General Terms and Conditions

Bolichwerke GmbH
Bahnhofstr. 14 - 16
76684 Östringen-Odenheim


Scope of validity and application

  1. The following General Terms and Conditions apply to all business relations of Bolichwerke GmbH, i.e. all contracts, deliveries or other services. For future business relations, these GTCs shall be deemed to have been agreed, even if no express reference is made to them.
  2. Deviations from these General Terms and Conditions shall only become part of the contract if they have become part of an express written individual agreement between Bolichwerke GmbH and the Buyer.
  3. The customer's general terms and conditions are hereby rejected. They shall only be deemed to have been agreed if we have expressly agreed to them in writing.


Scope of services and conclusion of contract

  1. Our offers are subject to change. An order shall only be deemed to have been accepted if we have confirmed it in writing; this also applies to orders placed with our commercial agents. Only the text of our order confirmation is binding.
  2. All technical data in our catalogues, lists and drawings as well as the weights and dimensions are carefully compiled, errors excepted. This also applies to all data in our sales documents. We reserve the right to make changes in the interests of progress, even after the order confirmation has been sent, provided that this does not affect the price, function or delivery time.
  3. The specifications in our catalogues, price lists and other sales documents apply to wired luminaires ready for connection, for operating voltages 230V, 50Hz. Please enquire separately about luminaires for other voltages.


Delivery times

  1. The delivery date of the order confirmation is non-binding, unless expressly agreed otherwise in writing. The delivery period shall commence on the date of dispatch of our order confirmation or after complete clarification of all technical details.
  2. The delivery period shall be extended in the event of unforeseen, extraordinary or unavoidable events of any kind, in particular strikes, including illegal strikes, lock-outs, failure to receive deliveries on time and all other events for which we are not responsible, even if this only occurs during an existing delay.
  3. In the event of a delay in delivery for which we are responsible, the customer shall grant a reasonable period of grace before asserting any rights arising from the delay. If the period of grace is not complied with, the customer may claim damages in the amount of 0.5% of the delivery value for each full month of further delay, up to a maximum of 5% of the delivery value. Further claims, including claims for non-fulfilment, are excluded.
  4. If the contract is a fixed-date transaction within the meaning of § 376 HGB (German Commercial Code), the purchaser shall grant a grace period in the event of a delay in delivery. The purchaser may only withdraw from the contract in writing if the grace period is not complied with; the purchaser shall only be entitled to claims for damages due to non-fulfilment if the cause of the damage was based on intent or gross negligence.


Transfer of risk

The risk is transferred to the customer when the goods have left the factory or distribution centre; this also applies to partial deliveries. The transport risk is not covered by us. The goods are dispatched on behalf of the customer. Pallets and cartons are charged at cost price and will not be taken back.


Special production

In the case of delivery according to sample or drawing, or in the case of special production according to customer requirements, an excess or short delivery of up to 10 % is permissible.



Returns can only be made with our prior written consent and only carriage paid. All costs for delivery, return, repair and repackaging will be deducted from the credit note.


Prices, terms of payment

  1. All prices are in euros ex works, plus statutory VAT.
  2. Our invoices are due 30 days after the invoice date. If payment is made within 14 days of the invoice date, we grant a 2% discount.
  3. If changes occur in the financial circumstances of the customer after the date of dispatch of our order confirmation or if we become aware of such changes which are likely to cast doubt on the creditworthiness, we shall be entitled to demand appropriate securities within a reasonable period of time; if the customer does not comply with our demand for securities in due time, we shall be entitled to withdraw from the contract.
  4. In the case of cheque and bill of exchange payments, the bank, discount and collection charges shall be borne by the customer.
  5. If the customer is in arrears with his payment, we shall charge interest on arrears at a rate of 4% above the respective discount rate of the Deutsche Bundesbank.
  6. The customer shall not be entitled to rights of set-off or retention unless the reason for asserting such a right is justified in the underlying legal relationship (e.g. warranty for defects) or the counterclaim has been legally established or expressly recognised by us.
  7. If the customer concludes contracts which result in the loss of our retention of title, including extended retention of title, he is obliged to inform us of this in writing and to transfer the amounts received to us immediately to settle our claims.


We manufacture all lights to order. No cancellations or returns possible after ordering.


Retention of title

We reserve title to the goods until receipt of all payments from concluded delivery contracts.

The customer assigns to us as security all purchase price claims against his customers arising from the sale of the goods delivered to him subject to retention of title upon conclusion of the contract between us and the customer in the amount of the purchase price agreed between him and us for the goods subject to retention of title (plus VAT). The customer is authorised to collect these assigned claims as long as he is not in default of payment to us. Our authorisation to collect the claims ourselves remains unaffected by this. The customer undertakes to inform us on request of the assigned claims and their debtors, to provide all information necessary for collection and to inform the debtors of the assignment in writing.

The customer is not authorised to pledge the goods delivered to him subject to retention of title or to assign them to third parties as security. The customer must inform us immediately in writing of any seizure or other intervention by third parties.

In the event of behaviour contrary to the contract on the part of the customer, in particular in the event of default in payment, we shall be entitled to take back the goods subject to retention of title as security without this constituting a declaration of withdrawal.

If the goods are sold together with other goods that do not belong to us, the customer's claim against his customer in the amount of the purchase price claim agreed between us and the customer shall be deemed assigned to us upon conclusion of the respective delivery contract.

If our reserved property is lost due to installation, the customer shall assign to us the claims for compensation to which he is entitled in this respect against his customers in the amount of our purchase price claim upon conclusion of the contract between us and the customer.

We shall release any securities if the claims to be secured are over-secured by more than 20 %.


Liability and defects

  1. We shall be liable for defects, which shall also include the absence of warranted characteristics, by rectifying the defects in design, manufacture, quality or other design at our discretion free of charge within a reasonable period of time, either by repair or by delivery of a replacement part or by replacement delivery. The customer shall only be entitled to withdraw from the contract or demand a reduction in the purchase price for these reasons if we are not prepared or not in a position to rectify the defect or if the rectification of the defect is delayed beyond the set deadline for reasons for which we are responsible. Any further claims for damage that has not occurred to the delivery item itself are expressly excluded.
  2. Any replaced parts or goods shall be returned to us free of charge upon request.
  3. Our warranty obligation presupposes that the customer notifies us in writing of recognisable defects within a period of 3 working days after receipt of the goods. Defects occurring at a later date must be notified in the same form and within the same period, calculated from the date of discovery.
  4. Our warranty obligation further presupposes that the goods have been properly handled, professionally installed and put into operation; proof of this must be provided to us on request in the event of a warranty claim. In the event of improper repair, we shall be released from any liability for defects.
  5. The warranty period - in normal operation - is 24 months from the transfer of risk. We shall be liable for rectification of defects or replacement parts until the expiry of the warranty period applicable to the original delivery item.
  6. If the lights or their internal circuits or equipment are subsequently modified, we are released from any liability in accordance with the law on technical work equipment of 24 June 1968.


Place of jurisdiction

The place of jurisdiction for all claims arising from the underlying contractual relationship, in particular for purchase price claims, shall be the local court in Bruchsal, irrespective of the amount in dispute. This agreement on the jurisdiction of the local court in Bruchsal shall also apply to actions on cheques and bills of exchange. This also applies to claims that are pursued in dunning proceedings. However, we reserve the right to sue the customer at the court responsible for his place of residence.


Other contractual and statutory claims

Liability for slightly negligent and grossly negligent behaviour on the part of our employees and vicarious agents is expressly excluded.

Insofar as contractual claims are otherwise excluded, this shall also apply to statutory claims of any kind.

Contractual claims and claims in tort shall become statute-barred six months after discovery of the respective defect, insofar as the claims are based on a fault or defect in our deliveries, including the absence of warranted characteristics; however, the limitation period shall be a maximum of 24 months, calculated from the transfer of risk.

In all other respects - including for export contracts - German law shall be deemed agreed; the provisions of the Uniform Law on the International Sale of Goods are expressly excluded.

Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.


Status 28 February 2022