Terms of sale & delivery
Status: September 2026
1. Scope of application
1.1 These Terms of Sale and Delivery ("Terms") apply to all present and future business relationships concerning the sale and delivery of products and the provision of services by any company of the GIEBEL Group acting as the contracting entity in the relevant transaction ("GIEBEL").
These Terms apply exclusively to transactions with entrepreneurs acting in the course of their commercial or independent professional activities, as well as with legal entities under public law and special funds under public law, to the extent permitted by applicable law.
1.2 The GIEBEL Group operates internationally through various affiliated companies.
The website is operated by GIEBEL Group GmbH, Carl-Zeiss-Str. 5, 74626 Bretzfeld, Germany. GIEBEL Group GmbH is not automatically the contracting entity for orders placed through the website.
The contracting entity for a particular order is determined based on the delivery address and the applicable commercial and operational requirements of the GIEBEL Group. The applicable contracting entity will be clearly identified during the ordering process before the customer places the order and will also be stated in the order confirmation and invoice.
1.3 The following companies may act as contracting entities:
- Germany: GIEBEL Germany GmbH, Carl-Zeiss-Str. 5, 74626 Bretzfeld, Germany
- Italy: GIEBEL FilTec S.r.l., Via Milazzo 34 ter, 21052 Busto Arsizio (VA), Italy
- USA: GIEBEL FilTec Inc., 575 Wharton Dr SW, Atlanta, GA 30336, USA
- China: GIEBEL Technology (Dongguan) Co., Ltd., Room 302, Building 3, No. 1 Jizhou Middle Road, Daojiao Town, Dongguan City, Guangdong Province, China
- Hong Kong: GIEBEL Asia Pacific Ltd., RM 617A, 6/F Global Plaza, No. 1 Sha Tsui Road, Tsuen Wan NT, Hong Kong
- India: GIEBEL FilTec India Pvt. Ltd., D-94, Angol Industrial Estate, Near Rani Channamma Nagar, Udyambag, Belagavi 590 008, Karnataka KA, India
GIEBEL may update this list where the corporate structure changes.
1.4 The customer's own terms and conditions shall not apply unless GIEBEL expressly agrees to their application in writing.
This shall also apply if GIEBEL accepts or performs an order without expressly objecting to the customer's terms and conditions.
1.5 These Terms apply irrespective of whether the contract is concluded through the online shop, by e-mail, through a GIEBEL sales representative, by individual offer, or by any other agreed means.
2. Offers and contract formation
2.1 Offers made by GIEBEL are non-binding unless expressly designated as binding or a binding period is expressly stated.
Information concerning products, prices, specifications, delivery times and availability provided during the ordering process is non-binding unless expressly stated otherwise.
2.2 An order placed by the customer constitutes a binding offer to conclude a contract.
GIEBEL's confirmation of receipt of the order does not constitute acceptance unless the confirmation expressly states that the order has been accepted.
The contract shall be concluded upon GIEBEL's express acceptance, by commencement of performance, or by delivery of the ordered products, whichever occurs first, unless otherwise agreed.
2.3 Any amendments or deviations from the customer's order shall only become binding if confirmed by GIEBEL in writing or in text form.
2.4 If the customer's order qualifies as a binding offer under applicable law, GIEBEL shall be entitled to accept the offer within four weeks unless a different acceptance period is stated in the offer or otherwise agreed.
2.5 Obvious errors in quotations, order confirmations, invoices or other documents shall entitle GIEBEL to correct or withdraw from the affected transaction to the extent permitted by applicable law. Claims for damages arising solely from such an obvious error shall be excluded to the extent legally permissible.
3. Contract documents and order of precedence
In the event of contradictions between contractual documents, the following order of precedence shall apply, unless expressly agreed otherwise:
- an individual written agreement or framework agreement;
- the order confirmation;
- the applicable offer, including expressly incorporated technical documents;
- these Terms;
- other documents or information.
An individual agreement shall prevail over these Terms only to the extent that it expressly deviates from them.
4. Products, specifications and technical Changes
4.1 The products supplied by GIEBEL may include, among others:
- adsorber filters;
- desiccants;
- accessories;
- standard products and standard configurations;
- customized products;
- spare parts;
- engineering services and engineering-related deliverables.
4.2 The customer shall provide all information and specifications required to determine the intended use of the product and all technically relevant conditions of use.
If the customer fails to provide complete information, GIEBEL's general product specifications shall apply to the extent relevant.
4.3 The scope of delivery shall be determined by the order confirmation or, where the contract is concluded by acceptance of a binding offer, by the applicable offer.
4.4 GIEBEL reserves the right to make reasonable technical changes, including changes to design, dimensions, materials, form, colour, weight or components, where such changes result from technical development, legal requirements, availability of components or other legitimate technical reasons, provided that the agreed essential function and performance of the product are not materially impaired.
4.5 For customized products and engineering projects, the technical specifications, drawings, models and other documents expressly approved for the relevant order shall be decisive.
5. Customer-specific products and production release
5.1 Customized products and products manufactured specifically according to the customer's requirements shall only be produced after the customer has issued the required production release.
5.2 Until the required production release has been issued, the order shall remain open and production shall not commence.
5.3 The customer is responsible for reviewing and approving the technical specifications, drawings, CAD data, 3D models and other documents submitted for approval.
5.4 If the customer delays a required release or other necessary cooperation, agreed delivery dates shall be extended accordingly.
5.5 Once the customer has issued the production release, cancellation of the order by the customer shall be excluded, to the extent permitted by applicable law.
If the customer nevertheless refuses acceptance or otherwise fails to perform the contract after production release, GIEBEL shall be entitled to claim the agreed contract price and/or the resulting damages and additional costs, subject to applicable law.
6. Prices, currency and payment
6.1 Unless otherwise stated in the offer, prices shall be as specified in the applicable offer or order confirmation.
Unless otherwise agreed, transport and shipping costs shall be charged separately.
6.2 The invoice shall be issued in the national currency applicable to the GIEBEL company acting as the contracting entity for the relevant transaction, unless otherwise stated in the offer or agreed with the customer.
6.3 Invoices are payable immediately upon receipt and, in any event, no later than 7 calendar days from the invoice date, unless otherwise expressly agreed in writing. In the event of a significant deterioration in the customer's financial circumstances or reasonable doubts regarding the customer's creditworthiness, GIEBEL shall be entitled to require advance payment or adequate security.
6.4 All agreed payment methods may be used, including advance payment, payment against invoice and other payment methods expressly offered or agreed by GIEBEL.
6.5 If, after conclusion of the contract, circumstances arise which give GIEBEL reasonable grounds to doubt the customer's creditworthiness or ability to pay, GIEBEL may, to the extent permitted by applicable law, require advance payment or adequate security.
If the customer fails to provide the requested advance payment or security within a reasonable period, GIEBEL may suspend performance or withdraw from the contract to the extent legally permissible.
6.6 In the event of late payment, GIEBEL shall be entitled to statutory default interest and any further statutory remedies applicable under the governing law.
GIEBEL reserves the right to claim higher damages caused by delay where permitted by applicable law.
6.7 The customer may only set off claims against GIEBEL's claims or exercise a right of retention to the extent permitted by applicable law and provided that the customer's counterclaim has been finally adjudicated, is undisputed, or has been expressly acknowledged by GIEBEL.
7. Delivery and delivery dates
7.1 Delivery dates stated by GIEBEL shall only be binding if expressly designated as binding.
7.2 The commencement of any delivery period shall be subject to the timely clarification of all technical and commercial matters and the proper fulfilment of all obligations of the customer.
This includes, in particular, the provision of drawings, specifications, approvals, releases, technical information, advance payments and other documents or cooperation required from the customer.
If the customer fails to fulfil such obligations on time, the delivery period shall be extended accordingly.
7.3 Partial deliveries shall be permissible where reasonable for the customer or where agreed.
7.4 If unforeseen circumstances occur for which GIEBEL is not responsible and which materially affect production, procurement or delivery, the delivery period shall be extended for the duration of the impediment plus a reasonable restart period.
Such circumstances include, in particular, strikes, lockouts, labour disputes, epidemics, pandemics, official measures, quarantine orders, natural disasters, war, armed conflict, terrorism, supply-chain disruptions, shortages of raw materials or components, energy shortages and other events beyond GIEBEL's reasonable control.
This shall also apply where such circumstances affect suppliers or subcontractors of GIEBEL.
7.5 If such an impediment continues for an unforeseeable period and makes performance commercially unreasonable or impossible, GIEBEL may withdraw from the affected part of the contract to the extent permitted by applicable law.
GIEBEL shall inform the customer without undue delay. Payments already received for undelivered goods shall be refunded for the affected part of the contract, subject to applicable law.
7.6 If GIEBEL is in delay with delivery, the customer's rights shall be determined by the applicable law. To the extent legally permissible, claims for damages shall be subject to Section 16 of these Terms.
8. Shipping, transport costs and transfer of risk
8.1 GIEBEL shall deliver the products to the delivery address specified in the order, unless otherwise agreed.
The customer may collect the products from GIEBEL where collection has been agreed.
8.2 Transport and shipping costs shall be charged separately unless otherwise expressly agreed.
8.3 Unless otherwise agreed in the offer or order confirmation, the risk of accidental loss or accidental deterioration shall pass to the customer upon delivery of the products to the agreed delivery address.
In the case of customer collection, the risk shall pass upon handover of the products to the customer or the customer's carrier.
8.4 If shipment or delivery is delayed for reasons attributable to the customer, the risk shall pass to the customer when the products are ready for shipment or collection.
8.5 If the customer is in default of acceptance, the risk shall pass to the customer at the time the customer enters into default, to the extent permitted by applicable law.
9. Customer cooperation and acceptance
9.1 The customer shall provide all information, approvals, releases, documents and other cooperation required for the performance of the contract in a timely manner.
9.2 Where a technical approval, customer release, inspection or acceptance is expressly agreed as a prerequisite for further performance, the relevant order shall remain open until such approval, release, inspection or acceptance has been completed.
9.3 No automatic acceptance shall apply unless expressly agreed otherwise and legally permissible.
9.4 Delays resulting from missing or delayed customer cooperation shall extend delivery or performance periods accordingly.
10. Packaging
10.1 GIEBEL shall package products appropriately for the agreed type of transport and in accordance with applicable legal requirements.
10.2 Special packaging requirements requested by the customer must be agreed before order acceptance and may result in additional costs.
10.3 Packaging shall be handled, returned or disposed of in accordance with the applicable laws and regulations at the place of delivery.
11. Inspection and notification of defects
11.1 The customer shall inspect delivered products within a reasonable period for conformity with the order and for externally recognizable defects, shortages or transport damage.
11.2 Any externally recognizable defects, shortages or transport damage shall be notified to GIEBEL in text form without undue delay.
11.3 Defects that could not reasonably have been detected during the initial inspection shall be notified without undue delay after discovery.
11.4 The customer shall provide GIEBEL with all information and evidence reasonably required to investigate the alleged defect.
12. Warranty and defects
12.1 Unless otherwise expressly agreed, the statutory warranty period for claims based on defects shall be 12 months from delivery, to the extent permitted by applicable law.
Mandatory statutory provisions shall remain unaffected.
12.2 GIEBEL shall initially be entitled to provide supplementary performance by repairing the defective product or supplying a defect-free replacement product, at GIEBEL's reasonable discretion and subject to applicable law.
12.3 GIEBEL shall bear the necessary costs of supplementary performance to the extent required by applicable law.
Additional costs arising because the product has been transported to a location other than the agreed place of performance may be excluded or limited to the extent legally permissible.
12.4 If supplementary performance fails or is not reasonably possible within a reasonable period, the customer may exercise the remedies available under applicable law, including withdrawal from the contract or reduction of the purchase price, where applicable.
The customer shall generally grant GIEBEL a reasonable opportunity to remedy the defect before exercising further remedies, unless this is not required by applicable law.
12.5 A supplementary performance shall not automatically result in a new warranty period for the entire product.
If an individual component is replaced, any statutory or contractual warranty period relating to the replacement component shall be determined in accordance with applicable law. No general extension or restart of the warranty period for the entire product shall result solely from the replacement.
12.6 Product descriptions, technical data and specifications shall only constitute agreed quality characteristics to the extent expressly incorporated into the contract.
General advertising, public statements and promotional material shall not constitute a contractual guarantee unless expressly agreed otherwise.
12.7 GIEBEL does not provide guarantees in the legal sense unless expressly agreed in writing.
Manufacturer warranties provided by third parties shall remain unaffected.
12.8 Warranty claims shall be excluded to the extent that defects result from improper use, improper installation, unauthorized modifications, unsuitable operating conditions, normal wear and tear, use contrary to the agreed purpose, or the use of components or materials not approved by GIEBEL, unless the customer proves that the relevant circumstance did not cause the defect.
13. Intellectual property and GIEBEL know-how
13.1 All intellectual property rights in GIEBEL's products, technical concepts, designs, drawings, CAD files, 3D models, calculations, specifications, engineering documents, processes, methods, know-how and other technical or commercial information shall remain with GIEBEL or the relevant rights holder.
13.2 The customer shall receive only those rights of use that are expressly granted by contract or are strictly necessary for the contractual use of the products.
No transfer of ownership or intellectual property rights shall arise from the delivery of a product or document unless expressly agreed.
13.3 GIEBEL's know-how shall remain the property of GIEBEL.
The customer shall not use, reproduce, disclose, reverse engineer, transfer or otherwise exploit GIEBEL's confidential know-how or technical documentation beyond the purposes expressly permitted under the contract.
13.4 Drawings, CAD files, 3D models, calculations and other documents provided by GIEBEL may not be reproduced, disclosed to third parties, commercially exploited or used for the manufacture of competing products without GIEBEL's prior written consent, except where mandatory law provides otherwise.
13.5 GIEBEL reserves all rights to documents and materials marked as confidential or otherwise recognizable as confidential.
Upon request, such documents shall be returned or deleted to the extent legally and technically possible.
14. Customer materials and third-party rights
14.1 Drawings, CAD files, specifications, trademarks, logos, samples, data and other materials provided by the customer remain the property or intellectual property of the customer or the relevant rights holder.
14.2 The customer grants GIEBEL the rights necessary to use such materials for the performance of the contract.
14.3 The customer warrants that the use of customer-provided materials in accordance with the contract does not infringe third-party intellectual property rights or other rights.
14.4 The customer shall indemnify and hold harmless GIEBEL, to the extent permitted by applicable law, against third-party claims arising from an infringement caused by customer-provided materials, specifications, designs or instructions.
15. Confidentiality
15.1 Each party shall keep confidential all confidential information received from the other party in connection with the contractual relationship.
Confidential information includes, in particular, technical information, drawings, CAD data, 3D models, calculations, prices, commercial information, business plans, know-how, trade secrets and other information which is reasonably recognizable as confidential.
15.2 Confidential information may only be disclosed to employees, affiliated companies, professional advisers, subcontractors or service providers where disclosure is necessary for the performance of the contract and the recipient is subject to appropriate confidentiality obligations.
15.3 The confidentiality obligations shall not apply to information which:
- is publicly available without breach of the contract;
- was already lawfully known to the receiving party;
- is lawfully received from a third party without confidentiality obligations; or
- must be disclosed pursuant to mandatory law or a binding order of a competent authority.
15.4 The confidentiality obligations shall survive termination of the contractual relationship for as long as the information remains confidential or constitutes a trade secret under applicable law.
16. Limitation of liability
16.1 To the extent permitted by applicable law, GIEBEL shall be liable for negligent breaches of contractual obligations only for foreseeable, direct and contract-typical damage.
16.2 To the extent legally permissible, GIEBEL shall not be liable for indirect or consequential losses, loss of profit, loss of production, loss of business, loss of revenue, loss of use or damage to other property not forming part of the delivered product.
16.3 The limitations and exclusions of liability shall not apply where liability is mandatory under applicable law, including in cases of intent, gross negligence, injury to life, body or health, fraudulent concealment of a defect, expressly assumed guarantees, or mandatory product liability provisions.
16.4 Where GIEBEL breaches a material contractual obligation, liability shall, to the extent legally permissible, be limited to the foreseeable, direct and contract-typical damage.
16.5 Where legally permissible, GIEBEL's total liability for claims arising from a breach of material contractual obligations shall be limited to the amount covered by GIEBEL's applicable business liability insurance, unless the damage was caused by intent or gross negligence or mandatory law provides otherwise.
Upon reasonable request, GIEBEL may provide appropriate evidence of its relevant insurance coverage.
16.6 GIEBEL shall generally not be liable for defects caused by the installation or use of parts, components or materials not manufactured or specified by GIEBEL where such use was requested or accepted by the customer, unless mandatory law provides otherwise.
16.7 GIEBEL shall not be liable for installation work carried out by the customer or third parties engaged by the customer, except to the extent the damage was caused by a defect in products or instructions supplied by GIEBEL and liability is mandatory under applicable law.
16.8 The above limitations shall also apply to the personal liability of GIEBEL's employees, officers, representatives, agents and subcontractors to the extent legally permissible.
16.9 Claims for which liability is mandatory under applicable product liability legislation shall remain unaffected.
17. Retention of title
17.1 To the extent permitted by applicable law, GIEBEL shall retain title to delivered products until full payment of all amounts due under the relevant contractual relationship.
Where legally permissible, the retention of title shall also secure claims arising from the ongoing business relationship with the customer.
17.2 The customer shall treat products subject to retention of title with due care and shall insure them appropriately against risks such as fire, water damage and theft where required by applicable law or reasonably requested by GIEBEL.
17.3 The customer shall inform GIEBEL without undue delay of any seizure, attachment or other third-party intervention affecting products subject to retention of title.
17.4 The customer may resell products subject to retention of title in the ordinary course of business to the extent permitted by applicable law.
Where legally permissible, the customer hereby assigns to GIEBEL the claims arising from such resale in the amount of the purchase price of the products subject to retention of title.
17.5 The customer shall not pledge, assign as security or otherwise encumber products subject to retention of title without GIEBEL's prior consent.
17.6 If the customer breaches the contract, particularly by failing to make due payments, GIEBEL may exercise the rights available under applicable law, including demanding the return of products subject to retention of title.
Taking back the products shall not automatically constitute withdrawal from the contract unless GIEBEL expressly declares withdrawal or applicable law provides otherwise.
18. Use of affiliates and subcontractors
18.1 GIEBEL may use affiliated companies within the GIEBEL Group as well as qualified subcontractors, suppliers and service providers for the performance of contractual obligations.
18.2 The use of another GIEBEL Group company or subcontractor shall not, by itself, result in a change of the contractual entity.
The company identified as the contracting entity in the order confirmation and invoice shall remain the contracting party, subject to applicable law.
18.3 GIEBEL may share information and documents required for contract performance with affiliated companies, subcontractors and service providers subject to appropriate confidentiality and data protection requirements.
19. Export control, sanctions and embargoes
19.1 The customer shall comply with all applicable export control, customs, sanctions, embargo, anti-terrorism and foreign trade laws and regulations applicable to the purchase, resale, export, import, transfer or use of GIEBEL products.
19.2 The customer shall provide GIEBEL with all information reasonably required to assess export-control and sanctions requirements, including information regarding:
- the end customer;
- the end user;
- the destination country;
- the intended end use; and
- any other information required for applicable export-control or sanctions compliance.
19.3 The customer shall obtain all permits, licences and approvals required for the import, export, transfer or use of the products, unless responsibility for obtaining such permits has expressly been assumed by GIEBEL.
19.4 The customer shall not resell, transfer, export or otherwise make products available to sanctioned persons, entities or destinations or for prohibited end uses.
19.5 GIEBEL shall be entitled to suspend performance, refuse delivery, cancel or withdraw from the affected contract, to the extent permitted by applicable law, if GIEBEL reasonably determines that performance could violate applicable export-control, sanctions, embargo or foreign trade requirements or expose GIEBEL or another GIEBEL Group company to material legal or regulatory risk.
19.6 The customer shall indemnify GIEBEL, to the extent permitted by applicable law, against claims, penalties, losses and costs resulting from the customer's breach of applicable export-control, customs or sanctions requirements.
20. Data protection
The parties shall comply with applicable data protection and privacy laws in connection with the performance of the contract.
Further information concerning the processing of personal data by GIEBEL Group GmbH and/or the relevant GIEBEL Group company is available in the applicable Privacy Policy published on the GIEBEL website.
21. Technical data, sensors and customer data
21.1 Certain GIEBEL products may include sensors or other technical components capable of transmitting product-related data to the customer's own systems, including via Modbus RTU.
21.2 Unless expressly agreed otherwise, such data remain within the customer's systems and are not transmitted to or accessed by GIEBEL.
21.3 GIEBEL does not operate or provide a cloud platform or remote data interface for such customer-local sensor data unless expressly agreed in a separate written agreement.
22. Cancellation and withdrawal
22.1 Cancellation of an accepted order by the customer shall require GIEBEL's prior written consent unless the customer has a mandatory statutory right of cancellation.
22.2 For customized products, cancellation after production release is excluded to the extent permitted by applicable law.
22.3 If GIEBEL agrees to cancellation, GIEBEL may charge the customer for all costs and expenses already incurred and all other amounts legally recoverable in connection with the cancellation.
22.4 The customer shall remain responsible for products or components that have already been specifically procured, manufactured or commissioned for the customer's order and cannot reasonably be used elsewhere, subject to applicable law.
23. Assignment
23.1 The customer may not assign claims, rights or obligations arising from the contractual relationship to third parties without GIEBEL's prior written consent, to the extent permitted by applicable law.
23.2 GIEBEL may assign claims and transfer rights and obligations within the GIEBEL Group and in connection with corporate reorganizations, mergers, acquisitions, transfers of business or similar transactions, to the extent permitted by applicable law.
24. Force majeure
Neither party shall be responsible for failure or delay in performance caused by events beyond its reasonable control and which could not reasonably have been prevented or overcome.
Such events include, in particular, natural disasters, war, armed conflict, terrorism, epidemics, pandemics, governmental measures, sanctions, embargoes, labour disputes, strikes, lockouts, energy shortages, transportation disruptions, supply-chain disruptions, shortages of raw materials or components, cyber incidents affecting essential infrastructure, and comparable events.
The affected party shall inform the other party within a reasonable period where practicable.
25. Intellectual property infringement
25.1 If the use of a product supplied by GIEBEL infringes third-party intellectual property rights, GIEBEL shall, subject to applicable law and the requirements of this Section, use reasonable efforts to obtain the right for the customer to continue using the product or modify or replace the product so that the infringement is avoided.
25.2 The customer shall promptly inform GIEBEL of any third-party claim concerning an alleged infringement and shall provide reasonable assistance in defending such claim.
25.3 GIEBEL shall not be liable for infringement claims resulting from:
- specifications or designs supplied by the customer;
- modifications made by the customer or third parties;
- combination of the product with products not supplied or approved by GIEBEL; or
- use of the product outside its agreed or intended purpose.
26. Compliance with laws and regulations
Each party shall comply with all laws and regulations applicable to its respective contractual obligations.
The customer shall ensure that the products are used in accordance with all applicable laws and regulations at the place of use, including applicable safety, environmental, installation and operational requirements.
Unless expressly agreed otherwise, GIEBEL does not assume responsibility for obtaining local approvals, permits or certifications required solely because of the customer's intended use or local installation of the products.
27. Governing law, CISG and jurisdiction
27.1 The contractual relationship shall be governed exclusively by the substantive law applicable in the jurisdiction assigned to the GIEBEL company acting as the contracting entity, excluding its conflict-of-law rules to the extent legally permissible.
27.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The application of any other international convention governing the international sale of goods shall also be excluded to the extent legally permissible.
27.3 The following country-specific provisions apply:
Germany – GIEBEL Germany GmbH
The contractual relationship shall be governed by the substantive law of the Federal Republic of Germany.
To the extent legally permissible, the courts having jurisdiction at the registered office of GIEBEL Germany GmbH shall have exclusive jurisdiction.
GIEBEL Germany GmbH shall additionally be entitled to bring proceedings at any other competent court.
Italy – GIEBEL FilTec S.r.l.
The contractual relationship shall be governed by the substantive law of Italy.
To the extent legally permissible, the courts having jurisdiction at the registered office of GIEBEL FilTec S.r.l. shall have jurisdiction over disputes arising from the contractual relationship.
United States of America – GIEBEL FilTec Inc.
The contractual relationship shall be governed by the substantive laws of the State of Georgia, without regard to its conflict-of-law rules, to the extent legally permissible.
To the extent legally permissible, the state and federal courts located in or having jurisdiction over Atlanta, Georgia, shall have jurisdiction over disputes arising from the contractual relationship.
China – GIEBEL Technology (Dongguan) Co., Ltd.
The contractual relationship shall be governed by the substantive laws of the People's Republic of China, to the extent legally permissible.
The competent courts at the registered office of GIEBEL Technology (Dongguan) Co., Ltd. shall have jurisdiction to the extent legally permissible.
Hong Kong – GIEBEL Asia Pacific Ltd.
The contractual relationship shall be governed by the laws of Hong Kong.
The competent courts of Hong Kong shall have jurisdiction over disputes arising from the contractual relationship, to the extent legally permissible.
India – GIEBEL FilTec India Pvt. Ltd.
The contractual relationship shall be governed by the substantive laws of India, to the extent legally permissible.
The competent courts at the registered office of GIEBEL FilTec India Pvt. Ltd. shall have jurisdiction over disputes arising from the contractual relationship, to the extent legally permissible.
27.4 Mandatory statutory provisions applicable at the place of performance, place of delivery, place of use or otherwise applicable to the relevant transaction shall remain unaffected.
28. Language
28.1 These Terms are issued in English.
Translations into German, Italian, Chinese, Hindi or other languages may be provided for convenience and information purposes.
28.2 In the event of any conflict, inconsistency or discrepancy between the English version and any translated version, the English version shall prevail, to the extent permitted by applicable law.
29. Notices and communication
Unless otherwise required by mandatory law, communications between GIEBEL and the customer may be made in writing or in text form, including by e-mail.
The customer shall ensure that GIEBEL has current and valid contact details for relevant commercial, technical and accounting contacts.
30. Severability
If any provision of these Terms is or becomes invalid, illegal or unenforceable, in whole or in part, the validity of the remaining provisions shall not be affected.
The parties shall replace the invalid or unenforceable provision, to the extent legally permissible, with a valid provision that most closely reflects the commercial purpose of the original provision.
31. No waiver
Failure by GIEBEL to exercise or enforce any right under these Terms shall not constitute a waiver of that right.
A waiver shall only be effective if expressly made in writing.
32. Amendments to these terms
GIEBEL may amend these Terms for future business relationships.
The version of the Terms applicable to a particular contract shall be the version valid at the time the contract is concluded, unless otherwise expressly agreed.
Individual amendments or deviations from these Terms shall require written confirmation by GIEBEL.
33. Contracting entity information
The relevant contracting entity shall be identified during the ordering process and in the applicable order confirmation and invoice.
The current corporate information of the GIEBEL Group companies may be published on the GIEBEL Group website and may be updated from time to time.
The website operator is:
GIEBEL Group GmbH
Carl-Zeiss-Str. 5
74626 Bretzfeld
Germany
Represented by the Managing Director: Heinrich Laas, CEO