General Terms and Conditions for Deliveries and Services

1. Scope of Application

1.1 Deliveries and services, as well as other legal transactions in all business dealings of TFT Thal Filtertechnik - hereinafter simplified as TFT, are made exclusively according to the following General Terms and Conditions in their current version and are considered part of the contract, unless otherwise agreed in writing in an individual agreement between TFT and the contractual partner or client.

1.2 By accepting the goods or service, these conditions are considered accepted. They also apply when they are not mentioned in later contracts or services.

1.3 Changes and additions to a contract require written form.

1.4 Offers from TFT are non-binding and subject to self-delivery by suppliers.

1.5 TFT has the right to withdraw from contracts if facts indicate that the other contracting party is not creditworthy.


2. Delivery and Service

2.1 Drawings, images, dimensions, weights, or other performance data are only binding if expressly agreed in writing. Reasonable technical and design deviations from information in brochures, catalogs, and written documents, as well as model, construction, and material changes due to technical progress and further development, are reserved without any rights against TFT being derived from them.

2.2 TFT expressly reserves the right to reasonable partial deliveries/services and their invoicing.

2.3 Agreed delivery dates are considered met if the contract product was handed over to the carrier on the agreed delivery date. If the dispatch of ready-to-ship goods is delayed for reasons not attributable to TFT, the contract products can be stored at the expense and risk of the contracting party.

2.4 The delivery or service date or the delivery or service deadline - hereinafter simply referred to as "delivery date" - is agreed based on the anticipated performance capability of TFT and is non-binding, subject to timely self-delivery, and unforeseen circumstances and obstacles, whether they occur at TFT or the manufacturer, especially force majeure, state measures, non-issuance of official approvals, labor disputes of any kind, sabotage, shortage of raw materials, blameless late material deliveries. Such events extend the delivery and service date accordingly, even if they occur during an already existing delay. An extension will also apply to any subsequent deadline set by the contractual partner for the duration of the unforeseen event. If such events lead to a service postponement of more than two months, the contractual partner can withdraw from the contract.

2.5 The contractual partner can request TFT in writing to deliver or perform six weeks after exceeding a non-binding delivery date. Upon receipt of the request, TFT is in default. If the contractual partner is entitled to compensation, this will be limited to a maximum of 5% of the agreed fee in the case of slight negligence by TFT. If the contractual partner withdraws from the contract in addition to claiming damages or claims compensation instead of the service, they must set TFT a reasonable deadline for delivery/service after the aforementioned six-week period has expired. However, TFT is not liable if the damage would have occurred even if the delivery date had been met. If a binding delivery date is exceeded, the contractual partner does not need to send a request to put TFT in default. The rights of the contractual partner are governed by the above regulations.

2.6 TFT reserves the right to withdraw from the contract if the delivery/service delay caused by one of the aforementioned events lasts longer than six weeks and is not attributable to TFT.

2.7 Any agreement on the postponement of delivery or service dates requires written form.

2.8 In the event of a delay in acceptance, TFT has the right, in addition to the payment claim, to either determine a new delivery or service date or withdraw from the contract. In the case of non-acceptance, TFT can claim damages amounting to 15% of the contractual fee.


3. Duration and Termination

If no explicit contractual agreement regarding the use of TFT services is made in writing, a service commitment for an indefinite period is concluded. The contract can be terminated by both parties with a notice period of 6 months at the end of the year. Termination requires written form.

Hier ist die Übersetzung:


4. Inspection and Transfer of Risk

4.1 Upon delivery, the contractual partner must promptly check the goods for completeness and consistency according to the invoice. If a written complaint, arriving at TFT within six calendar days after receipt, is omitted, the goods are considered properly and completely delivered, unless it concerns a hidden defect. Return shipments of delivered goods without prior written consent from TFT will not be accepted even if the goods are objected to. The contractual partner bears transportation costs and risk.

4.2 Minor defects that do not impair the functionality of the item delivered or serviced do not entitle the contractual partner to refuse acceptance.

4.3 The risk is transferred to the contractual partner as soon as the contract product is handed over to the freight carrier, its agents, or other persons designated by TFT. If shipment is delayed or becomes impossible through no fault of TFT, the risk is transferred to the contractual partner upon notification of readiness to ship.


5. Prices and Payment Terms

5.1 The prices resulting from the respective offers or the individual offer are fixed prices from the start of the project. VAT and other statutory charges in the country of delivery, as well as packaging, transportation costs, transport insurance, environmental and processing fees are billed separately.

5.2 TFT reserves the right to reasonably increase the price if cost increases occur after the contract's conclusion, especially due to delays from suppliers or exchange rate fluctuations. These will be evidenced upon request. TFT is entitled to withdraw staff immediately and stop work in case of delays not caused by TFT or non-payment of outstanding customer invoices.

5.3 All invoices are, unless otherwise agreed in writing, payable immediately upon receipt without deduction. Invoicing occurs upon delivery/service, but no later than 14 days net from the invoice date.

5.4 The contractual partner can only offset against claims from TFT with counterclaims if they are undisputed or legally established; a right of retention can only be asserted if it is based on claims from the contract from which TFT derives the claim.

5.5 If the above payment terms are not adhered to by the other contractual party, TFT can at any time optionally demand cash payment, prepayment, or security deposit in return for delivery/service. All outstanding claims, including those for which TFT has accepted bills of exchange or for which installment payment has been agreed, become due immediately.


6. Retention of Title

6.1 The contract product remains the property of TFT until all claims from the contract are fulfilled. If the contractual partner is a public law legal entity, public-law special fund, or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the ongoing business relationship until the balance of claims related to the contract is settled.

6.2 In case of payment delay by the contractual partner, even from other and future deliveries/services of TFT, in case of claiming damages instead of service, TFT is entitled to enter the business premises of the contractual partner and take the reserved goods. In case of compensation after repossession, TFT and the contractual partner agree that this is done at the ordinary market value of the contract object at the time of repossession. The contractual partner bears all costs of repossession and exploitation; exploitation costs are agreed without proof at 5% of the ordinary selling value, although an increase or reduction is possible on proof by TFT or the contractual partner.

6.3 Enforcing the retention of title or the attachment of the delivery item by TFT is not considered a withdrawal from the contract if the contractual partner is a merchant.

6.4 Items delivered for testing and demonstration purposes remain the property of TFT. They may only be used by the contractual partner beyond the test and demonstration purpose based on a separate written agreement with TFT.


7. Warranty

7.1 The parties are aware and agree that, given the current state of technology, it is not possible to exclude errors under all conditions of use.

7.2 Under this premise, the claims of the contracting party will expire two years after the end of the project according to legal regulations.

7.2.1 TFT guarantees that the contractual service is described in writing in a generally accurate manner and is basically operational within this framework. However, the warranty claim only extends as far as the customer, the recipient of the service, acknowledges it. A guarantee of characteristics is only given if the respective statements have been confirmed in writing by TFT.

7.2.2 TFT cannot guarantee that the services will meet the requirements of the contracting party or that they will work together in the selection made by him.

7.2.3 Equipment provided by the customer is excluded from the warranty, especially defects or damages resulting from operational wear and tear, normal wear, improper use, operating errors, negligent behavior by the customer, operation with incorrect current or voltage, connection to unsuitable power sources, fire, lightning, explosion or network-related overvoltages, moisture of any kind, incorrect or faulty programs, software and/or processing data, and any consumables, unless the contracting party can prove that these circumstances are not the cause of the defect complained about. The warranty also lapses if the serial number, type designation or similar labels are removed or rendered illegible, and if the product is tampered with during the warranty period by anyone other than TFT or third parties authorized by TFT.

7.2.4 Warranty claims are not transferable.

7.2.5 Regardless of the above, TFT passes on any further guarantee and warranty promises made by the manufacturers to the contracting party in full, without being responsible for them itself.

7.2.6 The delivered goods or the result of the service provided must be checked immediately upon receipt. Complaints must be submitted in writing to TFT within six calendar days of receipt.

7.2.7 In the event of a warranty claim, either a repair or replacement will be chosen by TFT. The contracting party is obliged to accept a replacement delivery in exchange for the return of the defective goods. Replaced parts become the property of TFT. If TFT does not remedy defects within a reasonable period set in writing, the contracting party is entitled to either cancel the contract or request a reasonable reduction. Further claims are excluded. In particular, TFT is not liable for damages that did not occur on the delivered item itself, for lost profits or other financial losses of the contracting party.

7.2.8 In the case of repair, TFT will bear the labor costs. All other repair costs, as well as the ancillary costs associated with a delivery, especially the transport costs for the replacement part, will be borne by the contracting party, provided these additional costs are not disproportionate to the value of the product.

7.2.9 If an examination of a defect notification shows that there is no warranty case, TFT is entitled to demand reimbursement for all expenses and to invoice them.


8. Limitation of Liability

If TFT is obliged to pay compensation according to the legal provisions based on these conditions, its liability is limited as follows in case the damage was not caused negligently: TFT is only liable in the event of a breach of essential contractual obligations and is limited to the foreseeable typical damage at the time the contract was concluded. The above limitation does not apply to damages to life, body, or health. If the damage is covered by an insurance policy taken out by the contracting party, TFT is only liable for disadvantages that arise from the damage settlement with the contracting party, such as higher insurance premiums or interest disadvantages. Liability for slight negligence caused by a defect in the contractual item is excluded. TFT's liability remains unaffected, regardless of whether there is fault, in the case of malicious concealment of a defect, the assumption of a guarantee, or under the Product Liability Act. The consequences of a delivery delay are conclusively regulated in §2 of these conditions. The personal liability of TFT's managing director, Peter Thal, as well as of TFT's vicarious agents and employees for damages caused by them due to slight negligence, is excluded.


9. Commercial Protective Rights and Copyrights of Third Parties

The provision of personnel is carried out according to the written order of the respective customer. The scope of services results from the written offers as well as the service descriptions and other user instructions printed in the respective offers or available as files. This applies especially to application restrictions.


10. Breach of Duty Due to Non-Delivery or Late Delivery

If the service is not delivered by the customer on time or at all, the client does not have any claims against TFT. Instead, TFT hereby assigns its claims against the supplier for non-delivery, delivery delay, and claims and rights arising from guarantees concerning delivery or quality, even if these were provided by third parties, to the client. Not assigned are the claim for a refund of payments already made and services as well as the client's claims arising from a reversal of the delivery contract and compensation for any damage incurred by the client. The client is obliged to assert and enforce the assigned rights and claims immediately and at his own expense, also in court against his sub-supplier. As far as rights and claims have not been transferred to him, he is hereby authorized and obliged to assert them in his own name and for his own account, provided that payments from the reversal and for damages are only to be made to him. The client must inform TFT immediately and continuously about the assertion of any claims. If TFT effectively withdraws from the delivery contract due to the assigned claims or if the contract is reversed in connection with the assertion of damages instead of performance, the parties are entitled to terminate the contract. If the contract is terminated, the client must reimburse TFT for services that TFT has provided for the contract on a quid pro quo basis upon invoicing.


11. Offer Commitment

Unless specifically listed, our offers are valid for 3 months after submission. After that, we reserve the right to adjust prices if necessary.


Download PDF - T&C's Deliveries and Services

[Translate to Englisch:] Allgemeine Geschäftsbedingungen für Kran- und Transportleistungen


   1. All our crane and transport services are based on the following conditions, unless mandatory provisions contradict (e.g. CMR Convention on the Contract for the International Carriage of Goods). 

   2. For the purpose of these terms, crane services are provided in two standard service types: 

      2.1. **SERVICE TYPE 1** - Crane positioning refers to the provision of mobile lifting equipment including operating personnel to the client for carrying out work according to his instructions and disposition. 

      2.2. **SERVICE TYPE 2** - Crane work is the transportation of goods, especially lifting, moving, and relocating loads and/or persons for work purposes using mobile lifting equipment, and refers to the performance of one or more agreed lifting maneuvers by the contractor according to his instructions and disposition. 

   3. Transport service in the sense of these terms means the transportation of goods by road using motor vehicles as well as the movement or relocation of goods using special transport aids such as tank rollers, roller carts, lifting jacks, etc. 

   4. Deviating agreements or terms and conditions only apply if they have been agreed in writing in individual cases.

   5. All offers from the contractor are non-binding and require written confirmation to be effective.

   6. The contractor assumes no liability for verbal - including telephonic - notifications, promises, declarations, and other agreements. Results from site visits and special agreements, e.g., regarding loading and unloading locations, crane locations, etc., must be documented by the parties for them to be effective.

   7. Contracts that require permission or approval from the relevant authority, especially according to § 18 I 2 and § 22 II.IV and § 29 III and § 46 I No. 5 StVO as well as § 70 I StVZO, are concluded subject to the suspensive condition of timely granting of permission or approval.

   8. Fees and costs for official expenses as well as all procurement costs and costs arising from official requirements, as well as police escort fees and other costs for officially ordered safety precautions, are borne by the client unless otherwise agreed in writing.

   9. The contractor is entitled to involve other companies in fulfilling the contractually assumed obligations unless otherwise agreed in writing.

   10. The contractor is entitled to withdraw from the contract, excluding any claims for damages, if after careful examination before or during the deployment of vehicles, equipment, or working devices of any kind, significant damage to third-party and/or own property and/or assets or personal injury is to be feared. The exclusion of claims for damages does not apply if the contractor has not observed the care of a proper businessman (carrier). In the event of withdrawal, the fee for crane services will be calculated proportionally.

   11. Weather-related interruptions do not reduce the claim to remuneration unless otherwise agreed in writing. For transport services, legal provisions apply.



   1. **Section Crane Positioning** 

      12.1 If the contractor's primary service is the aforementioned provision of a mobile lifting device including operating personnel to the client for carrying out work according to his instructions and disposition, the contractor is only liable for providing a generally and especially suitable mobile lifting device that has been inspected according to relevant legal provisions and the current technical rules TÜV and UVV and is operational. The contractor is only liable for the provided personnel within the framework of the prevailing principles of so-called selection negligence. However, liability for simple negligence is excluded in any case.

      12.2. Liability for non-timely positioning is excluded, especially in the case of force majeure, strikes, road closures, and other unavoidable events whose consequences the contractor could not avert.

      12.3. In all other cases of non-timely positioning, the contractor's liability is limited to three times the rental fee.


   2. **Section Crane Work and Transport Services - Duties of the Contractor and Liability** 

      13. The contractor undertakes to properly and professionally execute all orders given to him with all means and technical possibilities available to him, observing the relevant technical rules.

      14. The contractor commits, in particular, to use generally and especially suitable transport vehicles and lifting devices that are operational, safe to operate, and inspected according to the current regulations TÜV and UVV. Furthermore, the contractor undertakes to provide generally and especially suitable operating personnel (crane operators and drivers) familiar with the operation of the transport vehicle or lifting device. The contractor also provides necessary auxiliary, instruction, and other personnel as well as the possibly required signalman at the client's expense.

      15.1 If the contractor's main service consists of crane work and/or transport service, unless these General Terms and Conditions determine something different, the legal provisions on freight business apply. The contractor's liability according to these provisions is limited to 8.33 Special Drawing Rights (SDR) per kilogram of the damaged or lost goods.

      15.2 The contractor waives the defense of the sum liability limitation according to item 15.1 for goods damage up to the amount of EUR 500,000 and for other financial losses up to the amount of EUR 125,000 per damage event. For claims for damages above these limits



**3. Final Provisions**

**Payment and Set-off**

23. Unless otherwise agreed, the services of the contractor are prepayments and are not entitled to a discount for early payment. The contractor's invoices are to be settled immediately upon receipt after the order has been completed, unless otherwise agreed upon at the time of order placement. A set-off or retention is only permissible with undisputed or legally established counterclaims.

24. The place of fulfillment and jurisdiction, even for check and bill of exchange disputes, is exclusively the location of the company's headquarters. All contracts concluded by the contractor are subject to German law. This also applies to foreign clients.

25. The liability exemptions and limitations of these general terms and conditions can also be invoked by subcontractors commissioned by the contractor and all employees involved in the execution of the order. The liability exemptions and limitations also apply to non-contractual claims.

26. Should parts of these general terms and conditions be or become invalid due to contractual or legal reasons, or if they are not applicable in individual cases, all other provisions remain unaffected; § 139 BGB (German Civil Code) is hereby waived.


Download-PDF - General Terms and Conditions for Crane and Transport Services.