Terms of Business
General Terms and Conditions
These terms govern every quotation, order and repair carried out by CNC Spindle Service, Paul Kloss, Uferstraße 9, 53757 Sankt Augustin, Germany. Version of 17 August 2026.
1. Scope
We work exclusively with businesses, legal entities under public law and special funds under public law within the meaning of § 14 of the German Civil Code (BGB). We do not contract with consumers.
These terms apply to all our services. Terms of the customer that conflict with or deviate from these terms do not become part of the contract, even if we perform the work without expressly objecting to them.
2. Quotations and formation of contract
Our quotations are non-binding until confirmed in writing. A contract comes into existence when we confirm the order in text form, or at the latest when we begin work on the spindle.
A quotation issued before the spindle has been dismantled is based on the information supplied by the customer and on typical damage patterns. If disassembly reveals further damage, we stop work, inform the customer and issue a revised quotation. Additional work is only carried out after the customer approves it in text form.
3. Prices, inspection fee and payment
All prices are net prices in euros and do not include statutory value added tax, packaging, shipping or insurance.
If the customer decides not to place a repair order after we have dismantled and inspected the spindle, we invoice the inspection work actually performed plus the cost of reassembly and return shipping, at our current hourly rates. We state this fee in advance whenever the customer asks for it.
Invoices are payable within 14 days of the invoice date without deduction, unless otherwise agreed in writing. Statutory rules on default apply. The customer may only set off claims that are undisputed or have been established by a final court decision.
4. Shipping, packaging and risk
The customer ships the spindle to us at their own cost and risk and is responsible for packaging suitable for transport. Coolant and lubricants must be drained beforehand, and any hazards must be declared.
On the return journey, the risk passes to the customer as soon as we hand the shipment over to the carrier. We insure return shipments on request and at the customer's expense; without such a request, we are not obliged to arrange transport insurance.
The customer is responsible for customs formalities and any duties or import taxes arising outside Germany.
5. Lead times
Stated turnaround times are estimates based on normal spare-part availability and are not binding dates of performance. A binding date only applies if we confirm it in text form as binding.
We are not responsible for delays caused by circumstances outside our control — in particular late delivery by our own suppliers, industrial action, transport disruption, energy shortages or official measures. In such cases the agreed period is extended by the duration of the disruption.
6. Customer's obligations to cooperate
The customer provides the machine and spindle data needed for the work, states the fault symptoms known to them, and informs us of any prior repairs by third parties. Where the customer supplies parts themselves, we do not assume liability for the quality or suitability of those parts.
Tools, tool holders, sensors or other items left in or on the spindle are shipped at the customer's risk. We ask that they be removed before dispatch.
7. Acceptance and duty to inspect
The customer inspects the repaired spindle immediately on receipt and reports any defects to us without delay in text form, as required by § 377 of the German Commercial Code (HGB). Defects that are not apparent on inspection must be reported immediately after they are discovered.
If the customer installs and operates the spindle without reporting a defect, the work is deemed accepted.
8. Liability for defects
We are liable for defects in the work we perform and in the parts we install for 12 months from acceptance. This shortens the statutory limitation period of § 634a (1) no. 1 BGB, which is permissible between businesses.
The shortened period does not apply to claims arising from injury to life, body or health, from intent or gross negligence on our part, from fraudulent concealment of a defect, or where mandatory statutory liability applies.
Where a defect exists, we are first entitled to remedy it — by repair or, at our choice, by replacement of the affected component. Only if that fails twice may the customer reduce the price or withdraw from the contract.
The following are not defects: normal wear, damage from improper operation, collision, overload, contaminated or missing coolant or lubricant supply, unsuitable ambient conditions, or work performed on the spindle by third parties after our delivery.
9. Limitation of liability
We have unlimited liability for injury to life, body or health, for intent and gross negligence, under the German Product Liability Act, and to the extent that we have given a guarantee.
In cases of slight negligence, we are liable only where a material contractual obligation is breached — that is, an obligation the fulfilment of which makes proper performance of the contract possible at all and on which the customer may regularly rely. In that case our liability is limited to the damage typically foreseeable for this type of contract.
We are not liable in cases of slight negligence for loss of production, loss of profit, loss of orders, standstill costs or other indirect or consequential damage.
The above limitations apply equally to the personal liability of our employees, agents and subcontractors.
10. Retention of title
Parts we install remain our property until the invoice for the relevant order has been paid in full. Where installed parts become an inseparable component of the spindle, we acquire co-ownership pro rata to the invoice value until payment is made.
11. Unclaimed spindles
If the customer does not collect or accept delivery of a spindle within three months of our notice that it is ready, we may charge reasonable storage costs. After a further written reminder and a grace period of one month, we are entitled to realise the spindle to cover our claims.
12. Confidentiality
We treat drawings, measurement data and technical information received from the customer as confidential and use them solely to carry out the order. Photographs of repairs are only published with the customer's consent.
13. Applicable law and place of jurisdiction
German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of performance and the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Sankt Augustin, Germany, provided the customer is a merchant, a legal entity under public law or a special fund under public law. We also remain entitled to sue at the customer's general place of jurisdiction.
14. Severability
Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the statutory rule that comes closest to its commercial purpose.
Version: 17 August 2026