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The contract is concluded in accordance with the following General Terms and Conditions of Delivery and Installation as soon as LÜRA GmbH has countersigned it in a legally binding manner or accepted it by order confirmation. The customer waives receipt of the declaration of acceptance. In the event of amendments and/or additions to the Agreement, the above shall apply accordingly. Conflicting general terms and conditions of the customer do not become part of the contract. LÜRA GmbH expressly objects to the inclusion of the customer’s general terms and conditions.
The scope of delivery and services results conclusively from the contract countersigned by LÜRA GmbH or from the order confirmation of LÜRA GmbH. Changes and additions to the scope of services must be confirmed by LÜRA GmbH in writing. Documents, offers, drawings and documentation prepared by LÜRA GmbH are usually prepared specifically for the customer. Copyrights and all rights of use arising from copyrights remain with LÜRA GmbH. The customer may not personally exploit the documents handed over to the customer as well as the ideas developed by LÜRA GmbH, nor may the documents and ideas be made directly or indirectly accessible to third parties. The documents must be returned immediately at any time upon request by LÜRA GmbH.
If a delivery time is negotiated individually, it applies. Compliance with an agreed delivery time is an indispensable substitute for all technical details of the delivery being determined in good time. In the event of force majeure events as well as other obstacles for which LÜRA GmbH is not responsible, which make delivery or service significantly more difficult, impossible or delay LÜRA GmbH, the delivery time must be postponed by the period of the hindrance plus a reasonable start-up time. If the hindrance lasts longer than 6 months, LÜRA is entitled to withdraw from the contract with regard to the part that has not yet been fulfilled after setting an appropriate grace period. LÜRA GmbH can only invoke these circumstances if the customer is notified immediately. Circumstances that justify this action are in particular strikes, lockouts, official orders, operational disruptions, delays in the delivery of essential raw materials and components. The same applies if these circumstances occur at a supplier of LÜRA GmbH. An agreed delivery deadline is met if the delivery has left the LÜRA GmbH factory within the deadline or if the customer has been notified that it is ready for shipment. LÜRA GmbH assumes no liability for a timely arrival of the delivery item, unless the late arrival is due to gross negligence or intent on the part of LÜRA. If LÜRA GmbH is responsible for the non-compliance with bindingly agreed deadlines and deadlines or if LÜRA GmbH is in default, the customer is entitled to compensation for the damage caused by the delay incurred by him, but only in the amount of 0.5% of the invoice amount of the delivery with which LÜRA GmbH is in default. With each completed week, 0.5% is forfeited, but no more than 5% of the invoice value of the deliveries and services affected by the delay. Any further claims by the customer are excluded, unless the damage incurred by the customer is due to intent or gross negligence on the part of LÜRA GmbH or its vicarious agents. LÜRA GmbH is entitled to partial deliveries or partial services at any time. If the delivery is delayed for reasons for which the customer is responsible, LÜRA GmbH may demand from the customer the costs incurred by the storage of the parts to be delivered, but at least 0.5% of the invoice amount for each week or part thereof in the case of storage ex works LÜRA GmbH, unless the customer can prove that LURA has only suffered minor damage. LÜRA GmbH is entitled to dispose of the delivery item after setting a reasonable period of time in the event of its fruitless expiry and to supply the customer with goods of the same type and quality within a reasonably extended period of time.
The place of performance is the registered office of LÜRA GmbH. The risk shall pass upon the actual acceptance of the delivery item by the customer or his vicarious agents. If the delivery item is shipped, the risk shall pass upon handover to the transport person, even if he or she is a transport person owned by LÜRA GmbH, unless LÜRA is responsible for the damage to the transported goods due to gross negligence or intent. The same applies if, in addition to the delivery, LÜRA GmbH has also assumed the obligation to assemble or set up the delivery item or other services, unless the damage during assembly and installation is due to gross negligence or intent. At the customer’s request, the delivery will be insured by LÜRA GmbH at the customer’s expense against theft, breakage, transport, fire and water damage as well as for other insurable risks.
The amount of the remuneration results from the contract concluded with the customer. The statutory value added tax is to be added to the agreed remuneration. The prices apply from the LÜRA GmbH plant, i.e. plus possible assembly and transport costs. Unless otherwise agreed, the agreed remuneration is due as follows: 1/3 of the total invoice amount upon order confirmation.1/3 upon notification of the readiness for dispatch of the main parts or upon delivery. 1/3 after invoicing. Payments must be made on time without deduction. If cost increases occur in the period between 4 months after the order confirmation has been submitted and the delivery or service has been delivered, in particular for personnel and materials, the agreed price or service shall increase appropriately in accordance with the increase. If the increase amounts to more than 10% of the originally agreed total price, LÜRA GmbH will provide detailed evidence of the cost change. There is agreement that the price is based on a wage and material share of 40% each for the delivery of equipment. In the case of pure assembly work, a wage share of 80% can be assumed. LÜRA GmbH is not obliged to accept bills of exchange from the customer. If LÜRA GmbH nevertheless accepts bills of exchange, the acceptance is made on account of performance. The exchange costs are at the expense of the customer and are to be paid by the customer immediately after the costs have been posted. Cheques are also accepted by LÜRA GmbH only on account of performance. The customer’s payment obligation is only fulfilled after the irrevocable credit has been made to the accounts of LÜRA GmbH. If LÜRA GmbH becomes aware of circumstances that call into question the creditworthiness of the customer, LÜRA GmbH is entitled to make all liabilities of the customer due immediately. Such a case exists in particular if a cheque or bill of exchange of the customer is not cashed or if the customer stops making payments. In these cases, LÜRA GmbH is also entitled to make the delivery or service dependent on advance payments or a security deposit. The same applies if the customer is in arrears with a (partial) payment for more than 3 weeks.
The customer’s right of refusal of performance and right of retention is expressly excluded if and to the extent that LURA has an interest worthy of protection in the exclusion of these rights of the customer. The customer is only entitled to offset if the counterclaims are undisputed or legally established. LÜRA GmbH and the customer agree that LÜRA GmbH may transfer the claims against the customer to third parties. All prohibitions of assignment in terms and conditions of purchase are expressly contradicted.
The warranty period is 24 months and begins with the delivery of the respective delivery item to the customer. In the event of an installation obligation on the part of LURA, the warranty period begins with the acceptance of the service by the customer. A specific form for the declaration of acceptance is not agreed. LÜRA GmbH only guarantees that the delivery item is not affected by defects that cancel or significantly reduce the value or suitability of the use required for ordinary use or according to the contract. The customer must immediately report any defects occurring during the warranty period to LÜRA GmbH in text form with all details recognizable to him. Within the scope of what is reasonable, the customer must also provide information on how to determine the fault. The warranty does not cover the elimination of defects and errors caused by normal wear and tear, external influences or operating errors. LÜRA GmbH shall provide warranty at its discretion by repairing the delivery item or replacing defective parts of the delivery item in accordance with the requirements. If parts are replaced, the replaced parts become the property of LÜRA GmbH. If parts are installed during the repair, LÜRA GmbH assumes the warranty for these parts until the expiry of the warranty period of the delivery item. A warranty claim by the customer is excluded if and to the extent that a defect that has occurred is causally related to the fact that * the customer changes the delivery item himself or has it changed by a third party, unless the customer provides full proof that the defects in question were neither wholly nor partially caused by such changes. * the customer does not report this immediately after discovering a defect. * improperly handles or overuses the delivery item or parts thereof. * the instructions on the treatment, maintenance and care of the delivery item are not followed. * the installation and operating regulations of LÜRA GmbH have not been complied with. * the lubricants prescribed and supplied by LÜRA GmbH have not been used. If a rectification of a cause of damage fails – despite two attempts by LÜRA GmbH – the customer is entitled to demand rescission of the contract or reduction of the price if the relevant defects, the rectification of which has been unsuccessful, could not have been remedied even if they had been carried out professionally and with the greatest possible care. The liability of LÜRA GmbH, regardless of the legal grounds, is limited to the invoice amount, unless the liability is based on intentional or grossly negligent conduct on the part of LÜRA GmbH or its vicarious agents. The exclusion of liability applies in particular to lost profits, savings and direct and/or indirect consequential damages. No assurances were given by LÜRA GmbH. This applies in particular to the suitability of the delivery item for the purposes envisaged by the customer.
Application-related consulting is provided by LÜRA GmbH to the best of its knowledge and on the basis of experience gained. All information and information about the suitability and application of the products are non-binding and do not exempt the customer from his own tests and tests. The customer is responsible for complying with legal and official regulations regarding the use of the products.
The packaging becomes the property of the customer with full payment. The customer must therefore ensure that they are disposed of.
Until the agreed remuneration has been paid in full and until all deliveries within the business relationship have been paid – including all ancillary claims – the delivered items remain the property of LÜRA GmbH. The risk of loss or damage shall be borne by the customer during the validity of the retention of title. The customer is not entitled to pledge the delivered goods of LÜRA GmbH to third parties or to transfer them as security. The customer must notify LÜRA GmbH immediately of any seizure by third parties. The customer is obliged to bear the costs necessary for the measures to eliminate and avert such interference, unless they are actually paid by the third party who initiated the intervention . If the customer resells the items delivered by LÜRA GmbH under retention of title before the transfer of ownership in the course of proper business transactions, the resulting claim against the third party is hereby assigned to the amount of the claim still existing in favor of LÜRA GmbH. The customer is authorized to collect this claim on behalf of LÜRA GmbH as long as he duly meets his payment obligations to LÜRA GmbH in accordance with the above provisions. However, LÜRA GmbH is entitled to notify the third party to be named upon request of the assignment of the claim and to instruct him to pay immediately. In the event of default of payment by the customer, LÜRA GmbH shall be entitled to demand the temporary surrender of the delivery items owned by LÜRA GmbH at the customer’s expense, even without exercising the withdrawal and/or setting a grace period. In this case, LÜRA GmbH can also revoke the authorisation to collect the assigned claim. The customer is not entitled to a right of retention – regardless of the legal grounds. The customer bears all costs arising from the return of the reserved goods.
LÜRA GmbH is entitled, without prejudice to the customer’s obligation to pay, to exploit the repossessed delivery items in the best possible way by direct sale after threat and setting a reasonable period of time. The proceeds remaining after deduction of costs will be offset against the customer’s debt. Any surplus is due to the customer.
If LÜRA GmbH asserts the rights arising from the retention of title, it is agreed that the customer cannot rely on the fact that the reserved property serves to maintain his trade.
LÜRA GmbH only owes assembly services if this has been expressly agreed with the customer. The customer must order assembly services separately and explicitly. Supply and assembly orders each have a separate fate. If LÜRA GmbH carries out delivery and installation together, the nullity, invalidity or withdrawal from one of the two contractual relationships does not lead to the invalidity or nullity of the other. The installation costs are based on the actual effort of LÜRA GmbH. The amount of the expenditure of LÜRA GmbH is based on the currently valid price list of LÜRA GmbH for the provision of assembly services (list prices). If LÜRA GmbH is unable to carry out the assembly services for reasons for which LÜRA GmbH is not responsible, LÜRA GmbH is entitled to charge waiting times, delays and additional journeys according to the time required on the basis of the agreed list prices. The provision of other ancillary services that are not directly assembly services will not be provided by LÜRA GmbH and will not be taken over. The customer must pay at his own expense and provide in good time. * necessary auxiliary teams, such as helpers, and, if necessary, bricklayers, fitters, crane operators and other skilled workers in sufficient numbers, including the tools required by them. * all earthwork, bedding, construction, chiseling, scaffolding, plastering, painting and other ancillary work outside the industry, including the associated (building) materials. * Operating force, including the necessary connections to the point of use, heating and general lighting. * at the assembly point for the storage of equipment, dry and lockable rooms, suitable work and recreation rooms for the assembly personnel, including sanitary facilities appropriate according to the circumstances. * Protective clothing and protective devices that are required due to special circumstances of the installation site and the provision of which cannot be expected by LÜRA GmbH.* Suitable protective measures to secure the property of the installation personnel of LÜRA GmbH on the construction site. The customer is also obliged to provide the necessary information about the location of concealed electricity, gas and water pipes or similar installations as well as the necessary static conditions before the start of the assembly work. provide information free of charge in an appropriate manner. VII of the above-mentioned contractual conditions applies to liability. The material of any kind required by LÜRA GmbH in connection with the provision of the assembly service will be invoiced separately to the customer. If cable is used during assembly, the cable is calculated according to measurements, plus a usual waste of 10% of the quantity determined after measurement. Spare parts and small materials, clamps, dowels, etc. are charged according to consumption on the basis of the list prices of LÜRA GmbH. If material has to be purchased at the assembly site, this is charged with a procurement surcharge of 10% on the basis of the actual purchase price.
Ancillary agreements, amendments or additions to this contract must be in text form. The parties agree on the application of the law of the Federal Republic of Germany. The place of jurisdiction for all disputes arising in connection with this contract is Wesel in the case of lectures with registered traders.
Should one or more provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. However, the parties already undertake today to agree on the provision that comes closest to the originally intended economic meaning of this clause instead of an invalid or unclear provision.
(version as of 06.2025) ® 2025 LÜRA GmbH
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