Terms and Conditions – Machinery Sales

§ 1 General Provisions, Scope of Application

The General Terms and Conditions of BRANDER Landtechnik Vertriebsgesellschaft mbH, represented by its Managing Director, apply to all deliveries, services, and offers of BRANDER Landtechnik Vertriebsgesellschaft mbH to business customers. The products offered in the online shop at www.brander-landtechnik.de are stated at net prices. Offers in this shop are addressed exclusively to companies. Private individuals are gladly assisted by our service staff by telephone. The business customer accepts these General Terms and Conditions upon receipt of the goods and services.

Deviating provisions shall only apply insofar as they have been expressly agreed in writing between BRANDER Landtechnik Vertriebsgesellschaft mbH and the purchaser.

§ 2 Conclusion of Contract

(1) Our offers are subject to change and non-binding.

(2) Dimensions, weights, illustrations, or other product descriptions are only binding if expressly agreed in writing.

§ 3 Payment, Due Date, Default

(1) Unless otherwise agreed, payment for the goods shall be made immediately upon delivery of the goods without any deductions. BRANDER Landtechnik Vertriebsgesellschaft mbH reserves the right to refuse checks and other non-cash means of payment. Acceptance is always made on account of payment only. Payments in foreign currency shall be credited in accordance with the bank statement. Bank charges shall be borne by the customer. The granting of any cash discount requires a corresponding agreement and the settlement of all other outstanding claims arising from the delivery of goods.

The bank details for orders from Germany and the rest of Europe are as follows:

Brander Landtechnik Vertriebsgesellschaft mbH
Account number: 3115020820
Bank code: 87052000
Bank: Sparkasse Mittelsachsen
IBAN: DE88 8705 2000 3115 0208 20
BIC: WELADED1FGX

(2) In the event of late payment, we shall charge interest at a rate of 9 percentage points above the applicable base interest rate. The assertion of further damages is not excluded.

(3) Set-off against counterclaims of the customer that have not been legally established is excluded.

§ 4 Withdrawal

(1) BRANDER Landtechnik Vertriebsgesellschaft mbH is entitled to withdraw from the contract, including with respect to any outstanding part of the delivery or service, if incorrect information regarding the buyer’s creditworthiness has been provided or if objective reasons arise indicating the buyer’s inability to pay, such as the opening of insolvency proceedings over the buyer’s assets or the rejection of such proceedings due to insufficient assets to cover costs.

(2) Events of any kind for which neither party is responsible (such as strikes, operational disruptions, transport disruptions, delivery embargoes, natural events, civil unrest, war, etc.) shall release BRANDER Landtechnik Vertriebsgesellschaft mbH from its delivery obligation for the duration of the impediment. If this force majeure situation continues uninterrupted for more than 60 days, either party may terminate the contract.

If the customer is a consumer, timely self-supply is reserved if the company is not supplied through no fault of its own. In the case of entrepreneurs or legal entities under public law, timely self-supply is generally reserved.

(3) If delivery takes place more than four months after conclusion of the contract, any increase in labor costs, material costs, or value added tax occurring after conclusion of the contract shall be passed on to the customer in the same amount. In the event of a price increase of more than five percent, the customer may withdraw from the contract.

Claims for damages due to exceeding the agreed delivery period are excluded. If the delivery period is exceeded by more than 60 days, the customer shall be entitled to withdraw from the contract.

§ 5 Delivery, Packaging, Transfer of Risk

(1) Agreed delivery periods shall be deemed to have been met if the shipment, ready for operation, has been dispatched within the agreed period or collected by the customer.

(2) If the goods are shipped to the buyer at the buyer’s request using a shipping agent not affiliated with our operations, the risk of loss and deterioration of the goods shall pass to the customer at the time the goods are handed over to the shipping agent. In the event of delivery by our internal field service, the risk of loss and deterioration shall pass to the customer upon delivery of the goods.

(3) Delivery to an entrepreneur shall be at the entrepreneur’s expense and risk. Packaging and pallets shall be charged in accordance with customary commercial practice. Pallets will only be taken back by BRANDER Landtechnik Vertriebsgesellschaft mbH if they are in faultless condition and subject to deduction of reasonable handling and wear costs.

Transport losses or damage must be reported to the carrier by the customer and confirmed before acceptance of the goods. In the case of agreed direct delivery to the customer, fulfillment of the contractual delivery obligation shall occur upon handover of the goods and confirmation of receipt by the customer’s signature on the delivery note.

(4) Goods delivered with obvious damage to the packaging or contents must be reported to the carrier/freight service. Acceptance of such goods must be refused. In addition, BRANDER Landtechnik Vertriebsgesellschaft mbH must be notified in writing without delay.

§ 6 Retention of Title

(1) The purchased item shall remain the property of Brander Landtechnik Vertriebsgesellschaft mbH until full payment has been made. In transactions with businesses, retention of title shall apply until all claims already arising from the business relationship or ancillary claims arising in close connection with the delivered goods (such as usage interest, default damages, etc.) have been settled. In the case of transactions on current account, retention of title shall also serve as security for the company’s balance claim.

(2) Prior to the transfer of ownership, pledging, transfer by way of security, processing, or modification without the express consent of BRANDER Landtechnik Vertriebsgesellschaft mbH is not permitted. If BRANDER Landtechnik Vertriebsgesellschaft mbH loses ownership of the delivered items as a result of installation or assembly, the customer grants BRANDER Landtechnik Vertriebsgesellschaft mbH, to the exclusion of Sections 947, 948, and 950 of the German Civil Code (BGB), proportional co-ownership of the combined, mixed, or processed item.

If the customer fails to meet their payment obligations, their right to use the co-owned items shall expire. BRANDER Landtechnik Vertriebsgesellschaft mbH shall be entitled to take possession of the relevant item and sell it by private sale. The proceeds shall be offset against the outstanding claim after deduction of costs, and any remaining amount shall be paid to the customer.

(3) Any processing, assembly, or other utilization of goods subject to retention of title shall be deemed to be carried out on behalf of Brander Landtechnik Vertriebsgesellschaft mbH. If the goods subject to retention of title are mixed, combined, or commingled with other goods (“third-party goods”), the customer hereby assigns their ownership or co-ownership rights in the new item to the accepting company and shall store such item for the company free of charge with due commercial care.

The customer is obliged to provide all information relating to the processing, assembly, or other utilization of goods subject to retention of title that is necessary for the enforcement of the claims of BRANDER Landtechnik Vertriebsgesellschaft mbH.

(4) If the customer resells the goods subject to retention of title, either alone or together with third-party goods, they hereby assign to BRANDER Landtechnik Vertriebsgesellschaft mbH the claims arising from such resale in the amount of the outstanding claims of BRANDER Landtechnik Vertriebsgesellschaft mbH.

(5) In the event of default in payment by the customer, the company shall be entitled, after a single reminder, to repossess the goods subject to retention of title, and the customer shall be obliged to surrender them. For this purpose, the customer grants BRANDER Landtechnik Vertriebsgesellschaft mbH the right to enter the premises, mark, or remove the delivered goods. The costs of repossession shall be borne by the customer.

§ 7 Exchange Parts

The delivery of a reconditioned exchange part requires payment and the return of the defective old part by the customer at the customer’s own expense. The consideration for the delivery of the exchange part therefore consists of the agreed monetary payment plus the fair market value of the old part.

Old parts are valued at a minimum of 10% of the gross exchange charge. If a supplier of BRANDER Landtechnik Vertriebsgesellschaft mbH assigns a different value to the respective old part, this value shall be charged to the customer. The gross exchange charge shall be deemed to be the amount that the customer would have to pay for acquiring an exchange part corresponding to the returned old part, excluding VAT but without deduction of any discount.

The value of the old part to be returned, plus VAT, shall be invoiced to the customer as a deposit for the old part. A credit note for the old-part deposit, excluding the VAT payable on the old part in accordance with R 153 UStR 2008, may only be issued if the old part to be returned is received by BRANDER Landtechnik Vertriebsgesellschaft mbH in proper condition, carriage paid, within 14 days after the exchange part has been received by the customer.

The old part to be returned shall be deemed to be in proper condition if it is of the same type as the exchange part and suitable for reconditioning.

§ 8 Returns

Unless statutory rights of withdrawal or rescission apply (e.g. withdrawal in distance selling transactions), returns require the prior written consent of the company. Only defect-free stock items may be credited upon carriage-paid return to the supplying facility and submission of the invoice, less a handling fee of at least fifteen percent of their value.

Custom-made products and goods specially procured at the customer’s request (consignment goods) are generally excluded from return.

§ 9 Workshop Services

(1) Assembly, repair services, and commissioning are not included in the prices unless otherwise expressly agreed in writing. If assembly is carried out by BRANDER Landtechnik Vertriebsgesellschaft mbH, the applicable hourly rates for assembly labor as well as travel costs will be charged.

(2) If a defect in the work performance becomes apparent within six months after acceptance and is attributable to intent or gross negligence on the part of a technician employed by BRANDER Landtechnik Vertriebsgesellschaft mbH, the customer shall be entitled to free rectification. The customer is not entitled to remedy the defect themselves.

The customer shall have the right to withdraw from the service contract if the defects in the work performance are not remedied by BRANDER Landtechnik Vertriebsgesellschaft mbH within eight weeks after the defect has been asserted in writing. Any further warranty claims or claims for damages are excluded.

For parts not manufactured by BRANDER Landtechnik Vertriebsgesellschaft mbH and for third-party services, the warranty obligation of BRANDER Landtechnik Vertriebsgesellschaft mbH is limited to the assignment of any claims to which it is entitled against the supplier due to possible defects.

Any warranty claim shall lapse if improper modifications to the subject of the work performance are carried out by the customer or third parties without prior approval from BRANDER Landtechnik Vertriebsgesellschaft mbH.

§ 10 Warranty in Purchase Contracts

(1) If the customer is an entrepreneur or a legal entity under public law, the obligation to inspect and give notice of defects shall be governed by Section 377 of the German Commercial Code (HGB).

(2) The customer grants BRANDER Landtechnik Vertriebsgesellschaft mbH the right to choose the type of subsequent performance (replacement delivery or repair) to remedy the defect. If subsequent performance fails (Section 440 sentence 2 BGB), the customer’s rights shall be determined in accordance with Section 437 nos. 2 and 3 BGB.

In the case of the sale of used movable goods to entrepreneurs or legal entities under public law, warranty claims are excluded. In the case of the sale of new movable goods to entrepreneurs, as well as the sale of used movable goods to consumers, warranty claims shall become time-barred one year after delivery. The delivery date shall correspond to the invoice date unless otherwise stated on the invoice. Section 634a (1) no. 2 BGB regarding the limitation period for warranty claims in contracts for work and services remains unaffected.

(3) If BRANDER Landtechnik Vertriebsgesellschaft mbH delivers a defect-free item for the purpose of subsequent performance, it may demand the return of the defective purchased item from the buyer.

(4) Damage caused by improper or non-contractual actions by the buyer during installation, connection, operation, or storage shall not give rise to any claims against BRANDER Landtechnik Vertriebsgesellschaft mbH. Improper or non-contractual conduct shall be determined in particular by the specifications of the manufacturer of the delivered goods.

(5) For damages other than those arising from injury to life, body, or health, BRANDER Landtechnik Vertriebsgesellschaft mbH shall only be liable insofar as such damages are based on intent or gross negligence, or on the culpable breach of a material contractual obligation by BRANDER Landtechnik Vertriebsgesellschaft mbH or its agents. Any further liability for damages is excluded.

Claims arising from a quality guarantee granted by BRANDER Landtechnik Vertriebsgesellschaft mbH and claims under the Product Liability Act remain unaffected. Further claims of the buyer for compensation for direct or indirect damages, such as costs for installation and removal of the defective goods or consequential damages to the buyer’s property, are excluded unless essential obligations of BRANDER Landtechnik Vertriebsgesellschaft mbH have been breached and this is attributable to gross fault.

§ 11 Assignment

Entrepreneurs and legal entities under public law are not permitted to assign rights arising from contractual relationships with BRANDER Landtechnik Vertriebsgesellschaft mbH to third parties without the company’s consent.

§ 12 Set-Off

The customer may only set off claims that are undisputed or have been legally established by a final court decision.

§ 13 Data Protection

Please refer to our data protection provisions on our website at www.brander-landtechnik.de under the section “Privacy Policy”. For the purpose of fulfilling the business objective, address data may be exchanged between BRANDER Landtechnik Vertriebsgesellschaft mbH and its suppliers .

§ 14 Place of Jurisdiction

The place of performance for mutual obligations in which no consumer is involved shall be the registered office of BRANDER Landtechnik Vertriebsgesellschaft mbH. All disputes arising from this legal relationship shall be governed by the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Insofar as the buyer is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction within Germany, the place of jurisdiction shall be the registered office of BRANDER Landtechnik Vertriebsgesellschaft mbH in Brand-Erbisdorf.

BRANDER Landtechnik Vertriebsgesellschaft mbH does not participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Severability Clause

Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected.

Brand-Erbisdorf, 17 November 2025