Terms of service

1. General

1.1. Our terms and conditions of sale apply exclusively, including to future transactions with the customer. Any acknowledgement of deviating terms and conditions of our business partners must be made expressly and in writing.

1.2. Insofar as the terms and conditions of our foreign suppliers, which we will provide upon request, deviate from our terms and conditions, these shall also apply to the customer.

1.3. Notwithstanding the following provisions, our General Terms and Conditions of Service (AGB-Service) shall apply to service, maintenance and repair work.

2. Offers, prices, terms of payment

2.1. All offers are subject to change until the order is confirmed. Only the written content of the order confirmation shall apply; any deviating verbal agreements made during sales negotiations shall be disregarded, as shall any deviating cost estimates. If there are indications that our claim is at risk due to our customer's inability to pay, we may refuse performance until the customer has fulfilled its obligation to pay (e.g. advance payment).This shall also apply if the grounds for concern were already known to us at the time of conclusion of the contract.

2.2. Illustrations and descriptions of the delivered goods in brochures, price lists, catalogues, etc. are not binding for the execution. This also applies to deviations in colour, surface gloss and cover material due to different material properties or technical reasons. Material-related or otherwise unavoidable tolerances are also possible. We reserve the right to make deviations in the technical design.

2.3. Drafts, plans and drawings remain our property and may not be reproduced or made accessible to third parties without our consent. If the order is not placed, they must be returned to us on request.

2.4. Our prices are based on the currently valid price list and are quoted in EURO plus the applicable value added tax. Deliveries for the various product groups are made under the following conditions:

For all items in the range with a girth of up to 3 m for deliveries to Austria or 3.60 m for deliveries within Germany and a maximum weight of 31.5 kg, the delivery conditions listed in the current price list apply.

Delivery of items with a larger girth or of furnishings, e.g. therapy tables, Pilates equipment, training equipment, is always ex works.

All freight costs, such as cartage, area freight, delivery charges, etc., shall be borne by the recipient unless otherwise agreed. We reserve the right to choose the most favourable mode of shipment.

2.5. Packaging used for shipping will only be taken back if the customer returns the packaging to us free of charge.

2.6. The customer shall only be entitled to set-off rights if their counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, the customer shall only be entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

3. Freight, packaging, transfer of risk

3.1. The risk shall pass to the customer upon handover to the forwarding agent or carrier, but no later than upon leaving the factory or the distribution warehouse.

3.2. Transport insurance shall only be taken out on the instructions and at the expense of the customer.

3.3. The customer is responsible for securing and enforcing any claims arising from transport damage. For this purpose, claims for compensation against the carrier are assigned to the customer, who accepts this assignment.

3.4. Paragraphs 3.1. to 3.3. only apply if the purchase does not constitute a consumer goods purchase within the meaning of Sections 474 et seq. of the German Civil Code (BGB).

3.5. Furnishings (e.g. therapy tables, Pilates equipment, training equipment) shall be delivered free to the kerbside. The customer shall provide sufficient assistance at its own expense for unloading and bringing the furnishings into the practice premises.

3.6. We are entitled to make partial deliveries and to invoice these. The customer may not reject partial deliveries. Any difficulties and delays in delivery resulting from circumstances within the customer's sphere of influence and any additional costs incurred as a result shall be borne by the customer, even if carriage paid delivery was otherwise agreed.

3.7. Unless otherwise agreed, the installation, commissioning and assembly of delivered devices or components shall be carried out against separate invoicing based on time and material expenditure. By the agreed delivery and assembly date, the preliminary work to be carried out on site must be sufficiently advanced so that the assembly can be carried out without hindrance and without interruption. Any additional work required for structural reasons shall be borne by the customer. If the installation is made impossible, more difficult or delayed through the fault of the customer, the customer shall bear the additional costs and damages incurred by us. The cables laid on site must comply with the connection drawings provided. We cannot accept responsibility for structural changes to existing electrical and water installations.

4. Delivery periods, delivery dates and impossibility

4.1. Delivery periods and delivery dates are non-binding unless expressly agreed otherwise in writing. Delivery periods begin on the date of the returned and signed order confirmation. Expressly guaranteed periods and dates refer only to the time of dispatch. They are deemed to have been met when we have notified readiness for dispatch.

4.2. The customer is obliged to call off the quantities purchased under a framework agreement as evenly as possible over the term of the agreement, taking into account a corresponding delivery period of 4–6 weeks. General Terms and Conditions of Sale and Delivery of SISSEL® GmbH

4.3. In the event of force majeure or other unforeseeable, extraordinary circumstances beyond our control – e.g. operational disruptions, strikes, lockouts, official interventions, energy supply difficulties, etc., even if these occur at our suppliers – the delivery period shall be extended by the duration of the hindrance if we are prevented from fulfilling our obligations in a timely manner. If the aforementioned circumstances render delivery or performance impossible or unreasonable, we shall be released from our delivery obligation and the customer shall not be entitled to claim damages.

4.4. Compliance with our delivery obligation requires the timely and proper fulfilment of the customer's obligations, in particular the agreed terms of payment and non-exceedance of the delivery credit limit granted to the customer.

4.5. We shall be liable for delays in performance in cases of intent or gross negligence on our part, on the part of our representatives or vicarious agents in accordance with the statutory provisions. In other cases of delay in performance, our liability for damages in addition to performance shall be limited to 50% of the value of the delivery and for damages in lieu of performance to 100% of the value of the delivery. Further claims by the customer are excluded, even after expiry of any deadline for performance set by us. The above limitation shall not apply in the event of liability for injury to life, limb or health. The above provisions shall not imply a reversal of the burden of proof to the detriment of the customer.

4.6. The customer is obliged to accept delivery and assembly at the agreed place and time of acceptance. If the customer is in default of acceptance or violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item shall also pass to the customer at the point in time at which the customer falls into default of acceptance.

4.7. If delivery is impossible, the customer shall be entitled to claim damages in accordance with the statutory provisions. However, his claim for damages in addition to or instead of performance and for futile expenses shall be limited to 50% of the value of that part of the delivery which cannot be used due to the impossibility. Further claims of the customer due to the impossibility of delivery are excluded. This limitation does not apply in cases of intent, gross negligence or injury to life, limb or health. The customer's right to withdraw from the contract remains unaffected. The above provisions do not imply a change in the burden of proof to the detriment of the customer.

4.8. The price stated in the offer is subject to the proviso that the goods we purchase are not subject to punitive duties; should this occur, we shall be entitled to charge you for the additional expenses incurred as a result of such punitive duties, which shall be proven to you in detail. In this case, you shall be entitled to withdraw from the contract within 14 days of becoming aware of this circumstance.

5. Retention of title

5.1. We shall retain title to the purchased item until all payments arising from the business relationship with the customer have been received. If the customer acts in breach of contract, in particular in the event of default in payment, we shall be entitled to take back the purchased item. Our taking back the purchased item does not constitute a withdrawal from the contract unless we have expressly declared this in writing. Our seizure of the purchased item always constitutes a withdrawal from the contract. After taking back the purchased item, we are entitled to sell it. The proceeds from the sale shall be offset against the customer's liabilities, less reasonable costs of sale.

5.2. The customer is obliged to treat the purchased item with care and to insure it adequately against damage. The customer hereby assigns to us any claims against the insurance company.

5.3. In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse us for the court and out-of-court costs of a lawsuit in accordance with Section 771 ZPO, the customer shall be liable for the loss incurred by us.

5.4. The customer is entitled to resell the purchased item in the ordinary course of business; however, it hereby assigns to us all claims in the amount of the final invoice amount (including value added tax) accruing to it from the resale against its customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The customer remains entitled to collect this claim even after the assignment; our authority to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer meets its payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of bankruptcy or composition proceedings has been filed or payments have been suspended. If the obligation not to collect the claim is waived, we may demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors of the assignment.

5.5. The processing or transformation of the purchased item by the customer shall always be carried out on our behalf. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the purchased item to the other processed items at the time of processing. The same shall apply to the item created by processing as to the purchased item delivered under reservation.

5.6. If the purchased item is inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the purchased item to the other mixed items at the time of mixing. If the mixing is carried out in such a way that the item of the customer is to be regarded as the main item, it shall be deemed agreed that the customer transfers proportional co-ownership to us. The customer shall hold the resulting sole or co-ownership in safekeeping for us.

5.7. To secure our claim, the customer shall assign to us all claims to which it is entitled against third parties, including ancillary rights.

5.8. We undertake to release the securities to which we are entitled at the customer's request insofar as the value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released shall be at our discretion.

6. Warranty

6.1. The warranty shall be governed by the statutory provisions.

6.2. Any warranty shall also be excluded if the goods delivered by us have been processed, treated or modified without our consent or if our instructions for use have not been followed. We shall assume that such improper handling has occurred if seals have been damaged.

6.3. For medical devices within the meaning of Regulation (EU) 2017/745 whose use is subject to regular maintenance (MPBetreibV), a warranty can only be provided if regular maintenance intervals are observed.

6.4. We ourselves do not grant any guarantees to the customer.

6.5. If guarantees are listed in brochures, catalogues or other advertising materials, these are merely an indication that the respective manufacturer offers such a guarantee in accordance with its terms and conditions. It is the responsibility of the customer to independently inform themselves about the relevant conditions of the guarantee provided by the respective manufacturer.

6.6. Paragraphs 6.2. and 6.3. shall only apply insofar as the purchase does not constitute a consumer goods purchase within the meaning of Section 474 of the German Civil Code (BGB).

7. Liability, limitation period

7.1. We shall be liable in cases of intent or gross negligence on our part, on the part of our representatives or vicarious agents in accordance with the statutory provisions.

Otherwise, we shall only be liable in accordance with the Product Liability Act, for injury to life, limb or health, for culpable breach of essential contractual obligations or insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the purchased item.

7.2. However, claims for damages for the breach of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract. Liability for damage caused by the purchased item to the legal interests of the customer (e.g. damage to other property) is completely excluded. This (clause 7.2 sentences 1 and 2) does not apply in cases of intent or gross negligence or in cases of liability for injury to life, limb or health or if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the purchased item.

7.3. The provisions of the preceding paragraphs 7.1 and 7.2 extend to compensation for damages in addition to performance and compensation for damages in lieu of performance, regardless of the legal basis, in particular due to defects, breach of duties arising from the contractual obligation or from tort. They also apply to claims for reimbursement of futile expenses.

7.4. Liability for delay shall be governed by clause 4.5 of these terms and conditions, liability for impossibility by clause 4.7.

7.5. The above provisions do not imply any change in the burden of proof to the detriment of the customer.

7.6. To the extent permitted by law, all claims against us shall become statute-barred one year after the claim against us arises.

7.7. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), liability under Clause 7.1 extends to the breach of any contractual obligations. Furthermore, the restrictions set out in sentences 1 and 2 of Clause 7.2 do not apply.

8. Early maturity and right of withdrawal

8.1. If, after accepting an order, we become aware of facts that give rise to justified doubts about the customer's solvency, we shall be entitled to demand full payment or appropriate security before delivery or, after setting a deadline without success, to withdraw from the contract.

Proof of a significant deterioration in financial circumstances shall be deemed to be negative information provided by a bank, credit agency, a company with which the customer has a business relationship or similar, in the opinion of a prudent businessman.

8.2. If delivery has already been made, the relevant invoice amounts shall become due for payment immediately, regardless of the agreed terms of payment, possibly with the return of the acceptances.

9. Place of performance, place of jurisdiction, applicable law

9.1. The place of performance for delivery is the manufacturer's factory or our distribution warehouse. The place of performance for payment is our registered office. This (point 9.1.) does not apply to consumers.

9.2. The place of jurisdiction for merchants, legal entities under public law or special funds under public law is our registered office.

As of 04/2025

SISSEL GmbH
Bruchstraße 48
D-67098 Bad Dürkheim
Tel. +49 6322 98943-0 · Fax +49 6322 98943-10
Email info@sissel.com
sissel.com