licensing procedures. If a required licence is refused or if export, import or sanctions provisions conflict with performance, the Seller is entitled to withdraw from the contract; damage claims of the Buyer are excluded in this respect. Payments made will be refunded unless sanctions provisions (in particular Art. 11 of Regulation (EU) No 833/2014) conflict therewith.
  3. No re-export to Russia or Belarus. In case of sale, delivery, transfer or export to a third country, the following applies to goods falling within the scope of Art. 12g of Regulation (EU) No 833/2014 or Art. 8g of Regulation (EC) No 765/2006: a) The Buyer shall not sell, export or re-export, directly or indirectly, the goods to the Russian Federation or Belarus or for use in the Russian Federation or Belarus. b) The Buyer shall undertake its best efforts to ensure that the purpose of point a) is not frustrated by any third parties further down the commercial chain, including possible resellers. c) The Buyer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including possible resellers, that would frustrate the purpose of point a). d) Any violation of points a), b) or c) constitutes a material breach of an essential element of the contract. In that case the Seller is entitled to withdraw from the contract or terminate it without notice and to claim compensation for the damage incurred; the Buyer indemnifies the Seller against third-party claims and official sanctions based on the violation. e) The Buyer shall immediately inform the Seller about any problems in applying points a), b) or c), including any relevant activities by third parties that could frustrate the purpose of point a), and shall make available to the Seller information concerning compliance with the obligations under points a) to c) within two weeks of a simple request. The Seller is obliged to report violations that come to its knowledge to the German Federal Office for Economic Affairs and Export Control (BAFA).

§ 10 Data protection

  1. The Seller processes the Buyer’s personal data in accordance with the General Data Protection Regulation. Details are set out in the separately provided privacy policy.

§ 11 Dispute resolution

  1. The Seller is neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board (Section 36 (1) no. 1 VSBG).

§ 12 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence.
  2. If the Buyer 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 this contractual relationship is the Seller’s registered office. The Seller is also entitled to bring action at the Buyer’s registered office. The place of performance for delivery and payment is Velten.
  3. Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.
  4. The contract language is German. Translations of these GTC are for information only; in case of discrepancies the German version prevails.

Version 1.1 · As of: 29 August 2026