1. Scope
These Terms and Conditions apply to all deliveries and services by Ernst Pieper GmbH to businesses within the meaning of Section 14 German Civil Code (BGB), legal entities under public law and special funds under public law.
They apply in particular to the manufacture and supply of cutting tools, multi-purpose cutting tools, replacement blades, industrial blades, punch-cutting units and other tools as well as machining, grinding, assembly, repair and other subcontract work.
Contracts with consumers within the meaning of Section 13 BGB are not concluded on the basis of these Terms. Customer terms apply only if PIEPER expressly agrees. Individual agreements take precedence.
2. Offers and conclusion of contract
Product presentations, services and technical capabilities on the website, in brochures, drawings or other documents do not generally constitute binding offers. The relevant PIEPER quotation, order confirmation and agreed technical documents determine the scope of contract.
A contract is concluded by order confirmation in text form or by performance of the ordered delivery or service. Changes require PIEPER's approval and additional effort may be charged separately.
3. Custom manufacturing and technical specifications
PIEPER manufactures cutting tools, industrial blades and other components in particular to customer specifications, drawings, samples and technical requirements.
The customer is responsible for the accuracy, completeness and suitability of supplied drawings, dimensions, data, samples and specifications. Where manufacture is solely to customer design, PIEPER owes manufacture in accordance with the agreed specifications. Design responsibility is assumed only where PIEPER has expressly been commissioned with design or technical engineering.
4. Intellectual property and documents
PIEPER retains all ownership, copyright and other intellectual property rights in drawings, calculations, designs, manufacturing documents, programs, samples and other technical documents created by PIEPER. Such material may not be reproduced or disclosed to third parties without consent.
Where the customer provides specifications or documents, the customer warrants that contractual use does not infringe third-party rights.
5. Prices and payment
Unless otherwise agreed, prices are net plus statutory VAT. Packaging, shipping, freight, insurance and other incidental costs are charged additionally unless expressly included.
Invoices are due within 14 days of the invoice date without deduction unless another term is stated. Cash discounts require express agreement. Statutory rules apply in the event of default.
PIEPER may require reasonable advance or instalment payments for custom manufacturing, larger orders, new customers or justified concerns about creditworthiness.
6. Delivery and performance times
Delivery and performance periods are binding only where expressly agreed as binding. A period begins only after all technical questions have been clarified, required documents/approvals supplied and any agreed advance payments made.
Subsequent customer changes may reasonably extend delivery periods. Reasonable partial deliveries and services are permitted.
7. Force majeure
Force majeure and other unforeseeable events beyond PIEPER's control that materially hinder or temporarily prevent performance extend agreed periods by a reasonable amount. Such events may include natural events, official measures, operational, energy, raw-material or transport disruptions and lawful industrial action.
8. Shipping and transfer of risk
Unless collection is agreed, goods are shipped to the agreed delivery address. PIEPER determines the type and route of shipment unless otherwise agreed. In a sale involving carriage, risk passes in accordance with statutory provisions when the goods are handed to the carrier, freight forwarder or other transport provider.
9. Customer-supplied workpieces and materials
If the customer supplies workpieces, blades, tools, raw materials or other items for processing, the customer remains responsible for their basic material suitability and condition unless PIEPER has expressly been commissioned to conduct a material inspection.
Damage caused by non-detectable material defects, pre-existing damage, cracks, stresses or other characteristics of customer-supplied items is not a defect attributable to PIEPER where processing was carried out professionally.
10. Sharpening, repair and machining work
For sharpening, repair and other machining work, the scope of service depends on the condition of the supplied tool and the agreed work. Sharpening necessarily removes material. Unavoidable dimensional or geometric changes that do not unreasonably impair the agreed intended use are not defects.
11. Acceptance of works
Where a service is legally classified as a contract for work, statutory acceptance rules apply. The customer must accept work performed in accordance with the contract; acceptance may not be refused due to insignificant defects.
12. Retention of title
Goods remain PIEPER's property until all claims from the respective business relationship have been paid in full. The customer may process and resell goods subject to retention of title in the ordinary course of business. Claims from resale are assigned to PIEPER as security up to the amount of outstanding claims.
PIEPER will release security upon request to the extent the realisable value exceeds the secured claims by more than 10%.
13. Defect claims
Statutory provisions on material and legal defects generally apply. Where the customer is a merchant and the transaction is commercial for both parties, the inspection and notification duties under Section 377 German Commercial Code remain unaffected.
In the event of a justified defect notice, PIEPER must first be given an opportunity to remedy the defect within a reasonable period. Claims are excluded in particular for normal wear, improper use, unsuitable operating conditions, non-contractual loading, inadequate maintenance or customer/third-party modifications insofar as these caused the defect.
The limitation period for defect claims against businesses is generally 12 months from delivery or, for works requiring acceptance, from acceptance, to the extent permitted by law. Mandatory longer periods, fraudulent concealment and expressly assumed guarantees remain unaffected.
14. Liability
PIEPER has unlimited liability for intent and gross negligence, culpable injury to life, body or health, under the German Product Liability Act, for expressly assumed guarantees and in other cases of mandatory statutory liability.
For slight negligence in breaching essential contractual duties, liability is limited to the typical foreseeable loss at the time of contract. Otherwise liability for slight negligence is excluded. These limits also apply in favour of legal representatives, employees and agents.
15. Export control and foreign trade law
Deliveries and services are subject to the condition that no mandatory German or European foreign trade, export control or sanctions rules prohibit performance. The customer provides information on end use, end user and destination where required for such checks.
16. Confidentiality
Both parties shall treat non-public commercial and technical information of the other party confidentially, in particular drawings, designs, manufacturing processes, calculations, samples and technical documents. Statutory disclosure and retention duties remain unaffected.
17. Governing law
All contractual relationships are governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
18. Place of performance and jurisdiction
To the extent legally permissible and unless otherwise agreed, the place of performance is PIEPER's registered office in Neustadt an der Weinstraße. Where the customer is a merchant, legal entity under public law or special fund under public law, the competent court at PIEPER's registered office is the exclusive place of jurisdiction. PIEPER remains entitled to sue at the customer's general place of jurisdiction.
19. Final provisions
If any provision of these Terms is or becomes wholly or partly invalid, the validity of the remaining provisions is unaffected. Statutory provisions take the place of any invalid provision.
In the event of discrepancies between the German and English versions, the German version shall prevail.
Last updated: September 2026