§ 1 General Provisions, Scope of Application

The General Terms and Conditions of Brander Landtechnik Vertriebsgesellschaft mbH, represented by its Managing Director, Mr. Rolf Schäfer, apply to all deliveries, services, and offers made by 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 online 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 terms 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 this has been expressly agreed in writing.

§ 3 Payment, Due Date, Default

(1) Payment for the goods must be made within 14 days of receipt of the goods. The granting of any cash discount requires a corresponding agreement as well as 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 from the Contract

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 has been provided regarding the buyer’s creditworthiness 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.

Prior to withdrawal, the buyer shall be granted the opportunity to make an advance payment or provide appropriate security.

§ 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 delivery period or collected by the customer.

(2) Claims for damages due to exceeding the agreed delivery period are excluded. In the event of delivery delays caused by force majeure, strikes, or other circumstances beyond our control, the delivery period shall be extended by the corresponding period, up to a maximum of one month. The customer will be informed accordingly. If the delivery period is exceeded by more than one month, the customer shall be entitled to withdraw from the contract.

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

§ 6 Retention of Title

The purchased item shall remain the property of Brander Landtechnik Vertriebsgesellschaft mbH until full payment has been made. Prior to the transfer of ownership, pledging, transfer by way of security, processing, or modification of the goods 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 contractor of the work or the purchaser grants Brander Landtechnik Vertriebsgesellschaft mbH, to the exclusion of the provisions of Sections 947, 948, and 950 of the German Civil Code (BGB), proportional co-ownership of the combined, mixed, or processed item.

If the contractor fails to meet its payment obligations, its right to use the items held in co-ownership shall expire. Brander Landtechnik Vertriebsgesellschaft mbH is 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 out to the contractor/purchaser.

§ 7 Exchange Parts

The delivery of a reconditioned exchange part requires payment and the return of the defective old part by the customer at their 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 will be charged to the customer. The gross exchange charge is deemed to be the amount the customer would have to pay for acquiring an exchange part corresponding to the returned old part, excluding VAT but without any discount deduction.

The value of the old part to be returned, plus VAT, will 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, can 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 of the exchange part being received by the customer.

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

§ 8 Returns

Returns are only possible if the net value of the goods is at least EUR 8 per item/packaging unit, plus statutory VAT, and if the goods are returned by the customer at their own expense after delivery, without signs of use, in undamaged and sealed original packaging, and in the original assortment.

For returns made within 21 days, we charge the return freight costs.

For returns made from the 22nd to the 49th day after delivery, we charge a restocking fee of 25% of the net value of the goods per item/packaging unit, plus statutory VAT.

No returns will be accepted from the 50th day after delivery.

The decisive date is the delivery note date. A copy of the delivery note must be enclosed with the return shipment.

Returns of special procurements, goods manufactured or cut to length at the customer’s request are excluded. Returns of opened packaging units are not possible.

The return of original spare parts is subject to the manufacturers’ General Terms and Conditions.

§ 9 Workshop Services

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.

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 fitter 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) The statutory provisions shall apply to the buyer’s rights in the event of defects in quality or title, unless otherwise stipulated below.

(2) If the purchased item is defective at the time of transfer of risk, the buyer shall be entitled, at their discretion, to demand subsequent performance in the form of either remedying the defect or delivery of a defect-free item. Brander Landtechnik Vertriebsgesellschaft mbH reserves the right to refuse the type of subsequent performance chosen by the buyer if it is impossible or involves disproportionate costs. In such a case, the buyer’s claim shall be limited to the other type of subsequent performance; the right to refuse this as well under the conditions of the first sentence 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. The obligation to exchange pursuant to Section 439 (3) of the German Civil Code (BGB) is excluded.

(4) Claims of the buyer due to defects shall become time-barred after two years; in the case of the sale of used goods, after one year.

(5) Damage caused by improper or non-contractual actions by the buyer during installation, connection, operation, or storage does 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.

(6) 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 guarantee for the quality of the purchased item 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 Transport Damage

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, you must contact us immediately by email, fax, or post.

This does not constitute a shortening of the statutory limitation periods.

§ 12 Data Protection

Please refer to our data protection provisions on our website at www.brander-landtechnik.de under the section “Privacy Policy”.

§ 13 Place of Jurisdiction

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.

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.

§ 14 Severability Clause

If any provision of these General Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected.

Brand-Erbisdorf, 17 November 2025