one of the most innovative companies in Germany concerning the sectors punching technology and tool construction.
By combining modern punching automation and progression tools, the highest qualities are guaranteed. More than 45 years of experience as a high-performing specialist prove our competence in stainless steel processing.
You have the idea – we provide the planning and implementation out of one hand: First the design and development, then the construction of the tools and finally the series production including surface finishing and assembly.
Kindly get more information on our internet page or call us under +49 (0)2932 96170. Our experts like to answer your questions and inquiries at any time.
"Dieter Rest" was founded in the year 1971. Today it is a highly innovative company for tool construction and steel punching. With a team of approximately 100 specialists, we are known for finding solutions for most challenging problems. We start where others gave up. From the design to the development; from the prototype construction to the series production as well as surface fininishing at your request, assembly and logistics − in this company you get certificated quality out of one hand.
The modern tape processing of different materials enables us to manufacture high-quality parts and components like e.g. drainage grates and collars for the sanitary sector and structure parts for the automotive sector.
But also in sectors like industry and building technology, air freight, food industry, agricultural machinery, bike assessories, household appliances, solar technology, heating manufacturing and many more, are continuously delivered from individual series to mass series.
The manufacturing of parts out of NE-metals and the automotive sector get more and more important. "Dieter Rest" is in almost every industrial sector the competent partner for further development − a partner who enables the series production within very short after the development. Throughout Europe and even worldwide more and more customers profit from our delivery reliability. Our aim is to provide excellent service at any time.
We enlarged to an area of more than 5.000 square meters office, production and storage facility. The absolute Centerpiece is our 4.000 kN punching machine with patented Servo-technology. Concerning sustainable and future-locking generation and use of energy Dieter Rest puts also its focus on high-quality technologies. In this matter we run a block heating station in addition to photovoltaics.
We are proud being a highly motivated and dynamic team, optimally qualified and with special skills.
Dieter Rest GmbH
Tel: +49 (0) 29 32 - 96 17 0
Fax: +49 (0) 29 32 - 96 17 50
Dieter Rest GmbH
Tel: +49 (0) 29 32 - 96 17 0
Fax: +49 (0) 29 32 - 96 17 50
Dieter Rest, Werner Backs (Dipl. Ing.), Reiner Sommer
Amtsgericht Arnsberg HRB 938
USt-IDNR.: DE 123 879 936
Dieter Rest, Werner Backs (Dipl. Ing.), Reiner Sommer
Design and implementation by:
This privacy statement informs you about the nature, extent and purpose of collected,
used, and processed personal data within our website. The processing of personal
data, for instance the name, address, email-address, IP-address, telephone number
and other information of the data subject, shall be done in accordance with the General
Data Protection Regulation (GDPR).
Dieter Rest GmbH
Dieter Rest GmbH Borkshagenstraße 7 59757 Arnsberg firstname.lastname@example.org Manager / Owner:
Dieter Rest, Werner Backs, Reiner Sommer
Data Protection Officer Contact:
Types of Personal Data:
We process the following personal information
- Personal data ( e.g. Name, Address)
- Contact details (e.g. E-mail, Telephone no.)
- Education (e.g. educational qualifications)
- Information on Educational Achievements
- Personal interests with regard to the position to be filled
- Content data (e.g. Texts, Photos, Videos)
- Data usage (e.g. visited pages, interest in content, accessed time and date)
- Meta and communication data (e.g. device information, IP-addresses)
Definition of Terms:
Our privacy statement is based on the concepts of General Data Protection Regulation (DGPR). The data privacy declaration of Dieter Rest GmbH should be easy to read and understand both for public and as well as for interested party, customers and business partners. In order to ensure this, we would like to explain the terminologies being used.
These are all information that refers to an identified or identifiable private person (‘data subject); a private person is considered identifiable when one can be identified directly or indirectly, in particular by associating through identifiers such as name, identification number, location data, online identification or other features specific to his physical, physiological, mental, genetic, economic, cultural, or social identity.
Any operation or set of operations performed on personal data or set of personal data ,with or without the help of automated means, such as gathering, collection, organization, recording, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or another form of making available, adjustment or combination, restriction, erasure or eradication;
Limitation of Processing
The marking of stored personal data for the purpose of limiting their usage in the future.
any form of automated processing of personal data, wherein personal data is used to analyse certain personal aspects relating to a natural person, in particular the evaluation regarding the aspect of person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
The processing of personal data in such a way that personal data can no longer be attributed to a specific person without the aid of additional information, provided these additional information is stored separately and is controlled by technical and organisational measures to ensure that the personal data are not designated to an identified or identifiable person.
Any structured set of personal data which are accessible according to certain criteria, regardless of whether this collection is centralised, decentralised or arranged on a functional or geographical basis.
A natural or legal person, public authority, institution or other entity, which, alone or jointly with others, determines the purpose and means of processing of personal data; where the purpose and means of such processing is specified by European Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
A natural or legal person, public authority, institution or other entity which processes the personal data on behalf of the controller;
A natural or legal person, public authority, institution or other entity, to which the personal data are disclosed, regardless of whether it is third party or not. On the other hand, authorities who may receive personal data in a scope of a particular investigation under Union law or law of State Members shall not be considered as recipients; the processing of these data from the said authorities shall be in accordance to the applicable data protection rules according to the purpose of the processing;
A natural or legal person, public authority, institution or other entity who are authorised to process personal data, other than the data subject, the controller, the processor and persons who are under the immediate responsibility of the controller or processor;
Any voluntary, informed manner and unambiguous intentions given by data subject for a particular case through a form of statement or other clear affirmative act, indicating his / her agreement in the processing of his / her personal data.
A natural or legal person engaging in an economic activity regardless of its legal form, including partnerships or organisation regularly performing economic activity;
- the legal principle for lawful processing and obtaining of consent can be found in Art. 6 Sec. 1 (a) and Art. 7 of GDPR,
- the legal principle for implementation of contractual actions as well as responding to inquiries can be found in Art. 6 Sec. 1(b) of GDPR,
- the legal principle of processing for the fulfillment of our legal obligation can be found in Art. 6 Sec 1(c) of GDPR,
- the legal principle of processing for the protection of our legitimate interests can be found in Art. 6 Sec. 1(f) of GDPR,
Contact through the Website
Due to legal regulations, our website contains information which enables a prompt electronic way of contacting our company and a direct communication with us, which as well includes a generic address through a so-called electronic mail (E-Mail Address). Whenever a data subject contacts the controller per email or through a contact form, the submitted personal information of the said person will be saved automatically. Such personal data transmitted voluntarily by a data subject to the controller will be saved for the purpose of processing and as contact of the said person. This personal information is not disclosed to third parties.
Security of Processing
According to Art. 32 of GDPR, taking into consideration the state of technology, the implementation costs and the nature, the scope, the circumstances and the purpose of processing as well as the different probability and severity of risk for the rights and freedom of natural person, we shall be taking appropriate technical and organisational measures to ensure a level of protection adequate to the risk. These measures shall include the following: Pseudonymization and encryption of personal data; protection of confidentiality, integrity and availability of data; access to the data; and regular examination of these measures.Furthermore, we have established procedures which ensure an awareness on the rights of the data subject, deletion of data and reaction on threats of data. In anticipation, we take into account the protection of personal data already through the choices of hardware, software as well as the procedures, pursuant to the principles of privacy protection by technical design and default setting (Art. 25 GDPR)
Cooperation with External Processors and Third Parties
In the event of disclosure of personal data to other persons and companies (External processors or Third parties) within the course of our data processing, handing them over the information or further granting them access to the data, this shall only be done based on a statutory permission (i.e. Art. 6 Sec. 1(b) GDPR, disclosure of data to third party is required for the fulfillment of contract), given consent of a data subject (Art. 6 Sec. 1(a) GDPR), a specified legal obligation (Art. 6 Sec. 1(c) GDPR) or based upon our legitimate interests (i.e. web hosting, etc. Art. 6 Sec. 1(f) GDPR). The data subject will be informed by our employee on a case-by-case basis whether the provision of personal data is legally or contractually mandated or is required for the completion of contract and/or whether there is an obligation to provide personal data and which consequences would non-submittal of data have. The delegation of data processing to third party shall be done only based on the order processing contract and is done in accordance with Art. 28 GDPR.
Rights of Data Subject
Right to Confirmation
Any person affected in the processing of personal data has the right to obtain confirmation from the controller whether or not such personal data is being processed. These can be found on Art. 15 of GDPR. If you wish to exercise your right to confirmation, you may contact an employee of data controller any time.
Right of Access Personal Data
In the event that data have been processed, the right of access (Art. 15 GDPR) to these personal data and to the following information applies:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisation;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
If you wish to exercise your right of access to information, you may contact an employee of data controller and request a copy of personal data anytime.
Right to Rectification
Any person affected in the processing of personal data has the right to obtain without undue delay the rectification of inaccurate personal data concerning him or her (Art. 16 GDPR). In addition, the data subject has the right, taking into consideration the purpose of processing, to request completion of incomplete personal data and as well means of supplementary statement. If you wish to exercise your right to rectification, you may contact an employee of data controller anytime.
Right to Erasure (Right to be Forgotten)
Any person affected in the processing of personal data has the right to obtain without undue delay from the controller the erasure of personal data concerning him or her (Art. 17 GDPR), provided one of the following reasons applies and when processing is not required:
- personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
- the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
If one of the aforementioned grounds applies and the data subject wishes for the deletion of stored personal data at Dieter Rest GmbH to be initiated, he may contact an employee of data controller any time. The employee shall arrange that the request of deletion is immediately fulfilled.
Right to Restriction of Processing
Any person affected in the processing of personal data has the right to require the controller of the restriction of data processing (Art. 18 GDPR), provided one of the following conditions applies: - the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims;
- the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned grounds applies and the data subject wishes for restriction of personal data stored at Dieter Rest GmbH to be initiated, he may contact an employee of data controller any time. The employee will arrange that the restriction is initiated.
Right to Data Portability
Any person affected in the processing of personal data has the right to receive the personal data concerning him which he provided to a controller in a structured, conventional and machine-readable format. He has also the right to transmit these data to another controller without obstruction from the controller whom the personal data have been provided (Art. 20 GDPR). This shall apply if:
- the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1)
- and the processing is carried out by automated means,
- the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The data subject has the right in exercising his right to portability pursuant to Art. 20 Sec. 1 GDPR to have his personal data transmitted directly from one controller to the other, as long as this is technically feasible and does not adversely affect the rights and freedoms of others.
If you wish to exercise your right to portability, you may contact an employee of data controller any time.
Right of Withdrawal
You have the right to withdraw your given consent in accordance to Art. 7 Sec. 3 GDPR.
If you wish to exercise your right of withdrawal, you may contact an employee of data controller any time.
Right to Object
Any person affected in the processing of personal data has the right to file any time for objection against the processing of personal data concerning him due to reasons that arise from particular situation, according to Art. 6 Sec 1(e and f). This applies also on profiling based on these provisions.
Dieter Rest GmbH shall no longer process the personal data in the event of objection, unless compelling legitimate reasons for processing is proven which outweigh the interests, rights and freedom of the data subject or the processing serves as establishment, exercise or defense of legal claims. Whenever Dieter Rest GmbH processes personal data for direct marketing, the data subject has the right to object any time against the data processing due to marketing purposes. This shall apply as well to profiling, insofar it is associated with such direct advertisement.Provided the data subject objects the processing because of direct marketing purposes, the controller shall no longer process the data in connection to the said purposes.
Furthermore, the data subject has the right to object due to reasons that arise from his particular situation, against the processing of personal data concerning him done for scientific or historical purposes or statistical purposes pursuant to Art. 89 Sec. 1 GDPR, unless such processing is necessary for the fulfillment of task for general public interest. If you wish to exercise your right to object, you may contact an employee of data controller any time. You are free to exercise your right to object, in connection with the use of services from information society, by means of automated procedures in which technical specifications are used, regardless of Directive 2002/58/EC.
Automated Individual Decision-making, Including Profiling
Any person implicated in the processing of personal data has the right not to be subject to a decision solely based on automated processes, including profiling, which produces legal effect concerning him or significantly affects him in a similar way. This is not applicable if the decision:
• is necessary for entering into, or performance of, a contract between the data subject and a data controller;
• is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
• is based on the data subject’s explicit consent.
If the decision for completion or fulfillment of a contract between the data subject and the controller is necessary or is carried out with the explicit given consent from the data subject, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision. If you wish to exercise your rights referring to automated decision, you may contact an employee of data controller anytime.
Duration of Storage of Personal Data
The corresponding legal storage period is the criterion for the duration of storage of personal data. After the expiration of storage period, the corresponding data shall be routinely deleted provided they are no longer necessary for the fulfillment or execution of contract.
Data Protection Policy for the Application Procedure
The controller collects and processes personal data only for the purpose and within the scope of application process in accordance with the legal provisions. The processing of applicant’s data is done to fulfill our pre-contractual obligations as part of application procedure in accordance with Art. 6 Sec. 1(b) GDPR; Art. 6 Sec. 1(f) GDPR, if the data processing for example as part of legal procedure becomes necessary for us. (applies additionally § 26 BSDG). Our application procedure requires the applicant to provide us of the applicant’s data. The necessary applicant’s data are identified in our online form, but otherwise they come from the job descriptions und basically on it include details of the person, postal address, contact details and documents pertaining to the application, such as cover letter, curriculum vitae and certificates. Additionally, the applicant can voluntarily provide us additional information. If special categories of personal data is voluntarily submitted as part of application procedure pursuant to Art. 9 Sec1 GDPR, their processing shall be done additionally pursuant to Art. 9 Sec. 2(b). Applicants can submit their applications through our online form on our website. The data shall be encrypted using a state of the art technology and is transmitted to us.
Furthermore, applicants can submit their applications via E-mail. Thus, we shall point out that E-mails normally are sent unencrypted and the applicants shall take care of their own encryption. Instead of sending application through online form or E-mail, applicants can also send their application to us through post. In case of a successful application, the data provided by applicants shall be processed further for the purpose of employment. Otherwise, if the application for a job offer is unsuccessful, the applicants’ data shall be deleted. The applicants’ data shall be deleted as well if an application is withdrawn, in which the applicants are entitled to at anytime. Should there be no objections from the applicants, the deletion shall be done after a period of six (6) months, so that we could answer any follow-up questions regarding the application and fulfill our obligations on General Act on Equal Treatment (AGG). Invoices for any travel expenses’ reimbursements shall be archived according to the tax regulations.
Hosting and E-mailing
The Hosting Server we use provides the following services: Infrastructure and Platform, Computing capacity, Storage space and Database, E-mailing, and Security as well as Technical Maintenance, in which we use for the purpose of operation of online services. With this, we, and our Host provider process Inventory data, Contact details, Content data, Contract data, Usage data, Meta and communication data of customers, Potential customers and Visitors of these online services based on our legitimate interests in order to provide efficient and secure online services according to Art. 6 Sec.1(f) GDPR in conjunction with Art. 28 GDPR (Completion of Order Processing Contract).
Online Presence in Social Media (Facebook)
Status: January 2016
Download: General Terms and Conditions (pdf)
Our terms and conditions of sale shall apply exclusively; we will acknowledge buyer's contradictory terms and conditions or those deviating from our terms only if we expressly approve their validity in writing.
2. Quotation and contract conclusion
2.1 Our offers are subject to alteration without notice and without obligation, unless we have particularly in writing denominated them to be committal. Declarations of acceptance and buyer's orders, if classified as an offer pursuant to Article 145 BGB (German Civil Code), only take binding effect if we confirm them in writing. We have 15 weekdays (Mondays through Saturday) time to accept buyer’s orders from the time of receipt of such order.
2.2 Documents forming part of our offer pursuant to section 2.1, such as illustrations, drawings, etc, and resultant measurement and weight specifications are only indicative, unless we have explicitly in writing designated these to be binding. The same applies to consumption data. We are entitled to manufacture with tolerances customary in the industry within the framework of what is reasonable for the buyer.
3. Documentation/records made available
We reserve all proprietary rights and copyrights to all documents/records made available to buyer in context with placing orders, such as calculations, drawings, etc. Such items may not be made available to third parties without our explicit consent. If we decline to accept buyer's order within the period stated in paragraph 2, these documents/records will immediately be returned to us.
4. Prices and terms of payment
4.1 Unless agreed upon differently in writing, our prices are quoted ex works, exclusive of packaging and applicable statutory VAT. The costs for packaging will be invoiced separately.
4.2. The purchase price is due for payment no later than 14 days after delivery with a 2% discount and within 30 days net. Interest for delay will be 9% above the base interest rate fixed by the European Central Bank. In accordance with § 286 sec. 3 BGB (German Civil Code), buyer shall be in default 30 days after invoice is received and due for payment. The right to assert higher claims to compensation for damages caused by delay is reserved.
4.3. Unless a fixed price was agreed, the right to make appropriate price modifications due to changed labor, material and sales costs for deliveries made three months or more after contract conclusion remains reserved.
4.4 If we have undertaken installation, assembly or any other service and nothing has been agreed to the contrary, the buyer in addition to the agreed remuneration shall assume all necessary ancillary costs such as travel and transport expenses.
5. Offsetting and retention rights
The buyer is entitled to offsetting only if his counterclaims have been legally established or are undisputed. The orderer is entitled to exercise rights to retention only if his counterclaim is based upon the same contractual relationship.
6. Delivery schedules
6.1. Delivery schedules are principally non-committal and approximate. In case of doubt, the delivery period begins at the time we send the order confirmation.
6.2 The observance of deadlines for deliveries is conditional upon timely receipt of all document/records, necessary permits and approvals to be supplied by the buyer, including plans, and observance of agreed payment terms and other obligations by the buyer. If these conditions are not fulfilled on time, the deadlines shall be extended appropriately; this does not apply if we are responsible for the delay.
6.3. If failure to comply with agreed delivery deadlines can be attributed to force majeure, e.g. mobilization, war, riots or similar events such as strikes, lockouts, etc, the deadlines shall be extended appropriately. The same applies if we are not supplied correctly or on time by one of our suppliers.
6.4 If we culpably are in default of delivery, the buyer - if he can prove that he has incurred damages as a result - for each full week of delay may demand compensation of 0.5%, however in total no more 5% of the net price for the share of deliveries which could not be placed in serviceable operation due to the delay.
6.5 Any claims for compensation for damages by the buyer due to delayed delivery and claims for compensation for damages in lieu of performance exceeding the limits specified in section 6.4 are excluded in all cases of delayed delivery after expiry of a delivery deadline set for us. This does not apply where liability is compulsory in cases of intent, gross negligence or due to injury to life, limb or health. The buyer may only withdraw from the contract within the framework of statutory provisions to the extent we are responsible for the delayed delivery.
6.6 At our request, the buyer is obligated to declare within a reasonable period of time if he due to the delay in delivery intends to withdraw from the contract or insists on delivery.
6.7 We are entitled to make partial deliveries as well as short and excess deliveries of up to approximately 10%.
7. Passage of Risk
7.1 Delivery is carried out "ex works", unless we have explicitly agreed differently with the buyer. Unless we have expressly taken over the dispatch or assembly of the delivered object in writing, the risk of accidental loss and accidental deterioration of the goods we supplied therefore passes to the buyer upon handover or collection by the person responsible for transport. The same applies also to partial deliveries.
7.2. In the event of deliveries with installation and assembly, risk passes to the buyer on the date of acceptance at buyer's premises or, if so agreed, following flawless trial operation.
7.3 If dispatch, delivery, start, performance of installation or assembly, acceptance into own operations or trial operations are delayed for reasons attributable to the buyer or buyer falls into default of acceptance for other reasons, risk passes to the buyer at the time default in acceptance occurs.
8. Retention of ownership
8.1 We retain title of ownership to the delivered goods until all payments due under the delivery contract have been made. This applies also to all future deliveries even if we do not consistently and explicitly refer to such right. We are entitled to take back the delivered goods if the buyer acts in breach of contract.
8.2. As long as property rights have not yet passed to buyer, he shall be obligated to keep the goods in proper maintenance and condition. He shall be particularly obligated to adequately insure these at his own cost against theft, fire, and water damages at reinstatement value. Buyer will have any required maintenance and inspections conducted in due time at his own cost. As long as property rights have not yet passed, the buyer will immediately notify us in the event of seizures or other interventions by third parties against the delivered goods. If the third party is unable to reimburse to us the judicial and extra-judicial costs of proceedings pursuant to § 771 ZPO (Code of Civil Proceedings), the buyer shall be liable for the losses incurred by us.
8.3 Buyer shall be entitled to resell the delivered goods subject to retention of title in the normal course of business. Buyer here and now assigns to us the receivables from selling the goods subject to retention of title in the amount of the final invoice total (including VAT) of our claim. This assignment is in effect regardless of whether the object of purchase has been resold without or following processing. Buyer shall remain entitled to collect said receivable also after the assignment; this shall not affect our entitlement to collect the account receivable ourselves. However, we engage not to collect the receivable as long as buyer complies with his payment duties from the revenue collected, if he does not fall into arrears of payment and, in particular, if no application for insolvency proceedings has been made and there is no suspension of payments.
8.4 Processing or re-shaping of the object of purchase by buyer shall always be done in our name and on our behalf. In such case, the buyer's entitlement rights to the purchase item shall continue with the transformed item. If the object of purchase is processed with other objects not belonging to us, we shall acquire joint title to the new object in the ratio of the value of the object of purchase (final invoice amount including VAT) to the other processed objects at the time of the processing. This also applies if the object is blended with others. If the blending is such that buyer's object is to be regarded as the main object, it shall be deemed agreed that buyer transfers joint title to us pro rata and that buyer shall safeguard the ensuing sole or joint title on our behalf. To secure our claims against the buyer, he already now also assigns to us such claims against a third party which he incurs from blending the goods subject to retention of title with real-estate property; we hereby accept such assignment.
8.5 We engage to release the securities accruing to us upon buyer's request to the extent that the realizable value of our securities exceeds the receivables to be secured by more than 20%.
9. Warranty and claims for defects as well as recourse / manufacturer recourse
9.1 Buyer's claims for defects shall be conditional upon buyer's compliance with his duties of examination and notification pursuant to § 377 HGB (German Commercial Code). Buyer will immediately, however no later than one week after receipt, inspect the delivery for any defects and will then notify us in the event any such defects have been found.
9.2 Claims for defects become statute-barred 12 months after delivery to the buyer of the goods we supplied. The prior limitation period does not apply to claims for damages due to personal injury. Goods may be returned to us only with our prior approval. This deadline does not apply where the law pursuant to BGB §438 section 1 no. 2 (buildings and items for buildings), §479 section (right of recourse) and §634a section 1 no. 2 (construction defects) sets out longer deadlines.
9.3 If in spite of all due diligence the goods we supply have a defect which was already incorporated in the part at the passage of risk, we will at our own discretion rework the goods or make replacement delivery, provided claims for defects were asserted in due time. We must always be given an opportunity to make supplementary performance with an appropriate grace period. Rights of recourse shall not in any way be affected by the aforestated regulation.
9.4 If supplementary performance proves a failure, the buyer - regardless of any claims to compensation for damages pursuant to section 9.8 – may withdraw from the contract or reduce remuneration.
9.5 No claims for defects arise in case of merely insignificant deviations from the agreed quality, in case of merely insignificant adverse effects on usability, in case of natural wear and tear or damages arising after passage of risk due to defective or negligent handling, excessive load, unsuitable equipment or as a consequence of particular external influences which are not specified under the contract. If inappropriate modifications or repair work is carried out by the buyer or by third parties, no defect claims shall arise for such or for the consequences thereof.
9.6 Buyer’s claims for necessary expenditures related to the purpose of supplementary performance, in particular transport, shipping, labor and material costs, are excluded if expenditures increase because the goods we delivered have subsequently been shipped to a location other than the buyer’s business site, unless such shipment complies with its normal use.
9.7 Buyer only has rights of recourse against us if the buyer has not entered into any agreements with its customers beyond statutory defect claims.
9.8 Buyer's claims to compensation for damages for a material defect are excluded. This does not apply to fraudulent concealment of the defect, non-observance of a quality guarantee, injury to life, limb or health or freedom, or to an intentional or grossly negligent breach of obligation by us. Any further buyer claims or claims other than those set out in these GTC for a material defect are excluded.
10. Impossibility, contract adaptation
10.1 If delivery is impossible, the buyer is entitled to demand compensation for damages unless we are not responsible for the impossibility. However, buyer's claim to compensation is limited to 5% of the value of the share of delivery which cannot be placed in serviceable operation due to such impossibility. This limitation does not apply if liability is mandatory in cases of intent, gross negligence or due to injury to life, limb or health. Buyer's right to withdraw from the contract is not affected.
10.2 If unforeseeable events in compliance with section 6.3 significantly alter the economic significance or the content of the delivery or if they have considerable impact on our operations, the contract shall be amended appropriately in good faith. Where this is not economically feasible, we are entitled to withdraw from the contract. If we wish to exercise this right of withdrawal, we will notify the buyer of such intention immediately after becoming aware of the significance of such event; this applies also if an extension of the delivery time had initially been agreed with the buyer.
11. Other claims to compensation for damages, statute of limitation
11.1 Buyer's claims to compensation for damages on any legal grounds, in particular due to breach of contractual obligations and unlawful acts, are excluded.
11.2 This does not apply if liability is mandatory, e.g. under the Product Liability Act, in cases of intent, gross negligence, due to injury to life, limb or health or due to breach of essential contractual obligations. Any claim to compensation for breach of essential contractual obligations is however limited to foreseeable damage typical of the contract, unless mandatory liability arises for intent or gross negligence or due to injury to life, limb or health.
11.3 If the buyer is entitled to claims to compensation for damages, these shall become statute-barred upon expiry of the applicable statute of limitation under section 9.2. The same applies to the buyer's claims in context with damage prevention measures (e.g. product recalls). The statutory limitation regulations apply to claims to compensation for damages under the Product Liability Act.
11.4 The prior regulations also apply to our vicarious agents, assistants and parties instructed by us.
12.1. This contract and the entire legal relationship between the parties is governed by the laws of the Federal Republic of Germany excluding the UN-Convention on Contract for the International Sale of Goods (CISG).
12.2 Provided that the buyer is a businessman, legal entity of the public law, or a special fund under public law, the exclusive court state with all disputes arising from the contractual relationship is our place of business.
12.3. All understandings and covenants between the parties on fulfillment of this contract have been fixed herein in writing.
12.4. If a clause of these contractual stipulations and any further agreements is or becomes legally ineffective, this shall not affect the validity of the remaining clauses. The contractual parties agree to replace the ineffective clause by an effective clause coming closest in business terms to what the parties had originally intended. This applies analogously also to any legal voids.