Terms and Conditions

1. Legal scope

1.1 These General Terms and Conditions (GTC) apply to all offers, sales, deliveries, repairs, installations, commissioning, support services, and other services provided by Krenn-Smt, Robert-Bosch-Str. 20, 85053 Ingolstadt, to business entities as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. These GTC do not apply to consumers (§ 13 BGB).
1.2 Any deviating, conflicting, or supplementary general terms and conditions of the client shall not become part of the contract unless Krenn-Smt has expressly agreed to their validity in writing. This also applies even if Krenn-Smt does not expressly object to them in individual cases.
1.3 Individual agreements with the client take precedence over these General Terms and Conditions. Subject to proof to the contrary, an agreement in writing or confirmation by Krenn-Smt shall be decisive for their content.
1.4 These General Terms and Conditions also apply to all future business relationships with the same client without the need for renewed express inclusion.
1.5 By placing an order, accepting delivery, accepting the service, or putting the goods into use, the Client accepts these Terms and Conditions.
1.6 The Terms and Conditions are available at any time at https://www.krenn-Smt.com/de/meta/agb. For contracts concluded via email or electronic systems, the following applies: The client receives, along with the offer or order confirmation, a notice regarding the applicability of these Terms and Conditions as well as a reasonable opportunity to review them (e.g., by sending them in PDF format or by providing a link).

2. Offers, Conclusion of Contracts, Availability of Goods

2.1 All offers made by Krenn-Smt are subject to change and non-binding unless they are expressly designated as binding. We reserve the right to prior sale.
2.2 Orders and agreements become binding for Krenn-Smt only upon written confirmation of the order. Delivery, including partial delivery, as well as invoicing is equivalent to the order confirmation.
2.3 Information in catalogs, brochures, price lists, technical documents, specifications, drawings, illustrations, as well as information regarding dimensions, weights, performance, consumption data, and suitability for new technologies is only approximate unless expressly designated as binding.
2.4 An agreement regarding quality or a warranty exists only if it has been expressly agreed upon in writing as such.
2.5 Minor deviations that are reasonable for the client, as well as technical changes, changes in design, form, and execution—particularly in the course of improvements—are reserved and do not affect the fulfillment of the contract.
2.6 All offers and contracts are subject to correct and timely delivery by our suppliers. Krenn-Smt is responsible for the careful selection of its suppliers.
2.7 In the event of non-delivery or late delivery by our suppliers, Krenn-Smt will inform the customer immediately. Any payments already made by the customer will be refunded immediately. Further claims by the customer are excluded to the extent that Krenn-Smt is not responsible for the non-delivery
2.8 Goods procured, configured, programmed, customized, reserved for a specific order, or not kept in stock are excluded from return and exchange, provided that Krenn-Smt is not responsible for the reason for the return and no mandatory statutory rights preclude such return.

3. Scope of Delivery, Delivery Time, Partial Deliveries, Force Majeure, and Shipping Requirements

3.1 The order confirmation from Krenn-Smt shall govern the nature and scope of the delivery or service.
3.2 Krenn-Smt is entitled to make partial deliveries and provide partial services, provided that these are reasonable for the Customer.
3.3 Krenn-Smt reserves all ownership, copyright, and other intellectual property rights to all documents provided to the customer before or after the conclusion of the contract, in particular drawings, illustrations, descriptions, calculations, and technical documentation. They may not be made available to third parties without the prior consent of Krenn-Smt.
3.4 If a contract is not concluded or is rescinded, all documents provided by Krenn-Smt must be returned unsolicited and without delay.
3.5 Delivery dates and delivery periods are binding only if they have been expressly agreed in writing as binding. Otherwise, they are approximate.
3.6 A delivery date generally begins only upon receipt of the written order and the receipt of the agreed payment in Krenn-Smt’s account. If the order or payment is not made on time, the delivery date is postponed accordingly.
3.7 If Krenn-Smt is unable to meet a binding delivery date for reasons beyond its control, the client shall be notified immediately.
3.8 Force majeure and other unforeseeable events for which Krenn-Smt is not responsible, which significantly impede or render the performance impossible, shall release Krenn-Smt from its obligation to perform for the duration and to the extent of their effects. These include, in particular, natural disasters, war, acts of terrorism, political unrest, pandemics, epidemics, labor disputes, governmental measures, disruptions in the supply of energy or raw materials, significant operational disruptions, cyberattacks, as well as delivery delays or failures on the part of upstream suppliers.
3.9 Krenn-Smt and the Client shall immediately inform each other of the occurrence and the expected duration of such events.
3.10 If an event under Section 3.8 lasts longer than three months, both parties are entitled to withdraw from the contract with respect to the unfulfilled portion of the contract. Claims for damages are excluded in this case, provided that Krenn-Smt is not responsible for the event.
3.11 If none of the circumstances described in Sections 3.8 through 3.10 apply and Krenn-Smt defaults on a binding obligation, the Client must grant Krenn-Smt a reasonable grace period in writing, provided that such a grace period is not waived by law.
3.12 Transport damage shall be compensated under an existing transport insurance policy only if it is reported to Krenn-Smt or the carrier in writing immediately after delivery, or in the case of hidden damage, no later than seven days after it becomes apparent.
3.13 The customer is obligated to inspect the goods immediately upon delivery and to report any defects without delay. The duty to inspect and give notice of defects pursuant to § 377 HGB applies.
3.14 Transport routes, access roads, delivery routes, floor load-bearing capacity, and load-bearing capacities must be suitable for the dimensions, weights, and measurements of the delivered machines. Krenn-Smt shall not be liable for defects or damage attributable to unsuitable transport or installation conditions.
3.15 Weights and dimensions are based on the respective specifications provided by Siemens, ASM, ASMPT, or other manufacturers. Krenn-Smt assumes no liability for the accuracy of this information unless Krenn-Smt has expressly confirmed such information as binding.
3.16 If replacement parts are delivered “for diagnostic purposes,” they shall be deemed to have been provided for testing for a period of one week from delivery. If the replacement part is not needed and is returned within the specified time, Krenn-Smt will charge a flat handling fee of EUR 100.00 plus shipping costs.
3.17 Krenn-Smt is entitled to engage qualified third parties or subcontractors, in whole or in part, to fulfill its contractual obligations. Krenn-Smt’s responsibility for the proper performance of services remains unaffected by this.

4. Transfer of Risk, Shipping, and Default in Acceptance

4.1 Delivery is made ex warehouse in Ingolstadt at the customer’s risk.
4.2 The risk of accidental loss or accidental deterioration of the goods passes to the customer no later than upon handover to the carrier or upon the goods leaving the warehouse. This also applies to partial deliveries and in cases where Krenn-Smt has undertaken additional services.
4.3 If the customer is in default of acceptance or if shipment, delivery, acceptance, or commissioning is delayed for reasons for which the customer is responsible, the risk passes to the customer upon notification that the goods are ready for shipment or that the service is ready to be performed.
4.4 In the cases described in Section 4.3, Krenn-Smt is entitled to store the goods at the client’s expense and risk. The client shall bear all costs incurred as a result, in particular storage costs, holding costs, waiting times, personnel expenses, and other damages caused by the delay.
4.5 Notwithstanding proof of specific damages, Krenn-Smt is entitled to claim lump-sum damages in the amount of 0.5% of the invoice amount per week or portion thereof for the duration of the delay in acceptance. The Client reserves the right to prove that no damage or significantly less damage has occurred. Krenn-Smt reserves the right to prove higher damages.
4.6 If a reasonable grace period expires without result, Krenn-Smt is entitled to withdraw from the contract and/or to claim damages in lieu of performance.
4.7 Any further statutory rights, in particular a contractor’s lien under Section 647 of the German Civil Code (BGB), remain unaffected.

5. Acceptance, Installation, Commissioning, and Leasing

5.1 Deliveries and services must be accepted immediately upon notification of completion. This also applies to self-contained partial deliveries and partial services.
5.2 Acceptance must be confirmed in writing.
5.3 If the customer begins using the delivery, service, or parts thereof, acceptance shall be deemed to have taken place six business days after commencement of use, provided that no material defect has been reported in writing prior to that time.
5.4 If the ordered goods or services are not accepted within three months of the agreed acceptance date despite a written request from Krenn-Smt, Krenn-Smt is entitled to dispose of the goods or services elsewhere and/or to assert its contractor’s lien pursuant to § 647 BGB. The client shall compensate for any resulting damages, in particular storage and holding costs.
5.5 The client shall provide suitable personnel for the installation to assist Krenn-Smt’s employees with the delivery and setup of the machines.
5.6 Delays resulting from special agreements with the Client or from unforeseen circumstances shall not be attributed to Krenn-Smt. Any additional working hours resulting therefrom will be billed separately.
5.7 The basic infrastructure required for installation and commissioning, in particular electricity, compressed air, and network connectivity, must be provided by the Client in a timely manner. Delays and waiting times resulting from the Client’s failure to meet these requirements will be billed separately.
Delays and waiting times resulting from missing prerequisites will be billed separately.
5.8 Interface cables and converter boxes provided by the client will be used during commissioning. Missing components will be provided by Krenn-Smt and billed separately.
5.9 The Client shall, at its own expense, ensure in a timely manner that all on-site, technical, organizational, and safety-related requirements for transport, delivery, installation, commissioning, and service calls are met. These include, in particular, clear and suitable access routes, sufficient load-bearing capacity, necessary lifting and transport equipment, power supply, compressed air, network access, safety clearances, access facilities, occupational safety training, and any necessary permits. Delays, waiting times, extra work, and additional costs attributable to a lack of or insufficient cooperation on the part of the Client shall be borne by the Client.
5.10 Any damage occurring after transport shall be repaired during commissioning. The working hours required for this are included in the commissioning process.
5.11 Commissioning is considered complete as soon as the technician has populated the SIPLACE ALU LP3 board and the acceptance report has been signed.
5.12 If the acceptance report is not signed by the customer or an authorized representative, the date of the delivery note shall be deemed the date of acceptance and the start of any agreed warranty.
5.13 For spare parts, Krenn-Smt grants a voluntary spare parts commitment limited to the free replacement of parts proven to be defective for a period of four weeks from the date of the delivery note or, if available, from the date of the signed acceptance report. Technician services as well as travel to and from the site are not included in this. No further rights arise from this, unless expressly agreed otherwise. Statutory rights regarding defects remain unaffected, unless they are effectively limited under these General Terms and Conditions.
5.14 In the case of leasing transactions, acceptance is deemed to have taken place as soon as the acceptance report has been signed by Krenn-Smt and the client.
5.15 The lessor’s acceptance report must be signed at the same time and forwarded to the lessor without delay. If this is not done, Krenn-Smt is entitled to immediately terminate the commissioning process.
5.16 Labor, travel, waiting, and commuting times, as well as material consumption, are documented in the service reports prepared by Krenn-Smt. The client must ensure that a contact person authorized to receive and sign documents is available on-site. If the client does not sign the service report, even though this was possible and reasonable for them to do so, or if they do not raise specific objections in writing within 5 business days of the service report being submitted, the service report shall be deemed to have been accepted as factually correct and complete.
5.17 If the Client fails to fulfill its obligations regarding cooperation, provision of materials, approval, or operation in a timely manner, Krenn-Smt is entitled to suspend the affected services until such obligations have been fully met. Any resulting delays, downtime, waiting times, and additional costs shall be borne by the Client. Further statutory rights remain unaffected.

6. Prices and Payment Terms

6.1 All prices are ex-warehouse Ingolstadt, excluding packaging, freight, insurance, shipping costs, and the applicable statutory sales tax on the date of delivery or performance.
6.2 Installation, training, and other ancillary services are not included in the price, unless expressly agreed otherwise in writing.
6.3 Shipping is at the sole discretion of Krenn-Smt. Krenn-Smt is entitled, but not obligated, to insure the goods at the client’s expense.
6.4 The prices for equipment do not include packaging costs. If the customer requests a specific type of packaging, they shall bear the additional costs. Packaging costs for spare parts, accessories, and consumables will be billed separately.
6.5 All taxes, customs duties, fees, import and export duties, and other public charges shall be borne by the customer.
6.6 Delivery, installation, and training of operating personnel shall be at the client’s expense. Such services shall be billed in accordance with the current Krenn-Smt service price list.
6.7 If shipping costs are not included in the quote, they will be billed separately.
6.8 For orders with a net value of less than EUR 100.00 within Germany or less than 150.00 in the respective transaction currency for international orders, Krenn-Smt is entitled to charge a surcharge of EUR 25.00.
6.9 Invoices are due for payment immediately upon receipt without deduction, unless otherwise agreed in writing. This also applies to partial deliveries and partial services.
6.10 Krenn-Smt is entitled to require advance payments, direct debit, payment in advance, or other suitable security for up to three initial orders, in the event of late payment, or if a granted credit limit is exceeded.
6.11 For returns of repaired goods and for small-quantity orders, Krenn-Smt may arrange shipping via cash on delivery.
6.12 If the customer defaults on payment, Krenn-Smt is entitled to claim default interest at the statutory rate, the statutory default penalty under Section 288(5) of the German Civil Code (BGB) in the amount of EUR 40.00, as well as any necessary reminder and collection costs. The right to claim further damages resulting from default is reserved.
6.13 Until all due claims have been settled in full, Krenn-Smt is entitled to withhold further deliveries and services.
6.14 Bills of exchange and checks are accepted only on account of performance and only by special agreement. Krenn-Smt assumes no liability for timely presentation, protest, or redemption.
6.15 For payments in international trade, all costs and expenses shall be borne by the customer.
6.16 If, after the conclusion of the contract, Krenn-Smt becomes aware of circumstances that are likely to significantly impair the client’s creditworthiness, or if the client fails to comply with agreed payment terms, Krenn-Smt is entitled to declare all outstanding claims immediately due, to make further deliveries contingent upon advance payments or security, to withdraw from the contract in whole or in part, and, to the extent that a retention of title exists, to demand the return of the goods.
6.17 To the extent that services are billed on a time-and-materials basis, any hours specified in the offer are only estimates. The hours actually documented in the service report will be billed.
6.18 The following overtime surcharges apply to services:

• Weekdays after 8:00 PM: 25%
• Saturdays: 50%
• Sundays: 100%
• Holidays: 200%

6.19 If a mechanic or technician works more than eight hours in a day, an additional meal allowance will be charged:

• Germany: 14.00 EUR for 8 hours or more, 28.00 EUR for 24 hours or more
• EU and other countries: based on actual costs and international rate list

6.20 For contracts with an agreed delivery or performance period of more than 4 months following the conclusion of the contract, Krenn-Smt is entitled to adjust the agreed prices at its reasonable discretion if, after the conclusion of the contract, there are increases in the costs of materials, raw materials, energy, labor, freight, customs duties, insurance, procurement, or exchange rates that are not merely temporary and that directly affect the delivery or service owed. Krenn-Smt shall, upon request, provide the Client with a comprehensible explanation of the relevant reasons for the price adjustment. Cost reductions in the aforementioned areas shall be taken into account in the same manner. If the price increase exceeds 10% of the originally agreed net price, the Client is entitled to terminate the portion of the contract affected by the price adjustment in writing within 7 calendar days of receiving the notification.
6.21 If, after the conclusion of the contract, statutory taxes, customs duties, import or export costs, environmental levies, administrative fees, or other public charges change, thereby directly increasing or decreasing the cost of the contractually agreed delivery or service, Krenn-Smt shall be entitled to adjust the price accordingly.
6.22 To the extent that services provided by Krenn-Smt are billed according to the currently valid service price list, Krenn-Smt is entitled to adjust these prices at its reasonable discretion with effect for future individual orders as well as for services not yet rendered under ongoing continuing obligations or framework agreements. Changes shall be communicated to the client in writing at least 4 weeks prior to their effective date. Services already firmly commissioned and to be rendered within this period remain unaffected by this
6.23 Krenn-Smt is entitled to issue appropriate partial invoices for partial deliveries, partial services, self-contained service phases, and delays attributable to the Client. These are due for payment in accordance with Section 6.9.
6.24 The Client is entitled to set off claims only if they are undisputed or have been legally established.
6.25 The Client is entitled to a right of retention only to the extent that its counterclaim is based on the same contractual relationship and is undisputed or has been legally established.

7. Standard Software

7.1 The respective manufacturer’s license terms apply in addition to the standard software provided. These may be requested separately.
7.2 By opening a sealed data carrier, as well as by installing, activating, or using the software, the Client expressly accepts the respective manufacturer’s license terms.
7.3 The Client is granted a simple, non-exclusive, non-transferable right of use for the delivered standard software within the scope of the respective manufacturer’s license, limited to the hardware specified in the contract or the agreed number of workstations.
7.4 Transfer of the software to third parties, in whole or in part, is prohibited unless expressly permitted by the license terms or mandatory law.
7.5 The creation of copies of the software and the accompanying documentation is permitted only to the extent that this is necessary for the intended use, in particular installation and backup, and is legally permissible. Any further reproduction or transfer requires the prior written consent of Krenn-Smt.
7.6 Unless otherwise specified on the data carriers or in the readme files, the Customer may make a reasonable number of backup copies of each copy of the software exclusively for data backup purposes.
7.7 Otherwise, the Customer may reproduce the software only if and to the extent that the Supplier has granted the Customer the corresponding rights in writing.
7.8 Upon termination of the contractual relationship, the Client must cease use of the software and delete or return existing copies in accordance with the license terms. Upon request by Krenn-Smt, this must be confirmed in writing.
7.9 The Customer and Krenn-Smt acknowledge that, given the current state of technology, software cannot be created without any errors. Defects that do not significantly impair the contractual use do not constitute a material defect.
7.10 Krenn-Smt shall not be liable for defects resulting from the use of the software in a hardware or software environment that does not meet the agreed-upon or specified system requirements in the product description, or that are attributable to modifications or enhancements made by the client or third parties.
7.11 Updates, upgrades, or other modifications to the software shall be provided exclusively in accordance with the respective manufacturer’s regulations and, unless expressly agreed otherwise, are not part of the scope of services.
7.12 Documentation, user interfaces, and software outputs are provided in the language specified in each case. Unless expressly agreed otherwise, these are generally English-language versions, specifically American English versions. Technical terms may be in English regardless of the language version.
7.13 Any further use, in particular rental, distribution, or making available to the public, is prohibited without the prior express consent of Krenn-Smt.

8. Withdrawal and Cancellation

8.1 The Client is entitled to withdraw from the contract only in accordance with statutory provisions, provided that Krenn-Smt is responsible for the breach of duty.
8.2 In the event of defects, withdrawal generally requires that the Client has first set Krenn-Smt a reasonable deadline for subsequent performance, provided that setting such a deadline is not unnecessary.
8.3 Withdrawal is excluded if the defect is minor and does not significantly impair the contractual use.
8.4 If the Client terminates or cancels the contract, or withdraws from it for reasons for which Krenn-Smt is not responsible, Krenn-Smt is entitled to claim lump-sum damages in the amount of 30% of the net contract value. The client reserves the right to prove that no damage or less damage has been incurred. Irrespective of this, at least the costs already incurred must be reimbursed.
8.5 Krenn-Smt is entitled to withdraw from the contract if
a) the client fails to fulfill its obligations to cooperate,
b) the Client’s financial circumstances deteriorate significantly, or
c) the Client fails to fulfill its contractual obligations despite being given a deadline.
8.6 In the event of withdrawal, the Client shall compensate Krenn-Smt for services already rendered. Further claims for damages remain unaffected.

9. Liability

9.1 Krenn-Smt shall be liable for damages, regardless of the legal basis, only in accordance with this Section 9.
9.2 Krenn-Smt shall have unlimited liability
a) in cases of willful misconduct and gross negligence,
b) in cases of culpable injury to life, limb, or health,
c) in accordance with the provisions of the Product Liability Act,
d) in the event of fraudulent concealment of a defect, as well as
e) to the extent of an expressly assumed warranty.
9.3 In cases of simple negligence, Krenn-Smt shall be liable only for a breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on which the client may reasonably rely. In such cases, liability is limited to foreseeable damages typical for this type of contract.
9.4 Any further liability on the part of Krenn-Smt is excluded.
9.5 The foregoing limitations of liability also apply in favor of the legal representatives, executive bodies, employees, and vicarious agents of Krenn-Smt.
9.6 Claims for damages that are not based on intent or gross negligence and do not result from injury to life, limb, or health shall become time-barred twelve months after the statutory limitation period begins.

10. Retention of Title

10.1 The delivered goods remain the property of Krenn-Smt until all current and future claims of Krenn-Smt arising from the business relationship have been paid in full.
10.2 The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns to Krenn-Smt the claims arising from the resale in the amount of the invoice total. Krenn-Smt accepts the assignment.
10.3 The processing or transformation of the goods subject to retention of title is always carried out on behalf of Krenn-Smt. If the goods subject to retention of title are processed, combined, or mixed with other items, Krenn-Smt acquires co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the value of the other items at the time of processing.
10.4 The customer is obligated to treat the goods subject to retention of title with due care and to insure them at its own expense against loss, damage, and the usual risks, in particular fire, water, and theft. The customer hereby assigns any insurance claims to Krenn-Smt.
10.5 In the event of third-party access to the goods subject to retention of title, in particular seizures, the customer must indicate Krenn-Smt’s ownership and notify Krenn-Smt immediately.
10.6 If the value of the collateral exceeds Krenn-Smt’s secured claims by more than 20%, Krenn-Smt shall, at the customer’s request, release collateral of its own choosing.
10.7 In the event of a breach of contract by the customer, in particular in the event of default in payment, Krenn-Smt is entitled to take back the goods subject to retention of title. Such taking back shall only constitute a withdrawal from the contract if Krenn-Smt expressly declares this.
10.8 The Customer is not authorized to pledge the goods subject to retention of title or to assign them as security.
10.9 Krenn-Smt may revoke the authorization to collect the claims assigned pursuant to Section 10.2 in the event of default in payment, suspension of payments, a insolvency petition, or if there are concrete indications of a significant deterioration in the Client’s financial circumstances.
10.10 At Krenn-Smt’s request, the Client must provide the information necessary for collection, surrender the relevant documents, and disclose the assignment to third-party debtors.

11. Rights in Case of Defects, Warranty, and Guarantee

11.1 The Client’s rights regarding defects are governed by the statutory provisions, subject to the following conditions.
11.2 The Client must inspect the goods immediately upon delivery. Obvious defects must be reported in writing without delay, at the latest within seven days of delivery. Hidden defects must be reported in writing immediately upon discovery. In all other respects, § 377 HGB applies.
11.3 In the event of a defect, Krenn-Smt is entitled, at its discretion, to repair the goods or provide a replacement.
11.4 The customer must keep the goods subject to complaint in their current condition available for inspection or, upon request, return them to Krenn-Smt.
11.5 The customer is not entitled to remedy defects themselves or have them remedied by third parties without the prior consent of Krenn-Smt. A claim for reimbursement of the necessary expenses shall only exist if Krenn-Smt is in default of subsequent performance or if immediate self-remediation was absolutely necessary to prevent disproportionately large damages and Krenn-Smt was informed in advance, to the extent possible.
11.6 Replaced parts become the property of Krenn-Smt.
11.7 Warranty claims are void if
a) the goods have been modified, repaired, or mishandled by the customer or third parties,
b) maintenance or operating instructions were not followed, or
c) prescribed maintenance was not properly performed and documented.
11.8 Unless expressly agreed otherwise, liability for defects covers exclusively the provision of replacement parts free of charge for components proven to be defective.
11.9 The warranty for defects specifically excludes, in particular, technical services, installation work, assembly work, diagnostic work, travel time, travel expenses, production downtime, and other consequential damages, unless required by mandatory statutory provisions.
11.10 Replacement parts are generally shipped via standard shipping. Express or special shipping will be billed separately.
11.11 If the remedy fails or is unreasonable or legally dispensable, the customer may reduce the purchase price in accordance with statutory provisions or, in the case of significant defects, withdraw from the contract.
11.12 Statutory claims for material defects shall, to the extent permitted by law, become time-barred within twelve months of the transfer of risk. Excluded from this are claims arising from injury to life, limb, or health; claims based on intent or gross negligence on the part of Krenn-Smt, its legal representatives, or vicarious agents; and claims arising from fraudulently concealed defects; in such cases, the statutory limitation periods apply.
11.13 A warranty is granted only if it has been expressly promised in the offer or in a separate agreement. In such cases, only the terms and conditions set forth therein shall apply.
11.14 Notwithstanding the foregoing, Krenn-Smt may provide voluntary goodwill services without this giving rise to any legal claim.
11.15 The four-week spare parts warranty set forth in Section 5.13 remains unaffected.
11.16 Krenn-Smt is entitled to refuse subsequent performance as long as the customer has not fulfilled due and undisputed or legally established claims arising from the same contractual relationship.
11.17 The Customer shall provide Krenn-Smt with reasonable assistance in investigating reported defects and, upon request, shall in particular provide defect reports, test runs, operating data, photos, video recordings, maintenance records, and other documentation suitable for fault analysis. If such cooperation is not provided, Krenn-Smt shall be released from its obligation to inspect the defect and provide subsequent performance for the duration of the lack of cooperation.

12. Limitation of Liability for Defects

12.1 To the extent permitted by law, liability for material defects in business transactions between businesses is limited to the rights expressly provided for in these General Terms and Conditions.
12.2 Any further claims, in particular claims for damages arising from material defects, are excluded, subject to Section 9.
12.3 The foregoing limitations do not apply in cases of intent, gross negligence, injury to life, limb, or health, fraudulent concealment of a defect, the assumption of a guarantee, or in cases of mandatory statutory provisions.

13. Repair Terms and Conditions

13.1 Krenn-Smt will not accept shipments sent freight collect. The shipment of goods for repair is at the client’s expense and risk.
13.2 Krenn-Smt will not cover shipping costs for the return of goods for repair, except in cases expressly covered by warranty.
13.3 The goods must be delivered in a manner suitable for transport and, if possible, in their original packaging. In the event of improper packaging or missing original packaging, the customer bears the risk of transport damage.
13.4 To verify a warranty claim, appropriate proof, in particular a copy of the invoice, is required. If such proof is not provided, Krenn-Smt is entitled to process the goods at the customer’s expense or to return them upon charging a processing fee.
13.5 Goods sent for repair must be accompanied by a detailed description of the defect. General statements such as “defective” are not sufficient.
13.6 In the absence of or with an insufficient description of the defect, Krenn-Smt is entitled to perform a diagnostic check at the customer’s expense or to return the goods unrepaired upon charging a processing fee.
13.7 If no defect is found or if the complaint is unjustified, the goods will be returned upon reimbursement of the incurred inspection, processing, and shipping costs.
13.8 Products not purchased through Krenn-Smt will generally not be processed and will be returned subject to a processing fee.
13.9 Krenn-Smt is entitled to pass on all incurred costs, in particular testing, processing, logistics, and supplier costs.
13.10 A flat-rate processing fee may be charged for unauthorized returns:
a) EUR 30.00 for undamaged original packaging,
b) EUR 100.00 for damaged original packaging.
The customer reserves the right to prove that no damage or only minor damage has occurred.
13.11 Replacement parts delivered for diagnostic purposes may be returned within seven days of delivery if they are not needed. In the event of a return, Krenn-Smt will charge a flat-rate processing fee of 100.00 EUR as well as shipping costs.
13.12 The shipment must be complete to the extent necessary for fault analysis. Missing components may result in delays or additional costs.
13.13 If repaired, inspected, or ready-for-return goods are not picked up, collected, or returned within 14 calendar days of notification that they are ready for shipment or pickup, Krenn-Smt is entitled to charge reasonable storage costs. Upon the fruitless expiration of a further reasonable period, Krenn-Smt is entitled to sell the goods at the client’s expense or, to the extent permitted, to dispose of them. Any proceeds from such sale shall be credited against Krenn-Smt’s claims.

14. Intellectual Property Rights and Export Regulations

14.1 If claims are asserted against the Client for infringement of industrial property rights, in particular patents, trademarks, or utility models, in connection with the delivered products, the Client must immediately notify Krenn-Smt in writing.
14.2 Krenn-Smt is entitled, but not obligated, to assume the defense against such claims. If Krenn-Smt conducts the legal defense, it shall do so at its own expense. The Customer is obligated to provide Krenn-Smt with appropriate support in this regard.
14.3 Krenn-Smt shall only be liable for the infringement of third-party intellectual property rights within the scope of statutory provisions and in accordance with Section 9 of these General Terms and Conditions.
14.4 If products are manufactured or delivered in accordance with the Client’s specifications, drawings, specifications, or instructions, the Client shall indemnify Krenn-Smt against all claims by third parties arising from the infringement of industrial property rights.
14.5 In such a case, the Client shall indemnify Krenn-Smt against all resulting damages, costs, and expenses, including reasonable legal fees, and shall provide reasonable advances upon request.
14.6 The Client is responsible for compliance with all national and international export, customs, foreign trade, embargo, sanctions, and foreign exchange regulations.
14.7 In the case of the export and re-export of goods, particularly those originating in the United States, the applicable legal provisions must be observed. The Client must obtain any necessary permits at its own expense.
14.8 If necessary permits are denied for reasons beyond Krenn-Smt’s control, Krenn-Smt is entitled to withdraw from the contract. In such cases, the customer’s claims for damages are excluded to the extent that Krenn-Smt is not responsible for the denial.
14.9 Krenn-Smt is entitled to suspend or refuse deliveries and services to the extent that performance is precluded by national or international export control, embargo, sanctions, or other foreign trade regulations, or if performance depends on the issuance of official permits that have not been granted.
14.10 The Client is obligated to provide Krenn-Smt, upon request, with all information, documents, end-use declarations, and evidence necessary for the export control review without delay. As long as these are not complete, Krenn-Smt is entitled to suspend the provision of services without liability.

15. Phone and Remote Support

15.1 Telephone and remote support provided by Krenn-Smt is offered solely as advisory assistance and does not guarantee successful troubleshooting.
15.2 Support services are subject to a fee for sessions lasting 15 minutes or longer and are billed based on actual time spent in accordance with the currently valid service price list .
15.3 The implementation of recommended actions, instructions, or guidance is the sole responsibility of the client.
15.4 In particular, Krenn-Smt shall not be liable for damages resulting from measures carried out on the basis of instructions provided by telephone, electronically, or via remote access, unless Krenn-Smt is mandatorily liable pursuant to Section 9.
15.5 Telephone or remote support does not replace a professional on-site inspection. In case of doubt, Krenn-Smt recommends an on-site diagnosis.
15.6 A prerequisite for remote support is that the client creates a current data backup before work begins and provides the system permissions required for access.
15.7 In the event of data loss, Krenn-Smt shall only be liable to the extent that the client has performed a proper backup at reasonable intervals, at least once a day, and the data loss would have occurred even with a proper backup. In all other respects, Section 9 applies.
15.8 Krenn-Smt is only obligated to meet response, intervention, troubleshooting, or restoration times if these have been expressly agreed upon in writing. Information regarding estimated response or callback times is non-binding unless expressly designated as binding.

16. Place of Performance, Jurisdiction, and Governing Law

16.1 The place of performance for all services is Ingolstadt.
16.2 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or if the Client has no general place of jurisdiction within Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be the registered office of Krenn-Smt. Krenn-Smt retains the right to sue the client at the client’s general place of jurisdiction. Mandatory statutory exclusive places of jurisdiction remain unaffected.
16.3 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

17. Final Provisions

17.1 Should any provision of these Terms and Conditions be or become invalid, unenforceable, or void in whole or in part, the validity of the remaining provisions shall remain unaffected.
17.2 The invalid, unenforceable, or void provision shall be replaced by the applicable statutory provision. To the extent permitted, it shall be replaced by a valid provision that most closely approximates the economic purpose of the invalid provision.
17.3 Amendments and supplements to these General Terms and Conditions as well as to the respective contract must be made in writing. This also applies to the waiver of this written form requirement. The priority of individual agreements remains unaffected.
17.4 Krenn-Smt processes the personal data of the Client as well as the personal data of the Client’s designated contacts, employees, or other persons client, exclusively in accordance with applicable data protection regulations, to the extent that this is necessary for the initiation, performance, and fulfillment of the contractual relationship, for deliveries and services, for support and service calls, for invoicing, the enforcement or defense against claims, and to fulfill legal obligations. Krenn-Smt’s privacy policy is available at https://www.krenn-smt.com/de/meta/datenschutz.
17.5 Krenn-Smt is entitled to amend these Terms and Conditions with effect for existing framework agreements, maintenance agreements, support agreements, and ongoing contractual relationships, provided that the amendment is necessary due to changes in the law, changes in case law, changes in technical or logistical conditions, changes in market conditions, or to close regulatory gaps that have arisen subsequently, and does not unreasonably disadvantage the Client. Krenn-Smt shall notify the Client of the changes in writing at least 6 weeks before their planned effective date. If the Client does not object to the amendment in writing within 4 weeks of receiving the notice, the amendments shall be deemed approved, provided that Krenn-Smt specifically draws the Client’s attention to this in the notice of amendment. If the Client objects within the deadline, the contract shall remain in force under the previous terms; in this case, Krenn-Smt is entitled to terminate the relevant continuing obligation or the framework agreement with four weeks’ notice to the end of the month, provided that Krenn-Smt does not agree to maintain the contract unchanged.
17.6 We reserve the right to make technical changes as well as changes to the design, form, and execution within reasonable limits, provided that such changes do not materially affect the subject matter of the contract.
17.7 We reserve the right to correct errors, in particular typographical and calculation errors.