General Terms and Conditions (GTC)

Holzner Druckbehälter GmbH
As of: June 1, 2026

(1) These General Terms and Conditions (GTC) apply to all deliveries, services, installations, work services, repairs, service assignments, and offers of Holzner Druckbehälter GmbH (hereinafter “HOLZNER”).
(2) These GTC apply exclusively to entrepreneurs within the meaning of Section 14 BGB (German Civil Code), legal entities under public law, and special funds under public law.
(3) Conflicting terms and conditions of the client or terms and conditions deviating from these GTC are not recognized unless HOLZNER has expressly agreed to their validity in text form.
(4) These GTC also apply to all future business relationships with the same client without the need for renewed reference to them.

(1) Offers from HOLZNER are non-binding and subject to change.
(2) Technical documents, drawings, calculations, weight specifications, performance data, illustrations, and product descriptions serve exclusively to describe the service and do not constitute guaranteed quality features unless expressly agreed otherwise.
(3) A contract is only concluded upon written order confirmation or by execution of the order.
(4) Amendments and additions to the contract require at least text form.

(1) The scope of services is determined by the order confirmation and the technical specifications contained therein.
(2) Constructive changes, technical improvements, or adjustments due to legal, official, or technical requirements are reserved, provided they are reasonable for the client.
(3) Subsequent requests for changes by the client require a separate agreement and may affect prices, delivery times, and the scope of services.

(1) All prices are net plus the applicable statutory value-added tax.
(2) Unless otherwise agreed, prices are ex works (EXW according to Incoterms® in their currently valid version).
(3) Packaging, transport, insurance, customs, disposal, and other ancillary costs will be charged separately.
(4) If material, energy, labor, transport, or procurement costs significantly increase or decrease after the conclusion of the contract, HOLZNER is entitled to adjust the agreed price appropriately. This applies in particular to delivery times of more than four months between contract conclusion and delivery.

(1) Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed.
(2) For projects with a longer production or execution period, HOLZNER is entitled to demand reasonable advance payments corresponding to the progress of the service.
(3) In case of default in payment, the statutory default interest rates apply. The right to claim further damages due to default remains reserved.
(4) Offsetting or exercising a right of retention is only permissible with undisputed or legally established claims.
(5) If circumstances become known after the conclusion of the contract that significantly impair the client’s creditworthiness, HOLZNER is entitled to perform further services only against advance payment or security.

(1) Delivery dates are only considered binding if they have been expressly agreed as binding.
(2) Delivery periods only begin after all technical and commercial requirements have been fully clarified and after receipt of agreed advance payments and necessary documents from the client.
(3) HOLZNER is entitled to reasonable partial deliveries.
(4) Delivery periods shall be extended appropriately in cases of force majeure, strike or lockout, raw material shortages, energy shortages, official measures, pandemics or epidemics, cyberattacks, delivery disruptions by sub-suppliers, traffic or transport disruptions, and other unforeseeable events beyond HOLZNER’s control.
(5) If such events last longer than three months, both contracting parties are entitled to withdraw from the unfulfilled part of the contract.

(1) If installation services are agreed, the client must prepare the construction site in a timely and professional manner.
(2) The client must ensure, in particular:
• free access to the construction site,
• adequate power, water, and media supply,
• suitable lifting and transport equipment,
• compliance with occupational safety and health regulations,
• safe working conditions,
• necessary permits and approvals.
(3) Delays, waiting times, or hindrances for which the client is responsible will be charged according to actual expenditure.

(1) The risk of accidental loss or accidental deterioration of the goods passes to the client upon provision for collection or upon handover to the carrier.
(2) This also applies to partial deliveries and even if HOLZNER has undertaken further services, in particular transport or installation.

(1) If work services are owed, the client must accept the service immediately after completion.
(2) Acceptance is deemed to have occurred if:
• the service is put into use or
• no significant defects are reported in writing within ten working days after the request for acceptance.
(3) Insignificant defects do not entitle the client to refuse acceptance.

(1) The delivered goods remain the property of HOLZNER until full payment of all current and future claims arising from the business relationship.
(2) The client is obliged to treat the reserved goods with care and to insure them against loss, theft, and damage at their own expense.
(3) Pledging or transfer of ownership by way of security of the reserved goods is not permitted.
(4) In the event of third-party access, the client must inform HOLZNER immediately in writing.
(5) The client is entitled to resell the reserved goods in the ordinary course of business. The claims arising therefrom are hereby assigned by the client to HOLZNER up to the invoice value of the reserved goods. HOLZNER accepts this assignment.
(6) In the event of breach of contract by the client, in particular default in payment, HOLZNER is entitled to take back the reserved goods after setting a prior deadline. The assertion of further claims remains unaffected.

(1) The client must inspect the delivered goods immediately upon receipt.
(2) Obvious defects must be reported in writing within ten working days of delivery.
(3) Hidden defects must be reported in writing immediately after their discovery.
(4) In the case of justified defects, HOLZNER will, at its discretion, rectify the defect or provide a replacement delivery.
(5) If subsequent performance finally fails, the client may reduce the purchase price or withdraw from the contract.

(1) HOLZNER is fully liable for intent, gross negligence, injury to life, body or health, and claims under the Product Liability Act.
(2) In cases of slight negligence, HOLZNER is only liable for the breach of essential contractual obligations.
(3) In these cases, liability is limited to the foreseeable damage typical for the contract.
(4) Liability for lost profits, production losses, business interruptions, indirect damages, and consequential damages is excluded to the extent legally permissible.

(1) Claims for material defects and defects of title become time-barred within one year from the transfer of risk.
(2) Statutory limitation periods remain unaffected, in particular for buildings, fraudulently concealed defects, product liability claims, and personal injury.

(1) All drawings, calculations, manufacturing documents, models, specifications, CAD data, welding documentation, and other technical and commercial documents remain the property of Holzner Druckbehälter GmbH.
(2) All copyrights, rights of use, and exploitation rights remain with HOLZNER.
(3) These documents may not be reproduced, published, or made accessible to third parties without prior written consent.
(4) Use for purposes other than the execution of the respective contract is not permitted.
(5) Technical documents, drawings, calculations, offers, or other confidential information may not be passed on to third parties or entered into unapproved IT or AI systems without HOLZNER’s prior written consent.
(6) Upon HOLZNER’s request, all documents, data carriers, and copies must be returned immediately or demonstrably destroyed.

(1) Personal data is processed in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
(2) Further information on data processing can be found in the current data protection notices of Holzner Druckbehälter GmbH.

(1) Both contracting parties undertake to treat all technical, commercial, and operational information that becomes known within the scope of the business relationship as confidential.
(2) The obligation of confidentiality continues even after the termination of the contractual relationship.
(3) Statutory disclosure obligations remain unaffected by this.
(4) The client must take appropriate technical and organizational measures to protect confidential information from loss, manipulation, unauthorized access, and cyberattacks.

(1) The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, as far as legally permissible, Weilheim i. OB.
(3) HOLZNER remains entitled to file a lawsuit also at the general place of jurisdiction of the client.

Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the relevant statutory provision.