+49 (0) 6471 41804 DE

Imprint

Address

lewema GmbH
Auf dem alten Berg 3-4
35796 Weinbach
Phone: 06471 41804
Fax: 06471 38489
E-Mail: info@lewema.de

Managing Directors: Matteo Melcon, Iwan Ritter
VAT Identification Number: DE162628131
Tax Number: 03884130149
District Court Weilburg Registration Number: HRB 3192

lewema GmbH – General terms and conditions

  • General
    1. These terms and conditions apply to all contracts, deliveries, and other services, including consulting services, information, etc., as well as business/contractual services between the contractual partners, which are not individually negotiated. Negotiated terms, side agreements, and assurances require written confirmation by lewema GmbH to be effective.
    2. Information, drawings, illustrations, technical data, weight, size, and performance descriptions in brochures, catalogs, circulars, advertisements, price lists are non-binding unless expressly stated as binding.
  • I. Offer
    Documents associated with the offer, such as images, drawings, weight, and size specifications, are only approximately decisive unless explicitly stated as binding. The supplier retains ownership and copyright over cost estimates, drawings, and other documents; they may not be disclosed to third parties.
  • II. Scope of delivery
    The scope of delivery is determined by the written order confirmation of the supplier, or in the case of a time-bound offer from the supplier and timely acceptance, the offer, unless a timely order confirmation is provided. Side agreements and changes require written confirmation from the supplier.
  • III. Price and payment
    1. The prices apply, unless otherwise agreed, ex works, including loading at the supplier's premises, but excluding packaging. VAT at the applicable statutory rate will be added to the prices.
    2. Unless otherwise agreed, payment is due immediately in cash without any deduction, to the supplier's payment office.
    3. Withholding payments or offsetting against any counterclaims disputed by the supplier is not permitted.
  • IV. Delivery time
    1. The delivery time and dates are always approximate and non-binding, beginning with the dispatch of the order confirmation, but not before the submission of the documents, approvals, releases, or agreed-down payment by the purchaser.
    2. The delivery deadline is met if the delivery item leaves the factory or the order confirmation is communicated before its expiration.
    3. The delivery time is extended accordingly in case of strikes, lockouts, or other unforeseen obstacles outside the supplier's control that significantly affect the completion or delivery of the product. This applies even if such circumstances occur with subcontractors. The supplier is not responsible for such events, even if they arise during an existing delay. The supplier will notify the purchaser of the start and end of such obstacles as soon as possible in important cases. Claims for damages due to delayed delivery cannot be made.
    4. The adherence to the delivery time requires the purchaser to fulfill their contractual obligations.
    5. The purchaser/buyer expressly waives the payment of a penalty unless separate written agreements exist.
  • V. Transfer of risk and acceptance
    1. The risk passes to the purchaser no later than upon dispatch of the delivery parts, even if partial deliveries occur or the supplier assumes other services, such as transport costs, delivery, and installation. Upon request from the purchaser, the supplier will insure the shipment against theft, breakage, transport, fire, water damage, and other insurable risks at the purchaser’s expense.
    2. If the dispatch is delayed due to circumstances attributable to the purchaser, the risk passes to the purchaser from the day the goods are ready for dispatch, but the supplier is obligated to insure, at the purchaser’s expense, the risks requested by the purchaser.
    3. Delivered items, even if they have minor defects, must be accepted by the purchaser, without prejudice to the rights from section VII.
    4. Partial deliveries are permissible.
  • VI. Retention of title
    1. Until all claims, including all balance claims from current accounts, that the supplier/seller has against the purchaser/buyer now or in the future are fulfilled, the following securities will be granted to the supplier/seller, which will be released at the purchaser’s request when their value exceeds the claims by more than 20%.
    2. The goods remain the property of the supplier/seller. Processing or transformation always occurs for the supplier/seller as the manufacturer, but without obligation to them. If the supplier’s/seller’s ownership ends due to connection, it is already agreed that the ownership of the purchaser/buyer in the unit will transfer proportionally (invoice value) to the supplier/seller. The purchaser/buyer holds the supplier’s/seller’s ownership free of charge. Goods in which the supplier/seller has ownership are referred to as reserved goods.
    3. The purchaser/buyer is authorized to process and sell the reserved goods in regular business dealings, as long as they are not in default. Pledges or security transfers are not allowed. Claims arising from the resale or other legal grounds (insurance, tort) regarding the reserved goods, including all balance claims from current accounts, are assigned by the purchaser/buyer to the supplier/seller as collateral in full. The supplier/seller authorizes the purchaser/buyer, revocably, to collect the claims assigned to the supplier/seller for their account in their own name. This collection authorization can only be revoked if the purchaser/buyer fails to meet their payment obligations.
    4. If third parties access the reserved goods, the purchaser/buyer must indicate the supplier’s/seller’s ownership and inform them immediately. The purchaser/buyer bears the costs and damages.
    5. If the purchaser/buyer engages in contract violations, especially in payment delays, the supplier/seller is entitled to take back the reserved goods or request the assignment of the purchaser’s/buyer’s claims against third parties for return. Taking back or seizing the reserved goods by the supplier/seller does not constitute a withdrawal from the contract, unless the installment law applies.
    6. The supplier/seller is entitled to insure the delivery item against theft, breakage, fire, water, and other damages at the purchaser's expense, unless the purchaser has provided proof of insurance.
  • VII. Liability for defects in delivery
    The supplier is liable for defects in delivery, including the absence of expressly guaranteed characteristics, under the exclusion of section IX.4, as follows:
    1. All parts that prove to be unusable or significantly impaired in their usability within 6 months (3 months in case of multiple shifts) after commissioning due to a pre-risk event – especially due to faulty design, poor materials, or defective workmanship – will be repaired or replaced free of charge, at the supplier’s discretion. The supplier must be informed of such defects in writing without delay, and replacement parts become the supplier’s property. If shipment, installation, or commissioning is delayed without fault by the supplier, liability expires no later than 6 months after the transfer of risk. For third-party products, the supplier’s liability is limited to the assignment of liability claims they have against the supplier of the third-party product.
    2. The purchaser’s right to make claims due to defects expires 12 months after timely notification, but no earlier than the end of the warranty period.
    3. No warranty is given for damages caused by the following reasons: unsuitable or improper use, faulty assembly or commissioning by the purchaser or third parties, natural wear, faulty or careless handling, unsuitable operating materials, replacement materials, defective construction work, unsuitable building ground, chemical, electrochemical influences, unless caused by the supplier’s fault. This applies to used machinery and systems of all types and for used or replacement parts installed at the customer’s request.
    4. The purchaser must allow the supplier the necessary time and opportunity to make all repairs or replacements that the supplier deems necessary; otherwise, the supplier is relieved from liability. In urgent cases threatening operational safety or to prevent disproportionate damages, where the supplier must be notified immediately, or if the supplier is in delay, the purchaser has the right to remedy the defect themselves through third parties and demand reimbursement of the necessary costs from the supplier.
    5. For repair or replacement, the supplier will bear the cost of the replacement part, including shipping, as well as reasonable costs for removal and reinstallation, and, if reasonably required, the cost of the supplier’s technicians and assistants. Otherwise, the purchaser bears the costs.
    6. The warranty period for the replacement part and repair is three months, but at least until the end of the original warranty period for the delivery item. The liability period for defects in the delivery item is extended by the duration of the operational interruption caused by the repairs.
    7. Changes or repairs made improperly without the supplier’s permission by the purchaser or third parties void the warranty for the resulting consequences.
    8. Further claims of the purchaser, especially for damages not caused to the delivery item itself, are excluded, unless legally required.
  • VIII. Return of delivered goods
    1. Return of goods is only possible if this was explicitly agreed with the supplier in advance. Return shipments must be prepaid, and the goods must be in perfect resaleable condition (not used, unused, undamaged). A restocking fee of 15% of the goods' value is charged for returned goods.
  • IX. Limitation of liability
    1. Any further claims by the purchaser, especially for damages not caused directly to the delivery item itself, are excluded. This applies not only to defects in the delivery item but also to other types of claims against the supplier, regardless of whether the claims arise from contractual liability or tort.
    2. In cases where the supplier is responsible for damages caused by the delivery item to other property of the purchaser, the liability is limited to damages that are typically foreseeable at the time the contract is concluded.
  • X. Final provisions
    1. These terms and conditions apply exclusively. Conditions that conflict with or differ from these terms and conditions are not recognized unless expressly agreed to by the supplier.
    2. The contract remains binding even if individual provisions are legally invalid.
    3. Only German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
    4. The place of performance and exclusive jurisdiction is the location of the supplier’s headquarters unless a different jurisdiction is mandatorily prescribed by law.
  • XI. Technical advice
    Our specific service conditions apply
  • XII. Jurisdiction
    For all disputes arising from the contractual relationship, if the manufacturer is a full merchant, a legal entity under public law, or a special public law asset, the lawsuit must be filed at the court responsible for the main office or the compulsory branch executing the delivery of the supplier. The supplier is also entitled to file a lawsuit at the main office of the purchaser.

Disclaimer

  1. Content of the Online Offer
    The website operator assumes no responsibility for the correctness, completeness, currentness, or quality of the information provided. Liability claims against the website operator regarding damages of a material or immaterial nature, which were caused by the use or non-use of the presented information or the use of incorrect or incomplete information, are generally excluded unless there is demonstrable willful or gross negligence on the part of the website operator. All offers are non-binding and subject to change. The website operator explicitly reserves the right to modify, supplement, delete parts of the pages or individual offers, or to temporarily or permanently discontinue the publication without prior notice.
  2. References and Links
    In the case of direct or indirect references to external websites ("links") that lie outside the responsibility of the website operator, liability would only be applicable if the website operator had knowledge of the content and it would have been technically possible and reasonable to prevent the use of illegal content. The website operator expressly declares that at the time the link was set, no illegal content was recognizable on the linked pages. The website operator has no influence on the current and future design, content, or authorship of the linked pages. Therefore, the website operator explicitly distances itself from all content of all linked pages that were modified after the link was set. This declaration applies to all links and references set within the own internet offer, as well as to foreign entries in company directories, guest books, discussion forums, and mailing lists established by the website operator. The opinion of linked pages may, but does not have to, represent our opinion, even if these comply with all laws and regulations and are not objectionable in any form. The provider of the page to which reference was made is solely liable for illegal, faulty, or incomplete content, and in particular for damages arising from the use or non-use of such provided information, not the one who merely refers to the respective publication via links.
  3. Copyright and Trademark Law
    The website operator strives to respect the copyrights of the graphics, sound documents, video sequences, and texts used in all publications, to use graphics, sound documents, video sequences, and texts created by themselves, or to refer to license-free graphics, sound documents, video sequences, and texts. All brands and trademarks mentioned within the internet offer and possibly protected by third parties are subject without restriction to the provisions of the respective applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that the trademark is not protected by third-party rights! The copyright for published objects created by the website operator remains solely with the website operator of the pages. Duplication or use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of the website operator.
  4. Data Protection
    If within the internet offer there is the possibility to enter personal or business data (email addresses, names, addresses), the disclosure of this data by the user is done on a voluntary basis. The use and payment of all offered services is - as far as technically possible, legally permitted, and reasonable - also allowed without providing such data or by providing anonymized data or a pseudonym. Please also refer to the information regarding the use of online contact.
  5. Legality of This Disclaimer
    This disclaimer is to be considered part of the internet offer from which this text was referenced. Should parts or individual formulations of this text no longer comply with the applicable legal situation, the remaining parts of the document will remain unaffected in their content and validity.


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