(1) These General Terms and Conditions (the “GTC”) apply to all contracts concluded between Seteco, represented by Hartmut Seeger, Hauptstrasse 64, 79348 Freiamt, Germany (“Seteco”, “we” or “us”), and the customer (“Customer” or “you”) in connection with the arrangement of technical services and the intermediary services relating to used or refurbished machinery and spare parts.
(2) These GTC apply exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code (Buergerliches Gesetzbuch – “BGB”).
(3) The contractual relationship is governed by the individual agreements between the parties, our order confirmation and these GTC. Individual agreements take precedence over these GTC.
(4) The version of these GTC in force when the relevant contract is concluded shall apply.
(5) Any terms and conditions of the Customer that deviate from or supplement these GTC shall apply only if we have expressly agreed to them in text form. This also applies where we perform a contract without expressly objecting to the Customer’s terms and conditions.
(1) We arrange technical services, including remote maintenance and on-site services, which are performed by independent third-party service providers. Unless expressly agreed otherwise in the individual contract, we act solely as an intermediary and are not a party to the service contract between the Customer and the third-party service provider. This does not affect our liability for the proper performance of our own intermediary obligations.
(2) We may arrange transactions involving used or refurbished machinery and spare parts as an intermediary, commercial agent or distributor, as specified in the individual contract. Unless the individual contract expressly identifies Seteco as the seller, we are neither the seller nor the owner of the machinery or spare parts. In that case, claims concerning condition, quality or functionality must be asserted against the relevant seller, subject to Section 10 below.
(3) Products and services cannot be purchased directly through our website. The website is provided for information purposes and enables prospective customers to submit enquiries.
(4) We may expand or restrict the range of services and products presented on our website at any time, subject to applicable law. Any such change shall not affect contracts already concluded.
(1) Unless expressly stated otherwise, our quotations and other proposals are non-binding and subject to change.
(2) The presentation and promotion of products and services on our website do not constitute a binding offer to conclude a purchase agreement or service agreement.
(3) Enquiries and orders may be submitted only by email, unless another method is expressly agreed.
(4) Unless a different period is stated in the quotation, the Customer shall remain bound by its order for two weeks after we receive it.
(5) A quotation issued by us does not constitute a binding contractual offer unless it is expressly designated as binding. As a rule, the Customer’s order constitutes the binding offer to conclude the relevant contract.
(6) We shall confirm receipt of the Customer’s order by email without undue delay. An acknowledgement of receipt does not constitute acceptance unless the email expressly states that the order has been accepted.
(7) A contract is concluded when we accept the Customer’s order by issuing an order confirmation in text form or, where appropriate, by commencing delivery or performance and notifying the Customer accordingly. The order confirmation shall describe the agreed services or products, prices and payment terms.
(8) Changes or additions to an order after the contract has been concluded require the agreement of both parties in text form. Prices and delivery or performance dates may be adjusted only by mutual agreement or where the adjustment results from a change requested by the Customer or from circumstances expressly provided for in the individual contract.
(1) We arrange technical services, including remote maintenance and on-site services, through independent third-party service providers. The third-party service provider is responsible for the proper performance of the services it has contractually undertaken. We remain responsible for the proper performance of our own intermediary obligations, including any selection or information duties that we have expressly assumed.
(2) Claims relating to defects in, or the performance of, a third-party service must be asserted directly against the relevant service provider. We shall provide reasonable assistance in establishing contact but do not assume the service provider’s obligations or liability.
(1) We arrange transactions involving used or refurbished machinery and spare parts as an intermediary, commercial agent or distributor, as specified in the individual contract. Unless Seteco is expressly identified as the seller, Seteco does not acquire or transfer title to the relevant machinery or spare parts.
(2) Where Seteco is not the seller, claims relating to defects or other claims concerning the machinery or spare parts must be asserted directly against the relevant seller or manufacturer. We shall provide reasonable assistance in establishing contact but do not assume the seller’s or manufacturer’s obligations or liability.
(1) Our intermediary service consists of carrying out the agreed intermediation activities. The intermediary service is deemed completed once those activities have been performed and any directly related enquiries have been addressed. The Customer shall provide all information required for performance truthfully, completely and in good time.
(2) We shall perform our own services with reasonable skill and care and in accordance with the professional standards applicable to the agreed service. Unless expressly agreed in writing, no specific commercial, technical or other outcome is guaranteed.
(3) Information materials, reports and analyses prepared by us may be used by the Customer only for its own internal business purposes. Unless otherwise agreed, the Customer receives a non-exclusive, non-transferable right of use limited to the purpose of the relevant contract. Materials prepared specifically for the Customer may not be made available to third parties without our prior consent.
(4) All materials supplied by us, including website content and other documents, are protected by copyright and other intellectual property rights. Except to the extent permitted by the right of use granted under subsection (3) or by mandatory law, the Customer may not reproduce, distribute, make publicly available or otherwise exploit such materials. The Customer may not make photographic, video or audio recordings of our service methods without our prior express consent.
(5) The successful provision of services requires cooperation by the Customer. The Customer is not obliged to implement recommendations made by us; however, any actions or measures taken by the Customer in connection with such recommendations remain within the Customer’s own area of responsibility.
(6) We may postpone performance if we or a third-party provider engaged by us are prevented from performing on the agreed date by circumstances beyond our reasonable control, including civil unrest, strikes, lockouts, natural disasters, severe weather, transport disruption or illness. We shall inform the Customer without undue delay and use reasonable efforts to agree a replacement date. Claims for damages are excluded to the extent that neither we nor our agents are responsible for the impediment; mandatory liability under Section 11 remains unaffected.
(7) Images and descriptions of products and services on our website are for illustrative purposes only and constitute approximate information unless a particular specification has been expressly agreed as binding.
(8) We may make reasonable changes to the content or sequence of a service for technical or professional reasons, including updates or further development, provided that the essential character of the agreed service is not materially altered and the change is reasonable for the Customer.
(9) We may engage subcontractors or other third parties to perform all or part of our own contractual obligations. We remain responsible for the performance of our own obligations in accordance with the contract and applicable law.
(1) All prices stated in our quotations are net prices and are exclusive of statutory value added tax. The applicable payment terms shall be specified in the individual contract or invoice.
(2) Unless otherwise agreed or stated in the invoice, the purchase price or service fee is due in full within 14 days after receipt of the invoice and must be paid to the account specified by us.
(3) If the Customer is in default of payment, we may charge default interest and reasonable reminder costs in accordance with the statutory provisions.
(4) The Customer may set off claims against our claims only if the Customer’s counterclaims are undisputed, have been finally adjudicated or arise from the same contractual relationship.
(5) The Customer may exercise a right of retention only in respect of counterclaims arising from the same contractual relationship.
(1) The term of a service agreement shall be set out in the individual contract. If the contract concerns a one-off service, this shall be stated in the contract and subsections (2), (4) and (5) of this Section 8 shall not apply.
(2) An ordinary termination must be received by the other party in text form no later than one month before the end of the applicable contractual term, unless the individual contract provides otherwise.
(3) The right of either party to terminate for good cause remains unaffected.
(4) Unless otherwise agreed, a fixed-term service agreement that is not terminated in accordance with subsection (2) shall renew for a further period equal to the original contractual term.
(5) Following renewal, the agreement may be terminated by giving one month’s notice to the end of the renewed contractual term. Notice of termination must be given in text form.
(6) The cancellation of an order already in progress requires the agreement of both parties in text form. We may charge reasonable compensation for services already performed and costs already incurred, subject to the applicable statutory provisions and the individual contract.
(1) Where products are sold by a third-party seller, any retention of title is governed by the agreement between the Customer and that seller.
(2) Where Seteco is expressly identified as the seller, title to the products delivered by Seteco shall remain with Seteco until the purchase price has been paid in full.
(1) Where Seteco acts solely as an intermediary and is not the seller or service provider, claims relating to defects in products or third-party services must be asserted against the relevant seller or service provider. This does not affect claims arising from a breach of Seteco’s own intermediary obligations.
(2) Where Seteco is expressly identified as the seller, the statutory rights relating to defects shall apply. For used goods sold by Seteco to an entrepreneur, the limitation period for statutory defect claims is one year from delivery. This reduction does not apply to claims based on intent or gross negligence, injury to life, limb or health, fraudulent concealment of a defect, an express guarantee, liability under the German Product Liability Act or any other liability that may not be limited by law.
(3) Any seller’s guarantee provided by Seteco or manufacturer’s guarantee provided by a manufacturer is in addition to the statutory rights relating to defects. The scope and conditions of a guarantee are determined exclusively by the relevant guarantee statement. A manufacturer’s guarantee does not create obligations for Seteco beyond those expressly assumed by Seteco.
(1) We shall be liable without limitation in accordance with the statutory provisions for losses caused intentionally or through gross negligence by us, our legal representatives or our vicarious agents.
(2) In cases of ordinary negligence, we shall be liable only for breach of a material contractual obligation, meaning an obligation whose performance is essential to the proper performance of the contract and on whose performance the Customer may regularly rely. In such cases, liability is limited to the foreseeable loss typical of the contract.
(3) The limitations and exclusions of liability in these GTC do not apply to liability for injury to life, limb or health, liability under the German Product Liability Act, liability resulting from the fraudulent concealment of a defect, liability arising from an expressly assumed guarantee or any other mandatory statutory liability.
(4) To the extent that our liability is excluded or limited, the same exclusion or limitation applies to the personal liability of our employees, representatives and vicarious agents.
(1) We retain all ownership rights, copyrights and other intellectual property rights in quotations, illustrations, drawings, calculations and other documents supplied by us. Documents marked as confidential may be disclosed to third parties only with our prior express consent in text form.
(2) Unless otherwise agreed in the individual contract, all copyrights and other intellectual property rights in digital products created by us remain with us. We grant the Customer the non-exclusive, non-transferable rights of use required to use those digital products for the purpose of the agreed services.
(1) We process personal data in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act and other applicable data protection laws.
(2) Personal data may be processed where necessary to take steps prior to entering into a contract, to perform a contract, to comply with legal obligations or to pursue legitimate interests. Where consent is legally required, processing shall take place only on the basis and within the scope of valid consent.
(3) To the extent necessary to arrange or perform the requested transaction or service, personal data may be disclosed to relevant service providers, sellers, manufacturers, logistics providers, professional advisers or other recipients. Further details, including the purposes of processing, legal bases, retention periods and data-subject rights, are set out in our Privacy Policy.
(4) Our current Privacy Policy is available at https://seteco.de/datenschutz/.
(1) These GTC and the contractual relationship between Seteco and the Customer are governed by the laws of the Federal Republic of Germany.
(2) If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the courts at Seteco’s place of business shall have exclusive jurisdiction, to the extent permitted by law. In all other respects, local and international jurisdiction shall be determined by the applicable statutory provisions.
(3) Individual agreements made with the Customer in a specific case take precedence over these GTC. Amendments and additions to a contract should be recorded in text form for evidentiary purposes. This does not affect the validity or priority of individual agreements, including legally valid oral agreements.
(4) If any provision of these GTC or of an individual contract is or becomes wholly or partly invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the applicable statutory provision. If no statutory provision applies, the parties shall agree a valid provision that comes as close as legally possible to the commercial purpose of the invalid provision.
(5) Where these GTC require text form, email is sufficient unless the law or the individual contract requires a stricter form.
