General Terms and Conditions (GTC)

1. Scope of Application

(1) These General Terms and Conditions (GTC) apply to all services, service assignments, repairs, optimizations, consulting services, as well as the initiation and brokerage of sales transactions (e.g. purchase or sale of used machine tools) by Wahl SVB GmbH.

(2) Deviating terms and conditions of the customer do not apply unless expressly confirmed in writing.

2. Conclusion of Contract

(1) A contract is concluded through the customer’s written confirmation of an offer, the placing of an order, or the utilization of the services.
(2) By placing an order or using the services, the customer acknowledges these GTC as binding.

3. Scope of Services

(1) The type and scope of services result from the individual order.
(2) For service, repair, and consulting assignments, Wahl SVB GmbH owes the professional execution of the agreed services, but not the guaranteed success that the machine will function fully after the assignment, unless the non-functionality is attributable to the fault of Wahl SVB GmbH.
(3) In the field of sales brokerage, Wahl SVB GmbH owes the brokerage service, not the conclusion of a contract between buyer and seller.

4. Prices and Payment Terms

4.1 General

(1) The prices agreed at the time of contract conclusion apply.
(2) In addition to the prices for labor and consulting services, the following regulations apply:

• Spare parts are charged at the procurement price plus a reasonable procurement fee.
• Travel expenses, accommodation costs, and meal expenses are charged either according to actual expenditure or according to a flat rate set by Wahl SVB GmbH.
• Wahl SVB GmbH is entitled, at its own discretion, to establish deviating payment conditions (e.g. advance payment, deposits, or partial invoices).

4.2 Tax Treatment

Customers in Germany: A payment term of 14 days from the invoice date applies. Invoices include the statutory German VAT.
Customers within the European Union (except Germany): A payment term of 30 days from the invoice date applies. Where applicable, the reverse charge mechanism applies; Wahl SVB GmbH issues the invoice net without VAT.
Customers outside the European Union: A payment term of 30 days from the invoice date applies. Services are generally exempt from VAT in Germany; the customer is obliged to bear all import duties, taxes, or fees incurred in the destination country.

4.3 Payment Default

(1) In case of payment default, Wahl SVB GmbH is entitled to charge default interest of 9 percentage points above the base interest rate (§ 288 para. 2 BGB) and a default fee of €40.
(2) Further claims for the compensation of higher damages caused by delay (e.g. collection, legal, or court costs) remain unaffected.
(3) The customer is only entitled to offset or withhold payments if their counterclaims have been legally established or are undisputed.

5. Customer Obligations to Cooperate

(1) The customer ensures that machines and work environments are prepared and accessible for the performance of the services.
(2) All technical and organizational requirements communicated to the customer before the start of the assignment must be fulfilled in a timely manner. This includes, in particular, the obligation to provide a functioning internet and network connection for the technician, including access to the relevant machine network, the IP address of the affected machines, and the IP addresses of required programs.
(3) Delays, waiting times, or additional expenses resulting from these requirements not being fulfilled or not being fulfilled in time shall be borne by the customer and will be billed separately.

6. Warranty and Liability

(1) Wahl SVB GmbH is liable for damages only in cases of intent and gross negligence. In cases of simple negligence, Wahl SVB GmbH is only liable for the breach of essential contractual obligations, and this is limited to the typical, foreseeable damage. Liability for loss of profit, production downtime, or indirect damages is excluded to the extent legally permissible.
(2) The customer’s obligation to pay remuneration remains unaffected even if the commissioned service does not lead to the successful full restoration of the machine’s functionality, provided that this is not attributable to the fault of Wahl SVB GmbH.

7. Retention of Title / Usage Rights

(1) Spare parts remain the property of Wahl SVB GmbH until full payment has been made.
(2) Consulting documents, documentation, or software adjustments may only be used for the contractually agreed purpose.

8. Applicable Law and Place of Jurisdiction

(1) German law applies; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(2) The place of jurisdiction is Koblenz.

9. Language Clause

These GTC are available in German, English, and French. In case of doubt, only the German version is authoritative.

10. Severability Clause

Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by the one that comes closest to the economic purpose of the invalid provision.