Terms & Conditions

§ 1 – Scope of Application

These General Terms and Conditions (Terms of Sale and Delivery) shall form an integral part of all deliveries and services provided by POWERTECH International GmbH within the scope of purchase, work, and contract for work and materials agreements.We do not recognize any terms and conditions of the purchaser that conflict with or deviate from our General Terms and Conditions (Terms of Sale and Delivery); such terms are hereby expressly rejected.A renewed objection after receipt of the order is not required.
These Terms of Sale and Delivery shall also apply to all future transactions with the purchaser insofar as they concern related legal transactions.They shall apply regardless of whether the goods are manufactured by us or procured from upstream suppliers.
Our General Terms and Conditions (Terms of Sale and Delivery) shall be deemed accepted upon placement of the order or receipt of our order confirmation, at the latest upon acceptance of our delivery.

§ 2 – Offer and Conclusion of Contract

All prices stated by us in cost estimates (our “offers”), price lists, order confirmations, invoices, or other documents constitute information on which the purchaser may base its order (its offer).Unless expressly stated otherwise, the prices stated in our cost estimates are automatically limited to a period of thirty days.
Insofar as an order or order placement constitutes an offer pursuant to Section 145 of the German Civil Code (BGB), we may accept such offer within two weeks.The delivery or purchase contract shall only become binding upon dispatch of our order confirmation in text form (acceptance of the purchaser’s offer).
The mere placement of an order following the provision of cost estimates or other documents does not in itself result in a valid contract.A valid contract shall always require our order confirmation in text form.
If, by way of exception, we do not issue an order confirmation, the delivery or purchase contract shall become effective upon notification of readiness for dispatch in text form, delivery (our delivery note), or invoicing of the goods (our invoice).
Where import licenses or other approvals are required in the country of destination, the purchaser shall provide us in text form, upon placement of the order, with the license number, date of approval, and period of validity.

§ 3 – Documents Provided

We reserve all ownership and copyright rights to all documents provided to the purchaser in connection with the placement of an order, such as calculations, drawings, etc.Such documents may not be made accessible to third parties unless we have expressly granted our consent to the purchaser in text form.
If we do not accept the purchaser’s offer within the period specified in § 2, such documents must be returned to us immediately.
Drawings, illustrations, weight specifications, and other information contained in the documents are only approximate unless expressly confirmed otherwise.We reserve the right to make design changes.

§ 4 – Prices and Payment

All prices stated by us in cost estimates (our “offers”), price lists, order confirmations, invoices, or other documents refer to net EURO amounts.This also applies to deliveries and services outside the European Monetary Union, the European Economic Area, or Switzerland.Unless expressly designated by us in text form as binding, all prices quoted by us are subject to change.
Unless otherwise agreed in text form, our prices shall apply ex works at our place of delivery (our warehouse at the registered office – INCOTERMS: EXW – Ex Works).Packaging costs shall be invoiced separately.In accordance with the EXW clause, the purchaser shall bear the costs of transport, insurance, and any ancillary transport costs such as customs duties, fees, or public charges.The purchaser shall in all cases bear the statutory value-added tax applicable in the Federal Republic of Germany insofar as we are required to charge it under German law.
Unless otherwise agreed in text form, the first delivery of POWERTECH products to the purchaser shall be made against advance payment.Unless expressly agreed otherwise in text form, all subsequent deliveries – subject to a creditworthiness check of the purchaser – shall be payable within 30 days from the invoice date at the prices stated in our invoices.We may at any time amend or suspend granted payment terms, refuse shipment, or cancel outstanding orders if we deem the purchaser’s financial situation to justify such measures or if the purchaser is in default of payment.
In the event of late payment, the purchaser shall pay interest at a rate of five percent per annum above the respective base interest rate of the European Central Bank (ECB) from the due date.The assertion of further damages caused by default remains reserved.
Unless a fixed-price agreement has been expressly concluded, reasonable price adjustments due to changes in labor, material, and distribution costs shall be reserved for deliveries made four or more months after conclusion of the contract.

§ 5 – Set-Off and Rights of Retention

The purchaser shall only be entitled to set off claims if its counterclaims have been legally established or are undisputed.

The purchaser shall only be entitled to exercise a right of retention insofar as its counterclaim arises from the same contractual relationship.

§ 6 – Delivery

Our deliveries shall be made in accordance with the EXW clause of the INCOTERMS at our place of delivery (our warehouse at the registered office).Our shipping and delivery dates are estimates based on current conditions and our ability to deploy labor, materials, and spare parts in a timely manner.
The delivery period shall commence on the date of the order confirmation, but not before all technical and commercial details have been clarified.The commencement of the delivery period presupposes the timely and proper fulfillment of the purchaser’s obligations.The defense of non-performance of contract remains reserved.
If the purchaser requests a change in the execution of the delivery item within the delivery period, the delivery period shall recommence at the time the change is requested.
The delivery period shall be deemed met if readiness for dispatch has been notified to the purchaser in text form within the delivery period.
Partial deliveries are permitted.
The occurrence of unforeseen events shall entitle us to postpone delivery by the duration of the impediment plus a reasonable start-up period.Unforeseen events shall be deemed to include circumstances that we cannot avert with reasonable care under the circumstances of the individual case.
If the purchaser is in default of acceptance or culpably breaches other cooperation obligations, we shall be entitled to demand compensation for the damage incurred, including any additional expenses.Further claims remain reserved.If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the purchaser at the time it enters into default of acceptance or debtor’s default.
Goods reported as ready for dispatch must be collected immediately.Otherwise, we shall be entitled, at our discretion, to ship the goods or store them at the purchaser’s cost and risk and invoice them immediately.

§ 7 – Transfer of Risk Upon Dispatch

If the goods are delivered to the purchaser at its request or in accordance with § 6, the goods shall be made available for collection at our place of delivery in accordance with INCOTERMS EXW.Accordingly, the goods shall not be loaded onto a vehicle by us nor cleared for export.The risk of accidental loss or accidental deterioration of the goods shall pass to the purchaser.This shall apply regardless of whether shipment is made from the place of performance or who bears the costs specified in § 4 paragraph 2 in the individual case.
If dispatch is delayed due to the purchaser’s conduct, the risk shall pass to the purchaser upon notification of readiness for dispatch in text form.

§ 8 – Retention of Title

We retain title to the delivered goods until full payment of all claims arising from the delivery or purchase contract. This shall also apply to all future deliveries, even if we do not expressly invoke this provision in each individual case. We shall be entitled to repossess the purchased item if the purchaser acts in breach of contract.
As long as ownership has not yet passed to the purchaser, the purchaser shall be obliged to handle the purchased item with due care. If maintenance or inspection work is required, the purchaser shall carry this out in due time at its own expense.
The purchaser shall be entitled to resell the goods in the ordinary course of business. In this case, we hereby expressly assert an extended retention of title (reserved goods). The purchaser hereby assigns to us, already at this point in time, its claims arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including VAT). This assignment shall apply regardless of whether the purchased item has been resold without or after processing. The purchaser shall remain authorized to collect the receivable even after the assignment. Our right to collect the receivable ourselves shall remain unaffected. However, we shall not collect the receivable as long as the purchaser meets its payment obligations from the collected proceeds, is not in default of payment, and in particular no application for the opening of insolvency proceedings has been filed or payments have been suspended. If the purchaser acts in breach of contract, we may require the purchaser to disclose the assigned receivables and the respective debtors, hand over all relevant documents, provide all information necessary for the assertion of the receivable in text form, and notify the respective debtors of the assignment.
The processing or transformation of the reserved goods by the purchaser shall always be carried out in our name and on our behalf. In this case, the purchaser’s expectant right to the reserved goods shall continue in the transformed item. If the reserved goods are processed together with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the objective value of our reserved goods relative to the other processed items at the time of processing. The same shall apply in the event of commingling. If commingling occurs in such a way that the purchaser’s item is to be regarded as the main item, it shall be deemed agreed that the purchaser transfers proportional co-ownership to us and holds the resulting sole or co-ownership in safekeeping for us. To secure our claims against the purchaser, the purchaser also assigns to us any claims arising against a third party due to the connection of the reserved goods with real property; we hereby accept this assignment.
The purchaser shall not be entitled to pledge the reserved goods or assign them as security to third parties.
In the event of seizure of reserved goods or other interventions by third parties with respect to the reserved goods delivered by us, the purchaser shall immediately notify the third party of our ownership rights in text form and simultaneously inform us in text form so that we may assert and enforce our rights. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the purchaser shall be liable for the resulting loss incurred by us.
We undertake to release the securities to which we are entitled at the purchaser’s request insofar as their realizable value exceeds the claims to be secured by more than 20 percent.

§ 9 – Warranty

The statutory warranty period shall be reduced to twelve months. This provision shall not apply insofar as the German Civil Code (BGB) mandatorily prescribes longer limitation periods.
Warranty claims shall only apply provided that POWERTECH International, the responsible installer (with a valid training certificate), or an authorized service company (with a valid training certificate) is notified immediately upon occurrence of the malfunction. Warranty claims shall not cover defects or malfunctions occurring after components have been replaced or service has been performed by a non-authorized company.
Warranty claims shall not exist in the event of insignificant deviations from the agreed quality, insignificant impairment of usability, natural wear and tear, or damage arising after the transfer of risk due to improper or negligent handling, excessive use, unsuitable operating materials, or due to special external influences not assumed under the delivery or purchase contract. No warranty claims shall exist if improper repair work or modifications are carried out by the purchaser or third parties and for the consequences arising therefrom.
Claims by the purchaser for reimbursement of expenses required for subsequent performance, in particular transport, travel, labor, and material costs, shall be excluded insofar as such expenses increase because the goods delivered by us were subsequently taken to a location other than the purchaser’s place of business, unless such relocation corresponds to their intended use.
Recourse claims by the purchaser against us shall only exist insofar as the purchaser has not entered into agreements with its customer that go beyond the mandatory statutory warranty claims. Paragraph 4 shall apply accordingly to the scope of the purchaser’s recourse claim against the supplier.
In the event of fraudulent concealment of a defect, the purchaser’s rights shall be governed exclusively by the statutory provisions.
No goods may be returned to us without our prior consent and without applying for a return authorization number (RMA number). Goods returned for credit must be “as new” so that they can be re-entered into our inventory and resold. Unless otherwise agreed in text form, a restocking fee of at least 25 percent shall be charged for unused goods returned to us.

§ 10 – Manufacturer’s Warranty

We grant a warranty for three months or 500 engine operating hours – whichever occurs first – under the following conditions:
1. Our warranty covers all POWERTECH systems and POWERTECH component parts supplied by us (hereinafter: POWERTECH products).
2. We warrant that the POWERTECH products retain a certain quality or meet requirements other than freedom from defects as described in a declaration or relevant advertising available prior to conclusion of the delivery or purchase contract (durability warranty).
3. The durability warranty shall apply from the time of transfer of risk exclusively to the original purchaser who acquired the POWERTECH products from an authorized POWERTECH partner.
4. The POWERTECH products must be installed correctly, completely, and in accordance with the instructions provided in manuals or other data supplied by us in text form by a POWERTECH partner.
5. The POWERTECH products must not be modified after installation unless we have expressly approved such modification in text form.
6. Due to the damaging effects of corrosion, heat, rust, dirt, deposits, and other usage and installation factors beyond our control, we grant no further express or implied warranties, including merchantability or fitness for a particular purpose, beyond what is expressly covered by this durability warranty.
The original purchaser must have concluded a maintenance contract for annual servicing with an authorized POWERTECH partner commencing on the date of acceptance of the POWERTECH product by the purchaser and installation of the system. The maintenance contract must be maintained for the duration of the warranty period.
The POWERTECH warranty certificate must be completed and returned to us within thirty days after installation of the POWERTECH system (POWERTECH International GmbH, Siemensstrasse 9, DE-35447 Reiskirchen, Germany).
This durability warranty shall lapse if defects arise due to insufficient maintenance, installation, servicing, any modifications after installation without our express written approval, or due to intentional or negligent actions of the original purchaser or third parties.
Unless otherwise expressly agreed with us in text form, we shall, at our discretion, either repair the POWERTECH product or replace the defective part. The defective part must be returned to us within ten days after discovery of the defect in compliance with § 9 paragraph 7 sentence 1.
This durability warranty is neither transferable nor assignable and may not be sold in any form; it applies exclusively to the original purchaser.
In none of the above cases of non-activation, non-granting, or termination of the durability warranty shall the original purchaser be entitled to rescind the delivery or purchase contract, claim compensation for damages, or demand an extension of the warranty. Any deviating warranty conditions must be agreed in text form and signed by both contracting parties.
If individual parts of the goods supplied by us are subject to a separate manufacturer’s warranty by a third party, the purchaser shall be entitled to assert any warranty claims directly against such manufacturer where applicable.

§ 11 – Liability

Unless otherwise stipulated in these terms, we shall only be liable for damages resulting from intentional conduct or gross negligence in the event of a breach of contractual or non-contractual obligations. In the case of intent or gross negligence by non-executive vicarious agents, we shall only be liable if an essential contractual obligation has been breached.
We shall not be liable for any incidental or consequential damages arising from the purchase and/or use of POWERTECH products, including but not limited to damages resulting from loss of use of POWERTECH products, costs for activation of fire suppression systems, consequential costs of machine downtime, loss of profit or income, or damage resulting from consequential damage to property other than POWERTECH products.
The liability limitations set forth in paragraphs 1 and 2 shall not apply to liability for damages arising from injury to life, body, or health, or liability under the German Product Liability Act.

§ 12 – Right of Withdrawal

If performance of the delivery or purchase contract is endangered, significantly impeded, or rendered impossible by an unforeseeable event, we shall be entitled to withdraw from the contract without granting compensation for damages.
In such cases, the purchaser may request a declaration from us as to whether we intend to withdraw or deliver within a reasonable period. If we fail to make such a declaration after a corresponding request, the purchaser may withdraw from the delivery or purchase contract.
Unforeseeable events shall include circumstances that cannot be averted with reasonable care under the circumstances of the individual case, such as war, currency and trade policy measures or other sovereign acts, civil unrest, natural disasters, fire, strikes, lockouts, pandemics, accidents, non-delivery of upstream materials through no fault of our own, transport and operational disruptions, and other cases of force majeure.

§ 13 – Governing Law, Final Provisions

The delivery and purchase contracts concluded by us and all legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The INCOTERMS issued by the International Chamber of Commerce shall apply to the interpretation of delivery clauses in their respective latest version.
The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.
All agreements concluded between the parties for the purpose of performing a delivery or purchase contract must be set out in this contract in text form.
If individual provisions of this delivery or purchase contract are or become invalid or contain a gap, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that most closely reflects the intent of the parties.
We expressly point out that we collect, store, and process personal data of the purchaser obtained in the course of our business activities by means of automated data processing exclusively in accordance with the General Data Protection Regulation (GDPR) for the performance of a delivery or purchase contract, the implementation of pre-contractual measures, or the protection of legitimate interests (see our privacy policy).

Reiskirchen, 1 October 2025