General Terms and Conditions (GTC)

These Terms and Conditions for Sale (these “Terms”) apply to sales to consumers and entrepreneurs as follows:

• For sales to consumers, the provisions in Part A of these Terms apply. “Consumer” in the sense of these Terms means a natural person who, when placing an order, acts for purposes that predominantly are outside its trade, business or profession.

• For sales to entrepreneurs, the provisions in Part B of these Terms apply. “Entrepreneur” in the sense of these Terms means a natural or legal person or a partnership with legal capacity who, when placing the order, acts in exercise of their trade, business or profession. Legal entities under public law shall also be deemed to be entrepreneurs in the aforementioned sense.

• “Magirus” in the sense of these Terms means Magirus GmbH, Graf-Arco-Straße 30, 89079 Ulm, Germany.

1. The sale by Magirus via the Magirus webshop https://www.magirus.com (“Webshop”) to any of its customers (“Customer”) of (i) equipment and systems (“Equipment”), (ii) merchandise items and other consumer goods (“Consumer Goods”), and (iii) spare parts and components (“Spare Parts”) (Equipment, Consumer Goods, and Spare Parts collectively referred to as “Products”) is governed exclusively by these Terms and any special agreements made in text form.

2. By placing an order with Magirus, the Customer agrees to the application of these Terms. Any conflicting, deviating, or supplementary contractual terms and conditions of the Customer shall not apply, even if they have not been expressly rejected or if Magirus, having knowledge thereof, accepts or effects performance without reservation.

3. The exclusive language available for the conclusion of the contract shall be German. Translations of these Terms to other languages are for convenience only. In the event of inconsistencies between the German text and the translations, the German text shall prevail.

4. Additions, amendments, and other special agreements require Magirus’ confirmation in text form in or der to be effective. This also applies to the cancellation of this form requirement.

5. This Part A (Sections 1-8) of these Terms apply to Customers that are Consumers as defined above.

1. Any presentation of the Products on the Webshop and any other websites is indicative and does not constitute a legally binding offer from Magirus but is for information and illustration purposes only.

2. To complete the order the Customer must fill in all required information on the Webshop, choose an available payment method, and confirm acknowledgement of these Terms. Before completing the order process the Customer will be able to review and amend its information or to cancel the order process. The Customer will place a binding order with Magirus by accepting the “obligation to pay button”. Magirus will then by email confirm receipt of the order without undue delay; this confirmation of receipt does not constitute acceptance of the order by Magirus, but is provided solely for information purposes.

3. A binding contract for the sale of the Product is not formed until Magirus declares acceptance of the Customer’s order in text form or initiates delivery of the Product.

4. Magirus will not store the relevant contractual information for the benefit of the Customer.

The Customer has a statutory right of withdrawal. The following withdrawal policy is addressed to the Customer and will be sent to the Customer in text form as part of the processing of the Customer’s order. For the exercise of the withdrawal right, the Customer can use the model withdrawal form reproduced below.

Right of Withdrawal

The Customer has the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which the Customer acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods.

To exercise the right of withdrawal, the Customer must inform Magirus (Magirus GmbH, Graf-Arco-Straße 30, 89079 Ulm, Germany) of its decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). The Customer may use the attached model withdrawal form, but it is not obligatory.

The Customer can also exercise its right of withdrawal online via the footer on the homepage at https://www.magirus.com. If the Customer uses this online feature, Magirus will send the Customer an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time of its submission, without undue delay.

To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning its exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If the Customer withdraws from this contract, Magirus shall reimburse to the Customer all payments received from them, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by Magirus), without undue delay and in any event not later than 14 days from the day on which Magirus is informed about the Customer's decision to withdraw from this contract.

Magirus will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. Magirus may withhold reimbursement until the goods have been received back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.

The Customer shall send back the goods or hand them over to the Company or Magirus GmbH, Wareneingang 2, Graf-Arco-Straße 30, 89079 Ulm, Germany, without undue delay and in any event not later than 14 days from the day on which the Customer communicates its withdrawal from this contract to Magirus. The deadline is met if the Customer sends back the goods before the period of 14 days has expired.

The Customer will have to bear the direct cost of returning the goods. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To Magirus GmbH, Graf-Arco-Straße 30, 89079 Ulm, Germany:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate

1. All prices to be paid by the Customer as indicated on the Webshop and order documentation are in Euro and include the applicable statutory VAT (gross price) and include delivery costs unless specified otherwise.

2. Payment methods accepted by Magirus are displayed on the Webshop. Payment will be collected via the Webshop, unless otherwise indicated. Upon full payment on the Webshop, the Customer is fully discharged of its obligation under the sales contract to pay the price for the Product. Magirus reserves the right to reject certain payment methods in individual cases and to refer to other payment methods.

3. Magirus retains ownership of the Product until the purchase price has been paid in full.

1. Delivery of the Product will take place only within Germany and after full payment by the Customer of the purchase price and of any additional costs as agreed. The Product will be delivered to the delivery address specified by the Customer in the order (if within the aforementioned territory).

2. Information on availability, shipping, delivery periods or delivery dates are only approximate and not binding, unless they are expressly designated as binding. In the case of a non-binding delivery date, Magirus shall not be in delay in delivery (Lieferverzug) before fruitless expiry of a reasonable time period for delivery set by the Customer. The Customer may not set such time period for delivery earlier than two (2) weeks after the non-binding delivery date.

3. Partial deliveries are permitted provided that the Customer can reasonably be expected to accept them. For each partial delivery Magirus may issue a separate invoice.

1. In the case of defects of the Product, the Customer will have warranty rights in accordance with applicable statutory laws. Within the scope of the statutory warranty rights the Customer may have the right to request subsequent performance (Nacherfüllung), to rescind the contract (Rücktritt) or to reduce the purchase price (Minderung). The Customer may also have damage claims due to defects, but these are subject to Section 7. Claims for defects of the Product are generally subject to a limitation period of two (2) years after delivery of the Product. Any subsequent performance will be made without acknowledgement of a legal obligation. In the event of subsequent performance in the form of repair (Nachbesserung), the remaining part of the original limitation period shall start upon the return of the repaired Product; the same shall apply in the event of subsequent performance in the form of replacement delivery (Ersatzlieferung).

2. The place of subsequent performance (Nacherfüllungsort) shall be the agreed place of delivery. Claims of the Customer for expenditures required for the purpose of subsequent performance, in particular transport costs, costs of labour and material, are excluded to the extent that the expenditures increase as a result of the Product being brought to a place other than the agreed place of delivery. Also excluded are the costs for any installation or disassembly, or for any affixing or removal of the Product. The Customer may claim such costs only as claims for damages subject to Section 7.

3. If the Customer wrongly asserts claims for defects (in particular, if the Product is actually not defective, or if existing defects do not give rise to claims), Magirus may charge to the Customer the reasonable costs incurred in this regard.

1. Magirus is liable for intent (Vorsatz) and gross negligence in accordance with applicable statutory laws and without further limitation.

2. Magirus is liable for damages caused by slight negligence (einfache Fahrlässigkeit) only if such exist due to the breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper execution of the respective contract and on the observance of which the Customer normally relies and may rely. In this case, the liability is limited to the damage which is typical and foreseeable. The latter shall also apply to damages caused by gross negligence (grobe Fahrlässigkeit) of an employee or agent of Magirus, who is not an officer or executive of Magirus.

3. Except for (i) liability under the German Product Liability Act (Produkthaftungsgesetz), (ii) defects for which a guarantee as to the quality of the Product (Beschaffenheitsgarantie) was given, (iii) injury to life, body or health (Verletzung von Leben, Körper oder Gesundheit), (iv) fraudulently concealed defects, (v) intent (Vorsatz), and (vi) gross negligence (grobe Fahrlässigkeit), the above limitations of liability shall apply to all claims for damages, irrespective of their legal basis.

4. The above limitations of liability shall also apply in the case of the Customer’s claims for damages against Magirus' officers, executives, employees or agents, if any.

1. Magirus processes any personal data collected in connection with these Terms for purposes of performing its rights and obligations under these Terms and other legitimate business purposes. The details relating to the processing of personal data by Magirus can be found in the Magirus Privacy Policy (available under: https://www.magirus.com/service/privacy-policy).

2. All legal relations in connection with the contract shall be governed by the laws of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

3. If the Customer’s usual place of residence is in a country other than Germany, mandatory national consumer protection laws and regulations of such country will remain unaffected and continue to apply.

4. Magirus is not obliged and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG).

5. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected thereby.

This Part B (Sections 9 et seqq.) of these Terms apply to the sale of Products by Magirus via the Webshop to Customers that are Entrepreneurs (as defined above). Part A of these Terms shall apply mutatis mutandis to cases under this Part B, with the exception of Sections 1.5, 3, 6 ,7 and 8.3 which shall not apply.

Magirus reserves any rights of ownership and intellectual property in cost estimates, drawings, plans, drafts, specifications and other documents provided in connection with any offer or order acceptance; these may be made accessible to third parties only with Magirus’ prior written consent and shall be returned to Magirus upon request.

1. Magirus reserves the right to reasonably adjust prices until the time of delivery if, after the contract is concluded, significant cost reductions or increases occur (e.g., due to collective bargaining agreements, changes in tax burdens, changes in the prices of raw materials and supplies, other price changes by suppliers, or exchange rate fluctuations) that are beyond Magirus’ reasonable control and were not sufficiently foreseeable at the time the contract was concluded. Upon request by the Customer, Magirus will provide evidence of the reasons for the price adjustment.

2. If the payment deadline is exceeded, the Customer shall be in payment default (Zahlungsverzug) without the need of an additional reminder. The date on which the invoice amount is credited to the account specified by Magirus shall determine whether payment was made on time.

3. The Customer may only exercise a right of retention or set-off if its counterclaims are final (rechtskräftig) or not contested by Magirus.

4. If, after conclusion of the contract, circumstances become known, whereupon the Customer's performance of its contractual obligations is jeopardised due to its financial situation (in particular in case of suspension of payment, insolvency filing, distraint or execution measures), Magirus may, at its choice, withhold the Product deliveries until prepayment of the price or provision of appropriate security. This shall also apply if due to payment default by the Customer reasonable doubts about its solvency or creditworthiness arise.

1. As long as the Customer fails to timely make available necessary provisions (Beistellungen) or to fulfil other obligations to cooperate in connection with the Product delivery or fails to make an agreed-upon down payment, delivery dates shall be extended accordingly.

2. The Customer shall be in default of acceptance (Annahmeverzug) if it fails to collect the Product on a binding delivery date. In the case of a non-binding delivery date, Magirus may give the Customer two (2) weeks' prior notice that the Product is ready to be collected; if the Customer does not collect the Product by such time, it shall be in default of acceptance.

3. Magirus reserves the right to make technically necessary or appropriate changes to the Product during the delivery period, provided that the Customer can reasonably be expected to accept such changes. Magirus will without undue delay inform the Customer of the nature, content, and scope of such changes.

1. Magirus reserves title in the delivered Product until it receives complete payment of the price and any other open payments under the business relationship with the Customer.

2. In the case of breach of contract by the Customer, notably payment default (Zahlungsverzug), Magirus may recover the delivered Product in which title is reserved ("Reserved Product"). In the case of payment default, the prior setting of a time period is not required. The rescission of the contract is not a pre-requisite for the recovery of the Reserved Product. For the purpose of recovering the Reserved Product Magirus may enter the Customer’s premises during normal business hours. After recovery of the Reserved Product, Magirus may upon prior notice sell the same in a reasonable manner; the sales proceeds shall be applied to the liabilities of the Customer less reasonable sales costs.

3. For the duration of the reservation of title the Customer shall not pledge the Reserved Product, use the same as security or resell it. The Customer shall notify Magirus in writing without undue delay of all seizures, attachments and other interference by third parties with respect to the Reserved Product. Moreover, the Customer shall notify such third parties of the reservation of title.

4. The Customer shall treat the Reserved Product with all reasonable skill and care; in particular it shall insure the same sufficiently at replacement value against incidents such as fire, damage by water and theft.

5. Any processing (Verarbeitung) or reworking (Umbildung) by the Customer of the Reserved Product shall always be performed for Magirus. If the Reserved Product is processed or reworked with other items not belonging to Magirus, Magirus shall acquire co-ownership in the new item in the proportion of the value of the Reserved Product to the other items that are processed or reworked; in all other respects, the same provisions shall apply for the new item thus created as for Reserved Product. If the Reserved Product is inseparably mixed (vermischt) or connected (verbunden) with other items not belonging to Magirus, Magirus shall acquire co-ownership in the new item in the proportion of the value of the Reserved Product to the other items that are mixed or connected. If the mixing or connection takes place in such a way that the item of the Customer is considered to be the main item, the Customer shall transfer co-ownership to Magirus on a pro rata basis. The Customer shall hold the resulting sole ownership or co-ownership right in safe custody for Magirus.

6. If the laws of the country in which the Product is located do not permit a reservation of title but allow Magirus to retain other comparable security interests in the Product, then Magirus may enforce such other security interests. Where special regulations or any other provisions are applicable to a reservation of title or other comparable security interests, the Customer shall carry out the terms of such regulations or provisions to validate and preserve the rights of Magirus.

1. Qualities of the Products indicated in publications or otherwise stated by Magirus or its sales representatives, in particular in advertising, on websites, in drawings, brochures or other documents, or which fall under trade usages, shall only be deemed to be part of the contractually agreed quality of the Products if such qualities are expressly contained in Magirus’ binding offer or order acceptance.

2. Guarantees, in particular guarantees as to the quality or durability of the Product (Beschaffenheits- oder Haltbarkeitsgarantie), shall be binding on Magirus only in the scope in which they (i) are contained in Magirus’ binding offer or order acceptance, (ii) are expressly designated as "guarantee" or "guarantee as to quality" or "guarantee as to durability", and (iii) expressly stipulate the obligations for Magirus resulting from such guarantee.

3. The Customer’s claims for defects are contingent upon the Customer’s proper fulfilment of all inspection and notification obligations under Section 377 of the German Commercial Code (HGB). Notifications of defects must be made to Magirus in writing, specifying the nature of the defect. Obvious defects must be notified without undue delay, but no later than one (1) week after delivery; hidden defects must be notified without undue delay, but no later than one (1) week after their discovery. Acceptance of the Product may not be refused on the grounds of minor defects. The costs of inspecting the Product shall be borne by the Customer. Defective Products shall upon request be made available to Magirus for inspection.

4. The limitation period for claims for defects is, in each case calculated from delivery:

   • (a) for new Equipment and Consumer Goods: two (2) years;

   • (b) for new Spare Parts: one (1) year; and

   • (c) for used and refurbished Products: six (6) months.
     
     The aforementioned limitation periods shall not apply in the following cases: (i) fraudulently concealed defects (arglistiges Verschweigen eines Mangels), and (ii) defects for which a guarantee as to the quality of the Product (Beschaffenheitsgarantie) was given; in the case of claims for damages due to defects, this shall also not apply in the following cases: (i) injury of life and limb (Verletzung von Leben, Körper oder Gesundheit), (ii) intent (Vorsatz), and (iii) gross negligence (grobe Fahrlässigkeit) of an officer or executive of Magirus.

5. If the Customer has claims for defects, Magirus may rectify the defect by way of subsequent performance (Nacherfüllung) in the form of, at its choice, repair (Nachbesserung) or replacement delivery (Nachlieferung). For repaired Products the remainder of the original limitation period shall run from the return of the repaired Product; the same shall apply for replaced Products. Magirus may provide subsequent performance itself or through any authorized third party (such as dealers or service partners).

6. The place of subsequent performance (Nacherfüllungsort) shall be the agreed place of delivery. Claims of the Customer for expenditures required for the purpose of subsequent performance, in particular transport costs, costs of labour and material, are excluded to the extent that the expenditures increase as a result of the Product being brought to a place other than the agreed place of delivery. Also excluded are the costs for any installation or disassembly, or for any affixing or removal of the Product. The Customer may claim such costs only as claims for damages subject to Section 15. Sections 445a, 445b of the German Civil Code (BGB) shall not apply.

7. If subsequent performance finally fails (as determined by Magirus in its reasonable discretion) or is legitimately rejected by Magirus, the Customer may rescind the contract (Rücktritt). The right to reduce the purchase price for the affected Product (Minderung) is excluded.

8. Further claims for defects of any kind whatsoever are excluded, without prejudice to any limited claims for damages subject to Section 15.

9. If the Product is sold as a used product or refurbished product, and unless otherwise expressly contained in Magirus’ binding offer or order acceptance, all claims for defects are excluded, with the exception of any limited claims for damages subject to Section 15.

10. If the Customer wrongly asserts claims for defects (in particular, if the Product is actually not defective, or if existing defects do not give rise to claims), Magirus may charge to the Customer the reasonable costs incurred in this regard.

1. Magirus is liable for damages caused by slight negligence (einfache Fahrlässigkeit) only if such exist due to the breach of a material contractual obligation in a manner endangering the purpose of the contract. In this case, the liability is limited to the damage which is typical and foreseeable. The latter shall also apply to damages caused by gross negligence (grobe Fahrlässigkeit) of an employee or agent of Magirus, who is not an officer or executive of Magirus.

2. In the cases of Section 15.1 the liability shall be limited to the total price paid by the Customer for the affected Product.

3. The limitation period for claims for damages shall be two (2) years from the point in time the claim arose and the Customer became aware thereof. Regardless of the Customer’s awareness, the limitation period shall be three (3) years from the damaging event. For claims for defects the limitation period of Section 14.4 shall apply.

4. Except for (i) liability under the German Product Liability Act (Produkthaftungsgesetz), (ii) defects for which a guarantee as to the quality of the Product (Beschaffenheitsgarantie) was given, (iii) injury of life and limb (Verletzung von Leben, Körper oder Gesundheit), (iv) intent (Vorsatz), and (v) gross negligence (grobe Fahrlässigkeit) of an officer or executive of Magirus, the above limitations of liability shall apply to all claims for damages, irrespective of their legal basis.

5. The above limitations of liability shall also apply in the case of the Customer’s claims for damages against Magirus' officers, executives, employees or agents, if any.

1. As long as Magirus is prevented from discharging its obligations of performance in connection with the contract as a result of Force Majeure, the impacted obligations of performance will be suspended. Magirus will generally be required to continue performing the relevant obligations of performance, but the schedules or deadlines will be extended for the period of time during which the obligations of performance are suspended due to Force Majeure, plus a reasonable startup phase.

2. Magirus will not be responsible for the circumstances of Force Majeure even where such circumstances occur during an already existing default. Magirus will without undue delay inform the Customer about the circumstances of Force Majeure and its anticipated duration. Magirus will use reasonable efforts to mitigate any adverse effects resulting from Force Majeure.

3. If the performance hindrance caused by Force Majeure continues for longer than six (6) months, each party may rescind the contract.

4. “Force Majeure” means any event beyond the reasonable control of Magirus that prevents Magirus from discharging its obligations of performance in connection with the contract, including without limitation natural disasters, fire, flood, mobilisation, war, terror, revolution, embargoes, insurrection or civil commotion, epidemic or pandemic events, strikes or lockouts, disruptions in operations, shortage of transportation, difficulties in procuring raw materials or inadequate deliveries to Magirus by its suppliers.

1. The Customer shall comply with all applicable laws, regulatory requirements and official orders, in particular all relevant export control and import regulations. The Customer shall obtain in due time all required approvals, permits and licenses, as required for the import, export and use of the Product.

2. The Customer shall adhere to all operating, usage, warning, and disposal instructions provided by Magirus regarding the Product.

3. The Customer shall indemnify and hold Magirus harmless from all claims and liabilities relating to a violation of the Customer’s obligations under Sections 17.1 or 17.2, and shall compensate any reasonable costs incurred in connection therewith (including without limitation court costs and attorney fees). Magirus may withhold delivery to the Customer if there is reasonable suspicion that the Customer would breach its obligations Sections 17.1 or 17.2, or if not all necessary approvals, permits or licenses are in place and this is not attributable to Magirus’ fault or responsibility.

Without Magirus' prior written consent, the Customer shall not, in part or in whole, assign its rights and obligations under the contract. Magirus may assign its rights and obligations under the contract, in particular to affiliated companies within the meaning of Section 15 of the German Stock Corporation Act (AktG).

Exclusive place of jurisdiction for all disputes arising from and in connection with the contract shall be Magirus' registered office. Magirus may, however, also sue the Customer at the Customer's registered office.

Last updated: 8 October 2026