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Over 50 years experience in sales of bakery equipment!

  • DirectionQuickborn / Germany
  • Phone+49 4106 773588

Terms and Conditions for sales and deliveries by the company Bäckerei-Technik Dieter Zeh GmbH & Co. KG

Attention: Legally binding is the German version of these terms & conditions. English translation is for convenince purposes only!

1. Order placement and extent of delivery obligations

The content of orders is always stated in detail. Supplements, amendments or side-agreements of any kind, as well as statements and assurances of agents and third parties are binding for us only if we have confirmed them in a written form. The purchaser is bound by his order. Orders become binding for us upon our written confirmation. All legal contracts will be made in the German language. Translations that are not created or confirmed by us will not be recognized. Orders consisting of several positions of equipment, which can not be considered as a single facility, will be considered and legally treated as individual contracts. The cancellation of orders is only valid if it has been confirmed by us in a written form. All documents and data to the order are only approximate, unless they are explicitly stated by us in a written form as binding. We reserve the right of ownership to all documents delivered by us. The recipient may not make it accessible to third parties, all documents are to be returned to us without delay upon request. If an order placed is to be settled via a bank financing, we are entitled to withdraw from the order if the bank rejects the financing on the basis of the information collected about the purchaser.

2. Price

All prices are valid ex-stock Quickborn. The prices shall be calculated and valid as per the day of delivery, unless fixed prices have been explicitly agreed in advance.

3. Shipping

Shipping may be be performed at our discretion by train, truck or our own vehicle at the risk of the purchaser. Transport insurance will be taken at our discretion or at request of the purchaser. Damages caused to buildings and other facilities during transportation, setting up and repair of the machines will only be only indemnified if they are recognized by our insurance.

4. Packaging

Large boxes are considered to be borrowed. They are to be returned in good condition within 30 days post-free. If not returned, charges may apply.

5. Payment

The invoice will be issued as per the delivery date of the equipment. The invoice amount is due net immediately. Discounts will only be granted if this has been explicitly agreed in advance. Orders consisting of several positions of equipment, which can not be considered as a single facility, will be calculated as individual contracts and are to be paid for independently of one another on a due date. In the event of payment delays, default charges of 3.5% will be charged via the Federal State Central Bank Landeszentralbankdiscont. Checks or bills of exchange are considered paid only when they are fully settled.

6. Retention of goods

All machines and equipment sold remain our property until payment of the purchase price has been done in full. Until paid in full the delivered goods may neither be pledged to a third party nor be re-assigned as a payment security. If the goods belonging to us are re-sold to any third-party, we may put claims against this third-party. The purchaser may only be entitled to resell the reserved goods in case if he takes over all price claims against the third party buyer. The purchaser is not entitled to make any other use of the reserved goods. At our request the purchaser shall inform us about the debtors of the assigned claims and shall notify the debtor of the assignment. We retain the right to inspect reserved equipment at any time or to have it inspected by our agents. An extended retention of ownership is herewith notified.

7. Delivery obligations

Only delivery dates that are confirmed by us are considered valid. In case of through no fault of our own delays, including delays caused in production, which we or our suppliers may be exposed to, as well as in cases of force majeure, the delivery dates will automatically be extended for the duration of these delays and their effects. We retain the right to cancel the contract if any not in advance calculable circumstances occur, which make the fulfillment of the contract obligations impossible or would represent considerable burden for our own or our suppliers businesses. We will promptly inform the purchaser of such problems if they arise. In such cases the purchaser may not claim for damages and we can not bear any liability for the purchases losses.

8. Complaints

Complaints must be submitted to us in a written form without delay, latest 8 days after delivery of the equipment. Any complaints made by telephone must be confirmed in a written form without delay and include date, time and name of the employee who accepted this complaint. The purchaser will fix damages of an appropriate extent on his own. Upon confirmation the repair costs may be invoiced to the seller at net cost price. Furthermore, §377 of the German Commercial Code (HGB) will apply to any commercial transaction.

9. Guarantee

In general, the statutory guarantee provisions according to §§ 459ff of the German Civil Code (BGB), in particular § 476a BGB and 477, will apply with the following limitations. Defects liability for used and restored machines, as defined by the laws and regulations of the respective countries in which the machines are used, is not accepted and is to be fulfilled by the purchaser. A guarantee for new machines in the EU is provided in accordance with the applicable EU legislation. This guarantee is not valid outside the EU. We are obliged and will indemnify all damages resulting from production faults or recognizable material defects free of charge, in all cases where the purchaser has raised his claim in accordance with § 8 (Complaints) and there are no unfulfilled payments left on his side. Guarantee and defects liability will not be valid and will not cover any defects resulting from improper use of the machines, use of incorrect accessories or non-observance of the operating instructions. When claiming a damage or defect of a machine, machine parts or any purchased equipment, defect items are to be sent to us post-free. For new machines - meaning machines that are built of brand new parts and which were not commercially used beyond usual test runs before - the guarantee coverage is given for 2 years. For fully restored machines - meaning machines which were completely disassembled, cleaned, tested and, where necessary, replaced by original parts of the manufacturer - the guarantee is provided in accordance with the regulations of §477 German Civil Code (BGB). For repaired machines, meaning machines inspected for defects, tested for functionality and, where necessary, defect parts have been repaired or replaced - guarantee for ½ year will be given, without coverage of transport and labor costs. For used machines - meaning machines, which were merely tested for functionality, no guarantee will be provided. Such used equipment is sold as "seen" without any guarantee.

Loss on production costs will only be assumed in contractually agreed cases.

10. Specifications & figures

Specifications of the equipment, such as dimensions or weight indications, provided on our website are not binding. Deviations are possible and permitted, because alterations and improvements to the machines can be made at any time and it is not always possible be put those changes online immediately. We will not accept any liability for any data on used machines from old manufacturers' brochures.

11. Contract withdrawal

Despite agreed due date for payment, we retain the right to require prepayment before equipment delivery in cases if the purchaser has failed to pay the agreed invoice amounts in accordance with the agreement, if he has delayed the acceptance of the goods or if his financial circumstance have got worse substantially or his payments stagnated. But also in case if - even after the contract has been signed - we receive information about low creditworthiness of the purchaser. If the purchaser fails to make a payment within 10 days after sending a request, we retain the right, at our discretion, to withdraw from any other contracts concluded with the customer and / or to claim for non-fulfillment compensation. We shall not be obliged to make any further deliveries from any other contracts in progress, before the purchaser fulfills all his payment obligations from previous invoices, including interest, if applicable.

12. Jurisdiction

These Terms and Conditions shall be governed by the laws of Germany. All disputes and claims arising for both parties will be subject to the jurisdiction of the court of Quickborn.