GTC
(Status: 27.05.2026)
1General
1.1Our Terms and Conditions apply exclusively to businesses as defined in Section 310(1) of the German Civil Code (BGB). We will only recognize any terms and conditions of the contracting party that conflict with or deviate from these Terms and Conditions if we expressly agree to their validity in writing. The invalidity of any individual provision shall not affect the validity of the rest of these Terms and Conditions.
1.2These Terms and Conditions apply to all future offers, contracts, deliveries, and other services, even if they have not been expressly agreed upon again.
1.3The terms “we,” “us,” “our,” etc., as used in these Terms and Conditions, refer to PMM-Oil GmbH.
1.4Employees other than the management of PMM-Oil GmbH are not authorized to make deviating individual agreements..
2Offers and conclusion of contracts2.1All offers of PMM-Oil GmbH are subject to change and non-binding.
2.2Initial orders are considered accepted only if they have been confirmed in writing. Subsequent agreements become valid only upon written confirmation.
2.3After the contract has been concluded, PMM-Oil GmbH may still withdraw from it if individual enforcement measures have been taken or attempted against the contracting party and the contracting party has been unsuccessfully requested, after being given a reasonable period of time, to perform its obligations in exchange for the other party’s performance or to provide security.
3.1We reserve all rights of ownership and copyright in cost estimates, data sheets, other documents, and product samples; these may only be made available to third parties with our consent. Offers, data sheets, other documents, and product samples must be returned upon request at any time, and in any event if the order is not placed with us.
4.1Our prices are quoted in EURO, ex works, and exclude sales tax. Where sales tax is applicable, it will be charged separately at the applicable rate.
4.2 Price quotations are valid for 30 days unless otherwise agreed.
4.3Unless otherwise expressly agreed in the contract, we are not obligated to handle customs clearance or to declare and pay any duties, fees, taxes, customs duties, or other charges incurred outside the country in which we are headquartered.
4.4Upon providing evidence of unforeseen changes in the costs of raw materials, labor, energy, and other expenses for which we are not responsible, we are entitled to adjust the agreed-upon prices accordingly, provided that at least four months elapse between the conclusion of the contract and the scheduled delivery.
4.5Our invoices are due immediately and payable in full, unless specific payment terms have been agreed upon. Payment of invoices must be made exclusively to the PMM-Oil GmbH account specified on the invoice. The date of receipt of payment shall be the day on which the amount is received by us or credited to our bank account. In the event of late payment by the customer, we are entitled to charge interest at a rate of 8% p.a. above the base rate for the duration of the delay. Upon issuance of an invoice, the delivery date shall be deemed the due date, regardless of the invoice date.
4.6We do not pay interest on advance or installment payments.
4.7
4.8The customer is entitled to set off or withhold payments only if the customer’s counterclaim is undisputed or has been established by a final and binding court decision.
If the payment terms are exceeded on multiple occasions, we reserve the right to make further deliveries and provide services only upon receipt of payment in advance, and to suspend ongoing orders until outstanding balances have been settled.
5.1The quality of the delivery item and services is definitively described by expressly agreed performance characteristics (e.g., specifications, markings, approvals, other details). A warranty for a specific intended use or suitability is assumed only to the extent that this is expressly agreed in writing; otherwise, the risk of suitability and use rests exclusively with the customer. Performance characteristics or other qualities of the goods and services other than those expressly agreed are not owed. We reserve the right to make deviations from physical and chemical parameters including colors, formulations, processes, and the use of raw materials as well as order quantities, provided such deviations are customary in the trade or technically unavoidable, provided this is not unreasonable for the customer.
5.2Information regarding the characteristics and intended uses of our products does not constitute a warranty, in particular under Sections §§ 443, 444, and 639 of the German Civil Code (BGB), unless such information is expressly designated as such in writing.
6.1Binding delivery dates or deadlines must be expressly agreed upon in writing. Any deadlines or dates we otherwise indicate in the order confirmation or in any other form are always approximate.
6.2The start of any agreed delivery period shall be subject to the clarification of all technical and administrative details of the contract and the timely and proper fulfillment of the customer's obligations. The defense of non-performance of the contract is reserved.
6.3The date on which we notify you that the goods are ready for shipment shall be deemed the date of timely delivery.
6.4Events of force majeure and other circumstances beyond our control that make it impossible to fulfill orders on time shall release us from our delivery obligation for the duration of such circumstances.
6.5We are entitled to partial deliveries and partial services.
7Transfer of risk7.1Cancellation by the Customer - Cancellation of a binding order or a concluded purchase contract by the customer is generally not permitted. Exceptions apply only in the case of a mutually agreed cancellation. The customer may request the cancellation of an order or a contract in writing. Such a cancellation becomes effective only upon express written confirmation by PMM-Oil GmbH. PMM-Oil GmbH is entitled to charge a cancellation fee in the event of such a mutually agreed cancellation. This fee amounts to 10% of the agreed purchase price for the canceled goods. The customer reserves the right to prove that PMM-Oil GmbH has incurred no damage or significantly less damage.
7.2Cancellation by PMM-Oil GmbH - PMM-Oil GmbH is entitled to terminate the contract in the following cases:
a) Material breach of contract by the customer: If, despite a written warning with a reasonable notice period (at least 14 days), the customer breaches material contractual obligations, in particular fails to fulfill prior payment obligations, fails to make the agreed advance payment, or refuses to accept the goods.
b) Insolvency of the customer: If insolvency proceedings are opened against the customer’s assets or if the opening of such proceedings is rejected due to lack of assets.
8.1Unless otherwise specified in our offer, our deliveries are made “ex works.”
8.2
8.3Risk passes to the customer as soon as the delivery or partial delivery has been handed over to the carrier or has left our warehouse for shipment. This also applies to partial deliveries. If shipment is delayed at the customer’s request or for reasons for which the customer is responsible, risk passes to the customer upon our notification to the customer that the goods are ready for shipment.
The delivered goods will be insured against theft, damage during transport, fire, water damage, or other insurable risks only at the express request of the purchaser and at the purchaser’s expense.
9.1Until all claims, including all outstanding balances on current accounts, to which PMM-Oil GmbH is entitled against the contracting party now or in the future for any legal reason, have been satisfied, the following security interests are granted to PMM-Oil GmbH.
9.2The goods remain the property of PMM-Oil GmbH until full payment has been made. All deliveries are made exclusively subject to retention of title. Provided that the goods are not mixed with third-party goods after delivery, title to them shall not pass to the contracting party until all obligations that PMM-Oil GmbH has toward the contracting party arising from their business relationship have been fulfilled.
10Claims due to defects10.1We are liable for defects in the goods we deliver only in accordance with the following provisions.
10.2The customer must duly fulfill its obligations to inspect and give notice of defects in accordance with Section § 377 of the German Commercial Code (HGB). The customer must submit any notice of defects to us in writing, specifying the exact nature and extent of the defect, so that we may verify the validity of the claim. If a re-examination of the goods subject to complaint is no longer possible, in particular if it can no longer be determined whether defects are attributable to the delivery by PMM-Oil GmbH, complaints are no longer admissible. This is generally the case when goods delivered by PMM-Oil GmbH are mixed with third-party goods.
10.3
10.4
10.5
10.6In the event of a complaint, the contracting party must send samples of the goods in question to PMM-Oil GmbH. The sampling must be conducted in accordance with the provisions of the relevant DIN standard.
If warranty claims arise due to defective goods, the contracting party may request a replacement. Only if the replacement fails may the contracting party demand a reduction in price or rescission of the contract. In the event of a replacement, the customer is obligated to return the defective item upon request.
Any damage incurred during transport must be reported to the carrier. In this regard, the reporting obligations set forth in the General German Freight Forwarding Conditions apply.
If the customer has wrongfully reported a defect, we may seek claims for compensation for expenses we incurred in connection with the complaint.
11.1
11.2
11.3Claims for compensation of damages are excluded unless they are based on intent or gross negligence attributable to PMM-Oil GmbH. This does not apply to damages resulting from injury to life, body or health, which are based on a negligent breach of duty by PMM-Oil GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of PMM-Oil GmbH.
In case of claims due to defects of the delivered products, the limitation period shall be 2 years from delivery of the products.
The claims for reduction and the exercise of a right of withdrawal shall be excluded insofar as the claim for subsequent performance is time-barred.
12.1The contractual partner is responsible for compliance with the applicable statutory and official regulations (in particular on transport, storage, use and handling of the goods). The customer must inform himself about applicable registration, information and notification obligations and ensure compliance with the obligations in particular during transport, storage, use and handling of the goods.
13.1The parties are obligated to observe the statutory provisions on data protection, in particular the EU General Data Protection Regulation ("EU-DSGVO") in the execution of the contract and to impose compliance with these provisions on their employees.
13.2The parties shall process the personal data received (names and contact details of the respective contact persons) exclusively for the purpose of fulfilling the contract and shall protect them by means of security measures (Art. 32 EU-DSGVO) adapted to the current state of the art. The parties are obliged to delete the personal data as soon as their processing is no longer necessary. Any statutory retention obligations remain unaffected by this.
14.1The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of its private international law, insofar as it refers to the validity of another legal system.
14.2The place of performance shall be Arnstadt. In the event of any disputes arising from the contractual relationship, if the Customer is a merchant, a legal entity under public law or a special fund under public law, the action shall be brought before the court having jurisdiction for the registered office of PMM-Oil GmbH. PMM-Oil GmbH is also entitled to take legal action at the headquarters of the customer.