of ratiotec GmbH & Co. KG
(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts, deliveries and other services of ratiotec GmbH & Co. KG (hereinafter “Supplier”), Max-Keith-Str. 66, 45136 Essen, vis-à-vis entrepreneurs within the meaning of § 14 BGB (German Civil Code) (hereinafter “Customer”).
(2) Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Supplier has expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if the Supplier provides the service without reservation in the knowledge of the Customer’s terms and conditions.
(3) Individual agreements made with the Customer on a case-by-case basis (including side agreements, amendments and modifications) shall in any event take precedence over these GTC. A written contract or the Supplier’s written confirmation shall be authoritative for the content of such agreements.
(1) The presentation of products and services on our website does not constitute a legally binding offer but rather a non-binding invitation to place an order.
(2) The contract shall only be concluded upon written order confirmation by the Supplier or upon execution of the delivery.
(3) Offers by the Supplier are non-binding and without obligation unless they are expressly designated as binding or contain a specific acceptance period.
(1) Prices are quoted ex warehouse of the Supplier plus the applicable statutory value-added tax, unless otherwise stated. Any shipping, freight and packaging costs are not included in the price and shall be invoiced separately.
(2) Unless otherwise agreed, invoices of the Supplier shall be payable without deduction within 30 days of the invoice date.
(3) If the Customer is in default of payment, the Supplier shall be entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate per annum. The right to claim further damages for default remains reserved.
(4) The Customer shall only be entitled to set-off or to exercise a right of retention insofar as its claim has been legally established or is undisputed.
(1) Delivery times shall be stated by the Supplier to the best of its knowledge but shall be non-binding unless expressly agreed as binding.
(2) If advance payment has been agreed for the delivery, the delivery period shall not commence until the full purchase price has been received by the Supplier.
(3) Partial deliveries shall be permissible insofar as they are reasonable for the Customer.
(4) If delivery becomes impossible or is significantly impeded as a result of force majeure, strikes, lockouts, official intervention, energy shortages or other unforeseeable obstacles, the delivery period shall be extended by the duration of the impediment.
(5) The risk of accidental loss and accidental deterioration of the goods shall pass to the Customer upon handover to the Customer or the forwarding agent, carrier or other third party designated to carry out the shipment.
(1) The delivered goods shall remain the property of the Supplier until full payment of all claims arising from the ongoing business relationship.
(2) The Customer is obligated to treat the goods with care. The Customer shall immediately notify the Supplier in writing of any attachments or other interventions by third parties in relation to goods subject to retention of title.
(3) In the event of conduct by the Customer in breach of contract, in particular default of payment, the Supplier shall be entitled to repossess the retained goods. Repossession shall not constitute withdrawal from the contract unless the Supplier expressly declares this.
(1) Warranty claims by the Customer presuppose that the Customer has duly fulfilled its inspection and notification obligations under § 377 HGB (German Commercial Code). Obvious defects shall be reported in writing without undue delay, but no later than within 7 working days of delivery.
(2) If the goods are defective, the Supplier shall, at its discretion, have the right to subsequent performance in the form of remedying the defect or delivering a new defect-free item.
(3) If subsequent performance fails, the Customer may, at its discretion, demand a reduction in price or withdraw from the contract.
(4) The warranty period shall be 12 months from delivery. This limitation shall not apply to damages resulting from intentional or grossly negligent breach of duty by the Supplier, nor to damages arising from injury to life, body or health.
(1) The Supplier shall have unlimited liability for damages arising from injury to life, body or health, for intentional and grossly negligent conduct, and under the German Product Liability Act (Produkthaftungsgesetz).
(2) In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), the Supplier’s liability shall be limited to the foreseeable, contract-typical damage.
(3) Any further liability of the Supplier for slight negligence shall be excluded.
(4) The above limitations of liability shall also apply in favour of the Supplier’s vicarious agents.
(1) Insofar as software forms part of the scope of services, the Customer shall be granted a simple, non-transferable and non-sublicensable right of use for the respective software.
(2) The software may only be used for its intended purpose. Reverse engineering (decompilation) of the software code is only permitted within the framework of the statutory provisions (§ 69e UrhG).
(3) For SaaS and cloud services (e.g. ratiotec CONNECT), the supplementary special terms of the respective service agreement shall apply.
(1) The contracting parties undertake to treat all confidential information obtained in the course of the business relationship as confidential for an unlimited period of time and to use it only for the contractually agreed purposes.
(2) With regard to the protection of personal data, we refer to our Privacy Policy.
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from and in connection with contracts between the Supplier and the Customer shall be Essen, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law.
(1) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected. The contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
(2) Amendments and additions to these GTC must be made in writing. This shall also apply to the amendment of this written form clause.
As of: March 2026