General Terms and Conditions (GTC)

1. Scope of Application

These GTC apply to all contracts, deliveries, and services provided by flucon fluid control GmbH to businesses both domestically and internationally. Deviating conditions shall only apply if expressly acknowledged in writing.

2. Offers, Orders, and Cancellations

Our offers are non-binding, especially in the case of fluid analyses (subject to technical feasibility) and repair services (subject to prior inspection). A contract is only formed upon our written confirmation or delivery. Custom orders can only be cancelled with a cancellation fee of at least 75%.

3. Use, Resale, and Ownership

DEMO devices may only be used for demonstration purposes; commercial use or resale is not permitted. Rented or loaned devices remain our property. Customer devices handed over for repair remain the property of the customer.

4. Delivery, Partial Deliveries, and Force Majeure

Delivery is according to DAP (Incoterms), with all import fees borne by the customer. DDP requires a separate written agreement. Partial deliveries are permitted; delivery times are non-binding. Delays of up to 3 months (6 months for custom products) are deemed contractual. In cases of force majeure, our delivery obligation is suspended for the duration of the disruption. Sending borrowed, rented, or purchased products to us is the customer's responsibility. This also applies to warranty services unless there is gross negligence on our part.

5. Prices and Payment Terms

All prices are net, plus the applicable VAT and shipping costs. Price changes may occur in the event of significant cost increases. In case of delayed payment, default interest, dunning fees, delivery suspension, and possibly debt collection will be initiated.

6. Warranty and Liability

A warranty period of 12 months applies unless explicitly agreed otherwise. Warranty is excluded in case of improper use. Liability for simple negligence is excluded; otherwise liability is limited to the value of the goods.

7. Set-Off and Assignment

Set-off or retention is only permitted for undisputed or legally established claims. The assignment of claims requires our prior consent.

8. Reference Usage

Unless objected to, customer logos may be used by us as references.

9. Data Protection

Personal data is processed in compliance with the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679). Data subjects have the right to access, rectification, erasure, restriction of processing, data portability, and objection.

10. Ombudsperson for Dispute Resolution

An ombudsperson may be involved as a neutral body to resolve conflicts. This does not affect the right to take legal action.

11. Final Provisions

German law applies, excluding the CISG. Place of jurisdiction is the location of our company headquarters. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

12. International Retention of Title

The delivered goods remain our property until all claims arising from the business relationship, including ancillary claims, have been paid in full. If the goods subject to retention of title are resold, our retention of title extends to the proceeds or to the new item created, proportionate to the invoice value of the goods subject to retention of title to the invoice value of the new item. The purchaser undertakes to take all actions required under the applicable law of the country of destination (registrations, notifications, etc.) to ensure the validity of the retention of title and to support us in asserting our rights.

13. Intellectual Property & Software License

All rights in drawings, models, software and other technical documentation remain with us or our licensors. Any PC software supplied is licensed on a non‑exclusive, non‑transferable, perpetual basis for use solely on the product delivered or devices designated for it. Decompilation, reverse engineering and transfer to third parties are prohibited except as mandatory under applicable law. The customer shall indemnify us against any third‑party claims arising from any use of the software or documentation contrary to the contract.

14. Electronic Communication

Contractual declarations, order confirmations, invoices, reminders and other notices may be validly transmitted in electronic form (in particular by e‑mail, e‑invoicing systems, e‑signatures). Electronic documents shall be deemed received when sent to the last address or platform notified by the contracting party, unless the recipient proves non‑receipt. Electronic signatures compliant with Regulation (EU) No 910/2014 (eIDAS) are recognized as equivalent to handwritten signatures.