burster Terms & Conditions
Terms of sale and delivery
1 General
1.1 The following terms and conditions of sale and delivery apply to this contract as well as to all future business relations. Deviations from these terms and conditions must be confirmed in writing and shall not become part of the contract either by our silence or by our delivery.
1.2 We hereby expressly object to all terms and conditions of the customer.
1.3 In accordance with Regulations (EC) No. 765/2006 and (EU) No. 833/2014 of the European Union and its institutions, the contract prohibits the re-export to and use of our products in Belarus and Russia.
2 Offers, documents and industrial property rights
2.1 Our offers are non-binding, with a binding period according to the date of issue. The offers submitted by us are of a confidential nature and are not intended for third parties, unless expressly authorised by us.
2.2 Unless expressly declared as binding in the offer, the approximate values customary in the industry shall apply to all technical data, material specifications and so on. Notifications in the event of changes will only be made if a quality guarantee is affected.
2.3 The information contained in catalogues, brochures and other written documents as well as on data carriers must be examined by the customer for suitability for the planned application before acceptance and use. This also applies to the selection of suitable materials. The customer must inform himself about the possible uses of the product.
2.4 We are not obliged to check the correctness and/or legal conformity of the customer's specifications and/or requirements; the customer alone assumes responsibility for this information.
2.5 Drawings, drafts and contributions to discussions which are drafted within the framework of consultancy services provided in the course of contract negotiations are non-binding. The customer may not assert claims of any kind against us based on such documents or mechanics, unless we have acted wilfully or with gross negligence.
3 Order
3.1 Orders shall not be deemed to have been accepted until they have been confirmed by us in writing. The text of the order confirmation shall be decisive for the content of the contract thus concluded and the type and content of the order. The customer is obliged to check these in all parts and to notify us immediately in writing of any deviations.
4 Delivery time and scope
4.1 Delivery dates will of course be adapted to the customer's wishes as far as possible. Compliance with the delivery time also presupposes compliance with the customer's obligations, in particular any payment obligations.
4.2 We accept no liability for delays in delivery due to force majeure and similar unforeseeable events for which we are not responsible, such as refusal of official approvals, labour disputes, special circumstances at suppliers, etc. Delivery periods shall be extended by the period of the hindrance.
4.3 We shall only be liable in cases of non-compliance with the delivery contract or delayed delivery, even after expiry of a deadline set for us, in the event of intent, gross negligence or breach of material contractual obligations. This provision does not imply a change in the burden of proof to the detriment of the customer.
4.4 The right of the customer to withdraw from the contract after the fruitless expiry of a reasonable deadline set for us remains unaffected. The cancellation can only be made in writing.
4.5 Partial deliveries are permissible, insofar as reasonable for the customer.
5 Place of delivery, transfer of risk, packaging
5.1 Freight and packaging costs shall be incurred for deliveries within Germany and shipments abroad. Please refer to our active offers and order confirmations for the amount of these costs. In all cases, however, the risk is transferred to the buyer when the goods are dispatched.
5.2 At the buyer's request and expense, the consignment will be insured by us against breakage, transport and fire damage and dispatched in accordance with the buyer's instructions.
5.3 We supply packaging labelled RESY in accordance with the packaging regulations.
6 Prices
6.1 The prices stated in the order confirmation are binding. However, prices of goods not yet delivered may be changed if significant circumstances, such as changes in customs rates, taxes, currency crises or other drastic measures, make delivery at the original price unreasonable.
6.2 The minimum order value is € 195. If the order value is less than € 195,- we will charge a flat rate.
7 Terms of payment DE
7.1 Payment is valid within 30 days of the invoice date without any deductions for products in our standard delivery programme. After expiry of the payment period, we reserve the right to charge reminder costs and interest on arrears. We do not accept foreign bank charges. In individual cases, we reserve the right to carry out a credit check and possibly change the terms of payment.
8 Liability for material defects
8.1 The buyer must notify us of obvious defects within two weeks of delivery. This does not affect a shorter inspection obligation in accordance with § 377 HGB.
8.2 Defects notified to us within 24 months of the transfer of risk shall be rectified or replaced at our discretion, which we shall be entitled to do even after repeated unsuccessful rectification. We shall be granted reasonable time and opportunity to do so. If the subsequent fulfilment fails, the customer shall be entitled to withdraw from the contract or to reduce the purchase price accordingly; further claims shall remain unaffected.
8.3 For defects that could have been detected by the customer with reasonable effort prior to installation or processing, all claims arising from liability for material defects shall lapse as soon as the product has been processed or installed.
8.4 We do not assume any warranty for a specific durability of the products, in particular under difficult and previously unknown operating conditions. Claims for premature destruction are excluded.
8.5 The original warranty periods are neither suspended nor interrupted by the repair of the delivered goods
8.6 For products that have been manufactured according to the customer's drawings or specifications, we shall only accept liability for material defects if they are manufactured in accordance with the specifications.
8.7 The liability for material defects does not apply to natural wear and tear, wearing parts or to damage caused after the transfer of risk as a result of incorrect or negligent handling or use not in accordance with the specifications or contract.
8.8 Liability for material defects that do not or only insignificantly impair the value or usability is also excluded.
9 Return of goods
9.1 Goods will only be accepted for return with the prior authorisation of burster.
9.2 Returned goods not authorised by burster will be sent back to the sender carriage forward.
9.3 Customised products are generally excluded from returns.
9.4 Administrative expenses for incoming goods inspection and other handling will be invoiced with a processing fee.
9.5 Transport costs for returned goods must always be borne by the sender.
9.6 burster präzisionsmesstechnik gmbh & co kg offers the possibility of taking back and disposing of old devices for the products it sells. You can find information on processing at www.burster.de
10 Liability
10.1 Claims for damages and reimbursement of expenses on the part of the customer, irrespective of the legal grounds, including those arising from unauthorised action or for compensation for damage caused by defects or consequential damage caused by defects, due to culpable breach of secondary contractual obligations or for loss of profit, are excluded.
10.2 In the event of intent or gross negligence, irrespective of the legal grounds, we shall be liable in accordance with the statutory provisions. We shall not be liable for slight negligence.
10.3 If we culpably breach a cardinal obligation or a material contractual obligation, liability shall be limited to compensation for typically occurring damage.
10.4 Liability is not excluded insofar as liability insurance exists and provides compensation. Claims based on the provisions of the Product Liability Act also remain unaffected.
10.5 The statutory regulations on the burden of proof remain unaffected.
11 Retention of title
11.1 The delivered goods shall remain our property until final payment has been made. In the event of treatment or processing, the purchaser may only resell them in the ordinary course of business. The customer is not authorised to dispose of the goods in any other way, e.g. pledging, transfer by way of security, etc.
11.2 If the goods delivered by us are processed with other objects, the purchaser hereby assigns to us his right of ownership or co-ownership as well as the claims resulting from the processing to third parties. The retention of title shall not be affected by instalments paid by third parties, in particular by payment of promissory notes. The buyer shall be liable for the loss and deterioration of the delivered goods despite our retention of title.
12 Repairs
12.1 Repairs are carried out without warranty if no defect report is available.
12.2 In the event of defective repairs, obvious defects must be reported within two weeks. Complaints about hidden defects that should have been rectified according to our repair report must be made within the statutory warranty period, in this case 12 months.
13 Place of jurisdiction
13.1 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (UNCITRAL Sales Convention). The contract language is German.
13.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be 76593 Gernsbach.
14 General clause
14.1 The invalidity of individual provisions of these GTC shall have no influence on the validity of the other paragraphs. Should a provision be or become invalid, the contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic and legal purpose of the invalid provision.
Status 2025-04
burster präzisionsmesstechnik gmbh & co kg
Talstrasse 1-5
76593 Gernsbach
GERMANY
Phone: (+49) 07224-6450
Fax: (+49) 07224-645-88
