(1) These General Terms and Conditions ("GTC") apply to all our business relationships with our customers ("Contractual Partner"). The GTC only apply if the contractual partner is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

(2) The GTC apply in particular to contracts for work or services ("services"), in particular in the field of hot isostatic pressing, as well as to contracts for the sale and/or delivery of movable objects ("goods") regardless of whether we manufacture the goods ourselves or purchase them from suppliers (§§ 433, 650 BGB). Unless otherwise agreed, the GTC in the version valid at the time of the order or the order of the contractual partner or in any case in the version last notified to him in text form shall also apply as a framework agreement for similar future contracts without our having to refer to them again in each individual case.

(3) Deviating, conflicting or supplementary general terms and conditions of the contractual partner shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery or provision of the service to the contractual partner without reservation in the knowledge of the contractual partner's general terms and conditions.

(4) Individual agreements made with the contractual partner in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

(5) Legally relevant declarations and notifications by the contractual partner with regard to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Legal formal requirements and further proof, in particular in the case of doubts about the legitimacy of the person making the declaration, shall remain unaffected.

(6) References to the applicability of statutory provisions shall only have a clarifying significance. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded in these GTC.

(7) Our employees, commercial agents or other sales intermediaries are not entitled to make any declarations or promises that deviate from the GTC, to accept payments or to make any other declarations, in particular a guarantee, declarations regarding the quality or suitability for use of the goods or regarding the warranty.

(1) Should one or more provisions be or become invalid or void, or contain a loophole, the validity of the remaining GTCs shall remain unaffected. The parties undertake to agree on a valid provision in place of the invalid or void provision which comes as close as possible to what was intended according to the meaning of the invalid or void provision.

(2) Our offers are subject to change and non-binding. This shall also apply if we have provided the contractual partner with catalogues, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which we reserve property rights and copyrights.

(3) The order or the order for performance by the contractual partner shall be deemed a binding offer of contract. Unless otherwise stated in the order or contract, we shall be entitled to accept this contractual offer within 2 weeks of its receipt by us.

(4) Acceptance shall be declared in writing by means of an order or order confirmation.

(5) The delivery item and the scope of delivery shall be governed exclusively by our written order or order confirmation. A reference to standards and technical regulations is a performance description and not a guarantee of properties. Deviations of the delivery item from offers, samples, trial and preliminary deliveries are permissible in accordance with the respectively valid DIN/EN standards or other relevant technical standards.

(1) Deadlines and dates for deliveries and services promised by us are always only approximate, unless a fixed deadline or date has been expressly promised or agreed. If shipment has been agreed, the delivery periods and delivery dates refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.

(2) We may - without prejudice to our rights arising from default on the part of the contractual partner - demand from the contractual partner an extension of delivery and performance periods or a postponement of delivery and performance dates by the period of time during which the contractual partner fails to meet its contractual obligations towards us.

(3) We shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which we are not responsible. If such events make it considerably more difficult or impossible for us to deliver or perform and the hindrance is not only of temporary duration, we are entitled to withdraw from the contract. In the event of hindrances of temporary duration, the delivery or service deadlines shall be extended or the delivery or service deadlines shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the contractual partner cannot reasonably be expected to accept the delivery or service as a result of the delay, it may withdraw from the contract by means of an immediate written declaration to us. The contractual partner shall be informed of the circumstances without delay.

(4) If we are in default with a delivery or service or if a delivery or service becomes impossible for us, for whatever reason, our liability for damages shall be limited in accordance with section 8 of these GTC.

(1) Delivery shall be ex works from our production site in Aachen or Leopoldshöhe (EXW in accordance with Incoterms 2020).

(2) At the request and expense of the contractual partner, the goods shall be shipped to another destination (sale by delivery to a place other than the place of performance). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.

(3) The risk of accidental loss and accidental deterioration of the goods shall pass to the contractual partner when the goods are made available at the agreed place. In the case of sale by delivery to a place other than the place of performance, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the contracting party upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. The handover shall be deemed to have taken place if the contractual partner is in default of acceptance. If acceptance has been agreed, this shall be decisive for the transfer of risk. In all other respects, the statutory provisions of the law on contracts for work and services shall also apply mutatis mutandis to an agreed acceptance.

(4) If the contractual partner is in default of acceptance, fails to cooperate or if our delivery or the acceptance of the contractual partner is delayed for other reasons for which the contractual partner is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this purpose, we shall charge a lump-sum compensation in the amount of 1% of the order value per calendar day, beginning with the delivery deadline or - in the absence of a delivery deadline - with the notification that the goods are ready for shipment.

(5) The proof of higher damages and our statutory claims (in particular compensation for additional expenses, reasonable compensation, termination) shall remain unaffected; however, the lump sum shall be offset against further monetary claims. The contractual partner shall be permitted to prove that we have incurred no damage at all or only significantly less damage than the aforementioned lump sum.

(1) Unless otherwise agreed in individual cases, our prices current at the time of conclusion of the contract shall apply ex works, plus statutory value added tax. Value added tax shall be charged separately at the rate applicable on the date of invoicing.

(2) The costs for packaging and assembly of the goods shall be invoiced additionally.

(3) In the case of sale by delivery to a place other than the place of performance (Clause 4, Paragraph (2)), the contractual partner shall bear the transport costs ex works and the costs of any transport insurance requested by the contractual partner. If we do not invoice the transport costs actually incurred in the individual case, a transport cost flat rate (excluding transport insurance) of EUR 2,000 shall be deemed agreed. Any customs duties, fees, taxes and other public charges shall be borne by the contractual partner.

(4) We shall not be bound by previous prices in the case of new orders or purchase orders (= follow-up orders).

(5) We shall be bound by the agreed prices for four months from the conclusion of the contract. In the event of longer agreed delivery or performance periods in the event of a change in the price of an individual cost element of material or labour costs, we shall be entitled to change the price on the basis of our original price calculation, but only to the extent that the change in the cost element has a proportionate effect on the originally agreed price.

(6) The purchase price or remuneration is due and payable within 10 calendar days of the invoice date without deduction. However, we are entitled at any time, also within the framework of an ongoing business relationship, to make a delivery in whole or in part only against advance payment if the provision of the advance performance is unreasonable for us. Clause 5 (9) remains unaffected by this.

(7) Upon expiry of the aforementioned payment deadline, the contractual partner shall be in default. During the period of default, interest shall be charged on the purchase price or remuneration at the statutory default interest rate applicable at the time. We reserve the right to assert further damage caused by default. With respect to merchants, our claim to the commercial due date interest rate (§ 353 HGB) remains unaffected.

(8) The contractual partner shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or is undisputed. The contractual partner is only entitled to assert rights of retention on the basis of counterclaims from the same contractual relationship. In the event of defects in the delivery, the counter rights of the contractual partner to these GTC shall remain unaffected.

(9) If the terms of payment are not complied with or if facts become known which give rise to justified doubts about the creditworthiness of the contractual partner, all our claims shall become due immediately. The same shall apply to costs incurred, to services rendered and to goods in progress as well as to goods that have been completed but not yet delivered. In such cases, we shall only be obliged to carry out outstanding deliveries and services against advance payment or provision of security and may withdraw from the contract after a reasonable period of grace or claim damages for non-performance. Furthermore, on the basis of the retention of title agreed in clause 6, we may prohibit the resale and processing of the delivered goods and demand their return or the transfer of direct possession of the delivered goods at the expense of the contractual partner. The contractual partner authorises us here and now to enter his premises in the aforementioned cases and to collect the delivered goods.

(1) We retain title to the goods sold until full payment of all our current and future claims arising from the purchase contract and an ongoing business relationship (secured claims).

(2) The contractual partner must treat the reserved goods with care. He must sufficiently insure them at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work becomes necessary, the contractual partner must carry it out in good time at his own expense.

(3) The goods subject to retention of title may neither be pledged to third parties nor assigned as security before full payment of the secured claims. The contractual partner must inform us immediately in writing if an application is made to open insolvency proceedings or if third parties (e.g. seizures) have access to the goods belonging to us.

(4) If the contractual partner behaves in breach of contract - in particular if he is in default with the payment of a claim for payment - we have the right to withdraw from the contract after we have set a reasonable deadline for performance. The transport costs incurred for taking back the goods shall be borne by the contractual partner. If we take back the reserved goods, this already constitutes a withdrawal from the contract. It also constitutes a withdrawal from the contract if we seize the goods subject to retention of title. We shall be entitled to realise the goods subject to retention of title taken back by us. The proceeds of the realisation shall be offset against the amounts owed to us by the contractual partner after we have deducted an appropriate amount for the costs of the realisation.

(5) The contractual partner is authorised until revocation in accordance with section 6 subsection (6) to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition.

(a) The retention of title extends to the products resulting from the processing, mixing or combining of our goods at their full value, whereby we are deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. Otherwise, the same shall apply to the resulting product as to the goods delivered under retention of title.

(b) The contractual partner hereby assigns to us by way of security the claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the above paragraph. We accept the assignment. The obligations of the contracting party set out in Clause 6 (3) shall also apply in respect of the assigned claims.

(6) The contractual partner remains authorised to collect the claim in addition to us. We undertake not to collect the claim as long as the contractual partner meets his payment obligations towards us, there is no deficiency in his ability to pay and we do not assert the retention of title by exercising a right pursuant to section 6 subsection (4). If this is the case, however, we may demand that the contractual partner informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment. Furthermore, in this case we shall be entitled to revoke the contractual partner's authorisation to further sell and process the goods subject to retention of title.

(7) If the realisable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the request of the contractual partner.

(1) The delivered items shall be carefully inspected immediately after delivery or upon acceptance to the contractual partner or to the third party designated by him. With regard to obvious defects or other defects which would have been recognisable in the course of an immediate, careful inspection, they shall be deemed to have been approved by the contractual partner if we do not receive a written notice of defect within 7 working days after delivery or acceptance. With regard to other defects, the delivery items shall be deemed to have been approved by the contractual partner if we do not receive the notice of defect within 7 working days after the time at which the defect became apparent; however, if the defect was already apparent at an earlier time during normal use, this earlier time shall be decisive for the beginning of the period for giving notice of defects. At our request, a delivery item which is the subject of a complaint shall be returned to us carriage paid or made available to us for the purpose of determining the defect. In the event of a justified notice of defect, we shall reimburse the costs of the most favourable shipping route; this shall not apply if the costs increase because the delivery item is located at a place other than the place of intended use. 

(2) In the event of material defects in the delivered items, we shall first be obliged and entitled to rectify the defect or to make a replacement delivery at our discretion within a reasonable period of time. Our right to refuse subsequent performance under the statutory conditions remains unaffected. In the event of failure, i.e. impossibility, unreasonableness, refusal or unreasonable delay of the rectification or replacement delivery, the contractual partner may withdraw from the contract or reasonably reduce the purchase price.

(3) If a defect is due to our fault, the contractual partner may claim damages under the conditions set out in clause 8.

(4) The warranty shall lapse if the contractual partner fails to comply with its obligations under section 7 subsection (4) or modifies the delivery item or has it modified by third parties without our consent and the rectification of defects is thereby rendered impossible or unreasonably difficult. In any case, the contractual partner shall bear the additional costs of remedying the defect resulting from the modification.

(1) We exclude our liability, irrespective of the legal nature of the asserted claim, for orders that include hot isostatic pressing, unless a guarantee has been given for the quality of the work or the defect has been fraudulently concealed. In all other respects, we shall be liable in accordance with the statutory provisions in the event of a breach of contractual and non-contractual obligations, insofar as nothing to the contrary arises from these GTC including the following provisions.

(2) We shall be liable for damages - irrespective of the legal grounds - within the scope of fault liability in the event of intent and gross negligence. In the event of simple negligence, we shall be liable, subject to statutory limitations of liability (e.g. care in own affairs; insignificant breach of duty), only

(a) for damages resulting from injury to life, body or health,

(b) for damages arising from the breach of a material contractual obligation (obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring damage.

(3) The limitations of liability resulting from section 8 subsection (1) and subsection (2) shall also apply to third parties as well as in the event of breaches of duty by persons (also in their favour) whose fault we are responsible for according to statutory provisions. They do not apply if a defect has been fraudulently concealed or a guarantee for the quality of the goods has been assumed and for claims of the contractual partner under the Product Liability Act.

(4) The contractual partner may only withdraw from or terminate the contract due to a breach of duty which does not consist of a defect if we are responsible for the breach of duty. A free right of termination of the contractual partner (in particular according to §§ 650, 648 BGB) is excluded. In all other respects, the statutory prerequisites and legal consequences shall apply.

(1) The general limitation period for claims arising from material defects and defects of title is one year from handover of the goods. Insofar as acceptance has been agreed, the limitation period shall commence with acceptance.

(2) The above limitation periods shall also apply to contractual and non-contractual claims for damages of the contractual partner which are based on a defect in the goods or service, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. Claims for damages of the contractual partner pursuant to section 8 subsection (1) and section 8 subsection (2)(a) as well as pursuant to the Product Liability Act shall become statute-barred exclusively in accordance with the statutory limitation periods.

(1) If we have to deliver or perform according to drawings, CAD data, models, samples or using parts provided by the contractual partner, the contractual partner shall be responsible for ensuring that the property rights of third parties are not infringed thereby. The contractual partner shall indemnify us against claims of third parties and compensate us for any damage incurred. If we are prohibited from manufacturing or supplying goods or services by a third party with reference to an industrial property right belonging to him, we shall be entitled - even without examining the legal situation - to stop the work and to demand compensation for our expenses.

(2) Apart from that, we shall only be liable for the fact that the products delivered by us do not infringe the property rights or know-how of third parties in accordance with the contractual agreement made in each individual case. If no such agreement has been made, we shall be liable in accordance with clause 8.

(3) Drawings, CAD and other data and samples provided to us which have not led to an order will be returned on request against reimbursement of costs. Otherwise, we are entitled to destroy such drawings, CAD and other data and samples three months after submission of the offer.

(4) Copyrights and other industrial property rights to models, moulds and devices, drafts, CAD data, drawings and other data designed by us or by third parties for us shall remain with us and shall not pass to the contractual partner upon delivery unless otherwise agreed with the contractual partner.

(1) Unless otherwise agreed, tools, equipment, moulds, auxiliary tools and the like which are required or manufactured for the execution of the order shall remain our property and in our possession. Insofar as such tools or equipment are specifically usable only for the relevant products manufactured for the contractual partner, they may be used exclusively within this framework. 

(2) Insofar as this is expressly agreed, tools shall become the property of the contractual partner. The following provisions shall then apply in addition to the other provisions of these GTC:

(a) Ownership of the tools shall pass to the contractual partner upon payment of all liabilities arising from the respective order. The tools shall be handed over to the contractual partner after full payment of all liabilities arising from the order and after completion of the order.

(b) At the request of the contractual partner, the tool shall be accepted by the contractual partner at our premises. In this case, an acceptance protocol shall be drawn up. The acceptance shall be governed by the statutory provisions.

(3) If the tool is manufactured according to a design or a 3D data set of the contractual partner, we shall only be liable for the conformity of the delivery item with the design or the 3D data set. In this case, responsibility for the correctness of the design and for that of the 3D data set shall be borne exclusively by the contractual partner. The same applies to all documents provided by the contractual partner.

(4) The contractual partner shall be exclusively responsible for compliance with accident prevention regulations after handover. Our tools and devices are installed in machines, the construction of which must comply with the accident prevention regulations. In all other respects, the provisions of these GTC apply accordingly.

Our company is due to be certified according to the international standards EN 9100 and ISO 9001. When fulfilling the order and processing the order, we are obliged to comply with the resulting regulations and standards. We also require this in principle according to EN 9100:2018 – 8.4.3 from our suppliers and their sub-suppliers.

The specifications and sources of supply specified by us in the order or otherwise required must be guaranteed by the supplier and compliance with these must be proven with appropriate certificates and proofs.

The supplier is obliged to keep quality-relevant documents and records for a period of 10 years.

The supplier undertakes to obtain written approval in the event of changes or deviations in product or process definitions, changes to its suppliers and changes in the location of the production facilities. 

The supplier undertakes to notify us of non-compliant products. The disposition of non-compliant parts may not take place without our written permission. 

Our employees and representatives of government agencies, customers or their delegates have access to all business premises where work is carried out for us at any time during normal business hours, regardless of whether they are the premises of the supplier or its sub-suppliers. You can inspect all order-related documents. The supplier is required to oblige any sub-suppliers in the agreements concluded with them accordingly. 

The supplier undertakes to apply appropriate measures to prevent the use of counterfeit parts, including the establishment of process structures (in particular product testing, employee training, and supplier selection).

The supplier's employees must be informed that our products can be delivered to the aviation industry. Our company therefore attaches great importance to the fact that the employees of the supplier are highly aware of the need for adequate product safety and the consequences of non-compliant work execution. We expect our suppliers to adhere to the legal requirements and the rules of good business practice with regard to ethics and compliance.

(1) The law of the Federal Republic of Germany shall apply to these GTC and the contractual relationship between us and the contractual partner. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded.

(2) If the contractual partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered office in Aachen. The same shall apply if the contractual partner is an entrepreneur within the meaning of § 14 BGB (German Civil Code). However, we are also entitled in all cases to bring an action at the place of performance of the delivery obligation in accordance with these GTC or a prior individual agreement or at the general place of jurisdiction of the contractual partner. Overriding statutory provisions, in particular on exclusive jurisdiction, shall remain unaffected.

(3) Should one or more provisions be or become invalid or void, or contain a loophole, the validity of the remaining GTCs shall remain unaffected. The parties undertake to agree on a valid provision in place of the invalid or void provision which comes as close as possible to what was intended according to the meaning of the invalid or void provision.

Our website also refers to third party sites. These are usually identified by specifying the Internet address or the company / product logo. OWL has no influence whatsoever on the content and design of these sites of other providers and therefore cannot extend the guarantee of this data protection declaration to such sites. 

As a rule, only so-called session cookies are used on our website. Such cookies store technical control data in the memory of your browser. However, you will not receive any personal data and will be deleted after you close your browser. In addition, you have the option of setting your browser so that it rejects cookies or you are informed before they are saved. 

This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. 

The full IP address is only transferred to a Google server in the USA and abbreviated there in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent.   

You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by clicking on the following link: http: // Download and install tools.google.com/dlpage/gaoptout?hl=de available browser plug-in. 

Additional information about how Google handles your personal data in its advertising network can be found here: http://www.google.com/intl/de/policies/privacy/ 

The code "gat._anonymizeIp ();" has been added to Google Analytics on this website in order to guarantee the anonymized collection of IP addresses. 

In principle, you can visit the OWL website without us knowing who you are. For statistical and internal system-related purposes only, in addition to your IP address, we also record the time of access, the amount of data transferred, which pages you visited, which page you accessed our website from and which browser you use (log Files). If this information should allow conclusions to be drawn about personal data, this is of course subject to the legal regulations of data protection. There is no personalization of the data. The data will be deleted after their statistical evaluation. 

In order to be able to use some offers on our website, in particular newsletters and contact forms, it is necessary that we receive personal data from you.

Personal data are individual details about personal and factual relationships to your person such as your name, your address or email address. We only collect such data if you voluntarily provide it to us and in this way show us that you consent to its use and processing. 

It goes without saying that we only collect data that is absolutely necessary to carry out these offers. If we ask you for further data, this is only for the purpose of, for example, making it easier for us to communicate with you or to improve our service. 

OWL generally uses and processes the personal data provided to process the contract and process your inquiries and requests. 

Data with personal content are also processed and used to a limited extent for support and marketing purposes, insofar as legal regulations allow this. If you no longer agree to such use, you can of course object to the further use at any time. 

Furthermore, your information provided to us can be combined with data that we have already stored about you. Such a combination of data has the advantage, among other things, that your customer data collected by us is always kept up to date, the accuracy of the information collected is guaranteed and our service to you can be optimized. 

We will only use and process your data beyond these purposes if you have given your express prior consent. Use and processing is only for the purposes communicated to you. 

We will of course not pass on your data to third parties unless we are obliged to do so by law or a judicial order. 

In particular, your personal data will not be sold, rented or exchanged. 

If you give us your email address, we will also communicate with you by email. If you no longer wish to receive such information, you can of course withdraw your consent at any time. In this case, please send us a short message to the specified postal or email address. 

9. Technical and organizational data protection 

Of course, the OWL takes the appropriate technical and organizational measures to protect the information provided by you to protect it from misuse and loss. This data is stored in a secure operating environment that is not accessible to the public. In addition, each of our employees is of course committed to data protection and confidentiality and instructed.

In the course of the ongoing development of the Internet, it is necessary to continuously adapt this data protection declaration to the changing circumstances. Such changes will be announced on this page in good time. 

You can request a general overview of the purpose and the group of people for which the OWL collects, processes and uses personal data. 

Upon written request, our data protection officer will be happy to provide you with information as to whether and if so which personal data we store about you. If your personal data is incorrect, you can have it corrected immediately. Information or changes are of course free of charge. 

You also have the right to partially or completely withdraw your consent to the use of data for the future. If you want one, we will delete or block your corresponding data.