General Terms and Conditions

Customer Service Terms

The customer service terms become effective upon authorization to commence work.

1. Duties of the Service Technicians
The service technician shall perform the tasks assigned to them. Overtime worked within the legally permissible scope will be charged with surcharges. The applicable surcharges can be found in the price list.

2. Authority of the Service Technicians
The service technician is not authorized to make legally binding declarations or to accept payments.

3. Customer Assistance
The customer’s assistance shall ensure that service work can begin immediately upon the service technician’s arrival. Any required tools or aids must be provided by the customer. Such assistance shall be at the customer’s expense.

4. Service Prices
The currently valid prices can be found in our price list “Billing Rates for Service Technicians.”

5. Warranty
BCS-Maschinenbau GmbH shall remedy defective work free of charge within 12 months after acceptance. The obligation to remedy defects shall lapse if the customer does not notify us immediately. If the customer carries out remedial work without our approval, the right to subsequent improvement by BCS-Service GmbH shall cease.

6. Acceptance
Service work shall be deemed properly completed once the customer has signed the service report.

7. Incidental Costs
If a service technician visits several customers during one trip, accommodation costs, travel kilometers, travel time, and expenses shall be charged proportionally. Costs for public transportation shall be passed on to the customer without surcharge.

Supplementary General Terms and Conditions

Only our delivery and payment terms shall apply. By placing an order, the customer agrees to these terms, which shall also apply to all future business transactions, even if not expressly referred to, provided they were made available to the customer with a confirmed order.
If an order is placed under conditions deviating from our delivery and payment terms, our delivery and payment terms shall still apply, even if we do not expressly object. Deviations shall only be valid if expressly acknowledged by us in writing.

The contractual relationship shall be governed exclusively by German law, in particular the German Civil Code (BGB) and the German Commercial Code (HGB).

The place of jurisdiction shall, at our discretion, be the registered office of the company or Frankfurt am Main.

If the buyer is in default with any payment obligations, all outstanding claims shall become immediately due.

Set-off by the buyer against counterclaims shall be excluded unless such counterclaims are undisputed or have been legally established. The assertion of a right of retention by the buyer shall be excluded unless it is based on the same contractual relationship or the counterclaims are undisputed or legally established.

Retention of Title

  1. The goods shall remain the property of the seller until all claims (including all balance claims from current accounts) to which the seller is entitled against the buyer for any legal reason, now or in the future, have been fulfilled. Processing or transformation shall always be carried out for the seller as manufacturer, but without obligation on the seller’s part. If the seller’s ownership expires due to combination, it is hereby agreed that the buyer’s ownership of the combined item shall pass to the seller proportionally to its value. The buyer shall store the seller’s property free of charge. Goods subject to retention of title shall hereinafter be referred to as “retained goods.”

  2. The buyer shall be entitled to process and sell the retained goods in the ordinary course of business, provided they are not in default. Pledging or transfer by way of security is not permitted. Claims arising from resale or any other legal grounds relating to the retained goods shall be assigned in full by the buyer to the seller as security. The seller revocably authorizes the buyer to collect the assigned claims in their own name for the seller’s account. This authorization may only be revoked if the buyer fails to properly meet their payment obligations.

  3. In the event of third-party access to the retained goods, in particular seizures, the buyer shall inform the third party of the seller’s ownership and notify the seller immediately so that the seller may enforce their ownership rights. If the third party is unable to reimburse the seller for the judicial or extrajudicial costs incurred in this connection, the buyer shall be liable for such costs.

  4. In the event of breach of contract by the buyer, in particular default of payment, the seller shall be entitled to withdraw from the contract and demand the return of the retained goods.

  5. Withdrawal from the contract shall not be required to assert rights arising from retention of title, unless the debtor is a consumer.