Our General Terms and Conditions
General terms and conditions of business
AN Umwelttechnik GmbH
Johannes-Eberlin-Straße 36
D- 91578 Leutershausen, Bavaria
Phone: 09829 28 49 818
Mail: info@an-umwelttechnik.com | Web: www.an-umwelttechnik.com
PART A: GENERAL TERMS AND CONDITIONS OF SALE (GTC)
For our deliveries to business customers
The following terms and conditions apply to all deliveries, services and products of AN Umwelttechnik GmbH to commercial and institutional customers.
- SCOPE AND BASIS
1.1 Scope
These terms and conditions of sale (T&Cs) apply exclusively to business customers (entrepreneurs, authorities, public institutions). They form the basis of all contracts between AN Umwelttechnik GmbH and the customer.
1.2 Exclusion of deviating conditions
Any differing or supplementary terms and conditions stipulated by the customer shall only apply if we agree to them in writing. Our silence shall not be deemed as consent.
1.3 Requirement of written form
All important declarations must be in writing (letter, email, fax). Verbal agreements are invalid.
1.4 Framework Agreement
These terms and conditions, in their currently valid version, also apply to similar future contracts.
- OFFER AND CONCLUSION OF CONTRACT
2.1 Offers are non-binding
Our offers, catalogs, price lists, drawings, and product descriptions are subject to change without notice and are non-binding. They do not constitute a guarantee of specific properties.
2.2 Rights to documents
All documents provided by us (drawings, plans, calculations) remain our property. Passing them on to third parties is not permitted without our written consent.
2.3 Conclusion of contract
A contract is only formed upon our written order confirmation or delivery. An order from the customer constitutes a non-binding offer to us, which we may accept within two weeks.
- PRICES AND PAYMENT
3.1 Prices and validity
All prices are ex works Leutershausen (excluding packaging and VAT), unless otherwise agreed in writing. We reserve the right to change prices for material, labor, energy, or raw material costs for deliveries made more than three months after the contract date (maximum increase of 10%).
3.2 Shipping costs
The buyer bears the costs of transport, shipping and insurance, unless otherwise agreed.
3.3 Payment terms
Payment is due net 30 days from the invoice date. Different payment terms apply only if expressly agreed upon in writing. Discounts are excluded unless agreed upon in writing.
3.4 Default interest
In case of late payment, default interest of 9 percentage points above the base interest rate will be charged (§ 288 BGB). For merchants, the provisions of § 353 HGB also apply.
3.5 Security deposit
We may at any time demand advance payment or security, especially if the customer is insolvent, defaults on payment, or if there are foreseeable risks of default.
- DELIVERY TIME AND DELAY
4.1 Binding nature of delivery dates
The stated delivery times are non-binding unless expressly confirmed in writing as binding. Standard delivery time: approximately 4–6 weeks from the date of contract conclusion.
4.2 Start of the time period
The delivery period begins after our order confirmation, but not before all technical details have been clarified, the necessary documents have been received and – if agreed – the deposit has been paid.
4.3 Compliance with the deadline
A delivery deadline is considered met if the goods have left our factory by the deadline or if we have notified the customer that the goods are ready for shipment.
4.4 Duty to provide information in case of delay
Should a delivery delay be foreseeable, we will inform the customer immediately with a new delivery date.
4.5 Delivery delay and contractual penalty
In the event of a justified delay in delivery, the customer may demand a contractual penalty:
- 0.5% of the net price per completed week of delay
- Maximum 5% of the goods delivered late
This penalty is payable regardless of our fault. The customer may assert further legal claims in addition to this penalty. We can prove that the actual damage incurred was less.
4.6 Force Majeure
Unforeseeable events (war, natural disasters, pandemics, strikes, raw material shortages, permit delays, import/export licenses) extend the delivery period by the duration of the event. If the impediment lasts longer than 3 months, both parties may withdraw from the contract without liability for damages.
4.7 Reservation of self-supply
Our delivery obligation is contingent upon timely delivery by our suppliers. In the event of a failure to deliver, we will not be considered in default and may withdraw from the contract in whole or in part.
4.8 Partial deliveries
Partial deliveries are permitted. Invoices can be issued in installments.
- TRANSFER OF RISK AND SHIPPING
5.1 Transfer of Risk
The risk of accidental loss or damage passes to the buyer upon handover to the carrier during shipment. In the case of collection, the risk passes upon handover.
5.2 Default of acceptance
If shipment or collection is delayed by the buyer, the risk passes to them. We may charge storage fees and compensation for damages (flat rate: EUR [enter] per day).
- RETENTION OF OWNERSHIP
6.1 Ownership until full payment
We retain ownership of delivered goods until all claims (including future claims arising from the business relationship) have been paid in full.
6.2 Due diligence and insurance
The buyer must handle the goods with care and insure them against theft, breakage, fire, and water damage for their replacement value. The insurance policy must be presented upon request.
6.3 Resale
The buyer may resell the goods in the ordinary course of business. In doing so, he assigns to us all claims arising from the resale up to the amount of the purchase price (assignment).
6.4 Processing
During processing, co-ownership arises in proportion to the invoice values.
- DEFECTS AND WARRANTY
7.1 Statutory Warranty
The statutory provisions apply to defects. Manufacturer warranties remain unaffected.
7.2 What is a defect?
Defects include: defects in quality, incorrect/short delivery, defective assembly, lack of conformity to standards (DIN, ISO, CE marking).
7.3 Duty to investigate and report
The buyer must inspect the goods immediately upon arrival:
- Obvious defects: Report within 10 working days
- Defects that are not immediately apparent must be reported within 10 days of discovery.
Failure to comply will result in the exclusion of any warranty claims.
7.4 Remedial action (our choice)
In case of defects, we can choose between repair or replacement. The customer must provide us with the goods and the time required. We will bear the costs for justified repairs. The customer must pay for unjustified claims.
7.5 Withdrawal and Reduction
After an unsuccessful grace period, the buyer may withdraw from the contract or reduce the price (not in the case of insignificant defects).
7.6 Exclusion of known defects
We are not liable for defects that the customer knew about or negligently overlooked.
7.7 Statute of limitations
- Movable items: 12 months from delivery
- Building materials/components: 5 years from delivery
- LIABILITY
8.1 Full liability in the event of:
- Intentional or grossly negligent conduct
- Fraudulent concealment of defects
- Physical, life-threatening or health-related damage
- Product Liability Act
8.2 Limited liability in cases of simple negligence:
We are only liable for damages resulting from injury to life, body, or health, or from the breach of essential contractual obligations. Compensation is limited to foreseeable, typical damages.
8.3 Disclaimer:
In all other cases of simple negligence, our liability is excluded.
- DATA PROTECTION AND CUSTOMER SERVICE
9.1 Data protection
Personal data is processed in accordance with the GDPR. Details: Privacy policy at www.an-umwelttechnik.de/datenschutz
9.2 Contact and Support
Questions about these terms and conditions or complaints:
- Email: [enter]
- Phone: [eintragen]
- Adresse: Johannes-Eberlin-Straße 36, D-91578 Leutershausen
- JURISDICTION AND LAW
10.1 Applicable Law
The laws of the Federal Republic of Germany apply. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
10.2 Place of jurisdiction
The place of jurisdiction is Leutershausen, Bavaria. We are also entitled to bring legal action at the customer's place of business.
- SEVERABILITY CLAUSE
Should any clause be invalid, the remaining clauses shall remain valid. Invalid clauses will be replaced by similarly effective ones.
PART B: GENERAL TERMS AND CONDITIONS OF PURCHASE (GTC)
For our orders from suppliers
These terms and conditions govern all purchases and orders made by AN Umwelttechnik GmbH from suppliers.
- SCOPE
1.1 Anwendungsbereich
These General Terms and Conditions of Purchase (GTC) apply to all orders and contracts placed by AN Umwelttechnik GmbH with suppliers (entrepreneurs, manufacturers, wholesalers).
1.2 Business customers only
These General Terms and Conditions apply only to businesses, not to consumers.
1.3 Our General Terms and Conditions of Purchase apply exclusively
Any differing terms and conditions of the supplier do not apply, even if they refer to their own terms and conditions and we do not object. In B2B transactions, silence is considered acceptance of our terms and conditions (legally recognized).
1.4 Written form
All important declarations must be in writing (letter, email, fax).
- ORDERING AND CONCLUSION OF CONTRACT
2.1 Written orders only
Only written orders are binding. Verbal agreements must be confirmed in writing.
2.2 Order confirmation required
The supplier must confirm each order in writing within 14 days. Failure to confirm is entitled to cancel the order. The supplier then has no recourse.
2.3 Offers are non-binding
Supplier offers are non-binding. All documents (drawings, plans) remain the property of the supplier. Disclosure requires consent.
- PRICES AND PAYMENT
3.1 Fixed prices
The price in our order is binding. DDP Leutershausen (Incoterms 2020) – all costs included.
3.2 Payment terms
Payment options:
- 14 days with a 3% discount, or
- 30 days net
The payment period begins after complete delivery and verified invoice, not before agreed delivery dates.
- PACKAGING AND TRANSPORT
4.1 Standard packaging
Goods must be packaged in standard commercial packaging. We can arrange for special packaging.
4.2 Transport regulations
All transport regulations (of the freight forwarder, carrier) must be observed.
4.3 Packaging return
We can return packaging. The supplier bears the return shipping costs. If reusable packaging is returned, we will refund the full value; otherwise, 1/3 of the packaging value.
- DELIVERY TIMES AND DELAYS
5.1 Delivery dates are binding.
All delivery dates are binding. Decisive criterion: receipt at AN Umwelttechnik Leutershausen.
5.2 Acceptance dates are binding.
Agreed acceptance dates are also binding. Confirmation by our authorized representative (in writing).
5.3 Reporting obligation in case of delay
Should the supplier be unable to meet the delays, he must immediately report in writing: reasons and new delivery deadline.
5.4 No partial delays without consent
Early delivery, partial delivery and over-delivery are only permitted with our written consent.
5.5 Penalty clause for late delivery
In the event of a justified delay in delivery, the supplier shall pay a contractual penalty:
- 1.0% of the order value per week
- Maximum 5% of the order value
The penalty is automatically imposed, regardless of fault. All other legal rights remain unaffected. The supplier can prove that we suffered less or no damage.
5.6 Accompanying documents
Each delivery must include a delivery note with: Customer (AN Umwelttechnik), order number, item number, delivery quantity, carrier.
5.7 Force Majeure
Unforeseen events (strikes, natural disasters, raw material shortages, pandemics) will extend the delivery time. The supplier must notify the supplier of the start and end dates.
- TRANSFER OF RISK
6.1 DDP (Supplier bears all costs)
Transfer of risk according to DDP at the receiving depot Leutershausen (Incoterms 2020). The supplier bears all costs and risks until arrival.
6.2 In case of agreed acceptance
The risk only passes when our authorized representative confirms acceptance in writing.
- QUALITY AND WARRANTY
7.1 Quality Commitment
The supplier guarantees:
- Quality: Free from material and legal defects
- Standards compliance: DIN, EN/ISO, VDE, CE marking, ATEX (depending on the product)
- State of the art: Recognized manufacturing standards
- Laws: Compliance with all safety and accident prevention regulations
In case of discrepancies in standards: the German version is binding.
7.2 Initial examination
Upon arrival, we check: identity, missing items, obvious defects, and transport damage. No more comprehensive inspection is carried out.
7.3 Notice of Defects
We will notify the supplier of any defects immediately. The supplier waives the right to object to late notification.
7.4 Remedial action (our choice)
In case of defects, we can demand repair or replacement. In urgent cases, we may repair or replace ourselves – the supplier will bear the costs.
7.5 Statute of limitations
Claims for defects expire 36 months after delivery (or acceptance, if agreed).
7.6 Statute of limitations for subsequent performance
If the product is repaired/replaced after our complaint, the limitation period for this defect begins anew (except in the case of goodwill services).
- INTELLECTUAL PROPERTY RIGHTS AND INDEMNIFICATION
8.1 No patent infringements
The supplier guarantees that the goods do not infringe any patents, trademark rights or trade secrets of third parties (including in the country of use).
8.2 Exemption
The supplier must indemnify us against claims by third parties (upon written request).
8.3 Exception: Own drawings
The supplier is not liable if he works exclusively according to our drawings and could not have known that this infringes our rights.
- PRODUCT LIABILITY AND INSURANCE
9.1 Indemnification
In the event of product liability claims (from customers/third parties), the supplier must indemnify us upon written request, provided the defect lies in his goods.
9.2 Burden of proof
If the fault lies with the supplier, proof of causation is sufficient. Otherwise, the supplier bears the burden of proof.
9.3 Cost coverage
The supplier pays costs for recalls, legal action and consequential damages (according to his share of fault).
9.4 Compulsory insurance
The supplier must obtain adequate insurance and provide us with proof of insurance upon request.
- CONFIDENTIALITY AND TRADE SECRETS
10.1 Duty of confidentiality
The supplier will keep all confidential information (drawings, plans, samples, order data) secret and will not disclose it to third parties. Our company name may not be used for advertising purposes (without consent).
10.2 Returns
All documents must be returned free of charge when no longer needed. Use for personal gain is prohibited.
10.3 Contractual penalty for breach of confidentiality
In case of breaches: contractual penalty = 20% of the order value. In case of serious breaches (e.g., disclosure to competitors), we reserve the right to terminate the contract immediately and reclaim any payments already made.
- TOOLS AND SUPPLIES
11.1 Ownership of tools
Tools/production equipment that we pay for become our property. The supplier manages them on loan for us.
11.2 Return and Labeling
Tools must be stored separately and marked as our property (including in books). They must be returned after the business relationship ends.
11.3 Insurance and Protection
The supplier insures the tools against loss/damage. Personal use and transfer are prohibited.
11.4 No replicas
Products manufactured with our tools may not be used by the supplier himself or offered to third parties.
11.5 Our contributions
Materials/parts that we supply remain our property. They may only be used for our order.
11.6 Processing
The supplier acquires no rights to the products during processing. We acquire co-ownership upon mixing with other materials.
- CRAFTSMANSHIP IN THE FACTORY
12.1 Rules for supplier employees
Anyone working for the supplier at our plant must comply with: house rules, accident prevention regulations, safety rules.
12.2 Liability for damages
The supplier is liable for all damages caused by its employees (intentionally or negligently).
12.3 Document working hours
Working hours and materials must be confirmed in writing by our representative daily.
- LAW AND JURISDICTION
13.1 German Law
German law (BGB) applies. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
13.2 Place of jurisdiction: Leutershausen
All legal disputes will be heard at the Leutershausen District Court or Regional Court. We are also permitted to file suit at the supplier's place of business.
13.3 Places of performance
- Payment: Our business address Leutershausen
- Delivery: Receiving plant specified by us
- SEVERABILITY CLAUSE
Should any clause be invalid, the remainder shall remain valid. Invalid clauses will be replaced by similarly effective ones.
FINAL PROVISIONS
As of January 2026
Scope: These terms and conditions apply to all future business relationships, unless otherwise agreed in writing.
Questions and complaints:
AN Umwelttechnik GmbH
Johannes-Eberlin-Straße 36
D-91578 Leutershausen, Bayern
Germany
Phone: [eintragen]
E-Mail: [eintragen]
Web: www.an-umwelttechnik.com
Legal notice
This document was drafted in accordance with applicable German law (German Civil Code, German Commercial Code, German Act on Standard Contract Terms). We recommend seeking legal advice for your specific situation. These terms and conditions do not replace individual legal advice and are not tailored to special cases.
Data protection
Information on the processing of personal data can be found in our privacy policy.
Last updated: January 2026
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