Terms and Conditions of Sale and Delivery

General Terms and Conditions of Eistechnikcenter GmbH for Business Customers

Last updated: 12 October 2026 | Version: Haupt-AGB v2.1

Supplier: Eistechnikcenter GmbH, Jüterboger Str. 31 A, 14943 Luckenwalde, Germany

This English translation is provided for information. The German text is authoritative unless otherwise expressly agreed. Publishing a new version does not amend existing contracts retrospectively.

Download terms as a PDF

§ 1 Scope; business customer status

1. These General Terms and Conditions apply to quotations, deliveries, sales, contracts for work, services, advice, training, service visits, repairs, installation, commissioning and other performance by Eistechnikcenter GmbH for business customers within the meaning of section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law, to the extent that these terms have been incorporated into the contractual relationship.

2. These General Terms and Conditions do not apply to contracts with consumers within the meaning of section 13 BGB. Products offered in the consumer sales area are subject to the consumer information provided separately in that area and to statutory consumer rights.

3. A customer placing an order in the business customer area declares that it is entering into the contract as a business customer in the course of its commercial or independent professional activity, or as a legal entity under public law or a special fund under public law. Whether a natural person legally acts as a business customer or as a consumer is determined by the actual circumstances and the statutory provisions; a declaration alone does not change that classification.

4. Before entering into a contract, Eistechnikcenter GmbH may request suitable evidence of business customer status, including a business registration, a commercial register extract or a VAT identification number. The evidence requested must be necessary and proportionate for the verification.

5. Before entering into a contract, Eistechnikcenter GmbH may reject an order if there are doubts about the customer’s business status or the necessary evidence is unavailable. This does not extinguish contracts already concluded or statutory consumer rights.

6. Conflicting, differing or additional terms and conditions of the customer apply only if their application has been agreed. Providing performance without reservation while aware of those terms does not, by itself, constitute agreement to them. The priority of individual agreements remains unaffected.

§ 2 Priority of contractual documents; individual agreements

1. Individual contractual agreements take priority over general terms and conditions. This also applies to valid oral agreements and agreements made through conduct; statutory form requirements remain unaffected.

2. To the extent that the relevant documents have validly become part of the contract, the following order of priority applies in the event of a conflict: a) individual contractual agreements; b) the specific performance and payment terms agreed in the quotation, order or order confirmation; c) special terms for the type of performance ordered; d) these General Terms and Conditions. An order confirmation does not change an existing contract merely by containing different information. Statutory provisions apply as supplementary rules; mandatory statutory provisions always remain applicable.

3. Advertising materials, presentations, sample calculations, catalogues and general price lists primarily provide information. Whether information in them forms part of the contract, specifies characteristics or defines required performance is determined by the agreements reached and the statutory provisions. In particular, the statutory requirements governing the characteristics of goods and the significance of public statements about the goods under section 434 BGB remain unaffected.

4. Reproducing manufacturer documentation does not, by itself, create a separate guarantee from Eistechnikcenter GmbH. Agreed characteristics, the statutory significance of manufacturer statements for the characteristics of the goods, and advisory or information obligations actually assumed remain unaffected.

§ 3 Quotations, online product listings and contract formation

1. Quotations from Eistechnikcenter GmbH are subject to change and non-binding unless they are designated as binding, contain a specified acceptance period or are binding in light of the circumstances.

2. The presentation of goods, machines, spare parts, raw materials, accessories, services, training or concepts on websites, in online shops, catalogues and general price lists generally constitutes an invitation for the customer to submit an offer. An offer expressly declared to be binding remains unaffected.

3. An order that the customer clearly intends to be binding constitutes an offer to enter into a contract. Enquiries, requests for information and requests for a quotation are not binding orders unless their content and the circumstances indicate otherwise. The period for which an offer remains binding is determined by an agreed acceptance period or, if none is agreed, by the statutory provisions.

4. When the customer places an order, the contract is formed by acceptance on the part of Eistechnikcenter GmbH, in particular by an order confirmation in text form or by commencing the delivery or performance ordered within the applicable acceptance period. Where Eistechnikcenter GmbH makes a binding offer, the contract is formed by the customer’s timely acceptance of that offer. Valid individual agreements regarding contract formation remain unaffected.

5. An automatically generated receipt acknowledgement that merely records the receipt of an enquiry or order does not constitute acceptance of a contract. A statement that expressly accepts the order according to its content remains a declaration of acceptance even if it is generated automatically.

6. Before entering into a contract, Eistechnikcenter GmbH may reject orders, in particular where there are doubts concerning business customer status, ability to pay, availability, exportability, legal permissibility or technical feasibility.

7. Amendments and additions should be recorded in text form for documentation purposes. This does not restrict the validity of individual agreements, including oral agreements and agreements made through conduct; statutory form requirements remain unaffected.

§ 4 Sales representatives, intermediaries, technicians and oral statements

1. Whether sales staff, commercial agents, intermediaries, technicians, service staff or other persons engaged can legally represent Eistechnikcenter GmbH is determined by the authority granted to them and the statutory provisions. These General Terms and Conditions do not restrict any authority actually granted or any authority of representation established by law.

2. Contractual agreements and binding commitments should be recorded in text form for documentation purposes. Valid individual agreements with an authorised representative remain binding without written confirmation or confirmation in text form; statutory form requirements remain unaffected.

3. Whether a guarantee, an agreement on characteristics, a profitability commitment, a financing commitment or a binding delivery commitment exists is determined by the content of the relevant statement and the circumstances. A specific designation as a guarantee or an additional confirmation in text form is not a prerequisite for the validity of an individual agreement.

4. General experience-based information and non-binding assessments do not, by themselves, constitute a commitment to achieve a particular result. Agreed characteristics and advisory, notification and information obligations assumed remain unaffected.

§ 5 Scope of performance, characteristics and suitability

1. The type, scope and characteristics of the delivery or performance owed are determined by the agreements validly reached, including incorporated technical specifications, product data sheets, condition reports, manufacturer documentation and other contractual attachments. For sales contracts, the subjective, objective and installation requirements of section 434 BGB also apply; for contracts for work, the agreed result and the statutory obligation to provide work free from defects are decisive.

2. Information on production output, capacity, number of portions, electricity consumption, water consumption, cooling capacity, dimensions, weight, cleaning, maintenance, noise emissions and connectivity must be understood in the context of the stated testing, operating and use conditions. This does not restrict agreed characteristics or the use contemplated by the contract.

3. Where Eistechnikcenter GmbH assists the customer in selecting a machine, spare part, raw material or other performance, the customer must provide complete and accurate information on the intended use as required for that assistance. Advisory and notification obligations assumed by Eistechnikcenter GmbH remain in place.

4. A separate assessment or planning of the structural, electrical, water, wastewater, ventilation, hygiene, food law, permit-related or commercial requirements at the place of use is owed only to the extent agreed or arising from the content of the performance assumed.

5. The customer is responsible for the operational and local requirements for its intended use, to the extent that Eistechnikcenter GmbH has not assumed responsibility for assessing or establishing those requirements. The contractually required suitability of the goods or performance and the statutory obligations of Eistechnikcenter GmbH remain unaffected.

6. Where Eistechnikcenter GmbH identifies obstacles to delivery, installation, commissioning or use in accordance with the contract in the course of the performance assumed or on the basis of the information provided, it must notify the customer to the extent required by its contractual and statutory notification obligations.

§ 6 No commitment on profitability, profit, turnover or payback

1. Examples of profitability, margins, turnover, cost of goods, sales prices, profit and payback are illustrations unless a binding commitment has been agreed in the individual case. The assumptions underlying a calculation must be considered when using it.

2. Unless this has been agreed, Eistechnikcenter GmbH does not owe any particular turnover, profit, cost of goods, sales success, return on investment, payback period, customer footfall or success at a particular location.

3. Actual results depend in particular on location, season, weather, competition, opening hours, staff, energy and purchase prices, sales prices, portion sizes, product quality, hygiene, marketing, permits, demand and financing costs.

4. A binding commercial commitment is determined by the content of the agreement reached. The priority of valid individual agreements also applies to oral commitments made by an authorised representative.

5. Recommended sales prices, sample calculations, starter packages and other sales measures do not, by themselves, constitute a commitment to achieve a particular commercial result. Contractually assumed advisory and information obligations and liability for their breach under § 29 remain unaffected.

§ 7 Prices, VAT and additional costs

1. Unless otherwise stated or agreed, prices in the business customer area are net prices plus VAT at the applicable statutory rate.

2. Costs for packaging, transport, transport insurance, moving goods into the premises, positioning, installation, connection, commissioning, functional testing, instruction, training, travel and other ancillary performance are included in the agreed price to the extent agreed. Separate charges and the basis for calculating them must be agreed before entering into the contract; statutory claims to remuneration remain unaffected.

3. Ancillary performance that has not been ordered may not be charged additionally solely on the basis of these General Terms and Conditions. Eistechnikcenter GmbH may submit a separate quotation to the customer for necessary additional performance.

4. General price lists and non-binding price overviews may be changed for future contracts. This does not change a price already agreed.

5. Early payment discounts, rebates, special prices, starter packages and other concessions apply in accordance with the agreement reached; additional inclusion in the order confirmation is not required for a valid individual agreement.

6. Subsequent changes requested by the customer may result in additional costs. The changed scope of performance and any additional remuneration must be agreed; statutory claims remain unaffected.

§ 8 Payment, deposits, advance payment and rights of retention

1. The agreed payment terms apply. Unless otherwise agreed, the purchase price is due without deduction upon handover of the goods and receipt of the invoice; remuneration for work is due in accordance with section 641 BGB, generally upon acceptance of the work, and remuneration for services is due in accordance with section 614 BGB after the services have been provided. Statutory rights to progress payments remain unaffected.

2. Advance payments, deposits and security are owed only to the extent agreed or where a statutory claim exists. Eistechnikcenter GmbH may not unilaterally impose such requirements after entering into the contract solely on the basis of these General Terms and Conditions. The statutory right to withhold performance under section 321 BGB where a threat to the counter-performance becomes apparent after entering into the contract remains unaffected.

3. Rights of retention and rights to withhold performance on the part of Eistechnikcenter GmbH are subject to the statutory requirements, in particular sections 273, 320 and 321 BGB. Outstanding payment under another contract does not, by itself, entitle it to withhold the performance owed under this contract.

4. The customer’s statutory rights of retention and rights to withhold performance remain in place, in particular where performance has not been provided or does not comply with the contract. For defects in work, section 641(3) BGB applies in particular.

5. Default in payment and its consequences are governed by the statutory provisions. Default interest, the statutory fixed default charge and further recoverable losses caused by default may be claimed only if the respective statutory requirements are met.

6. Where instalment payments have been agreed, instalments not yet due do not become payable early solely because of a payment default or an application to commence insolvency proceedings. Statutory rights to withhold performance, rescind the contract or claim damages remain unaffected.

§ 9 Leasing, hire purchase and financing

1. Where leasing, hire purchase or financing from a separate provider is arranged, the corresponding financing agreement is entered into between the customer and that provider. Where Eistechnikcenter GmbH itself undertakes to provide financing or hire purchase, the agreement reached for that purpose is decisive.

2. The scope of any intermediary service provided by Eistechnikcenter GmbH is determined by the agreement reached. Without such an agreement, it does not undertake to obtain financing for the customer or ensure that a financing provider accepts the customer’s application. Liability for breach of intermediary, advisory or information obligations actually assumed is governed by § 29.

3. Information on monthly instalments, terms, special payments, credit checks and financing costs must be assessed on the basis of the relevant financing offer. Mere non-binding examples are not financing commitments.

4. If the sales contract is to become effective only when financing is approved, that condition must be agreed before or when entering into the contract. Where a condition precedent has been agreed, the sales contract becomes effective only when the condition is fulfilled. A subsequent unilateral order confirmation cannot remove a previously agreed financing condition.

5. If the sales contract has not been agreed to depend on financing approval, the customer remains bound by the sales contract even if financing is rejected, delayed or changed. Statutory rights of rescission, termination or other rights to end the contract, and individual agreements, remain unaffected.

6. Credit checks and the disclosure of personal data to financing providers or credit reference agencies may take place only on an applicable statutory basis and in compliance with statutory information obligations. These General Terms and Conditions do not replace any required consent.

§ 10 Delivery, delivery periods and partial deliveries

1. The agreed delivery dates and delivery periods apply. Information expressly designated as estimated constitutes an estimate. If no agreement exists, the time for performance is determined by the statutory provisions; in particular, performance does not cease to be due merely because a date has not been designated as binding.

2. The customer must provide necessary and agreed cooperation in good time, including required technical information, agreed payments that are due, the delivery address, access and site requirements for which it is responsible. Any resulting delay extends the affected period only by the reasonable period actually required.

3. Any extension due to unforeseeable obstacles to delivery for which Eistechnikcenter GmbH is not responsible is governed by § 30. Delivery problems affecting a manufacturer or upstream supplier do not result in an extension merely because they occur. Eistechnikcenter GmbH will inform the customer of relevant delays and their expected duration as soon as the necessary information is available to it.

4. Partial deliveries and partial performance are permitted to the extent that the customer can use them for the contractually intended purpose and they are reasonable for the customer. Eistechnikcenter GmbH bears additional shipping costs arising solely from a partial delivery it has initiated.

5. Any withholding of deliveries is governed by § 8. The customer’s statutory rights in the event of non-performance, late performance or impossibility, including rights to rescind the contract and claim damages where the respective requirements are met, remain in place.

§ 11 Transport, transfer of risk and insurance

1. For sales contracts, the risk of accidental loss and accidental deterioration of the goods generally passes when the goods are handed over to the customer. If the goods are shipped at the customer’s request to a place other than the place of performance and installation or commissioning has not been agreed as part of the delivery, transfer of risk is governed by section 447 BGB, generally upon handover to the forwarding agent, carrier or other person appointed to carry out the shipment.

2. If delivery is made by Eistechnikcenter GmbH or its employees without separately agreed installation or commissioning, risk passes when the goods are handed over to the customer.

3. Where installation, positioning, commissioning or functional testing have been agreed as part of the delivery, risk for the goods concerned generally passes only after those tasks have been performed in accordance with the contract and the goods have been handed over to the customer. For contracts for work, acceptance is decisive in accordance with section 644 BGB.

4. An earlier transfer of risk due to default in accepting performance requires the statutory conditions to be met. Merely notifying the customer of readiness for shipment or performance is not sufficient in every case. Statutory rules on impossibility for which the customer is responsible remain unaffected.

5. Transport insurance will be arranged if agreed. Responsibility for its costs is determined by the agreement.

6. Obvious transport damage should be documented and reported to Eistechnikcenter GmbH without undue delay. Statutory inspection and notification obligations remain unaffected; this provision does not create an additional time limit after which rights in respect of defects are lost.

§ 12 Installation, moving goods into the premises, positioning and commissioning

1. Installation, moving goods into the premises, positioning, connection, commissioning, functional testing and instruction are owed to the agreed extent. Whether such performance forms part of the contract is determined by the agreements reached and the content of the performance assumed, even if it is not additionally listed in the order confirmation.

2. The customer must establish in good time the site requirements for which it is responsible and which have been notified to it in advance or are apparent from the agreed performance. These may include suitable access routes, sufficient load-bearing capacity and space, the required electricity, water and wastewater connections, ventilation, hygiene conditions, permits and an appropriate contact person. Planning, assessment and execution obligations assumed by Eistechnikcenter GmbH remain unaffected.

3. Eistechnikcenter GmbH may suspend installation, connection or commissioning work to the extent that missing necessary requirements or specific technical, safety, hygiene or legal obstacles prevent performance in accordance with the contract. It will inform the customer of the obstacle and the measures needed to continue. The statutory rights of both parties remain unaffected.

4. Additional remuneration for waiting time, additional journeys or additional work may be claimed only on an agreed calculation basis or pursuant to a statutory claim. For claims arising from a lack of cooperation or a breach of duty, the statutory requirements and the rules on expenses saved must be observed.

5. The performance of installation, commissioning, instruction and functional testing, together with any apparent complaints, must be documented in a handover, installation or commissioning report.

6. If the customer refuses to sign, Eistechnikcenter GmbH may lawfully document the performance and its condition in another way. This does not result in automatic acceptance of the work or a change in the statutory burden of proof. Statutory rules on acceptance and rights in respect of defects remain unaffected.

§ 13 Customer cooperation obligations

1. The customer must provide in good time the information, documents, technical details, permits it must obtain and access necessary for the agreed delivery or performance, and must provide the agreed cooperation. Requirements not already apparent from the agreement or the nature of the performance must be communicated to the customer in good time.

2. For service, repair and maintenance work, machines and systems must be made accessible and cleaned to the extent necessary for the work. Necessary shutdown and safeguarding measures must be carried out properly in accordance with the requirements communicated, to the extent that they are the customer’s responsibility and the customer can perform them properly. Work assumed by Eistechnikcenter GmbH and its own occupational safety obligations remain unaffected.

3. The customer must comply with the operating instructions, hygiene requirements, cleaning instructions, maintenance intervals and statutory operator obligations provided for proper operation. This affects statutory rights in respect of defects only in accordance with the statutory provisions; a defect that is causally unrelated is not excluded merely because an operating requirement has been breached.

4. The customer must take proper care of the goods. Insurance obligations for goods subject to retention of title are governed by § 15; any further insurance obligations require a separate agreement.

5. Delays caused by failure to provide necessary cooperation extend the affected delivery or performance period only by the reasonable period caused by that failure. Claims for additional remuneration, compensation or damages are governed by the agreement and the statutory requirements; expenses saved and other earnings that must be credited must be taken into account.

§ 14 Default in accepting performance, failure to accept, cancellation and rescheduling

1. If the customer does not accept delivery or performance properly offered in accordance with the contract, default in accepting performance and its consequences are governed by the statutory provisions. In particular, where the respective requirements are met, necessary additional expenses under section 304 BGB, remuneration under service contracts pursuant to section 615 BGB, or compensation under contracts for work pursuant to section 642 BGB may be claimed.

2. In the event of a breach of duty for which the customer is responsible, Eistechnikcenter GmbH may claim compensation for the actual loss incurred where the statutory requirements are met. If a claim requires a payment reminder, a warning or the setting of a deadline, that requirement remains in place.

3. These General Terms and Conditions do not create a general right to cancel sales contracts free of charge. However, statutory or agreed rights of rescission and termination remain unaffected. The parties may separately agree to end the contract by mutual consent and agree how it will be settled.

4. To the extent that section 648 BGB applies to the contract, in particular to a contract for work, the customer may terminate it until completion of the work. The consequences for remuneration are governed by that provision; in particular, expenses saved and other earnings that must be credited must be deducted. Statutory rights to terminate for good cause remain unaffected.

5. If an agreed delivery, installation, service or training appointment is postponed at the customer’s request, the change of appointment and any additional charges must be agreed. Claims arising from default in accepting performance or a culpable breach of duty are subject to the statutory requirements.

6. No fixed cancellation charges or liquidated damages apply on the basis of these General Terms and Conditions. In settling a claim, the same costs or losses may not be counted more than once; expenses saved, other earnings that must be credited by law, and reasonable mitigation of loss must be taken into account.

§ 15 Retention of title

1. The delivered goods remain the property of Eistechnikcenter GmbH until the purchase price under the relevant contract has been paid in full.

2. For customers who are merchants within the meaning of German commercial law (Kaufleute), retention of title also secures the existing and future claims of Eistechnikcenter GmbH arising from its ongoing business relationship with the customer. It does not secure claims of other companies.

3. The customer must treat goods subject to retention of title with care. Where customary for the goods concerned, the customer must insure them at its own expense to an appropriate extent against fire, water damage, theft and other customary insurable risks.

4. The customer may not pledge goods subject to retention of title, transfer them as security or grant third parties other security rights over them.

5. In the event of attachment, seizure or other third-party interference, the customer must inform Eistechnikcenter GmbH without undue delay and notify the third party that the goods belong to Eistechnikcenter GmbH. The notification should be made in text form for documentation purposes.

6. Customers who are merchants may resell goods subject to retention of title in the ordinary course of business, provided they are not in default with the secured payments and the resale is part of their usual business activities. The customer hereby assigns to Eistechnikcenter GmbH the receivables arising from that resale up to the invoice value of the resold goods subject to retention of title. Eistechnikcenter GmbH accepts the assignment.

7. The customer remains authorised to collect the assigned receivables. Eistechnikcenter GmbH may revoke this authorisation in the event of substantial payment arrears after an unsuccessful demand for payment. Statutory rights where the claim to counter-performance is jeopardised remain unaffected.

8. If goods subject to retention of title are combined, mixed or processed, ownership is determined by the statutory provisions. The advance assignment of resale receivables under paragraph 6 continues to apply to the extent specified there.

9. Eistechnikcenter GmbH may demand the return of goods on the basis of retention of title only after it has validly withdrawn from the contract.

10. If the realisable value of the security exceeds the secured claims by more than 10 per cent, Eistechnikcenter GmbH will, at the customer's request, release security of its choice.

11. Where ownership is to pass to a financing partner under an agreed financing, leasing or hire-purchase arrangement, the agreements validly made for that purpose apply.

§ 16 Inspection and notification of defects

1. If the purchase is a commercial transaction for both parties, the inspection and notification requirements of § 377 HGB apply. The customer must inspect the goods without undue delay after delivery, to the extent practicable in the ordinary course of business, and notify any apparent defects without undue delay.

2. If a defect that was not identifiable on a proper inspection becomes apparent later, the customer must notify it without undue delay after discovery. Timely dispatch of the notification is sufficient to preserve the customer's rights.

3. For functions that can only be tested after proper assembly, connection or commissioning, account must be taken of when such an inspection becomes possible and reasonable in the ordinary course of business.

4. The notification should describe the defect clearly and should be made in text form for documentation purposes. Photographs, serial numbers, document references and error messages should be enclosed where available and helpful for assessing the defect. Providing such documents is not an additional requirement for the validity of a timely notification of defects.

5. The consequences of a failure to inspect or notify are governed exclusively by § 377 HGB. In particular, the deemed approval of the goods under that provision does not apply where Eistechnikcenter GmbH fraudulently concealed the defect.

6. Where § 377 HGB does not apply, this provision does not impose an additional inspection or notification requirement as a condition of statutory rights relating to defects.

§ 17 Rights relating to defects and supplementary performance

1. The statutory provisions apply to defects in quality and title. For purchase contracts, the quality owed under § 434 BGB is particularly relevant; for contracts for work, freedom from defects is governed by § 633 BGB. Agreed qualities and product statements that must be taken into account under the law remain relevant.

2. The customer must give Eistechnikcenter GmbH an opportunity to provide the supplementary performance required by law. The choice between repair and replacement, and the conditions under which a form of supplementary performance may be refused, are governed by the law applicable to the contract.

3. Eistechnikcenter GmbH may inspect the goods or performance complained of itself or through persons acting on its behalf. The customer must provide the necessary and reasonable cooperation and, where required by law, make the goods available for supplementary performance. The statutory allocation of costs for justified supplementary performance remains unaffected.

4. The statutory conditions apply to remedying a defect by the customer or a third party and to reimbursement of the associated expenditure. For contracts for work, the rights to remedy the defect, reimbursement of expenditure and an advance payment under § 637 BGB remain unaffected, including the statutory cases in which setting a deadline is unnecessary.

5. Withdrawal, reduction of the price, damages and reimbursement of wasted expenditure are subject to the statutory conditions. Where a deadline for performance or supplementary performance is required, it must be reasonable. Statutory exceptions to the requirement to set a deadline remain unaffected.

6. Withdrawal on the grounds of a defect is excluded if the breach of duty is insignificant; the other statutory rights relating to defects remain unaffected.

7. Normal wear and damage arising only from improper operation, unsuitable installation, lack of maintenance, incorrect cleaning, unsuitable ingredients or intervention by the customer or third parties do not in themselves give rise to a claim relating to a defect present when risk passed or the work was accepted. Claims relating to an independent or pre-existing defect are not excluded as a result.

8. The statutory rules on the burden of proof remain unaffected. § 29 also applies to claims for damages.

§ 18 Limitation of claims relating to defects

1. The statutory limitation periods and rules apply to claims relating to defects. These General Terms and Conditions do not shorten limitation periods for new or used goods, repair work or other work performed under a contract for work.

2. For purchase contracts, the limitation period and its commencement are governed in particular by § 438 BGB; for contracts for work, in particular by § 634a BGB. Special statutory rules, for example those relating to certain defects in title, buildings, building materials, fraudulently concealed defects and supplier recourse, remain applicable.

3. Guarantees are governed by the guarantee terms validly agreed. A guarantee does not restrict statutory claims relating to defects or the limitation periods for those claims.

§ 19 New equipment, wear parts and consumables

1. The statutory rights relating to defects under §§ 17 and 18 apply to new equipment, spare parts, accessories and consumables.

2. Manufacturer guarantees and separate services provided by the manufacturer are governed by the applicable manufacturer terms. The quality and performance contractually owed by Eistechnikcenter GmbH and the statutory rights relating to defects against it remain unaffected.

3. Normal wear consistent with the agreed quality and the quality required by law does not in itself constitute a defect. Classifying an item as a wear part or consumable does not exclude rights relating to an actual defect.

4. The customer must comply with the operating, maintenance, cleaning and safety instructions applicable to the product. A breach of those instructions affects rights relating to defects only to the extent that the damage complained of results from that breach.

5. Specific maintenance, cleaning or replacement intervals are stated in the relevant product documents or an agreement made for that purpose.

§ 20 Used machines

1. For used machines, the condition, age and known particularities are recorded in the contractual description. A condition report or used-machine record forms part of the contract only if it was made available to the customer before the contract was concluded and validly incorporated.

2. Where practicable, the customer is given an opportunity to view and inspect the machine or review its condition documentation. Failure to inspect does not in itself constitute a general waiver of rights relating to defects.

3. Wear resulting from age and use is taken into account when assessing the quality required by law and agreed under the contract. Specifically agreed characteristics and the use contemplated by the contract remain relevant.

4. Statements about the year of manufacture, operating hours, maintenance history, previous owners, repairs and operating conditions are based on the available information. Where a statement is based solely on unverified information from a third party, this is identified in the specific description. The legal significance of characteristics actually agreed and statements that must be taken into account under the law is not generally excluded as a result.

5. Known defects, missing parts, material signs of use and technical limitations must be disclosed in the specific description of the machine's condition. A departure from the quality otherwise to be expected must be validly agreed.

6. Rights relating to defects, limitation periods and liability are governed by §§ 17, 18 and 29. In particular, rights relating to fraudulently concealed defects and under guarantees given remain unaffected.

§ 21 Spare parts and accessories

1. Where possible, the customer should order spare parts and accessories by reference to the article number, description, machine type, serial number and technical version, and provide all required information completely and accurately.

2. Where Eistechnikcenter GmbH has not undertaken to assess suitability, the customer is responsible for checking the specific requirements of its machine and application. Eistechnikcenter GmbH owes the contractually agreed compatibility and the quality required by law; its duties to advise and provide information remain unaffected.

3. Assistance with selection is based on the technical information, photographs and descriptions of faults provided. Eistechnikcenter GmbH informs the customer of apparent inconsistencies or apparent unsuitability.

4. The voluntary return of goods supplied in accordance with the contract requires a separate agreement. Special return conditions may be agreed for special orders and for parts that have been opened, installed, used or damaged.

5. Statutory rights relating to defects and rights arising from a statutory or contractual right of withdrawal are not restricted by the conditions of a voluntary return.

§ 22 Ingredients, ready mixes and consumables

1. The agreed quality and the relevant product-specific information must be observed for ingredients, ready mixes and consumables, particularly labelling, ingredient and allergen information, shelf life, and storage and processing instructions.

2. Eistechnikcenter GmbH provides the product and food information required by law in the prescribed manner. This includes, in particular, the information that the customer requires as a food business operator to fulfil its own statutory information obligations. Other available manufacturer information necessary for performing the contract is also provided to the customer.

3. The customer must store and use the products in accordance with the applicable storage, hygiene, temperature and processing instructions and the statutory requirements.

4. Damage caused only by opening, improper storage, processing, mixing or use contrary to shelf-life and safety instructions does not in itself give rise to rights relating to defects against Eistechnikcenter GmbH. Claims relating to a defect already present when risk passed remain unaffected. The mere expiry of a best-before date does not automatically extinguish existing claims relating to defects.

5. The customer remains responsible, within the scope of its statutory responsibilities, for the processing, labelling and supply of its own finished products in accordance with food law. The statutory responsibilities and information obligations of Eistechnikcenter GmbH for the products it supplies remain in place.

6. Any separately undertaken food-law advice or labelling service is governed by its agreed scope. Otherwise, general product information does not replace an assessment of the finished products made by the customer itself.

§ 23 Manufacturer guarantees and own guarantees

1. A guarantee is an additional obligation of the relevant guarantor alongside statutory rights relating to defects. Whether such an obligation has been assumed, and its scope, depend on the specific guarantee statement, relevant advertising and the agreements validly made for that purpose.

2. Where Eistechnikcenter GmbH gives its own guarantee, its subject matter, scope, duration and conditions should be recorded in text form for clarity. Valid individual agreements and the statutory rules governing the assumption of a guarantee remain unaffected.

3. Manufacturer guarantees are given by the relevant manufacturer. Their scope, duration, geographical coverage and conditions are stated in its guarantee terms. Eistechnikcenter GmbH does not itself become the guarantor merely by passing on information clearly identified as relating to a manufacturer guarantee.

4. A reference to a manufacturer guarantee does not exclude the liability of Eistechnikcenter GmbH for its own inaccurate statements or breaches of its own contractual duties. § 29 applies to such liability.

5. The customer must observe the lawful guarantee conditions of the relevant guarantor, particularly any maintenance, registration and documentation requirements specified there. Statutory rights relating to defects against Eistechnikcenter GmbH remain unaffected by the guarantee and its conditions.

§ 24 Service, diagnosis, repair and maintenance

1. Service, diagnosis, repair and maintenance are governed by the order placed and accepted. The scope of performance, remuneration and any agreed cost limit should be recorded before work begins.

2. Under a separate order for fault-finding or diagnosis, the agreed investigation, including any agreed information or documentation, is owed. Whether the performance is classified as a service or as work under a contract for work depends on the performance actually agreed. If only a competent investigation is agreed without a promised diagnostic or repair result, no further result is owed. Any result actually agreed remains owed.

3. Separately commissioned fault-finding or diagnosis performed in accordance with the contract remains payable under the applicable remuneration agreement even if no repair is subsequently commissioned or a repair is technically impossible or economically impractical. A cost estimate is charged for only if payment for it has been agreed.

4. Where a repair order is intended to remedy a particular fault or restore a particular function, Eistechnikcenter GmbH owes the agreed repair result and competent execution. A more extensive general overhaul or remedying other faults outside the order is owed only if agreed.

5. If it becomes apparent that the commissioned repair cannot be carried out as agreed or that a cost estimate on which it is based will probably be exceeded substantially, Eistechnikcenter GmbH informs the customer without undue delay. Additional work not commissioned requires an agreement. Rights and remuneration consequences in the event of impossibility, termination, incomplete performance or defective performance are governed by law.

6. A particular response time, emergency service or permanent availability is owed only if agreed. The due date for the commissioned performance and the statutory rights in the event of delay remain unaffected.

7. Spare parts, working time, travel, agreed surcharges and other ancillary services are billed at the prices agreed for them. Remedying defects as required by law is dealt with under the statutory rules; it is not charged for separately merely on the basis of this pricing provision.

8. The customer must make machines accessible, appropriately cleaned and safe to work on for the agreed work. Eistechnikcenter GmbH documents the work performed and the results in a repair or service record.

9. Separate service or repair terms apply only if they were made available to the customer before the contract was concluded and validly incorporated into the contract. Otherwise, these General Terms and Conditions and the statutory provisions apply.

§ 25 Training, Eisfachschule, advice and concepts

1. Training, instruction, seminars, Eisfachschule and advice on concepts, recipes, production and marketing are governed by the order agreed and accepted.

2. Whether a service or work with a particular result is owed depends on the performance actually agreed. For a service, competent delivery of the agreed training or advice is owed. A specifically agreed concept, expert report or other work product remains owed under the relevant contract.

3. A particular individual learning outcome, sales success, profit, success in obtaining official approval or other economic success is owed only if an obligation to that effect has actually been assumed. The duty to provide competent performance in accordance with the contract, and liability under § 29, remain unaffected.

4. Content, duration, number of participants, venue, dates and materials are determined by the relevant agreement. Special training or advisory terms apply only if they were provided before the contract was concluded and validly incorporated.

5. Agreed dates are rescheduled by agreement with the customer. If there is a legal impediment to performance, Eistechnikcenter GmbH informs the customer without undue delay and, where possible, offers a reasonable alternative date. The customer's statutory rights in the event of cancellation, delay or impossibility remain unaffected.

6. Cancellation or termination by the customer is governed by any valid individual agreement and otherwise by the statutory provisions. Charging for services not performed or costs already incurred requires a contractual or statutory basis. Expenses saved and other income that must be credited are taken into account in accordance with the statutory rules.

§ 26 Rights in documents, recipes, concepts and know-how

1. Offers, drawings, plans, calculations, recipes, training materials, presentations, photographs, videos and other content are protected in favour of Eistechnikcenter GmbH or the relevant rights holder to the extent that copyright, intellectual property or other rights actually exist.

2. The customer receives the rights of use necessary for the agreed purpose of the contract and any additional rights of use expressly agreed. Unless otherwise agreed, use is non-exclusive and restricted to the customer's own business operations. This includes implementing training content, concepts and recipes in accordance with the contract, including making and selling the customer's own products, to the extent consistent with the agreed purpose.

3. Disclosure to the customer's own employees is permitted to the extent necessary for use under the contract. Further publication, exploitation, licensing or use to train third parties requires an appropriate agreement or a statutory entitlement.

4. Information is confidential if it is identified as confidential or its confidentiality is clearly apparent from the circumstances. It may be used only for the agreed purpose and disclosed only to persons who require it for that purpose and are bound by confidentiality.

5. This does not include information that is already publicly known, becomes publicly known without a breach of contract, was independently developed or was lawfully obtained from third parties.

6. Disclosure required by statutory duties or an enforceable official or court order remains permitted. Disclosure to legal, tax or other professional advisers bound by professional confidentiality is also permitted to the extent necessary.

7. The confidentiality obligation continues after the contract ends for as long as, and to the extent that, there is a legitimate interest in confidentiality and no exception under paragraphs 5 or 6 applies. Statutory rights of use and disclosure remain unaffected.

§ 27 Connected products, software, telemetry and machine data

1. For machines, equipment or accessories with software, remote maintenance, manufacturer portals, telemetry or other digital functions, the functions and services owed are determined by the quality contractually agreed and required by law. Agreed functionality, compatibility, connectivity and an agreed period of availability remain binding.

2. Where Regulation (EU) 2023/2854 (Data Act) applies, Eistechnikcenter GmbH provides the information it is required to provide as seller, rental provider or leasing provider before the contract is concluded in a clear and comprehensible manner. This includes the legally required information about the type, format and estimated volume of product data, its continuous or real-time generation, storage and retention, and the options and technical means for data access, retrieval and, where applicable, erasure. These General Terms and Conditions do not replace the specific product information.

3. Where Eistechnikcenter GmbH itself provides a related service or is a data holder, it fulfils the applicable statutory information and data-availability obligations. The legal roles of the manufacturer, service provider and data holder depend on the statutory conditions and the performance actually offered.

4. Additional terms of use or licence terms of a manufacturer or service provider apply to the contractual relationship with Eistechnikcenter GmbH only if validly incorporated. A separate contract with a third-party provider and its prices or ongoing charges must be identifiable before that contract is concluded.

5. Additional services such as separate remote maintenance, additional portal access, SIM cards or data connections are included in the remuneration only if agreed. Digital components owed for the contractual functionality of the product sold are not excluded by this reservation. Update obligations assumed under the contract and required by law remain unaffected.

6. Statutory information, data-access, use and sharing rights under the Data Act are not restricted by these General Terms and Conditions. Statutory conditions and safeguards, particularly those concerning data protection and protection of trade secrets, remain applicable.

7. Personal data is processed in accordance with applicable data protection law and the relevant privacy notices. Acceptance of these General Terms and Conditions does not replace any data protection consent that may be required.

§ 28 Data protection, credit checks and electronic services

1. Eistechnikcenter GmbH processes personal data in accordance with the statutory provisions, particularly the General Data Protection Regulation. The purposes, legal bases, recipients, retention periods and data-subject rights are described in the relevant privacy notices.

2. Credit checks and the transfer of personal data to financing, leasing or hire-purchase providers, credit reference agencies or other third parties take place only where the required legal basis exists. Information required by law is provided; consent is obtained where necessary.

3. Newsletters and other electronic advertising, and tracking, analytics and marketing services, are used only subject to the applicable statutory conditions. Acceptance of these General Terms and Conditions does not constitute general consent to advertising or tracking.

4. Where the customer transfers personal data of third parties, it must, within the scope of its statutory duties, ensure that the transfer is lawful and provide the information it is required to provide. The data protection duties of Eistechnikcenter GmbH itself remain in place.

5. These General Terms and Conditions do not replace separate privacy notices, consents, cookie settings or data processing agreements where they are required by law.

§ 29 Liability

1. Eistechnikcenter GmbH is liable without limitation in accordance with the statutory provisions for damage resulting from a culpable injury to life, body or health, in cases of intent or gross negligence, and where a defect has been fraudulently concealed. Liability under the German Product Liability Act remains unaffected. Liability under a guarantee given is governed by its content and scope.

2. In cases of ordinary negligence, Eistechnikcenter GmbH is liable for breach of essential contractual duties. These are duties whose fulfilment is necessary for the proper performance of the contract and on whose observance the customer may regularly rely.

3. In the cases referred to in paragraph 2, liability is limited to the damage typical for the contract and foreseeable when the contract was concluded. Otherwise, liability for ordinary negligence is excluded. The cases referred to in paragraph 1 and other mandatory statutory liability remain unaffected.

4. The same liability rules under paragraphs 1 to 3 apply to loss of profit, loss of production, business interruption, seasonal losses, indirect damage and consequential losses; these categories of damage are not additionally excluded.

5. A particular economic success of the customer is owed only if an obligation to that effect has been assumed. The absence of a guarantee of success does not exclude liability for incorrect advice, inaccurate statements or other breaches of duty under paragraphs 1 to 4.

6. The above limitations of liability apply to the same extent for the benefit of the legal representatives, employees and persons used by Eistechnikcenter GmbH to perform its obligations.

7. The statutory rules on the burden of proof and mandatory statutory grounds of liability remain unaffected.

§ 30 Force majeure

1. If performance is temporarily prevented by an event outside the control of Eistechnikcenter GmbH that was unforeseeable when the contract was concluded, for which it is not responsible and which could not be avoided despite reasonable measures, the affected performance period is extended by the actual duration of the impediment and any necessary and reasonable restart period.

2. Such events may include natural events, war, official measures, extraordinary industrial action, unavoidable energy or transport disruptions or legal export impediments. A supplier failure, shortage of materials, epidemic or cyberattack does not meet the conditions merely because of its description. Statutory responsibility for persons used to perform obligations and any procurement risk assumed remain relevant.

3. Eistechnikcenter GmbH informs the customer without undue delay of the start, effects and expected duration of the impediment and takes reasonable measures to limit it. Claims for damages are governed by the statutory conditions and § 29.

4. If the impediment lasts longer than 90 days and continued adherence to the affected part of the contract is unreasonable, either party may withdraw from that part of the contract. Statutory withdrawal, termination and other rights that arise earlier are not postponed or restricted as a result.

5. In cases of permanent impossibility, the obligation to perform, counter-performance and unwinding of the contract are governed by the statutory provisions. Where payments for performance that is no longer owed must be refunded, reimbursement takes place under those provisions.

§ 31 Foreign business, export controls, customs and local requirements

1. For deliveries or services outside Germany, the allocation of responsibilities and costs for export, import, customs, taxes, charges and approvals is governed by the relevant agreement and applicable statutory provisions. Unless otherwise agreed, the customer is responsible for import clearance and the local approvals required for its operations in the destination country.

2. A separate assessment of all local building, food-law, hygiene or other operational requirements is owed only if undertaken. The agreed quality and suitability of the goods, statutory duties of Eistechnikcenter GmbH itself, and its duties to advise and provide information remain in place.

3. If Eistechnikcenter GmbH identifies material obstacles to the agreed delivery, export, assembly or use on the basis of the available information, it informs the customer.

4. The customer must provide, completely and in good time, the information and documents for which it is responsible and which are required for export controls, import, end use and approvals. Delays and cost consequences are dealt with according to the agreed allocation of responsibilities and statutory responsibility.

5. Additional services such as export documents, translations, certificates or separate customs clearance are billed at the remuneration agreed for them. Services already agreed and necessary for proper performance do not become additional chargeable services merely by being described as foreign-business costs.

6. Where performance of the contract would breach applicable export-control, sanctions or other mandatory law, the affected performance will not be carried out unlawfully. Eistechnikcenter GmbH informs the customer of the impediment to the extent legally permitted. Suspension, refusal to perform, withdrawal, counter-performance and unwinding are governed by the statutory conditions.

7. Incoterms apply only if a particular rule, including its edition, has been agreed. In the absence of such an agreement, no Incoterms rule is assumed.

§ 32 Applicable law and exclusion of the CISG

1. The law of the Federal Republic of Germany applies to the contractual relationship.

2. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

3. Mandatory provisions whose application cannot be excluded by a choice of law under the applicable rules of private international law remain unaffected.

§ 33 Set-off, retention and assignment

1. The customer may set off counterclaims that are undisputed, established by a final judgment or acknowledged by Eistechnikcenter GmbH. This restriction does not apply to counterclaims arising from the same contractual relationship; the customer may set off such counterclaims subject to the statutory conditions.

2. Rights of retention and rights to refuse performance arising from the same contractual relationship, particularly on the grounds of non-performance or defective performance, remain available subject to the statutory conditions.

3. These General Terms and Conditions do not restrict the assignment of monetary claims against Eistechnikcenter GmbH. The statutory provisions apply to the assignment of other claims. These General Terms and Conditions do not impose an additional requirement to obtain consent.

4. Statutory prohibitions on assignment and mandatory provisions, particularly § 354a HGB, remain unaffected.

§ 34 Place of performance and jurisdiction

1. The place of performance is determined by the relevant agreement and otherwise by the statutory provisions. An agreed location for assembly, repairs or other on-site performance remains applicable.

2. If both parties are based in Germany when the contract is concluded and the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction at the registered office of Eistechnikcenter GmbH is agreed for disputes arising from the contractual relationship. Eistechnikcenter GmbH may also bring proceedings against the customer at the customer's general place of jurisdiction.

3. For other customers and for cross-border contractual relationships, the statutory jurisdiction rules apply unless a separate valid jurisdiction agreement has been made. Being a business customer alone does not establish jurisdiction at the registered office of Eistechnikcenter GmbH.

4. Exclusive statutory jurisdiction remains unaffected.

§ 35 Final provisions

1. Changes and additions to the contract should be recorded in text form for documentation purposes. Forms prescribed by law must be observed.

2. Valid individual contractual agreements take precedence over these General Terms and Conditions. This also applies to individual agreements made orally or by conduct; their precedence does not depend on confirmation in text form.

3. If provisions of these General Terms and Conditions have not been incorporated into the contract or are invalid, the legal consequences are governed by § 306 BGB. To the extent provided there, the remainder of the contract remains valid and the statutory provisions replace the provisions concerned.

4. The contract language is German unless otherwise agreed. Translations are provided for information; an express agreement on another contract language or authoritative language version remains unaffected.