§ 1 Scope
- The General Terms and Conditions (GTC) accepted by both contracting parties govern the terms and conditions between WMT Maintenance Technik AG, represented by Kai Welbhoff, Richthofenstrasse 140, 53757 Sankt Augustin, hereinafter referred to as the “Provider,” and the client, hereinafter referred to as the “Client,” as a service contract within the meaning of Sections 611 et seq. of the German Civil Code (BGB) or as a purchase contract within the meaning of Sections 433 et seq. of the BGB, unless otherwise agreed in writing between the contracting parties.
- The GTC apply regardless of whether the customer is a consumer, entrepreneur, or merchant.
- All agreements concluded between the customer and the provider in connection with the purchase contract or the service contract arise in particular from these Terms and Conditions of Sale, the written order confirmation, and the provider’s declaration of acceptance.
- The version of the GTC valid at the time of conclusion of the contract shall prevail.
- Deviating terms and conditions of the customer are not accepted. This also applies if the provider does not expressly object to inclusion.
- The provider operates in the general aviation sector. The provider offers various services in these areas, in particular the manufacture of hose lines, the maintenance of hose lines, ignition magnets, ignition harnesses, alternators, and generators.
- The provider also offers the sale of products, in particular hoses, fittings, and couplings.
§ 2 Conclusion of Contract
- The presentation and promotion of articles on the website and in advertising do not constitute a binding offer to conclude a purchase contract for a product or a service contract.
- Requests for offers can be sent to the provider in writing or electronically. The provider prepares offers based on the individual customer requirements. The terms and conditions for the service are set out in the offer and are valid for four weeks from the date of the offer.
- A contract is not concluded solely upon acceptance of the sent or delivered offer. An offer from the provider merely constitutes the basis for the customer to submit a binding contractual declaration (application).
- The provider will promptly check receipt of the submitted order and confirm it by email. Such an email does not constitute a binding acceptance of the order unless it also contains a confirmation of receipt and a declaration of acceptance.
- A contract is only concluded when the provider accepts the customer’s order by sending an order confirmation. The order confirmation contains a description of the agreed services, prices, and payment terms. Changes and additions to orders require the written consent of both contracting parties. The provider reserves the right to make reasonable adjustments to prices and delivery dates.
- The conclusion of the contract according to paragraphs 1-5 applies to the commissioning of a service and the purchase of a product.
- If it is not possible to deliver the products ordered by the customer, the provider will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. The Provider will inform the Customer immediately and promptly refund any consideration already received.
§ 3 Execution of Contracts
- The subject matter of the services, which do not involve the purchase of a product, is the provision of an agreed service (service contract) and not the achievement of a specific result (no work contract). The commissioned services are deemed to have been provided when the required services have been performed and any questions that may arise have been addressed. The Customer undertakes, in its own interest, to provide all relevant information truthfully and completely.
- Within the scope of the services, the Provider provides its services to the Customer by applying its knowledge and skills in the aforementioned areas. A subjectively expected success of the Customer cannot be promised or guaranteed. The Provider undertakes to provide the agreed service in accordance with the applicable quality standards.
- The Customer is obligated to use the information materials, reports, and analyses created by the Provider within the scope of the service only for its own purposes. The Customer receives the exclusive and non-transferable right to use them. All documents and tables are either personal and not usable by third parties, or created by the provider specifically for the customer.
- All of the provider’s materials are protected by copyright. This applies to both the content on the provider’s website and other materials. Customers are not authorized to reproduce, distribute, or publicly display such materials. They are also not authorized to make photographic, film, or audio recordings of the service methods without the provider’s express permission.
- The service is based on cooperation. Clients are not obligated to implement the recommendations provided. They acknowledge that all steps and actions taken by them in the course of providing the service are their own responsibility.
- The provider is entitled to postpone the performance of a service if the provider or a third party service provider engaged by the provider is prevented from performing the service on the agreed date, e.g., due to riots, strikes, lockouts, natural disasters, severe weather, traffic disruptions, or illness, which prevent the provider from performing the service on the agreed date through no fault of its own. In this case, the customer shall not be entitled to compensation.
- The images and descriptions of the services and products on the provider’s website are for illustrative purposes only and are only approximate. No guarantee is given for complete compliance.
- The provider is entitled to make adjustments to the content or the process of the service for technical reasons, for example if there is a need to update or further develop the service content, provided that this does not result in a significant change to the service content and the change is reasonable for the customer.
§ 4 Prices, payment terms, offsetting and retention rights
- All prices stated in the provider’s offer are gross prices including statutory VAT. Payment terms are specified in the individual contract.
- The purchase price or the fee for the service must be paid in full to the specified account no later than 14 days from receipt of the invoice, unless otherwise agreed or stated in the invoice.
- In case of late payment, the provider reserves the right to charge default interest and reminder fees in accordance with statutory provisions.
- Customers are not entitled to offset claims against the provider’s claims unless their counterclaims have been legally established or are undisputed. They are also not entitled to offset claims against the provider’s claims if they assert complaints about defects or counterclaims arising from the same purchase contract.
- As purchasers or clients of the service, customers may only exercise a right of retention if their counterclaim arises from the same purchase contract or service contract.
§ 5 Term and termination of service contracts
- The term of the service contract is determined by the respective contract. If the service is not provided on a one-time basis, this will be noted in the contract, and the following paragraphs of Section 5 do not apply.
- A regular termination of the service contract must be made in writing to the contractual partner at least one month before the end of the respective contract term.
- The right to extraordinary termination remains unaffected.
- If the contractual relationship is not terminated one month before the end of the respective term, it will be extended by a further month if the customer is a consumer. For businesses, the contractual relationship will be extended by the original term.
- After the end of the regular term, the notice period is one month until the end of the extended term. Notice of termination must also be given in writing.
- Cancellations of ongoing orders require the written consent of both contracting parties. We may demand reasonable compensation for services already rendered or costs incurred.
§ 6 Retention of title
The goods delivered remain the property of the provider until the purchase price has been paid in full.
§ 7 Warranty
- The provider is liable for material or legal defects in delivered items in accordance with applicable statutory provisions. The limitation period for statutory claims for defects in the sale of goods is two years and begins upon delivery of the goods. For businesses, the warranty period is reduced to one year.
- Any seller warranties provided by the provider for specific items or manufacturer warranties granted by the manufacturers of specific items shall apply in addition to claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such warranties are set out in the warranty conditions that may accompany the items. Manufacturer warranties/performance commitments remain unaffected by this, but these do not obligate the provider beyond the warranty period.
§ 8 Liability
- The provider is liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
- In other cases, the provider’s liability – unless otherwise provided in paragraph 3 – is limited to the breach of a contractual obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely (so-called cardinal obligation), and is limited to compensation for foreseeable and typical damages. In all other cases, the provider’s liability is excluded, subject to the provisions of paragraph 3.
- The provider’s liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 9 Intellectual Property and Rights of Use
The provider reserves all ownership and copyright to offer documents, as well as all illustrations, drawings, calculations, and other documents. Documents marked “confidential” may only be passed on to third parties with the provider’s express written consent.
§ 10 Right of withdrawal
- Right of withdrawal for consumers
Consumers generally have a statutory right of withdrawal pursuant to Sections 355 et seq. of the German Civil Code (BGB). A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 of the BGB). - Exclusion of the right of withdrawal for custom-made products
The right of withdrawal does not apply to contracts for the delivery of goods,- which are not prefabricated and
- for the production of which an individual selection or determination by the consumer is decisive or
- which are clearly tailored to the personal needs of the consumer
(Section 312g Paragraph 2 No. 1 BGB). - This particularly applies to individually manufactured hose lines that are manufactured according to customer specifications regarding length, connection, material or pressure range.
- Exclusion of the right of withdrawal for business customers
The right of withdrawal does not apply to contracts with business customers within the meaning of Section 14 of the German Civil Code (BGB).
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 11 Data Protection
- The customer expressly consents to the electronic processing of his or her personal data within the framework of the following provisions. Customer data will be treated with absolute confidentiality. The customer’s data will be used exclusively for the needs-based creation of personalized offers and consultations, as well as for the purposes of our own market research and contract fulfillment. The data will not be passed on to third parties.
- The provider undertakes to comply with data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and other relevant legal norms. Personal data is processed in accordance with our privacy policy.
- The provider’s separate data protection provisions also apply at the following link: https://www.wmtonline.eu/en/privacy-policy/
§ 12 European Dispute Resolution
The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 Final provisions
- German law applies. If the customer placed the order as a consumer and has his or her habitual residence in another country at the time of placing the order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
- If the customer is a merchant and has its registered office in Germany at the time of the order, the exclusive place of jurisdiction is Siegburg. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
- Verbal promises, ancillary agreements, and assurances given by employees must be in writing to be legally effective; this also applies to additions, amendments, or ancillary agreements.
- Should individual provisions of the General Terms and Conditions or the respective purchase or service agreement be or become invalid or void, this shall not affect the validity of the General Terms and Conditions or the purchase or service agreement as a whole. Rather, the invalid or void provision shall be replaced, in a free interpretation, by a provision that most closely approximates the purpose of the contract or the parties’ intention.
- Changes and additions to the General Terms and Conditions or the purchase or service contract must be made in writing to be effective. Oral ancillary agreements are not permitted.
Stand: March 2025
WMT AG – Richthofenstrasse 140 – D-53757 Sankt Augustin
Managing Director Kai Welbhoff – Siegburg District Court – HRB 10024
VAT ID No.: DE 258 516 703
Tel. +49-(0)2241-924116
Fax +49-(0)2241-924118