General Terms and Conditions of Sale
Note: This translation is provided for information only. Only the German version is legally binding.
of L+K Anlagentechnik GmbH · Ihlowerhörner Straße 16 · 26632 Ihlow · Germany
1. Scope
1.1 These General Terms and Conditions of Sale apply only to contracts of L+K Anlagentechnik GmbH (“L+K”) with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (“Customer”).
1.2 The contractual relationship between L+K and the Customer is governed exclusively by these General Terms and Conditions of Sale. Conflicting terms of the Customer or terms deviating from these General Terms and Conditions of Sale are not accepted. The General Terms and Conditions of Sale of L+K apply exclusively even if L+K performs services without reservation in the knowledge of conflicting or deviating terms of the Customer.
1.3 Subject to the inclusion of amended terms of sale, these General Terms and Conditions of Sale also apply to all future contracts between L+K and the Customer for the sale of goods, without the need for renewed express inclusion.
2. Contractual declarations
2.1 Quotations from L+K are non-binding and subject to change unless they are expressly marked as binding or contain a specific period for acceptance.
2.2 All agreements made between L+K and the Customer must be documented in writing and sent to both contracting parties. Transmission by e-mail or fax is sufficient to comply with the written form.
3. Quotation and contract documents
3.1 L+K reserves ownership rights and copyrights to quotations and cost estimates as well as to illustrations, drawings, calculations, brochures, catalogues, models, tools and other documents or aids. Information and documents designated as “confidential” or whose confidentiality results from the nature of the matter must be treated confidentially and may only be passed on to third parties with the express written consent of L+K.
3.2 At the request of L+K, these items must be returned in full and any copies made destroyed if they are no longer required by the Customer in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.
4. Price
4.1 Unless otherwise stated in the quotation from L+K, the prices of L+K are in euros, net (excluding VAT), “ex works” (EXW Ihlow, Incoterms® 2020).
4.2 L+K is entitled to pass on to the Customer all increases in freight costs, shipping charges, insurance premiums and the like that occur after conclusion of the contract if delivery is to take place later than 8 weeks after conclusion of the contract. The same applies to customs duties, levies, taxes and the like that directly or indirectly increase the price.
4.3 Taxes and other levies incurred for deliveries and services in the country of receipt shall be borne by the Customer.
5. Terms of payment
5.1 The Customer shall settle the payment claims of L+K within 30 days of invoicing, net without deductions. All payments are to be transferred to the account stated on the invoice. L+K reserves the right to require payment in advance (c.i.a.).
5.2 The Customer is only entitled to set-off if its counterclaims have been legally established, are undisputed or have been acknowledged by L+K. The Customer is also not entitled to a right of retention on account of disputed counterclaims that have not been legally established.
6. Performance
6.1 In the absence of agreements to the contrary, L+K is entitled to make partial deliveries.
6.2 In the case of contracts whose performance extends over a longer period, each delivery is deemed to be a separate transaction. A defective or late partial delivery has no influence on the remainder of the contract.
6.3 The written order confirmation of L+K is authoritative for the scope of the entire delivery; in the case of a quotation from L+K with a time limit and timely acceptance, and if no timely order confirmation exists, the quotation itself is authoritative.
6.4 Information provided by L+K on the subject of the delivery or service (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) as well as representations provided by L+K (e.g. drawings and illustrations) are only approximately authoritative unless usability for the contractually intended purpose requires exact conformity. The information stated does not constitute guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations customary in the trade and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components by equivalent parts, are permissible insofar as they do not impair usability for the contractually intended purpose. Illustrations on the L+K website, in particular symbolic images marked as AI-generated, are for illustration purposes only.
7. Delivery period
7.1 The start of the delivery period stated by L+K requires the timely and proper fulfilment of all of the Customer’s obligations to cooperate and the clarification of all technical questions. The periods and dates indicated by L+K are always only approximate unless a fixed period or a fixed date has been expressly promised or agreed.
7.2 The delivery period is met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires.
7.3 The delivery period is extended by the duration of a temporary impediment to performance for which L+K is not responsible, such as in particular operational disruptions of all kinds or official measures. This also applies if the temporary impediment to performance for which L+K is not responsible occurs at sub-suppliers. L+K is also not responsible for the aforementioned circumstances if they arise during an existing delay. If, as a result of delays, the Customer cannot reasonably be expected to accept the delivery or service, it may withdraw from the contract by means of an immediate written declaration to L+K.
7.4 If dispatch is delayed at the Customer’s request, the Customer shall be charged, beginning one month after notification of readiness for dispatch, the costs incurred by storage, but in the case of storage at L+K at least 1 % of the invoice amount for each month; the Customer reserves the right to prove lower damage. L+K is entitled, after setting a reasonable deadline that has expired without result, to otherwise dispose of the delivery item. If the Customer is in default of acceptance or violates other obligations to cooperate, L+K is entitled to demand compensation from the Customer for the resulting damage, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the goods also passes to the Customer at the time at which the Customer is in default of acceptance.
7.5 L+K is entitled to carry out outstanding deliveries or services only against payment in advance (c.i.a.) or provision of security if, after conclusion of the contract, L+K becomes aware of circumstances that are likely to significantly reduce the creditworthiness of the Customer.
8. Terms of delivery and transfer of risk
8.1 Incoterms® 2020: EXW Ihlow. CIP possible on request.
8.2 Unless otherwise agreed, the goods are shipped “ex works” (EXW Ihlow) at the expense and risk of the Customer, even if partial deliveries are made. The method of shipment and packaging are subject to the dutiful discretion of L+K. If L+K follows shipping instructions given by the Customer, this is done without any liability on its part at the cost and risk of the Customer.
8.3 At the Customer’s request and expense, the consignment will be insured by L+K against theft, breakage, transport, fire and water damage and other insurable risks.
8.4 If dispatch is delayed due to circumstances for which the Customer is responsible, the risk passes to the Customer from the day of readiness for dispatch; however, L+K is obliged, at the request and expense of the Customer, to take out the insurance policies requested by the Customer.
8.5 Delivered goods must be accepted by the Customer even if they have minor defects, without prejudice to the rights under No. 10 of these General Terms and Conditions of Sale.
9. Obligation to give notice of defects
9.1 Deliveries must be inspected by the Customer, or by the recipient designated by the Customer, immediately after receipt. After unreserved acceptance of the goods by the Customer or a person appointed by the Customer, any subsequent complaint regarding the external condition of the delivery is excluded. Other defects in the goods, insofar as they are recognisable, can only be notified within 3 working days of receipt, and otherwise only within 3 working days of discovery. Otherwise, the goods are deemed approved with regard to the defect. The same applies if the Customer does not enable L+K, immediately upon request, to examine the defect properly.
9.2 Notices of defects must be made in writing; No. 2.2 sentence 2 applies accordingly.
10. Warranty
10.1 For defects notified in good time that more than insignificantly impair the value or fitness for use, L+K shall initially, at its discretion, provide subsequent performance by remedying the defect or delivering flawless replacement goods. If subsequent performance fails twice, the Customer is entitled to withdraw from the contract or to reduce the price in accordance with the statutory provisions. L+K provides the same warranty for the replacement delivery as for the original delivery. The limitation period for warranty claims is 12 months from delivery; this does not apply in the cases of No. 11.6 or insofar as the law mandatorily prescribes longer periods (in particular Sections 438(1) No. 2, 445b, 634a(1) No. 2 BGB).
10.2 The preceding paragraph does not limit claims of the Customer in the event of intent or fraudulent intent, nor claims for damages under No. 11 of these General Terms and Conditions of Sale.
10.3 The warranty shall lapse if the Customer modifies the goods or has them modified by third parties without the consent of L+K and this makes the remedy of defects impossible or unreasonably difficult. In any case, the Customer shall bear the additional costs of remedying defects resulting from the modification.
10.4 A delivery of used items agreed with the Customer in individual cases takes place with the exclusion of any warranty for material defects, unless a defect has been fraudulently concealed or a guarantee has been given.
11. Liability
11.1 The liability of L+K is generally limited to damage caused intentionally or through gross negligence by L+K or its bodies, legal representatives, employees or other vicarious agents. L+K is liable for slight negligence only in the event of injury to life, body or health and the breach of obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely (material contractual obligations).
11.2 If L+K is liable for the slightly negligent breach of material contractual obligations, liability is limited in type and amount to the damage typical for contracts of the type in question that was foreseeable at the time the contract was concluded. This does not apply in the event of injury to life, body or health.
11.3 Indirect damage and consequential damage resulting from defects in the goods are furthermore only eligible for compensation insofar as such damage is typically to be expected when the delivery item is used as intended.
11.4 Insofar as the liability of L+K is excluded or limited, this also applies to the personal liability of the employees, workers, staff, representatives and vicarious agents of L+K.
11.5 Insofar as L+K provides technical information or acts in an advisory capacity and this information or advice is not part of the scope of services owed by it, this is done free of charge; L+K is liable for this only in accordance with this No. 11.
11.6 The above limitations of this No. 11 do not apply to the liability of L+K for intentional or grossly negligent conduct, for guaranteed characteristics, for fraudulently concealed defects, for injury to life, body or health or under the German Product Liability Act.
12. Retention of title
12.1 All deliveries are made subject to retention of title. The delivered goods remain the property of L+K until full payment of all present claims arising from the legal relationship between L+K and the Customer and all future claims arising until the transfer of ownership. Until full payment of the purchase price, the Customer is not permitted to resell, pledge or assign as security the delivered goods or otherwise dispose of them, nor to make changes to them, in particular those that lead to a loss of the goods’ new condition. Deviating agreements, for example on commissioning before full payment, must be made in writing.
12.2 The Customer is obliged to treat the goods with care as long as ownership has not passed to it. In particular, the Customer is obliged to insure them adequately at its own expense against fire, water and theft damage at replacement value. If the Customer has not demonstrably taken out this insurance itself, L+K is entitled, but not obliged, to take out this insurance at the Customer’s expense.
12.3 If maintenance and inspection work is required, the Customer must carry it out in good time at its own expense.
12.4 The Customer must inform L+K immediately of any enforcement measures or other interventions by third parties in the goods subject to retention of title, handing over the documents necessary for proceedings. Insofar as the third party is unable to reimburse L+K for the judicial and extrajudicial costs, the Customer is liable for the loss incurred by L+K.
12.5 L+K is obliged to release the securities to which it is entitled at its own discretion insofar as their estimated value exceeds the sum of the outstanding claims by more than 50 %.
13. Place of performance
The place of performance for all mutual obligations is Ihlow.
14. Applicable law
All legal relationships between L+K and the Customer arising from or in connection with this contract are governed by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
15. Place of jurisdiction
The place of jurisdiction for all disputes between L+K and the Customer arising from or in connection with this contract is Aurich (registered office of L+K: Ihlow) or – in the case of proceedings initiated by L+K – at the option of L+K also the Customer’s place of business, provided the Customer is a merchant, a legal entity under public law or a special fund under public law. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.
Last updated: October 2026