Legal
Terms & Conditions
As of: April 2026 · B2B · Metracon GmbH
§ 1 Scope of Application
These Terms and Conditions apply to all contracts between Metracon GmbH, Schwindstr. 4, 45883 Gelsenkirchen ("Metracon"), and entrepreneurs within the meaning of § 14 BGB for the supply of industrial hoses, composite hoses, couplings and fittings as well as related consultancy and assembly services under the Industrial Hoses Germany brand. Deviating terms and conditions of the client are not recognised unless Metracon expressly agrees in writing.
§ 2 Formation of Contract
Offers from Metracon are non-binding unless expressly stated otherwise. A contract is only formed upon written order confirmation or actual performance of services. Amendments require the written form.
§ 3 Scope of Services
The scope of services is defined by the respective offer. Metracon delivers in accordance with the current state of the art and with the technical parameters specified in the offer (medium, temperature, pressure, nominal diameter, length, connection type, approvals). Unless expressly agreed, Metracon does not warrant any specific commercial outcome beyond the agreed specification. Partial deliveries are permissible where reasonable for the client.
§ 4 Client's Cooperation Obligations
The client shall provide in good time all necessary information, technical parameters and approvals required for the proper specification and supply of the hose systems. Delays arising from a lack of cooperation are not attributable to Metracon. The client is responsible for the accuracy of the application parameters provided.
§ 5 Remuneration and Payment Terms
Remuneration as per the offer, plus statutory value-added tax. Invoices are due within 14 days net. In the event of default: default interest of 9 percentage points above the base rate (§ 288 para. 2 BGB). In the event of payment default exceeding 30 days, Metracon may suspend ongoing deliveries and services.
§ 6 Retention of Title
Delivered goods remain the property of Metracon until payment in full. The client is not entitled to pledge the reserved goods or transfer them as security. Metracon must be notified immediately of any attachment by third parties.
§ 7 Copyright and Rights of Use
All work results, technical documents and documentation are subject to German copyright law. Upon full payment the client receives a simple, unrestricted right of use for the agreed purpose. Transfer to third parties requires written consent. Metracon retains the right to reference the project unless a confidentiality agreement provides otherwise.
§ 8 Confidentiality
Both parties shall treat all confidential information — in particular trade secrets, technical and customer data — as confidential and shall not disclose it to third parties. This obligation continues after the end of the contract.
§ 9 Liability
Metracon is fully liable for intent, gross negligence and damage arising from injury to life, body or health. For simple negligence, Metracon is only liable for breach of material contractual obligations, limited to the foreseeable damage typical for the contract. Indirect damage and loss of profit are excluded to the extent permitted by law. The Product Liability Act remains unaffected.
§ 10 Term and Termination
Delivery contracts end upon complete delivery and payment. Framework agreements may be terminated by either party with 30 days' notice to the end of the month, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected.
§ 11 Data Protection
To the extent that personal data is processed in the course of service delivery, the parties shall conclude a data processing agreement (DPA) in accordance with Art. 28 GDPR. Metracon processes all data in compliance with GDPR. Further information can be found in our Privacy Policy.
§ 12 Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Gelsenkirchen, provided the client is a merchant or a legal entity under public law. Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.