General terms and conditions of Göpfert Maschinen GmbH

(status 01.11.2021)

1. Applicability

1.1 These general terms and conditions of business apply for all deliveries made by Göpfert Maschinen GmbH, D-97353 Wiesentheid, hereinafter referred
to as the supplier.
1.2 Differing, conflicting or additional general terms and conditions of business of the ordering party are inherent to the contract only if the supplier has
expressly consented to their validity in writing. This consent requirement applies in all cases, e.g. even if the supplier undertakes the delivery to the
ordering party unconditionally in knowledge of its general business terms and conditions.

2. Contract conclusion and scope of delivery

2.1 The contract takes effect with the sending of an order confirmation.
2.2 The scope and execution of the delivery should be exclusively in accordance with the order confirmation. Materials or performances which are not
included are invoiced separately. If order confirmation is produced based on the ordering party´s documents, the information included therein is binding only when the order
confirmation makes express reference thereto.

3. Payment agreements

3.1 Prices are calculated according to the valid price lists at the time of the offer, plus statutory V.A.T.
3.2 The supplier reserves the right to make proportionate price adjustments if wage costs or material costs change between the timing of the offer and the contractual delivery.
3.3 Prices are ex works, without packaging, delivery or installation/assembly. Other agreements are only binding if officially acknowledged expressly and in writing in the context of
the order confirmation. The ordering party is responsible for the payment of charges, taxes and other public dues.
3.4 Payments shall be made within 10 days of the invoicing date without deduction. After this deadline, the ordering party shall be deemed to be in payment arrears. Interest on
payments in arrears will be charged at 9 percentage points above the respective basic interest rate.
3.5 The supplier reserves the right to request, prior to delivery, an unlimited, joint and several bank guarantee at the first time of asking amounting to the agreed price. In the event of
non-payment of the guarantee within an appropriate period the supplier is entitled to withdraw from the contract.
3.6 The ordering party may assert only such claims as are undisputed or legally established.

4. Packaging, delivery and transfer of risk

4.1 The packaging will be invoiced separately by the supplier and, with the exception of undamaged shipping crates, will not be taken back. If shipping crates are returned free to the supplier’s
premises within 14 days of the delivery, 2/3 of the relative packaging costs will be repaid.
4.2 Part deliveries are admissible.
4.3 Delivery shall be at the expense of the ordering party.
4.4 Delivery times given by the supplier are non-binding. Delivery dates are binding only if expressly agreed as binding fixed delivery dates in the context of the order confirmation. In the event
of non-compliance with a fixed delivery date the ordering party is authorised to withdraw from the contract after an appropriate period of grace. In the case of force majeure or unforeseeable
events (e.g. strike) for which the supplier is not responsible or if the ordering party delays or avoids negotiation of cooperation, the supplier is entitled to performance in a suitable period
after the end of the event. In this case the ordering party must be notified immediately. The supplier is liable according to the statutory provisions in the event that a fixed deadline is missed
by intent or gross negligence. In other cases, liability is limited to 5 % of the value of the delivery. Any further claims are excluded. If the delivery is delayed due to circumstances for which the
ordering party is to blame, the supplier is authorised to charge a warehousing fee of 0.5 % of the invoice amount for each month commenced after the notified delivery date in
The ordering party is entitled to prove lesser damages and the supplier is entitled to prove greater damages.
4.5 The insurance against claims of any type is the responsibility of the ordering party. The suppliers insure the goods on request and at the cost of the ordering party against damage in transit.
4.6 The delivery takes place at the risk of the ordering party. The risk passes to the ordering party as soon as the goods leave the supplier’s factory. If the delivery is delayed for reasons for which
the ordering party is responsible, the risk transfers to the ordering party at the point of readiness for dispatch.

5. Contract withdrawal rights

5.1 The ordering party is entitled to contractual withdrawal but its exercise requires the prior consent of the supplier.
5.2 If after contract conclusion the supplier receives knowledge of liquidation or payment arrears on the part of the ordering party the supplier is entitled to withdraw from any or all
uncompleted contracts. In this case the supplier is entitled, irrespective of further statutory claims, to a fixed amount of compensation for lost profit of 20 % of the net sales value of goods
ordered but unpaid for. The ordering party is entitled to prove lesser, the supplier to prove greater damage.

6. Warranty

6.1 A warranty is given exclusively for defective design or defective execution. The supplier is liable for material damage only inasmuch as an expert would be bound to notice the material
defect. The warranty does not apply to instances of minor deviation from the agreed quality or minor effect on the usability for the planned or normal purpose.
6.2 In the event of a defect in the sense of art. 6.1 clauses 1 and 2 the notification and complaint duties of the § 377 HGB apply. The supplier has the choice between repair or replacement. The
supplier must pay the costs of repair or replacement unless the demand of the ordering party for the remedy of defects is found to be unreasonable. If the costs increase because delivery is
made to a destination other than that agreed, the additional costs must be paid by the ordering party. If the subsequent performance is unsuccessful, the ordering party may withdraw from
the contract or demand a price reduction.
6.3 The supplier is liable for damage caused by intent or gross negligence, for fraudulent material concealment of defects, for any accepted guarantee of quality as well as for injury to life, limb or
health. The supplier is liable for other damage only if a duty has been neglected whose fulfilment is fundamental to the implementation of the contract and on whose compliance the
ordering party may regularly rely (cardinal duties). In these cases, liability is limited to the typically foreseeable damage.
6.4 The supplier shall not accept liability for machinery which has been purchased by the ordering party from a third party and connected to the machinery supplied by the supplier. The supplier
shall not guarantee defect-free software connections between the machine supplied by the supplier and the third party machine purchased by the ordering party. The supplier is not liable
for any breakdowns or defects resulting from said connecting of a third party machine purchased by the ordering party to the machine supplied by the supplier. This exemption from liability
does not apply to damage caused by gross negligence on the part of the supplier or to gross negligence on the part of a legal representative or vicarious agent of the supplier.
6.5 There is no warranty on used items.
6.6 The warranty period for defects in the sense of art. 6.1 on new goods is 1 year from the transfer of risk. Liability for claims in the sense of art. 6.3 clause 2 expires 1 year from knowledge of
damaging party and damage, and no more than 3 years from the transfer of risk.

7. Retention of title

7.1 The goods remain the property of the supplier until the receipt of all payments from the overall business relationship. Any pledging or transfer by way of security is prohibited
during retention of title. Resale in the course of normal trade is permitted subject to transfer of the retention of title (extended retention of title). Claims from resale or transfer by
way of security will at this point already have been ceded to the supplier.
7.2 In the case of pledges, seizures or other injunctions or third party interventions shall be disclosed by the ordering party to the supplier immediately in writing. The supplier shall
notify the attaching creditor of the retention of title. The ordering party must pay all costs for the lifting of the pledge and/or of the third party intervention and for repurchase of
the title.

8. Copyrights

8.1 The copyright and the title to drawings, figures, plans, models and other materials remain with the supplier. The aforementioned materials may not be disclosed to third parties
without the express approval of the supplier and must be returned immediately if the offer in question does not lead to an order.
8.2 The ordering party undertakes to respect all extant patents, samples, models and trademark rights on the products manufactured or distributed by the supplier.
8.3 The ordering party is permitted under no circumstances to partly or wholly modify or have modified the products manufactured or distributed by the supplier.
8.4 In the event of infringement by the ordering party of the supplier’s copyright, the ordering party shall repay all damages incurred.
Göpfert Maschinen GmbH | Am Zollwasen 6 | D-97353 Wiesentheid | Telefon: + 49 (93 83) 205-0 | Telefax: + 49 (93 83) 205-543, + 49 (93 83) 205-266 | |
Geschäftsführer: Karl F. Göpfert, Dipl.-Ing. (FH) | Siglinde Göpfert | André Göpfert, Dipl.-Ing. (FH) | Esther Göpfert, Dipl.-Ing. (FH) | Ralf Schiffmann, Dipl.-Ing.(FH)
Erfüllungsort: Wiesentheid | Gerichtsstand: Kitzingen | Handelsregister: Würzburg HRB 5800 | Ust.-ID-Nr.: DE 133017298

9. Consequential damage liability

Liability for consequential damage and contractual penalties is limited to a maximum of 5 % of the net contract price.
Due to possibly currently existing delivery, transport, travel and regulatory restrictions as well as a latent risk of a further tightening of official
orders and measures due to a pandemic such as COVID-19 for example, we as a company point out that the delivered and listed delivery, service
and acceptances dates as well as the available delivery quantities are non-binding.
Insofar as we as a company are directly or indirectly prevented from fulfilling our delivery and service obligations due to or as a result of
pandemics such as COVID-19, no claims result from non-fulfilment or delayed fulfilment unless we act with intent or gross negligence.
This also applies to deliveries and services that we receive from contractual partners such as suppliers, service providers or subcontractors of our
company and which in this respect cannot be delivered or performed on time or in full.
We would like to point out that delivery, service and acceptance dates may therefore be postponed by an appropriate period of time that is necessary to overcome the
effects of pandemics such as COVID-19. You agree to this without specific objection.

10. Special terms and conditions – 24 hours service of Göpfert Maschinen GmbH

Göpfert Maschinen GmbH offers its customers a comprehensive support service for repairs and troubleshooting, independently of legal and contractual warranty claims.
This consists on the one hand of requesting an on-site team made up of Göpfert Maschinen GmbH´s own employees and on the other and of a remote support service via
telephone, email and video support.
10.1 General
The following terms and conditions apply to all services provided by Göpfert Maschinen GmbH which are provided by its employees, without being on customer´s site, using
means of telecommunication such as email, telephone, video calls, etc..
10.2 Scope of services
10.2.1 The service department of Göpfert Maschinen GmbH is available 24 hours a day for remote assistance services to support the repair or troubleshooting of machines.
10.2.2 The scope of service is guaranteed at different times of the day and with different occupations as follows:
a) During core working hours
Monday – Thursday: 07:00 – 16:30 h (CET)
Friday: 07:00 – 13:30 h (CET)
b) During business hours (chargeable)
Monday – Thursday: 16:30 – 22:00 h (CET)
Friday: 13:30 – 22:00 h (CET)
c) During business hours (chargeable)
Monday – Thursday: 22:00 – 07:00 h (CET)
Friday: 22:00 – 07:00 h (CET)
Saturday – Monday: 07:00 – 07:00 h (CET)
by phone: (+49) 9383 205700 (electric)
by phone: (+49) 9383 205800 (mechanic)
by email:
10.2.3 On the following days the service of Göpfert Maschinen GmbH is not available:
– January 1st
– Whit Monday
– Good Friday
– Easter Monday
– Easter Sunday
– December 24th – 26th
– December 31st
10.3 Costs / invoice
10.3.1 Costs for the services during core working hours in accordance with section 10.2.2 a) are not charged.
10.3.2 The use of services in accordance with clauses 10.2.2.b and 10.2.2c is billed every quarter of an hour. In addition, there is a one-time basic fee billed per support case. The hourly rates are
available from our service department on request.
10.3.3 Any service is due within 10 days, strictly net.
10.3.4 Taxes and fees: Furthermore, the client bears all taxes and fees levied in the recipient or buyer country, including those for services in accordance with section 10.2. The client undertakes to
report this to his responsible tax authorities and to settle those at his own expenses
10.4 Confidentiality / data protection
10.4.1 The data protection of Göpfert Maschinen GmbH, available at applies.
10.4.2 The personal data required to process the service request is recorded and saved. This is the name of the contact person making the request, the company affiliation, telephone number
and email address of the contact person. The data will only be forwarded to third parties (e.g. manufacturers of spare parts) if this is necessary to process the order. A further forwarding of
personal data to third parties will not occur.
10.4.3 When the service is provided by means of telephone and video support, video and audio data can be saved. These data are used exclusively to process the service request. Your data will
not be forwarded to third parties.
10.5 Liability
10.5.1 The 24 hours service offer includes in no way a guarantee within the meaning of the German Civil Code.
10.5.2 A promise of the elimination of all errors or a successful repair as well as for the functionality and usability given for the production is not given. The same applies to the correctness of the
information and advice given.
10.5.3 Göpfert Maschinen GmbH is liable for damage caused intentionally or through gross negligence, in the case of fraudulent concealment of defects, when taking over a quality guarantee as
well as in the event of injury to life, body or health. It is only liable for other damages if an obligation is violated, the fulfillment of which enables the execution of the contract in the first
place and on the observance of which the customer can regularly rely (cardinal obligations). In these cases, liability is limited to typically foreseeable damage.
10.5.4 The limitations of liability also apply to employees, representatives and vicarious agents of Göpfert Maschinen GmbH.
10.5.5 Insofar as employees of the inquiring customer carry out measures on site as part of the remote service, this does not release the customer from his own duty of care to comply with the
necessary precautionary and safety measures. The customer is solely liable for the customer´s employees.
10.5.6 Further claims for damages are excluded.
10.6 Customer´s obligation to cooperate
10.6.1 The service department depends on that the requesting customer is using appropriately trained and competent staff to carry out the work on site.
10.6.2 The customer must therefore ensure that there is no risk to people or property by taking the recommended measures.
10.6.3 In order to achieve the highest possible probability of solving service inquiries, it is absolutely necessary to observe the instructions and answers from the service department for diagnosis
and implementation of any measures.
Göpfert Maschinen GmbH | Am Zollwasen 6 | D-97353 Wiesentheid | Telefon: + 49 (93 83) 205-0 | Telefax: + 49 (93 83) 205-543, + 49 (93 83) 205-266 | |
Geschäftsführer: Karl F. Göpfert, Dipl.-Ing. (FH) | Siglinde Göpfert | André Göpfert, Dipl.-Ing. (FH) | Esther Göpfert, Dipl.-Ing. (FH) | Ralf Schiffmann, Dipl.-Ing.(FH)
Erfüllungsort: Wiesentheid | Gerichtsstand: Kitzingen | Handelsregister: Würzburg HRB 5800 | Ust.-ID-Nr.: DE 133017298

11. Export control clause

11.1 The deliveries and services (fulfilment of the contract) are subject to the condition that there are no obstacles to fulfilment due to national or
international export control regulations, in particular embargoes or other sanctions. The customer undertakes to provide all information and
documents that are required for the export or shipment. Delays due to export audits or approval procedures override deadlines and delivery times.
If the necessary approvals are not granted or if the delivery and service cannot be approved, the contract with regard to the affected parts is
deemed not to have been concluded.
11.2 We are entitled to terminate the contract without notice if the termination is necessary for us to comply with national and international legal
11.3 In the event of termination according to section 11.2, the assertion of damage or the assertion of other rights by the customer due to the
termination is excluded.
11.4 The customer has to comply with the applicable provisions of the national and international (re-) export control law when passing on to third parties the goods delivered by us (hardware
and/or software and/or technology as well as related documents, regardless of how they are made available) or the work and services provided by us (including technical support of any

12. Final conditions

12.1 The contract partners agree to the application of German law with respect to all legal relationships. German law also applies for cross-border negotiations to the exclusion of the UN-Sales
12.2 The place of fulfilment for all performances, particularly delivery and payment, is 97353 D-Wiesentheid.
12.3 The agreed place of jurisdiction for all disputes from the contract relationship is Kitzingen.
12.4 Should any provision of this contract be unworkable, this shall not affect the workability of the remaining provisions. The unworkable provision shall be replaced by legal provisions.

Data Privacy Statement for the machine support tool G-CAM by Goepfert

1. Responsible:

Göpfert Maschinen GmbH
Am Zollwasen 6
D-97353 Wiesentheid
Managing Directors:
Karl F. Göpfert,
Siglinde Göpfert,
André Göpfert
Esther Göpfert
Ralf Schiffmann
Phone: +49 (0) 9383 / 205-0

2. Data protection officer:

Data protection officer – confidential –
Eikona Systems GmbH
Am Alten Bahnhof 8
D 97332 Volkach
+49 9381 / 71 77 8 – 59

3. Legal basis and purpose:

We run the following service as support solution for our customers. Legal basis for this service is the fulfilment of the agreed contractual performance for our customers. This is based on art. 6
clause. 1 lit. b DSGVO, as the service is offered as contractual performance. Purpose is to assist the customer and to solve problems via tele maintenance in support cases by means of augmented

4. Machine support tool G-CAM by Goepfert

We offer our customers a solution called „G-CAM by Goepfert“. This is a tool that supports the customer by means of augmented reality in case of support requests and guides through
different processes by our service technicians.
In addition to the fast and effective support, the tool also offers communication via various channels and the exchange of information using file and screen sharing.
If you have a support case, you as a customer have the opportunity to open an incident which will then be processed by our service technicians. The communication will be via different
channels. By means of a chat messages and data (for example about the condition of a Göpfert machine) can be exchanged. Furthermore you have the possibility to start an audio or video
call. You keep full control and have to activate the corresponding functions (e.g. microphone, camera) on your own. Our technicians don´t have control and rely on your support.
The connection to the Göpfert machine has to be done on your own via machine WLAN. For this, you have to activate the necessary switches on your machine. The hardware used will then
connect directly with the machine.
When the camera is activated, our service technicians have the possibility to support you via augmented reality, by setting markers for example which will support you when troubleshooting.
When using the tool, it is necessary to partially process your personal data. The data processing takes place via the server of our service provider RE’FLEKT (see below). There, your user
account (first and last name, address, email address, company) as well as data to single incidents (chat messages, files transferred, time and number of calls) are saved. We use these data to
identify you as a contract partner and to be able to process your incident by means of the tool. When using G-CAM by Goepfert the audio and video packages that you transfer to us will be
DTLS encrypted end to end. Further customer-related data is neither sent nor stored.
Your user data will be stored for as long as the contractual relationship exists and after that will be deleted after 10 years.
Göpfert Maschinen GmbH | Am Zollwasen 6 | D-97353 Wiesentheid | Telefon: + 49 (93 83) 205-0 | Telefax: + 49 (93 83) 205-543, + 49 (93 83) 205-266 | |
Geschäftsführer: Karl F. Göpfert, Dipl.-Ing. (FH) | Siglinde Göpfert | André Göpfert, Dipl.-Ing. (FH) | Esther Göpfert, Dipl.-Ing. (FH) | Ralf Schiffmann, Dipl.-Ing.(FH)
Erfüllungsort: Wiesentheid | Gerichtsstand: Kitzingen | Handelsregister: Würzburg HRB 5800 | Ust.-ID-Nr.: DE 133017298
In order to be able to offer you this service, we use the service provider RE’FL EKT GMBH, Marcel-Breuer-Str. 15, 80807 München. We finalised with
RE’FLEKT GMBH a contract for order processing according to Art. 28 GDPR. You can find further information on handling personal data in the data
protection declaration at:

5. Your rights as a person affected

You have the following rights, which you can assert from our data protection officer. You will find its contact data under 2.
According to Art. 15 GDPR, you can request information about your personal data processed by us. In particular you can obtain information about
the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned
storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a right to lodge a complaint,
the origin of your data, if we have not collected it, as well as the existence of automated decision-making including profiling and, if necessary,
meaningful information on their details;
According to Art. 16 GDPR, you can immediately request the correction of in;
According to Art. 17 GDPR you can request the deletion of your personal data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information,
to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
According to Art. 18 GDPR you can request the restriction of the processing of your personal data if you dispute the correctness of the data, the processing is unlawful, but you refuse to
delete it and we no longer need the data, but you need to assert it, need to exercise or defend legal claims or you have objected to processing in accordance with Art. 21 GDPR;
According to Art. 20 GDPR you can receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or request that it will be
transmitted to another person responsible;
According to Art. 7 Para. 3 GDPR, you can revoke your once given consent to us at any time. As a result, we are no longer allowed to continue the data processing based on this consent in the
According to Art. 77 GDPR, you can lodge a complaint with a supervisory authority. As a general rule, you can contact the supervisory authority of your usual place of residence or work place
or our company. In case of Göpfert Maschinen GmbH the Bavarian State Office is responsible for data protection supervision. You will find further information at: