Effective: 01.01.2026
General Terms and Conditions of Tube Mill Control GmbH
Convenience translation. The German version is authoritative for legal interpretation.
1. Scope
These General Terms and Conditions apply to all contracts between Tube Mill Control GmbH, Halle (Saale), Germany, and its business customers. They apply exclusively to entrepreneurs within the meaning of German law.
2. Subject matter
The contract may cover the delivery and sale of hardware systems, the provision of software including embedded software, commissioning, training, maintenance, repairs and services. A guarantee for specific production or quality results is not assumed unless expressly agreed in writing.
3. Conclusion of contract
Offers are non-binding. A contract is concluded only by written order confirmation or actual performance.
4. Prices and payment
Prices are net amounts plus statutory VAT, customs duties, charges, travel costs and expenses where applicable. Invoices are due without deduction within 14 calendar days unless otherwise agreed in writing.
5. Delivery, transfer of risk and shipment
Delivery periods are non-binding unless expressly confirmed as binding. Risk passes to the customer upon delivery ex works (EXW Incoterms 2020). Shipment, transport and insurance are at the customer's risk and expense.
6. Retention of title
Delivered goods remain the provider's property until all claims have been paid in full.
7. Software and rights of use
The customer receives a simple, non-transferable and non-sublicensable right to use the software for the agreed purpose and place of use. Reverse engineering, decompilation or copying are prohibited to the extent permitted by law.
8. Customer cooperation
The customer must ensure that all technical, organizational and safety-related prerequisites are met. Delays or additional work caused by missing cooperation are borne by the customer.
9. Warranty
The warranty period is 12 months from transfer of risk. The provider may choose repair or replacement. Further claims, especially damages, are excluded to the extent permitted by law.
10. Liability
The provider is liable only for intent or gross negligence. In cases of simple negligence, liability is limited to essential contractual obligations and typical foreseeable damage. Mandatory statutory liability remains unaffected.
11. Service, repair and returns
Services are billed according to effort unless otherwise agreed. Returns are at the customer's cost and risk.
12. Export control
The customer is responsible for complying with all export, customs and import regulations.
13. Confidentiality
Both parties must treat all non-public information confidentially.
14. Applicable law and place of jurisdiction
German law applies, excluding the CISG. Exclusive place of jurisdiction is Halle (Saale).
15. Final provisions
If a provision is invalid, the remaining contract remains valid. Written individual agreements take precedence.
