Terms and Conditions

General Terms and Conditions (GTC)

1. Scope

These General Terms and Conditions apply to all contracts, deliveries, and services of
Orca Industrieservice GmbH, Morgensteig 59, 45309 Essen, Germany, towards entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
Deviating terms and conditions of the client shall not be recognized unless expressly agreed in writing.

2. Conclusion of Contract

Our offers are non-binding. A contract shall only be concluded upon written confirmation or upon commencement of service provision.
Verbal ancillary agreements shall only be valid if confirmed in writing.

3. Scope of Services

The scope of services results from the respective offer, order confirmation, or the concluded contract.
Changes, additions, or supplementary services shall be agreed upon separately and invoiced accordingly.
Orca Industrieservice GmbH is entitled to engage qualified subcontractors to perform the services.

4. Prices and Payment Terms

Unless otherwise agreed, all prices are net prices plus the applicable statutory value-added tax.
Payments are due within 14 days from the invoice date without deduction.
In the event of default in payment, we reserve the right to charge default interest in accordance with Section 288 BGB.

5. Execution of Work

The client is obliged to grant Orca Industrieservice GmbH unrestricted access to the work areas
and to provide all necessary safety measures in accordance with the Occupational Safety and Health Act.
Delays caused by the client’s failure to cooperate shall extend the execution deadlines accordingly.

6. Liability

Orca Industrieservice GmbH shall only be liable for damages caused by intent or gross negligence.
In cases of slight negligence, liability shall only apply in the event of a breach of essential contractual obligations.
Liability for consequential damages, loss of profit, or production downtime is excluded to the extent permitted by law.

7. Warranty

Any defects must be reported in writing without delay, but no later than within 7 days after acceptance.
In the event of justified defects, rectification or replacement shall be carried out at our discretion.
Further claims by the client are excluded to the extent permitted by law.

8. Retention of Title

Delivered materials and components remain our property until full payment has been received.
Resale prior to the transfer of ownership is only permitted with our written consent.

9. Data Protection

Personal data of the client shall be processed exclusively in accordance with the statutory provisions of the GDPR.
Further information can be found in our
Privacy Policy.

10. Place of Jurisdiction and Applicable Law

Place of performance and jurisdiction is Essen, Germany.
The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11. Severability Clause

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose.

Status: October 2025
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