General Terms and Conditions for Contract Processing by PTZ Weidner, Proprietor Andreas Weidner

The following conditions apply to contract processing carried out by us, supplemented by our General Terms and Conditions of Sale and Delivery (see www.ptz-weidner.de).

Our terms and conditions apply exclusively. We do not accept any conflicting terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our terms and conditions shall also apply if, despite being aware of conflicting or deviating terms and conditions of the customer, we perform the contract processing without reservation.

§ 1 Provision of the Workpieces to be Processed

For contract processing, the workpieces to be processed must generally be delivered by the customer to the contractor (PTZ Weidner, proprietor Andreas Weidner) at the delivery address specified by the contractor and at the customer’s expense. No incoming goods inspection of the provided workpieces will be carried out.

§ 2 Collection and Acceptance of the Processed Workpieces

• 1. The customer is obliged to collect the processed workpieces at their own expense within five days after completion in accordance with the contract and notification of readiness for dispatch by the contractor, and to accept them in writing. If the customer fails to comply with the obligation to collect and accept the workpieces within the aforementioned period, the customer shall be in default of acceptance and the processed workpieces shall be deemed accepted.
• 2. In the event of default of acceptance, the risk shall pass to the customer at the time of default and the contractor shall be entitled to charge reasonable storage costs.

§ 3 Subsequent Performance, Reduction, Withdrawal

• 1. The contractor shall provide a warranty for defects in the work at its discretion by rectification or reprocessing. If the contractor seriously and finally refuses performance, refuses the removal of the defect and subsequent performance due to disproportionate costs, or if subsequent performance fails or is unreasonable, the customer may, at their discretion, demand a reduction of the price or withdraw from the contract. The right of withdrawal does not apply if there is only a minor breach of contract or if the contractor is not responsible for the breach of duty resulting from the defect.
• 2. Obvious defects may only be claimed immediately after receipt or handover of the processed workpiece. Hidden defects must be reported by the customer immediately after discovery. Failure to comply with the statutory inspection and/or the aforementioned notification obligations excludes the assertion of warranty claims. In the event of improper handling by the customer, any claim regarding defects is excluded unless the customer proves at their own expense that the defects are the responsibility of the contractor. In all other respects, the customer bears the full burden of proof for all requirements of the claim, in particular for the defect itself, the time of occurrence of the defect, and the timeliness of the defect notification.
• 3. The contractor is not liable for defects resulting from the material of the workpiece provided by the customer. If such workpieces become unusable during processing due to material defects or other defects attributable to the customer, the contractor shall be entitled to the claims under Section 645 of the German Civil Code (BGB) for remuneration of the work performed as well as reimbursement of further expenses; further statutory claims remain unaffected.
• 4. The contractor may refuse subsequent performance as long as the customer has not fulfilled their payment obligations towards the contractor to an extent corresponding to the defect-free part of the service or work performed.
• 5. Warranty claims under this section shall become statute-barred one year after acceptance.

§ 4 Compensation for Damages

• 1. The contractor’s obligation to pay damages in connection with this contract is excluded insofar as the cause of damage is not based on intent or gross negligence and insofar as there is no injury to life, body, or health of the customer; if an essential contractual obligation has been breached by the contractor without intent or gross negligence being attributable to the contractor, the contractor’s liability shall be limited to the typically foreseeable damage.
• 2. The customer’s claims for damages due to a defect shall become statute-barred one year after acceptance, regardless of the legal basis on which the claims are based, unless a longer statutory limitation period is mandatory.
• 3. The contractor’s liability under the Product Liability Act remains unaffected. The above limitations of liability also do not apply if the contractor is accused of fraudulent intent or if the contractor has provided a guarantee.
• 4. If, according to the above provisions, the contractor’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, or agents of the contractor.

§ 5 Termination

• 1. Subject to the provisions of these conditions, the contract for work and services may be terminated in accordance with the statutory provisions of the German Civil Code (BGB).
• 2. The right of the parties to terminate the contract extraordinarily for good cause remains unaffected. In particular, either party may terminate the contract if, due to culpable conduct by the other party, the performance of the contract or the purpose of the contract is jeopardized to such an extent that the terminating party can no longer reasonably be expected to continue the contractual relationship.
• 3. In the event of premature termination of the contract by cancellation or for other reasons, the contractor shall be entitled to payment of the agreed remuneration for the work performed. In this respect, the contractor must present, assess, and distinguish these services from the services not performed in accordance with the case law of the German Federal Court of Justice.
• 4. If the contractor claims remuneration for services not performed, the contractor must also present these and specify whether and, if applicable, which expenses were saved due to the termination of the contract.
• 5. The statutory burden of proof remains unaffected by the above provisions.