Endress furnaces

1. Scope of Application 

1.1. Our GTC apply only to business entities, legal entities under public law, and special funds under public law. 

1.2. Our GTC apply exclusively. Any deviating terms and conditions of the customer shall not be recognized unless we have expressly agreed in writing to the validity of the customer’s deviating terms and conditions. Our GTC shall also apply if we carry out the delivery to the customer without reservation despite being aware of terms and conditions of the customer that conflict with or deviate from our GTC. 

1.3. Our GTC also apply to all future transactions with the customer, even if no express reference is made to them. 

2. Quotations, Order Confirmations, Quotation Documents 

2.1. We are bound by our offers and cost estimates for 14 days, unless expressly agreed otherwise. 

2.2. The order constitutes a binding offer. We may accept this offer within two weeks either expressly or by shipping the goods to the customer and—if agreed—installing them. 

2.3. We reserve all ownership and copyright rights to all documents prepared by us (e.g., cost estimates, drafts, sketches, drawings, plans, models, calculations). Such documents may not be used, reproduced, or made available to third parties without our consent and must be returned to us upon request. 

3. Scope of Delivery and Services 

3.1. Our written order confirmation shall be exclusively decisive for the scope of delivery and services. 

3.2. The customer or the building owner must obtain approval for the installation and operation of the systems to be delivered by us from the competent authorities at their own expense. 

3.3. For deliveries abroad, the customer must handle any import formalities themselves and bear all import duties (e.g., customs duties) as well as other costs arising from the import. Import or foreign exchange restrictions imposed by the foreign country do not affect the validity of our contract with the customer. If acceptance is thereby rendered impossible for the customer or if the customer refuses acceptance, the customer shall compensate us for all resulting damages. 

4. Prices 

4.1. The prices quoted by us are net prices ex works. They do not include the costs of packaging, transport, transport insurance, installation, and assembly, nor do they include the applicable statutory value-added tax. The applicable statutory value-added tax will be charged separately in each case. 

4.2. Changes in the sales tax rate entitle us to adjust prices in accordance with the change in the sales tax rate. 

4.3. The Contractor reserves the right, in the case of contracts with an agreed delivery period of more than 4 months from the conclusion of the contract, to increase prices in line with any increases in labor costs or material prices that have occurred. If the increase exceeds 5% of the agreed price, the Customer has the right to terminate the contract. 

5. Payments 

5.1. Unless otherwise expressly agreed in writing, 30% of the total price is due upon order confirmation, a further 60% is due when the goods are ready for delivery, and the remaining 10% is due upon successful commissioning, but no later than 30 days after delivery or 60 days after the goods are ready for delivery. 

5.2. The costs or prices invoiced for freight, installation, and other services are due for payment immediately upon receipt of the invoice by the customer, without deduction. 

5.3. The customer must settle the claims arising from our deliveries and services by cash payment to us or by bank transfer and crediting one of our business accounts. If we receive checks from the customer, we accept them on account of performance, subject to final clearance. Payment is not considered made until the check has been definitively credited to our account—without the possibility of a chargeback by the bank. 

5.4. Our representatives are not authorized to collect payments. They are not authorized to grant payment extensions. In the event of a delay in payment by the customer, interest will be charged at a rate currently 9 percentage points above the applicable base rate. Higher interest rates may also be charged on other legal grounds. The assertion of further damages resulting from the delay in payment is not excluded. The customer may only set off against claims that have been legally established, are undisputed by us, or are ready for decision and are based on the same legal relationship. 

5.5. If the customer remains in arrears with his payment obligation for more than 14 days after the due date, or if he suffers financial collapse, or if insolvency proceedings are filed against his assets, opened, or rejected due to lack of assets, we are entitled to make any outstanding deliveries only against advance payment or security, and to withdraw from the contract in the event of the customer’s refusal. 

6. Delivery 

6.1. All delivery dates are binding only if we have expressly confirmed them in writing. 

6.2. The start of the delivery period is contingent upon the clarification of all technical issues and the availability of all necessary approvals and clearances. Compliance with our delivery obligation is further contingent upon the timely and proper fulfillment of the customer’s obligations; in particular, this includes receipt of the down payment by us. We reserve the right to invoke the defense of non-performance of the contract. The delivery period is deemed met if, by its expiration, the delivery item has left the factory or is ready for delivery and the customer has been notified. In any case, default shall only occur after we have received a written reminder with a reasonable grace period. 

6.3. Delivered goods must be accepted by the customer, even if they are delivered late. 

6.4. Compensation for damages due to exceeding a bindingly agreed delivery deadline is limited to foreseeable and typical damages and arises only if we are responsible for the delay. In cases of slight negligence, the claim for compensation for damages resulting from the delay is limited to 5% of the agreed order price. 

6.5. In the event of unavoidable circumstances (force majeure) for which we are not responsible, occurring at our premises, those of our suppliers, or at third-party facilities upon which the maintenance of our operations or our ability to deliver depends, we shall be entitled to withdraw from the contract in whole or in part. Such events include, in particular, war, riots, transport delays, operational disruptions, delayed delivery of materials by suppliers, lockouts, or strikes. We are obligated to inform the customer immediately of the unavailability of the service. In the event of withdrawal from the contract for any of the aforementioned reasons, the customer has no claim for damages against Endress Holzfeuerungsanlagen GmbH. 

7. Shipping, Transfer of Risk 

7.1. Deliveries are made ex works, meaning that the shipment of the goods is at the customer’s expense and risk, unless otherwise specified in the order confirmation. 

7.2. Risk passes to the customer when the goods have left the factory, meaning when we have delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment. 

7.3. If shipment is delayed due to circumstances beyond our control, the risk passes to the customer on the day the goods are ready for delivery and the customer is notified thereof. 

8. Transport Insurance, Transport Damage We are entitled, but not obligated, to take out transport insurance at the customer’s expense. The sum insured is based on the value of the goods. If goods are delivered with obvious transport damage, the customer is required to report such damage to the carrier (e.g., railway, postal service, or freight forwarder) as soon as possible and to contact us immediately so that we can assert claims against the carrier or any applicable transport insurance. The customer’s statutory rights and obligations are not thereby restricted. 

9. Installation, Commissioning, and Assembly 

9.1. If we receive and accept an order to perform installation work, we will invoice the installation based on the time spent, at our hourly rates plus the applicable statutory sales tax. Standard overtime and holiday surcharges apply for work performed on Sundays and public holidays. Travel time must be fully reimbursed in addition to transportation costs. Accommodation costs and other expenses are also to be borne by the customer. Our installation services do not include any masonry or chiseling work for openings, installation openings, and recesses, as well as electrical installation, including the supply and routing of electrical cables from the control cabinet to the drive elements and sensors, and the entire water-side heating installation, including return flow elevation, safety devices, heating circuit and pump control with the associated pumps, mixers, valves, and heating pipes. Scaffolding, forklifts, and crane trucks are to be provided by the client. 

9.2. We are entitled to engage contracted installers and subcontractors to perform installation work. 1

0. Support Services and Compensation 

10.1. General Fee Policy: Unless otherwise agreed in writing (e.g., a remote support contract or maintenance contract), support services (telephone consultation, fault diagnosis, remote maintenance) are subject to a fee. 

10.2. Composition of Fees: The fee consists of a one-time processing fee per support case and time-based billing for the technician’s working hours. Payment is based on the currently valid price list. 10.3. Start of billing: Billing begins when a technician answers the call or when the remote maintenance connection is established. 

10.4. Technical Limitation: The customer acknowledges that, for technical reasons, remote maintenance is often not possible for older systems. In such cases, support is provided exclusively by telephone or on-site; the obligation to pay for the time spent remains in effect even if remote maintenance is technically impossible or spare parts are unavailable. 

10.5. Availability and Third-Party Systems: The provision of the remote maintenance system is subject to the availability of the necessary third-party technical infrastructure. Endress Holzfeuerungsanlagen GmbH assumes no warranty or liability for the continuous, uninterrupted availability of these services, provided that the interruption is beyond the control of Endress Holzfeuerungsanlagen GmbH. This applies in particular to the permanent discontinuation of the service by the third-party provider. In the event of a permanent discontinuation of the service by the third-party provider or a necessary technological conversion of the remote maintenance system, Endress Holzfeuerungsanlagen GmbH is entitled to discontinue the provision of remote maintenance services via the existing system. If Endress Holzfeuerungsanlagen GmbH offers an alternative technical solution, the associated costs (e.g., for new hardware, licenses, and the labor time required for setup and conversion on-site or via remote access) shall be borne by the customer. The customer has no right to a free migration or to the continued use of a specific interface technology. 

11. Retention of Title 

11.1. Delivered items remain our property until full payment of the purchase price. We reserve title to delivered items until all claims—including those arising in the future—that we have against the customer arising from the business relationship have been satisfied. The retention of title also extends to the acknowledged balance, insofar as we post claims against the customer to a current account (current account retention). 

11.2. The customer is obligated to treat the purchased goods with due care; in particular, the customer is obligated to insure them at their own expense against fire, water, and theft damage at replacement value. If maintenance and inspection work is required, the customer must carry it out in a timely manner at their own expense. 

11.3. The customer is obligated to notify us immediately in writing of any attachments of the goods subject to retention of title or other interventions by third parties and to inform the attaching creditors of our retention of title so that we may file a lawsuit pursuant to Section 771 of the German Code of Civil Procedure (ZPO). To the extent that the third party is unable to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us. 

11.4. The customer may resell or process the delivered items in the ordinary course of business, unless the customer has already effectively assigned the claim against its contractual partner to a third party in advance or has agreed to a prohibition on assignment. To secure the fulfillment of our claims, the customer hereby assigns to us in advance all claims, including those arising in the future, in the amount of the final invoice amount including value-added tax, arising from the resale of the delivered items, together with all ancillary rights, in the amount of the value of the items delivered by us, with priority. We hereby accept the customer’s declarations of assignment. 

11.5. If goods subject to retention of title are incorporated as essential components into the customer’s real property, the customer hereby assigns to Endress Holzfeuerungsanlagen GmbH, as security for the fulfillment of our claims, all claims arising from the sale of the real property or real property rights in the amount of the invoice value of the goods subject to retention of title, together with all ancillary rights. 

11.6. If the goods subject to retention of title are installed by the customer or on the customer’s behalf as essential components in the property of a third party, the customer hereby assigns to Endress Holzfeuerungsanlagen GmbH any claims for remuneration arising against the third party or the party concerned, in the amount of the invoice value of the goods subject to retention of title, together with all ancillary rights. 

11.7. In the event of processing, combining, or mixing the goods subject to retention of title with other items by the customer, we shall be entitled to 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. If the combination or mixing is carried out in such a way that the customer’s item is to be regarded as the principal item, it is agreed that the customer shall transfer co-ownership to us on a pro-rata basis. The customer is obligated to hold our sole ownership or coownership in safekeeping for us free of charge. 

11.8. We are obligated to release the security to which we are entitled at the customer’s request to the extent that the value of the security exceeds the claims to be secured by more than 10%. 

12. Warranty 

12.1. Section 377 of the German Commercial Code (HGB) applies to commercial transactions with merchants as defined by the HGB. 

12.2. The statute of limitations for claims for defects is 12 months. 

12.3. Our warranty for the proper functioning of the machines and systems we deliver applies only if no structural, technical, or other modifications have been made to the data originally provided to us or used as the basis for the order. Should such modifications occur, we are released from the warranty to that extent. 

12.4. If a defect in the purchased item exists, we are entitled, at our discretion, to provide subsequent performance in the form of rectification of the defect or delivery of a new, defect-free item. In the event of rectification of the defect or replacement delivery, we are obligated to bear all expenses necessary for the purpose of subsequent performance, in particular transportation, travel, labor, and material costs, provided that these are not increased by the fact that the purchased item has been moved to a location other than the place of performance. 

12.5. If the rectification fails, the customer may, at their discretion, demand a price reduction or, unless the liability for defects relates to construction work, withdraw from the contract. 

12.6. To the extent that the components, machines, and systems are connected to other components from third-party suppliers and thereby become part of the overall system, we shall only assume a warranty for the functionality of the entire system with respect to the systems and components we have supplied if the design and calculation of the entire system were carried out entirely by us and we have provided an express written warranty commitment for the entire system in this regard. 

12.7. We assume no liability for damage resulting from unauthorized commissioning or modifications without our express consent, improper or rough handling, excessive strain, inadequate maintenance, unsuitable and non-permitted fuels, unsuitable operating materials, natural wear and tear, or external influences. 

13. Return of Spare Parts The customer is entitled to return original, unopened, and unused spare parts to us within 14 days of receiving the goods. The return of the goods to us is at the customer’s expense and risk. A credit note will be issued minus a processing fee of 15% of the value of the returned goods. Custom-made products and goods that were individually manufactured at the customer’s request are excluded from the right of return. 

14. Liability provisions 

14.1. Unless otherwise agreed below, our liability for damages—in particular for negligence during contract negotiations, for other breaches of duty, or for tortious claims for compensation for property damage pursuant to Section 823 of the German Civil Code (BGB), as well as for indirect or consequential damages, including lost profits—is limited to the coverage amount of our liability insurance. The customer may inquire with us regarding the coverage limit of our liability insurance. 

14.2. In the event of a breach of essential contractual obligations due to slight negligence—the fulfillment of which is essential for the proper performance of the contract and on which the customer may regularly rely (so-called cardinal obligations)—our liability for further claims is limited to compensation for foreseeable, contract-typical damages. 

14.3. Otherwise, except in cases of intent or gross negligence, we are not liable for indirect or consequential damages, in particular for lost profits. 

14.4. Sections 13.1 through 13.3 do not apply in cases of intent or gross negligence on our part, on the part of a legal representative, or on the part of one of our vicarious agents. 

14.5. Our liability under the provisions of the Product Liability Act remains unaffected by the foregoing provisions of Sections 13.1 through 13.3. Furthermore, the foregoing sections apply January 13 through March 13, except in cases of culpable injury to life, limb, or health, or in the event of a breach of warranty by us, our legal representative, or our vicarious agents. 1

5. Place of Performance Unless expressly agreed otherwise, the place of performance is D-91593 Burgbernheim. 

16. Governing Law, Jurisdiction 16.1. Substantive German law applies, excluding the CISG and excluding international private law. 16.2. If the customer acts as a merchant within the meaning of the German Commercial Code (HGB), the place of jurisdiction is the registered office of Endress Holzfeuerungsanlagen GmbH. However, we are also entitled to sue the customer at the customer’s general place of jurisdiction. 

As of March 2026