Terms of service

1. Scope and Applicability

1.1 These General Terms and Conditions (“GTC”) apply exclusively to entrepreneurs within the meaning of §14 German Civil Code (BGB).

1.2 ProTesCa does not contract with consumers within the meaning of §13 BGB.

1.3 Conflicting or deviating terms of the customer shall not apply unless expressly confirmed in writing.

1.4 These GTC apply to all present and future business relationships.

2. Offers and Conclusion of Contract

2.1 All offers are non-binding and subject to change.

2.2 A contract is concluded only upon written order confirmation or delivery.

2.3 Technical specifications, performance data, illustrations, dimensions and weights are approximate unless expressly designated as binding.

2.4 Minor deviations customary in trade or technically unavoidable deviations are permissible.

3. Prices and Payment

3.1 All prices are net prices in EURO unless otherwise stated and exclude VAT, transport and ancillary costs.

3.2 Payment is due immediately upon contract conclusion unless otherwise agreed in writing.

3.3 ProTesCa accepts online payment methods displayed at checkout. Delivery is subject to successful payment confirmation.

3.4 Financing or leasing solutions may be offered for machinery via third-party institutions. Financing agreements are concluded exclusively between the customer and the respective financing partner. ProTesCa assumes no liability for financing decisions or terms.

3.5 In case of payment default, statutory default interest pursuant to §288 BGB applies.

3.6 ProTesCa may demand advance payment or security in case of justified doubts regarding creditworthiness.

3.7 Set-off or retention is permitted only with undisputed or legally established claims.

4. Retention of Title

4.1 Delivered goods remain the property of ProTesCa until full settlement of all claims arising from the business relationship.

4.2 The customer may resell goods in the ordinary course of business. Claims arising from resale are hereby assigned to ProTesCa in advance.

4.3 Processing or transformation shall be deemed carried out for ProTesCa as manufacturer.

5. Delivery, Risk Transfer and Force Majeure

5.1 Delivery dates are non-binding unless expressly confirmed.

5.2 Delivery shall be EXW or FCA (Incoterms 2020) unless otherwise agreed.

5.3 Risk passes upon handover to the carrier.

5.4 Force majeure, supply chain disruption, energy shortages, strikes, official measures or other events beyond reasonable control suspend performance obligations.

6. Duty to Inspect and Notify Defects (§377 HGB)

6.1 The customer must inspect goods immediately upon receipt.

6.2 Visible defects must be notified in writing within 5 working days.

6.3 Transport damage must be reported within 48 hours.

6.4 Hidden defects must be reported immediately upon discovery.

6.5 Failure to notify results in exclusion of warranty rights.

7. Warranty

7.1 Warranty period is 12 months from delivery.

7.2 ProTesCa may choose between repair or replacement.

7.3 Warranty excludes wear parts, improper installation, misuse, non-compliance with instructions, unauthorized modifications and normal wear and tear.

7.4 No warranty is assumed for system performance, productivity, methane yield or economic outcome unless expressly agreed in writing.

8. Installation and System Responsibility

8.1 ProTesCa supplies components and equipment only.

8.2 The customer is solely responsible for installation, system integration, regulatory compliance and operational monitoring.

8.3 No system-level engineering responsibility is assumed unless separately contracted.

9. Chemical and Enzymatic Products

9.1 Safety data sheets and storage instructions must be observed.

9.2 Performance of biological processes depends on multiple external factors beyond ProTesCa’s control.

9.3 No guarantee of specific biological or efficiency results is provided.

 

10. Liability

10.1 Unlimited liability applies only in cases of intent, gross negligence, injury to life, body or health or mandatory statutory liability.

10.2 In cases of simple negligence, liability is limited to foreseeable, contract-typical damages.

10.3 Liability for indirect damages, loss of profit, downtime, business interruption or consequential damages is excluded.

10.4 Total liability is limited to the net order value of the affected delivery.

10.5 These limitations apply equally to employees and agents.

11. Insurance Obligation

The customer shall maintain adequate industrial liability insurance covering installation and operational risks.

 

12. Intellectual Property

All documents, drawings, calculations, data sheets and product developments remain the intellectual property of ProTesCa.

13. Export Control and Compliance

The customer shall comply with all applicable export control, sanctions and trade regulations.

14. Governing Law and Jurisdiction

14.1 German law applies.

14.2 The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14.3 Exclusive place of jurisdiction is Coesfeld, Germany, where legally permissible.

15. Language and Severability

15.1 These GTC are drafted in German and English.

15.2 In case of discrepancies, the German version shall prevail.

15.3 If any provision is invalid, the remaining provisions remain unaffected.