a) Offers and contracts between jumbo drying US LP and the client are based solely on these conditions in the German version. Any conflicting conditions are considered not agreed upon. We do not recognize any terms of the client that contradict or deviate from these General Terms and Conditions, unless we have expressly agreed to their validity in writing.
b) The General Terms and Conditions of jumbo drying US LP also apply if jumbo drying US LP, despite being aware of conflicting or deviating conditions of the client, carries out the delivery to the client without reservation.
c) These General Terms and Conditions also apply to contract extensions, additions, and side agreements, without the need for explicit notification.
d) Oral, telephone, or representative statements that do not correspond to the information in the valid price lists, as well as those for special orders, require written confirmation by jumbo drying US LP. You will receive an order confirmation, which may be replaced by the issued invoice for orders up to a value of USD 1000.00 or with short delivery times.
e) These sales conditions apply only to legal entities under public law, public-law special assets, and entrepreneurs within the meaning of § 310 paragraph 1 BGB.
a) The offer is non-binding unless otherwise stated in the order confirmation. The entrepreneur is bound by specially prepared offers for 30 calendar days from the date of the offer.
b) The illustrations, drawings, weight and dimension specifications, and other documents attached to the offer only describe the individual item and are not binding.
c) jumbo drying US LP reserves ownership and copyright rights to illustrations, drawings, weight and dimension specifications, and other documents. This also applies to written documents marked as „confidential.“ The client requires the express written consent of jumbo drying US LP before passing on the documents to third parties. The documents must be returned upon request.
d) The information on weights, dimensions, performance capabilities, and prices in catalogs, brochures, advertisements, and price lists is binding only if expressly confirmed in writing by us. All prices are non-binding and, unless otherwise stated in the valid price lists, exclude German VAT and are ex works.
e) Brochures and descriptions of equipment: The descriptions of goods in brochures or other descriptions are in no case a guarantee within the meaning of § 434 paragraph 1 BGB.
a) Information in offers and/or order confirmations of jumbo drying US LP, which are based on an obvious mistake, in particular a typographical or arithmetic error, do not bind, rather the obvious intended declaration applies.
b) If facts, in particular payment default regarding previous deliveries to the buyer, become known to the seller after conclusion of the contract, which, according to proper commercial judgment, indicate a significant deterioration in financial circumstances, the seller is entitled to request advance payment or corresponding securities and, in case of refusal, to withdraw from the contract, with invoices for already made partial deliveries becoming immediately due. If the buyer withdraws from a contract already confirmed in writing, jumbo drying US LP is entitled to invoice the buyer for all costs already incurred and services provided in the planning and production phase, plus 10% of the contract sum. All price information refers exclusively to US Dollar.
Orders or purchase orders addressed to jumbo drying US LP by the client require, unless a binding offer prepared by the contractor is already underlying, for the conclusion of a contract, the order confirmation by the contractor.
a) The prices do not include the statutory value-added tax.
b) The prices are ex works without the costs for packaging, delivery, assembly, and transport insurance and plus the statutory value-added tax.
c) jumbo drying US LP reserves the right to change prices accordingly if cost increases occur after the conclusion of the contract, especially due to wage agreements or material price changes. The cost change will be proven upon written request from the client.
d) If changes in the scope of the order occur at the client’s request during the processing period, jumbo drying US LP reserves the right to adjust the price and delivery date.
e) Bei For machines and equipment, payment without deduction of discounts is to be made as follows in the absence of a special agreement:
– for machine/equipment deliveries: 50% down payment upon receipt of the order confirmation within 7 working days, 50% upon notification of readiness for dispatch to the client.
– for technical services such as installation, assembly, repairs, and commissioning, etc. immediately after invoicing without any deduction.
– for spare parts and other consumables, payment is to be made immediately upon delivery without deduction of discounts.
f) If the client does not pay within this period, payment default occurs. In case of payment default, annual interest of 8% above the respective base rate of the European Central Bank will be charged. If the client does not pay the agreed price when due and there is a payment default, jumbo drying US LP is entitled to default interest at a rate of 2% above the base rate, but at least 5% per year (§§ 352, 353 HGB), based on the net order value.
g) The assertion of further or higher damages remains reserved. Acceptance of checks is only possible by special agreement.
a) Delivery periods begin, unless otherwise agreed, at the earliest upon conclusion of the contract. However, they do not start before receipt of the documents to be procured by the purchaser, complete order clarity, clarification of all technical issues, and agreement on the type of order, timely and proper fulfillment of the purchaser’s obligations, in particular the agreed down payment of 50% of the purchase price or other agreed payment, cooperation, and other ancillary obligations subject to correct and timely self-supply by jumbo drying US LP of materials and raw materials, etc.
b) Delivery periods are deemed met if, by their expiry, the goods leave the factory or warehouse of jumbo drying US LP, the goods are handed over to the carrier, or readiness for delivery is indicated.
c) In cases of force majeure and other unforeseeable and unavoidable damaging events, which jumbo drying US LP is not responsible for, especially due to operational disruptions, labor disputes, and unrest, delivery periods are extended appropriately by the duration of the disruption plus reasonable start-up times, to the extent that these disruptions demonstrably have a significant impact on the delivery of the goods. This also applies if these circumstances occur with the suppliers of jumbo drying US LP. jumbo drying US LP promptly informs the purchaser of the start and end of such obstacles.
d) Claims for damages by the purchaser due to delayed deliveries are excluded, insofar as they exceed 0.25% of the purchase price of the delayed delivery per completed week of the delivery delay, up to a maximum of 2% of the purchase price of the delayed delivery. This limitation does not apply if the delay is due to intent or gross negligence of jumbo drying US LP.
e) If the purchaser is in default of acceptance of the goods for 14 days, measured from the notification of readiness for dispatch, jumbo drying US LP may set a further deadline of 14 days for acceptance under threat of withdrawal from the contract and, after the deadline has expired, withdraw from the contract and dispose of the goods elsewhere. At the same time, jumbo drying US LP may demand lump-sum damages from the purchaser in the amount of 20% of the purchase price.
f) The assertion of further damages remains expressly reserved. During the period of default of acceptance, calculated from the notification of readiness for dispatch, the costs of storage, etc. are separately calculated, at least with 1.5% of the invoice amount for each commenced month. The purchaser is expressly permitted to prove that jumbo drying US LP has incurred no damage or depreciation as a result of the default of acceptance or that it is significantly lower than the lump sum.
g) If we are in default, the purchaser must set us a reasonable deadline in writing. After fruitless expiry of the deadline, he can withdraw from those deliveries and services that were not dispatched or reported ready for dispatch by the end of the deadline. Only if the partial services already provided are of no interest to the purchaser, he is entitled to withdraw from the entire contract.
h) If the purchaser incurs damage due to a delay based on our fault, we will compensate for the demonstrably incurred damage foreseeable at the time of contract conclusion, but not exceeding 5% of the value of the delayed or omitted performance or delivery. This limitation does not apply if we are liable in cases of intent or gross negligence. The purchaser’s right to withdraw after fruitless expiry of a reasonable deadline set by us remains unaffected.
The risk of accidental loss or deterioration of the goods passes to the client when jumbo drying US LP hands over the goods to the client or the carrier, or when the client is in default of acceptance. The provisions of § 447 BGB also apply if the shipment is made using the means of transport or employees of jumbo drying US LP or from a location other than the place of performance, regardless of who bears the freight costs.
Our technical services include installation and assembly, repair services for machines and controls, training of machine operators, and programming assistance for programmable machines.
a) Technical services are only provided to the extent specified in our order confirmation or otherwise agreed in writing with the client.
b) Our technical service personnel are not authorized to make legally binding statements. Only the agreements made in writing are valid.
c) The client is responsible for protecting delivered machines and parts from moisture, dust, and dirt. Preparatory work for assembly, repairs, and commissioning includes:
– Removal of preservation and cleaning
– Placing the machine on the appropriate foundation according to the operating instructions and anchoring bolts
– Pre-alignment of the machine
– Electrical connection of the machine according to VDE regulations and the operating manual
– Water connection
– Network connection
d) At the completion of assembly and repairs, the client must sign the corresponding protocol; for commissioning, the commissioning or acceptance protocol.
e) If assembly, repairs, or commissioning are delayed without our fault, the client bears all resulting costs, including waiting times and additional travels of our service personnel. This also applies if the delivered item is not used immediately after our work is completed or if the work we are supposed to do takes longer than agreed.
f) Travel costs of our service personnel are invoiced based on working hours.
g) When technical service personnel from our subcontractors are sent, the prices are based on our current price list, with a daily working time of 8 hours. Overtime, whether working, waiting, or travel hours, will be charged as extra hours.
a) The provider shall offer the customer technical support services related to the delivered products and/or services. These services may be rendered via telephone, email, remote access, or in the background.
b) Support services are generally subject to a fee unless expressly agreed otherwise in the contract or offer. The following models are available:
Model 1: Hourly-Based Support
Support is charged at €95.00 net per hour. Billing is calculated in 20-minute increments. Any started 20-minute interval will be billed as a full unit. Support is available on working days (Monday to Thursday) from 9:00 a.m. to 5:00 p.m., and Friday from 9:00 a.m. to 12:00 p.m. (CET).
Model 2: Monthly Flat-Rate Support
Alternatively, a monthly flat fee of €100.00 net may be agreed upon. This includes access to general (first-level) support during regular support hours. The exact scope of services covered by the flat rate will be defined contractually.
c) Support services may be provided either through direct communication with the customer or in the background, e.g., through system monitoring, error analysis, software updates, or preparatory troubleshooting activities.
d) Services rendered outside regular support hours or additional services not covered under the flat-rate agreement will be billed separately in accordance with Model 1, unless otherwise agreed.
e) The customer has no entitlement to support services outside the specified business hours. The provider may, at its sole discretion, offer support outside these hours in exceptional cases, but is under no obligation to do so.
f) The provider reserves the right to prioritize and address support requests based on urgency and importance. A guaranteed response time is only provided under separate agreements (e.g., a Service Level Agreement, SLA).
a) jumbo drying US LP does not provide any warranty for defects resulting from natural wear and tear, improper or negligent handling, improper storage, unsuitable or improper use, or failure to follow processing and usage instructions, as well as the use of improper operating materials. In particular, jumbo drying US LP does not provide any warranty for the operation of systems with flammable, explosive, corrosive, or other hazardous chemicals and substances, compounds, or products.
b) The accident prevention regulations must be complied with by the client. Corresponding security personnel must be trained. If the delivery is made according to drawings, specifications, samples, etc. provided by the client, the client assumes the risk of suitability for the intended purpose.
c) The client must promptly, but no later than 14 days after delivery of the goods, notify in writing of any obvious defects. Hidden defects must be promptly reported in writing upon discovery. The condition of the goods at the time of leaving the factory or our warehouse is decisive for the contractual condition of the goods.
d) jumbo drying US LP is entitled to choose between replacement delivery or rectification of defective goods. When choosing the type of rectification, the company must consider the nature of the defect and the legitimate interests of the client. The expenses required for rectification are to be borne by jumbo drying US LP. Additional costs resulting from the goods being transported to a location other than the client’s commercial branch headquarters are not to be borne by jumbo drying US LP, unless such transportation corresponds to the intended use of the goods.
e) The defective replaced parts become our property. Upon our request, the defective goods must be returned to us in their current condition or made available for inspection. If rectification repeatedly fails within a reasonable period, the client may choose to reduce the price, withdraw from the contract, or claim damages.
f) If the client withdraws from the contract, they are not entitled to any additional damages due to the defect. If only a part of the delivery is defective, the client can only withdraw from the entire contract if they have no interest in the remaining part of the delivery.
g) If the client chooses damages, the goods remain with the client if it is reasonable. Damages are limited to the difference between the purchase price and the value of the defective goods, unless jumbo drying US LP is not responsible for the breach of contract due to deceit.
h) Claims and rights due to a defect in the goods can only be asserted by the client within a warranty period of 12 months from the delivery of the goods.
i) If, for reasons attributable to the client, a system cannot be installed and/or put into operation within the agreed period, the system will be deemed accepted and/or delivered 30 days after notification of readiness for shipment.
a) Claims for damages by the buyer arising from fault in conclusion of contract, breach of contractual ancillary obligations, and unlawful acts are excluded, unless they are based on gross negligence of the seller or one of its vicarious agents.
b) This limitation of liability applies correspondingly to the buyer. In the event of a breach of material contractual obligations, the seller shall also be liable for slight negligence; in this case, however, its liability is limited to the compensation of foreseeable and typical damages.
c) These claims expire six months after receipt of the goods or acceptance of the service by the buyer. Claims under the Product Liability Act are not affected by the foregoing provision. The liability of the supplier for consequential damages of any kind is excluded to the extent permitted by law.
a) jumbo drying US LP reserves ownership of the delivered goods and services until full payment of all claims arising from the business relationship with the buyer, regardless of their nature or legal basis.
b) In the case of an ongoing account, the reserved ownership serves as security for the respective balance claim; otherwise, ownership is transferred.
c) Processing or combining the goods delivered by jumbo drying US LP, which are still owned by them, is done on behalf of jumbo drying US LP, without creating any obligations for them. If the buyer incorporates these goods into third-party products, jumbo drying US LP becomes a co-owner of the newly created products in proportion to the value of the goods supplied compared to the third-party goods used.
d) If the goods delivered by jumbo drying US LP are mixed or connected with other items, the buyer hereby assigns their ownership or co-ownership rights to the mixed inventory or new item to jumbo drying US LP and stores it free of charge with the necessary care for jumbo drying US LP.
e) The buyer is entitled to process and sell the reserved goods in the ordinary course of business as long as they are not in default. Pledges and transfers of security are not permitted. The buyer hereby assigns, as security, the claims arising from the resale or any other legal basis (insurance/tort) regarding the reserved goods, including all balance claims from current account, to jumbo drying US LP.
f) Jumbo drying US LP authorizes the buyer, revocably, to collect the assigned claims on their behalf in their own name. This collection authorization can only be revoked if the buyer has not properly fulfilled their payment obligations. In the event of third-party access to the reserved goods, the buyer shall indicate the ownership of jumbo drying US LP and notify them immediately. The buyer must defend against third-party access.
g) In the event of payment default – especially after dishonor of checks – jumbo drying US LP is entitled, without the need for corresponding judicial titles or authorizations, after asserting the retention of title, to take possession of the reserved goods by entering the business premises through authorized representatives who must identify themselves accordingly. The buyer bears the full cost of transport.
h) The buyer undertakes, if a check is not honored, upon request from jumbo drying US LP, to return the received goods in the remaining scope at their own cost and risk to jumbo drying US LP; in the repossession and seizure of the reserved goods by jumbo drying US LP – unless the Installment Purchase Act applies – does not constitute a withdrawal from the contract.
i) If the value of the retained securities exceeds 25%, jumbo drying US LP will, at the buyer’s request, release securities to that extent at their discretion. The buyer bears the burden of proof that the retained securities exceed 25%
j) If the reserved goods are connected by the purchaser with real estate or movable property, the purchaser, without the need for further special declarations, also assigns their claims, which accrue to them as compensation for the connection, with all ancillary rights as collateral up to the ratio of the value of the connected reserved goods to the other connected goods at the time of connection to the supplier.
k) The buyer undertakes not to disclose technical information, drawings, and program sources to third parties.
The legal relationships between jumbo drying US LP and its customers are exclusively governed by the law of the Federal Republic of Germany. The place of performance for our services is the registered office of jumbo drying US LP in Dillingen/Donau, which is also the place of performance for the customer’s services. If the customer is a merchant, a legal entity under public law, or a special public fund, our registered office is the exclusive place of jurisdiction, unless another legal place of jurisdiction exists.
jumbo drying US LP is authorized to process the data concerning the buyer contained in connection with the business relationship, regardless of whether it originates from the buyer themselves or from third parties, in accordance with the Federal Data Protection Act. This notice replaces the notification, in accordance with the Federal Data Protection Act, that personal data about the customer is stored and processed using data processing systems.
The customer agrees that jumbo drying US LP may include the client in their list of references after the completion of the order.
If a provision in these terms and conditions, or any other provision within other agreements, is found to be invalid, the validity of all other provisions or agreements shall not be affected.
This contract is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods.