1. General
A. All offers, sales, and deliveries are based on our general terms and conditions set out below.
B. Any conflicting terms and conditions of purchase, delivery, and payment of the buyer are hereby rejected. These shall not apply even if they are included in a letter of confirmation from the buyer following our order confirmation and we do not object to them, because our silence implies acceptance. Verbal or telephone agreements that deviate from our terms and conditions require our confirmation in writing (e.g., email) to be legally valid. The same applies to subsidiary agreements and commitments made by our representatives and employees, which only become binding for us upon receipt of our written confirmation by the buyer.
C. The contract shall also be concluded on our terms and conditions if we carry out the delivery without reservation in the knowledge of conflicting terms and conditions of the buyer.
2. Offers and conclusion of contract
A. The seller’s offers are subject to change and non-binding. The order placed by the buyer is a binding offer, which we can accept within two weeks by confirming the order or performing the service or delivery.
B. Our brochures are for informational purposes only. The information contained therein does not constitute a guarantee of specific properties and is non-binding.
3. Prices / Technical Specifications
A. Unless otherwise agreed, prices are ex Lichtenau plus the applicable statutory value added tax. For contracts with an agreed delivery time of more than four months, we reserve the right to adjust prices in line with changes in costs (e.g., energy, wages, upstream suppliers).
B. Cost estimates, drawings, technical documents, and similar items remain the property of the seller, even if they were handed over prior to an order and are still proposals for a solution to a problem. They may not be disclosed without the express permission of the seller. Internal use is only permitted within the contractual limits. Copyrights remain with the seller.
4. Shipping and transfer of risk
A. Shipping is at the expense and risk of the buyer. The risk is transferred to the buyer when the goods are handed over to the carrier (§ 447 BGB). The packaging is selected at the discretion of IfU GmbH, taking into account the nature of the goods.
B. Shipments shall only be insured against transport damage at the express request of the buyer. The premiums and expenses incurred as a result shall be borne by the buyer.
5. Delivery dates
A. Delivery dates are only binding if they have been confirmed in writing.
B. Force majeure, strikes, or inability to perform through no fault of our own (including on the part of upstream suppliers) shall extend the delivery periods by the duration of the hindrance.
C. We shall be liable for delays in delivery in accordance with the statutory provisions, provided that the delay is due to an intentional or grossly negligent breach of contract for which we are responsible. In other cases, liability shall be limited to the foreseeable damage typical for this type of contract.
D. Partial deliveries are permissible.
E. Compliance with our delivery obligation presupposes the timely and proper fulfillment of the buyer’s obligations to cooperate.
F. The delivery of services, development and research services, and software services shall be deemed to have been realized when they have been handed over or sent to the buyer in the agreed form.
6. Retention of title
A. The goods remain our property until all claims arising from the business relationship have been paid in full.
B. The buyer may only sell the goods subject to retention of title in the ordinary course of business; pledging or transfer by way of security is not permitted. The buyer hereby assigns to us all claims arising from the resale in the amount of the invoice amount.
C. We must be notified immediately of any access by third parties to the goods subject to retention of title.
D. We undertake to release securities at the buyer’s request if their value exceeds the claims to be secured by more than 20%.
7. Terms of Use for Software
A. If software (operating or application software) is included in the scope of delivery, the buyer is granted a non-exclusive, unlimited right to use the software on the devices intended for this purpose.
B. The creation of a backup copy is permitted. Any further reproduction, decompilation, or editing of the software is only permitted within the scope of the statutory provisions (§§ 69d, 69e UrhG). Any further distribution or transfer to third parties requires the prior written consent of IfU GmbH.
C. All rights to the software and the associated documentation remain with IfU GmbH or the respective software manufacturer. Copyright notices or serial numbers may not be removed or altered.
D. In the case of individual software development services (in accordance with Section 11), the agreements made in the respective individual contract or in “Appendix 1 – Special License Conditions for Developments” shall apply in addition.
8. Special license terms for software developments
A. Scope of services: The exact functional scope of the software is specified in the requirements specification or the order confirmation. Subsequent changes shall be remunerated separately.
B. Unless expressly agreed in writing, the source code shall not be disclosed. The buyer shall receive the software as an executable object program.
C. After delivery of the software, the buyer shall test it within 14 days. If no written error report is received within this period, the software shall be deemed to have been accepted.
D. The right to use custom software shall only be transferred to the buyer upon full payment of the development fee.
E. We guarantee that the software fulfills the functions described in the specifications. Any warranty for compatibility with the customer’s IT systems that were not the subject of the order is excluded.
9. Warranty for defects
A. The warranty period is 12 months from delivery of the goods. Unless expressly agreed otherwise, there is no warranty for used goods.
B. Complaints regarding obvious defects must be made in writing immediately, at the latest within 7 days of receipt of the goods (§ 377 HGB).
C. In the event of justified complaints, we shall, at our discretion, either repair the goods or deliver a replacement.
D. Claims for damages due to defects are limited to intent, gross negligence, and injury to life, limb, or health. In the event of a breach of essential contractual obligations, we shall also be liable for slight negligence, but limited to the foreseeable damage typical for this type of contract.
E. The rectification of defects or replacement delivery shall not result in new limitation periods coming into effect.
10. Export
The delivered goods are subject to German export controls and export regulations. Their export from the Federal Republic of Germany is only permitted with the consent of the Federal Office of Economics and Technology in Eschborn/Taunus. The buyer must pass on this information to its customers and thus, as far as it is within its power, ensure compliance with the regulations up to the end user. The seller points out that any violation of the regulations is punishable by law.
11. Services, expert opinions, and research
A. In principle, the same conditions apply as for the delivery of goods. The services (such as calculations, expert opinions, approval procedures, development and research services, software creation, development of electronic components, and similar) are provided in accordance with the state of the art.
B. Liability for the accuracy of expert opinions and the granting of approvals is limited to intent and gross negligence.
12. Final provisions
A. Should individual provisions be invalid, the remainder of the contract shall remain valid. The invalid clause shall be replaced by the statutory provision that comes closest to the economic purpose.
B. German law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
C. The place of performance is Lichtenau. The place of jurisdiction for all disputes is Chemnitz.
As of February 1, 2026