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Terms of sale and delivery

For business-to-business (B2B) transactions.
Effective as of September 15, 2026
EHRLE GmbH
Industriestraße 3 | 89165 Dietenheim | Germany

§ 1 Scope, Offer, Placement of Order, and Conclusion of Contract

1. Scope

1. These Terms and Conditions of Sale and Delivery apply to all contracts entered into by EHRLE GmbH, hereinafter referred to as “EHRLE,” with business entities, legal entities under public law, and special funds under public law. They apply in particular to all contracts for the delivery of goods and/or the provision of services in connection with:

• Portal car washes
• Self-service car washes
• Self-service car wash bays and car wash bay structures
• Self-service laundry and care appliances
• EHRLE MultiTerminal and comparable payment, control, and service terminals
• High-pressure washers
• stationary high-pressure cleaning systems
• High-pressure and cleaning systems
• Water treatment, dosing, and supply systems
• Cleaning, maintenance, and operational equipment
• Replacement and wear parts
• Accessories and Supplies
• Software, digital components, and networked systems
• as well as all other products, components, equipment, services, and offerings related to self-service car wash and detailing centers,
self-service car wash facilities, and comparable commercial car wash, cleaning, and detailing facilities.

2. This includes, in particular, planning, consulting, delivery, assembly, installation, commissioning, training, maintenance, repair, service, remote maintenance, software services, and other ancillary and supplementary services, to the extent that these are offered or provided by EHRLE.

3. “EHRLE products and equipment,” as used in these Terms and Conditions of Sale and Delivery, refers to all of the aforementioned products, equipment, devices, systems, components, and services.

2. Inclusion

1. These Terms and Conditions of Sale and Delivery apply exclusively to business transactions with the aforementioned customers.

2. Any conflicting or differing terms and conditions of the customer shall only become part of the contract if EHRLE has expressly agreed to their validity in writing.

3. Offers

1. Offers made by EHRLE are subject to change and non-binding unless they are expressly designated as binding.

2. The validity period of an offer is specified in the respective offer.

4. Order and Conclusion of the Contract

1. An order placed by the customer constitutes a binding offer to enter into a contract. The customer is bound by the order for 14 calendar days, unless a different binding period is specified in the offer or in the order.

2. A contract is concluded upon written or text-based confirmation of the order by EHRLE or upon performance of the delivery or service.

5. Terms of the Contract

1. The information contained in EHRLE’s order confirmation shall be exclusively determinative of the content and scope of the contract. This applies in particular to technical specifications, quantities, prices, delivery terms, and agreed-upon additional services.

2. Information contained in EHRLE’s brochures, catalogs, price lists, websites, drawings, illustrations, and other documents is binding only if it is expressly confirmed in the order confirmation as an integral part of the contract or as an agreement regarding the quality of the goods.

3. We reserve the right to make technical changes and improvements, provided that such changes do not materially impair the agreed-upon intended use or the contractually obligated functionality and are reasonable for the customer to accept.

4. Minor variations in color, shape, dimensions, weight, or design that are customary in the trade or due to technical reasons do not constitute a defect, provided they do not significantly impair the agreed-upon function and fitness for use.

6. Intellectual Property Rights and Documentation

1. EHRLE retains all rights of ownership, copyright, patent, trademark, and other intellectual property rights in quotations, drawings, calculations, technical documentation, samples, software, planning documents, and other information provided.

2. The customer may use these documents and information solely for the purpose of reviewing and fulfilling the respective contractual relationship.

3. They may not be reproduced, copied, published, distributed, or made available to third parties without EHRLE’s prior consent, unless permitted by law or necessary for use in accordance with the contract.

4. Samples, drawings, and other documents whose transfer of ownership is not expressly part of the purpose of the contract remain the property of EHRLE and must be returned upon request.

§ 2 Delivery Time and Delays in Delivery

1. Delivery periods begin upon receipt of the order confirmation, but not before all technical and commercial details have been fully clarified, nor before receipt of all documents, specifications, approvals, clearances, and agreed-upon down payments to be provided by the customer.

2. Any cooperation required from the customer must be provided in a timely manner. Delays resulting from the customer’s failure to cooperate, late cooperation, or incomplete cooperation shall extend the delivery period by a reasonable amount of time equal to the duration of the delay plus a reasonable restart period.

3. Delivery dates are binding only if EHRLE has expressly confirmed them as binding. Otherwise, they are estimated delivery dates.

4. The delivery deadline is deemed to have been met if the goods have left the EHRLE plant by the end of the delivery period or if EHRLE has notified the customer that the goods are ready for shipment or pickup.

5. EHRLE is entitled to make partial deliveries, provided that such deliveries are reasonable for the customer.

6. Events of force majeure, as well as other events that could not have been foreseen at the time the contract was concluded, for which EHRLE is not responsible despite exercising the due care reasonable under the circumstances, and which significantly impede delivery or render it temporarily or permanently impossible, shall result in a reasonable extension of the delivery period.

7. This applies in particular to natural disasters, war, armed conflicts, government measures, pandemics, labor disputes, operational disruptions, shortages of energy or raw materials, transportation disruptions, as well as delays in delivery or failure to deliver by upstream suppliers for which EHRLE is not responsible.

8. EHRLE will promptly notify the customer of any significant obstacles to delivery.

9. If, despite a proper and timely order, EHRLE has not received a required item or component from a supplier, EHRLE is entitled to extend the delivery period by a reasonable amount, provided that EHRLE is not responsible for the failure to deliver.

10. If an obstacle to delivery lasts longer than three months or if delivery becomes permanently impossible due to the obstacle, EHRLE and the customer are entitled to rescind the contract with respect to the portion that has not yet been fulfilled, provided that the statutory requirements are met.

11. If EHRLE fails to meet a bindingly agreed delivery deadline, the customer is obligated to first grant EHRLE a reasonable grace period for performance, to the extent that such a grace period is required by law.

12. The customer’s claims for damages due to delivery delays shall be governed exclusively by Section 12 of these Terms and Conditions of Sale and Delivery.

13. Payment must be made for partial deliveries or services already provided, even in the event of a subsequent withdrawal, provided they were performed in accordance with the contract and the customer can derive economic benefit from them.

§ 3 Reservation of Performance and Creditworthiness

1. EHRLE is entitled to make delivery or performance contingent upon advance payment or the provision of appropriate security if, after the conclusion of the contract, specific facts come to light that give reasonable grounds to believe that EHRLE’s claim to consideration is at risk due to the customer’s inability to perform or lack of creditworthiness.

2. This applies in particular in the event of significant payment delays, suspension of payments, returned direct debits or unpaid payments, a petition to open insolvency proceedings, the opening of insolvency proceedings, a refusal to open proceedings due to lack of assets, enforcement measures, or other concrete indications of a significant deterioration in the customer’s financial circumstances.

3. EHRLE is entitled to set a reasonable deadline for the customer to make an advance payment or provide security. Upon the expiration of this deadline without action, EHRLE is entitled to withdraw from the contract, provided the statutory requirements are met.

4. It is not necessary to set a deadline if the customer’s inability to pay was already apparent at the time the contract was concluded, or if the customer fraudulently concealed from EHRLE circumstances regarding his financial situation that were known to him at the time the contract was concluded or that he failed to disclose due to gross negligence.

5. In the cases described in paragraphs 1 through 4, EHRLE is entitled to collect all outstanding claims arising from its business relationship with the customer.

6. The customer must pay for any goods and services already provided, as well as any costs incurred up to the time of withdrawal that have not been otherwise reimbursed.

7. Agreed delivery and performance deadlines shall not begin or resume until the advance payment or security owed by the customer has been provided in full and all other conditions have been met.

§ 4 Shipping, Delivery Terms, and Transfer of Risk

For deliveries within the Federal Republic of Germany, only the delivery terms agreed upon in the order confirmation apply:

a) Ex works

1. Delivery is ex works from EHRLE GmbH.

2. Unless otherwise agreed, the customer is responsible for transportation, freight, packaging, and other shipping costs.

3. Risk passes to the customer upon delivery of the goods to the customer, the shipping agent, the carrier, or any other third party designated for shipment.

b) Ex works against invoice

1. EHRLE arranges transportation at the customer’s request.

2. The freight, transportation, and other shipping costs incurred in this regard will be billed to the customer separately.

3. In all other respects, the “Ex Works” terms apply.

c) Free shipping

1. Delivery is free of charge to a delivery address within the Federal Republic of Germany.

2. Only standard transportation to the agreed-upon delivery address is included. Unloading, crane, lifting, delivery, installation, or other special services are not included unless expressly agreed upon.

Additional Regulations

1. The “Free on the Quay” delivery term applies exclusively to deliveries within Germany. Deliveries to other countries require a separate agreement.

2. For international shipments, the customer shall bear all additional costs incurred, including, but not limited to, customs duties, import taxes, import sales tax, fees, document costs, and transportation costs not included in the agreed scope of delivery, unless otherwise agreed.

3. EHRLE shall determine the shipping method unless the customer has provided a reasonable specification that has been confirmed by EHRLE.

4. Transportation insurance will be purchased only at the customer’s express request and at the customer’s expense.

5. EHRLE is entitled to make partial deliveries, provided that such deliveries are reasonable for the customer.

6. If shipment, pickup, or delivery is delayed for reasons attributable to the customer, the risk shall pass to the customer upon notification that the goods are ready for shipment or pickup, to the extent permitted by law.

7. If the customer delays pickup or acceptance, EHRLE is entitled to store the delivered goods at the customer’s expense and risk.

8. The statutory provisions governing the transfer of risk remain unaffected in all other respects.

d) Packaging and Packaging Return

1. Legal Requirements

With regard to packaging supplied by EHRLE for the first time, EHRLE complies with the applicable mandatory legal requirements, in particular those set forth in Regulation (EU) 2025/40 on Packaging and Packaging Waste (PPWR), the Packaging Law Implementation Act (VerpackDG), and the applicable supplementary packaging regulations.

The legal responsibilities of EHRLE, the customer, and other parties involved are determined by their respective roles within the supply and distribution chain and remain unaffected by these Terms and Conditions of Sale and Delivery.

2. Packaging Subject to System Participation Requirements

To the extent that packaging is subject to the statutory requirement to participate in a recycling system, it is collected and recycled through the designated waste disposal and take-back systems. The customer must direct such packaging to the designated separate collection and recycling channels.

In such cases, returns to EHRLE are permitted only to the extent required by law or expressly agreed upon.

3. Packaging Not Subject to System Participation

To the extent that EHRLE is legally obligated to take back, organize the take-back of, or recycle packaging that is not subject to mandatory participation in the system—in particular, transport, packaging, retail, or shipping packaging—such matters shall be handled in accordance with the applicable legal provisions and the agreement reached with the customer.

The customer must sort the packaging in question, empty it completely, protect it from avoidable contamination, and keep it readily accessible for proper handling until it is returned or picked up. Upon request, the customer must provide EHRLE with the information necessary to organize the return, particularly regarding the type, material, quantity, condition, and location of the packaging.

The specific method of return, pickup, or recycling, as well as the time and place thereof, will be determined in accordance with legal requirements and operational feasibility.

4. Use by the Customer

To the extent permitted by law, EHRLE and the customer may agree that the customer will ensure the proper reuse or recycling of packaging not subject to the system participation requirement, either on its own or through a suitable waste management company.

At EHRLE’s request, the customer must provide appropriate documentation regarding the type, quantity, and proper recycling of the goods, to the extent that EHRLE requires such documentation to fulfill its own legal documentation or reporting obligations.

5. Reusable Packaging and Load Carriers

Reusable packaging, pallets, transport racks, containers, or other load carriers that are expressly designated as loaned, rented, returnable, or reusable packaging remain the property of EHRLE or the respective designated owner.

The customer must handle this packaging and these load carriers with care, not use them for purposes other than those intended, and return them in full and in a reusable condition, or make them available for pickup, in accordance with the agreement reached.

In the event of loss attributable to the customer, failure to return the item by the due date, or damage, EHRLE may charge the necessary and reasonable costs for replacement, repair, cleaning, transportation, and processing.

6. Changes and Regulatory Actions

EHRLE is entitled to modify packaging, packaging materials, labeling, and return systems to the extent that such modifications are necessary or objectively justified due to legal requirements, regulatory mandates, technical developments, material availability, or for reasons of reusability, recyclability, or waste prevention.

Minor changes resulting from this do not constitute a defect, provided that they do not significantly impair the protective function of the packaging, the agreed-upon quality, or the contractual usability of the delivered item.

7. Shipments Outside Germany

For shipments outside Germany, the registration, licensing, reporting, system participation, take-back, and other obligations under extended producer responsibility are governed by the applicable legal provisions and the legal roles of the parties involved in the country of destination.

To the extent that the customer is considered an importer, manufacturer, authorized representative, or other obligated party under the agreed-upon terms of delivery or statutory provisions, the customer is responsible for fulfilling the obligations arising therefrom. EHRLE shall provide the customer with the packaging information available at EHRLE and necessary for compliance with legal obligations to a reasonable extent.

EHRLE’s mandatory legal obligations remain unaffected.

§ 5 Approval, Installation, and Site Requirements

1. Unless otherwise expressly agreed, the customer is responsible for obtaining in a timely manner and ensuring the availability of all approvals, permits, and authorizations required for the installation, assembly, connection, commissioning, and operation of EHRLE products and systems.

2. The customer is specifically responsible for all work and conditions to be provided by the customer.

3. This includes, in particular, earthwork, masonry, concrete, and foundation work; work below the upper edge of the finished floor; sewer and drainage work, necessary architectural and engineering services, structural analyses and inspections (unless expressly undertaken by EHRLE), as well as suitable assembly and installation areas.

4. The customer must ensure that there is an access road with sufficient load-bearing capacity and that is safe for the necessary installation and transport vehicles to use.

5. All necessary utility connections must be provided in a timely manner and in accordance with EHRLE’s technical specifications. This applies in particular to water, wastewater, electricity, and, where applicable, gas, oil, compressed air, and other necessary utilities.

6. To the extent required by technical or regulatory considerations, the customer must, in particular, ensure that appropriate frost protection, floor heating, drainage, and other measures are in place to ensure safe and proper use.

7. Installation generally cannot begin until all necessary on-site preparations have been completed and the required connections have been made and are ready for use.

8. The customer is responsible for the accuracy and completeness of all data, measurements, plans, drawings, specifications, and other information provided by the customer regarding the installation and setup site.

9. EHRLE is entitled to refuse or suspend assembly, installation, or commissioning if the necessary conditions are not met or if safe execution or proper commissioning cannot be guaranteed.

10. If the necessary prerequisites are lacking or are not met in a timely manner, the agreed-upon installation, delivery, and commissioning dates shall be extended appropriately by the duration of the impediment, plus a reasonable period for resuming work and making necessary arrangements.

11. The customer shall bear all additional costs incurred by EHRLE due to missing, delayed, inadequate, or defective site conditions, to the extent that the customer is responsible for such conditions. This applies in particular to additional travel, waiting times, labor and installation times, overnight stays, and transportation and storage costs.

12. The customer shall, at its own expense, ensure that, during installation and commissioning, appropriate contacts, the necessary resources, and the required access to the installation site are available, to the extent that this has been agreed upon or is required by the nature of the service.

13. The customer is responsible for the accuracy of the information provided and for the suitability of the installation environment for which the customer is responsible. The customer shall bear all additional costs arising therefrom, provided the customer is at fault.

§ 6 Inspection, Acceptance, and Unauthorized Commissioning

1. To the extent that EHRLE performs work, the customer is obligated to accept the work produced in accordance with the contract upon completion, unless acceptance is precluded by the nature of the work.

2. Acceptance shall be express or, to the extent permitted by law, in accordance with the statutory requirements for deemed acceptance.

3. Upon completion, EHRLE may set a reasonable deadline for the customer to accept the work. If the customer does not refuse acceptance within this period without specifying at least one defect, the statutory requirements for deemed acceptance shall apply.

4. An acceptance inspection in the presence of EHRLE and the customer will take place if this has been expressly agreed upon.

5. The customer is required to provide a suitable representative with decision-making authority for the acceptance inspection.

6. Acceptance may be documented, in particular, by an acceptance report signed by the parties.

7. The customer may not put an EHRLE product or system installed by EHRLE into operation in accordance with its intended purpose until acceptance has taken place or until EHRLE has expressly granted approval, provided that acceptance or approval is required under the respective order.

8. If the customer, contrary to an express instruction from EHRLE, puts a system into operation on its own initiative prior to the scheduled acceptance or approval, such commissioning shall be at the customer’s own risk.

9. EHRLE shall not be liable for any damage or impairment of function caused by such unauthorized commissioning, provided that EHRLE is not at fault.

10. Unauthorized commissioning does not automatically result in the complete loss of claims for defects. Claims for defects remain valid to the extent that a defect already existed at the time of transfer of risk or acceptance, regardless of the unauthorized commissioning.

11. If the customer refuses to accept the goods without a valid reason, EHRLE’s statutory rights arising from the customer’s delay in acceptance remain unaffected.

§ 7 Retention of Title

1. EHRLE reserves title to all items delivered until all claims arising from the respective delivery contract have been paid in full.

2. In the case of ongoing business relationships, EHRLE reserves title to the delivered goods until all claims arising from the business relationship have been paid in full, to the extent permitted by law.

3. The customer is entitled to resell, process, combine, or incorporate goods subject to retention of title in the ordinary course of business, provided that the customer duly fulfills its payment obligations to EHRLE.

4. If the goods subject to retention of title are processed or combined with other items, EHRLE shall acquire ownership or co-ownership of the newly created item in proportion to the value of the goods subject to retention of title relative to the value of the other processed or combined items.

5. The customer hereby assigns to EHRLE, in advance, all claims against its customers arising from the resale of the goods subject to retention of title, in the amount of the invoice value of the goods subject to retention of title. EHRLE accepts the assignment.

6. The customer retains the right to collect the assigned receivables as long as it duly fulfills its payment obligations to EHRLE.

7. If the goods subject to retention of title are incorporated as an integral part of a parcel of land or a building, the customer hereby assigns to EHRLE, to the extent permitted by law, the assignable claims for payment to which it is entitled against the owner in connection therewith, in the amount of the invoice value of the goods subject to retention of title.

8. The customer may neither pledge the goods subject to retention of title nor assign them as security.

9. The customer must notify EHRLE immediately if third parties gain access to the goods subject to retention of title, particularly in the event of seizures or other enforcement measures.

10. If the customer acts in breach of the contract—in particular, in the event of late payment—EHRLE is entitled, in accordance with statutory provisions, to take back the goods subject to retention of title. Such repossession does not constitute a withdrawal from the contract unless EHRLE expressly declares its withdrawal.

11. Upon filing a petition to commence insolvency proceedings, the commencement of insolvency proceedings, or a suspension of payments, the Customer’s rights to resell, process, and collect the goods shall expire to the extent permitted by law.

12. The customer must treat the goods subject to retention of title with due care until full payment has been made and must insure them adequately against theft, damage, and destruction, provided that such insurance is customary in the market and reasonable.

13. If the realizable value of the collateral to which EHRLE is entitled consistently exceeds the secured claims by more than 20 percent, EHRLE shall, at the customer’s request, release collateral of its own choosing.

§ 8 Prices and Price Changes

1. The prices agreed upon in the order confirmation apply.

2. Prices are exclusive of the applicable statutory sales tax, unless otherwise expressly stated.

3. For contracts with a delivery or performance period of more than four months, EHRLE is entitled to adjust the agreed-upon price appropriately if the cost factors relevant to pricing change significantly between the conclusion of the contract and the time of delivery or performance.

4. The key cost factors include, in particular, raw materials, metals, electronic and electrical components, energy, freight and transportation, wages and salaries, outsourced services, and other procurement and manufacturing costs.

5. A price adjustment may only be made in accordance with the actual change in the costs relevant to the respective order.

6. If the relevant costs decrease significantly after the contract is concluded, EHRLE is obligated to take this into account by reducing the price accordingly.

7. Upon request, EHRLE will provide the customer with a clear explanation of the relevant reasons for a price adjustment.

8. Price changes will be communicated to the customer in writing.

9. In the event of a price increase of more than 10% of the agreed net contract value, the customer is entitled to withdraw from the unfulfilled portion of the contract, provided that continuing the contract is unreasonable for the customer due to the price increase.

10. Services already rendered, custom-made items that have been ordered, and materials and components that cannot be used for any other purpose are not covered by this right of withdrawal.

11. For contracts with a delivery or performance period of up to four months, the price agreed upon at the time the contract is concluded generally remains binding, unless otherwise agreed in individual cases.

§ 9 Terms of Payment

1. Invoices from EHRLE are generally due for payment in full, without any deductions, within 14 calendar days of the invoice date.

2. Cash discounts are generally not granted. A cash discount may only be applied if it has been expressly agreed in writing for the specific order.

3. Payment terms that differ from the specified payment terms, or any other payment arrangements, shall be considered exclusively as special provisions specific to the order. They do not entitle the customer to have such provisions applied to subsequent or other orders and, in particular, do not constitute a business practice or a permanent agreement for the future.

4. For self-service car wash stations, self-service car wash facilities, self-service washing and maintenance equipment, MultiTerminal systems, and other larger or custom EHRLE products and systems, partial payments, down payments, or installment payments may be agreed upon depending on the order, agreement, and progress of construction or service delivery.

5. The type, amount, and due date of partial payments, down payments, or installment payments are specified in the respective quote or order confirmation.

6. In the event of late payment, the legal consequences of default shall apply. In particular, EHRLE is entitled to demand statutory late-payment interest, the statutory flat-rate late-payment fee, and any additional demonstrable damages resulting from the default.

7. In the event of late payment, EHRLE is entitled, in accordance with statutory provisions, to withhold further deliveries and services or to make them contingent upon the provision of reasonable security or an advance payment.

8. The customer may set off only those counterclaims that are undisputed, have been legally established, or have been acknowledged by EHRLE. This does not apply to counterclaims arising from the same contractual relationship.

9. The customer may assert a right of retention only to the extent that it is based on the same contractual relationship.

10. Payments are not considered made until they have been credited definitively and unconditionally to an EHRLE account.

11. Even if a different payment arrangement has been granted on multiple occasions, this does not entitle the customer to have it granted again.

§ 10 Claims for Defects

1. EHRLE warrants that EHRLE products and equipment are free from material and legal defects at the time of transfer of risk or upon acceptance and that they possess the expressly agreed-upon characteristics.

2. The customer’s rights in the event of material defects or defects of title are governed by the applicable statutory provisions, unless otherwise specified in these Terms and Conditions of Sale and Delivery.

3. Section 377 of the German Commercial Code (HGB) applies to business customers. The customer must inspect the delivered goods immediately upon delivery for completeness, obvious defects, and discernible discrepancies, and must report any discernible defects in writing without delay. Hidden defects must be reported immediately upon their discovery.

4. If the customer fails to conduct a proper inspection and report defects, the legal consequences set forth in § 377 of the German Commercial Code (HGB) shall apply.

5. EHRLE must be given the opportunity to inspect the reported defect on site, either personally or through authorized representatives.

6. EHRLE is entitled, at its discretion, to remedy the defect by either correcting it or delivering a defect-free item, to the extent permitted by law.

7. EHRLE is entitled, in accordance with statutory provisions, to make subsequent performance contingent upon the customer’s payment of the portion of the agreed-upon compensation attributable to the defective delivered item. However, the customer is entitled to withhold a reasonable portion of the compensation corresponding to the value of the defect.

8. The customer must grant EHRLE a reasonable period of time to remedy the defect.

9. Rectification may take the form of, among other things, repair, replacement of individual components, or a replacement delivery. Replaced parts become the property of EHRLE, unless otherwise agreed.

10. If the remedy fails, if EHRLE definitively refuses to provide the remedy, or if the remedy is unreasonable for the customer, the customer may rescind the contract or reduce the compensation in accordance with statutory provisions.

11. The customer’s claims for damages and reimbursement of expenses due to a defect are governed by § 12.

12. For business customers, claims for defects generally expire one year after delivery of the goods or, if acceptance is required, one year after acceptance.

13. Notwithstanding paragraph 12, the statute of limitations shall be two years to the extent that EHRLE performs work whose result consists in the manufacture, maintenance, or modification of an item, or in corresponding planning or supervision services, and the statutory requirements for this are met.

14. For claims arising from defects in a structure or in a project whose result consists of construction work performed on a structure, the statute of limitations is five years, provided that the statutory requirements for this are met.

15. The statutory limitation periods remain unaffected in all other respects. This applies in particular to mandatory special provisions of the law.

16. The reduction provided for in paragraph 12 does not apply in cases of willful misconduct or gross negligence, in cases of injury to life, limb, or health, in cases of fraudulent concealment of a defect, in the case of expressly assumed warranties, claims under the Product Liability Act, or in other cases in which the law mandatorily provides for a longer statute of limitations.

17. Claims for defects in used goods may be governed by different provisions to the extent permitted by law. Any such agreement must be expressly stated in the relevant offer or in the order confirmation.

18. EHRLE will only assume liability under a warranty if it has been expressly designated as a warranty and stated in writing.

19. EHRLE’s liability for defects applies exclusively to the scope of delivery and services contractually agreed upon.

20. The special provisions regarding wear and tear, heavy-duty use, unauthorized operating, cleaning, and care products, environmental influences, corrosion, inadequate care and maintenance, and unauthorized modifications and repairs pursuant to § 11 remain unaffected.

§ 11 Exclusion of Claims for Defects / Wear and Tear, Operation, Maintenance, and Unauthorized Interference

1. Claims for defects shall not apply if a defect or functional impairment is attributable to improper use, use contrary to the intended purpose, or use in violation of the contract, as well as improper operation, maintenance, cleaning, care, storage, or other handling, and EHRLE is not responsible for such circumstances.

2. This applies in particular to unauthorized modifications, alterations, repairs, or other interventions, interventions in control, electronic, metering, or safety systems; the use of non-approved replacement parts, wear parts, or accessories; and failure to comply with EHRLE’s operating, installation, maintenance, cleaning, or care instructions.

3. Normal wear and tear resulting from use does not constitute a defect. This applies in particular to seals, hoses, nozzles, filters, pumps and pump components, valves, brushes, suction lips, bearings, belts, couplings, and other parts that are subject to natural wear and tear due to their intended use.

4. Classifying a component as a wear part does not preclude claims for defects arising from a design, material, or manufacturing defect that already existed at the time of transfer of risk or acceptance.

5. Self-service car washes, self-service car wash bays, self-service car wash and maintenance equipment, and comparable EHRLE products and systems are designed for intensive commercial use. Operation in accordance with its intended purpose—up to seven days per week and for extended daily operating hours, in particular up to 16 hours per day—does not in and of itself constitute a breach of contract.

6. However, intensive use can lead to correspondingly increased wear and tear. The actual service life of wear and consumable parts depends in particular on operating hours, the number of uses or wash cycles, operating intensity, water quality, water hardness, temperature, the operating, cleaning, and maintenance agents used, environmental conditions, as well as maintenance and care.

7. A specific operating period, number of wash cycles, or minimum service life of a wear-and-tear or consumable part is only guaranteed if this has been expressly agreed in writing or expressly guaranteed by EHRLE.

8. EHRLE recommends using only EHRLE-approved operating, cleaning, and maintenance supplies, as well as approved replacement and wear parts, for operation, cleaning, and maintenance.

9. If the customer uses operating, cleaning, or maintenance supplies other than those approved by EHRLE, no claims for defects may be asserted for damage or functional impairments to the extent that such supplies caused the damage or can be proven to have contributed to it.

10. This applies in particular to damage to pumps, seals, hoses, nozzles, valves, dosing systems, piping, control systems, surfaces, coatings, wash plates, steel and stainless steel structures, and other plant infrastructure.

11. No claims for defects shall arise for damage, functional impairments, or cosmetic defects attributable to external environmental factors or insufficient care and cleaning, provided that EHRLE is not responsible for such circumstances.

12. These include, in particular, corrosion, rust formation, discoloration, deposits, material degradation, and damage caused by moisture, water, frost, road salt, chlorides, aggressive substances, exhaust fumes, industrial or other environmental pollutants, as well as by improper or untimely cleaning and maintenance.

13. The customer is obligated to perform, or have performed, the maintenance, cleaning, care, and protection measures specified by EHRLE on a regular basis and in a professional manner.

14. The customer must retain records of maintenance, care, and cleaning, as well as—to the extent necessary and reasonable for assessing a claimed defect—information regarding operating hours, washing cycles, the operating, cleaning, and care products used, and specific environmental conditions.

15. Claims for defects shall be barred if the customer or a third party commissioned by the customer carries out modifications, repairs, alterations, or other interventions without EHRLE’s prior consent, and the asserted defect is attributable to such actions or if such actions make it more difficult to identify or remedy the defect.

16. This does not apply if intervention was necessary to avert an imminent danger or to prevent significant further damage, and prior consultation with EHRLE was not possible in a timely manner. In such a case, the customer must immediately inform EHRLE of the intervention.

17. If, upon investigation of a complaint regarding a defect, it is determined that there is no defect for which EHRLE is responsible, EHRLE may charge the actual costs incurred for inspection, diagnosis, travel, and service, provided that the customer is responsible for the unjustified complaint.

18. The provisions of this Section 11 shall not apply to the extent that EHRLE is liable for a defect or damage pursuant to mandatory statutory provisions.

§ 12 Liability

1. EHRLE shall be liable without limitation for damages resulting from injury to life, body, or health that are attributable to an intentional or negligent breach of duty by EHRLE, its legal representatives, or its agents.

2. EHRLE shall be fully liable for damages resulting from willful misconduct or gross negligence on the part of EHRLE, its legal representatives, or its agents.

3. In the event of a breach of material contractual obligations due to slight negligence, EHRLE shall be liable only for damages that are typical for the contract and foreseeable at the time the contract was concluded. Essential contractual obligations are those obligations whose fulfillment is indispensable for the proper performance of the contract and on whose fulfillment the customer may reasonably rely.

4. Furthermore, EHRLE shall not be liable for damages caused by slight negligence.

5. The limitations of liability do not apply if EHRLE has expressly provided a warranty, in the event of fraudulent concealment of a defect, under the Product Liability Act, or to the extent that liability is mandated by law.

6. To the extent permitted by law, EHRLE shall not be liable in cases of slight negligence, in particular for indirect damages, consequential damages, loss of production, business interruption, loss of profits, loss of use, or other financial consequential damages, unless such damages fall under paragraph 3 as foreseeable and typical damages.

7. EHRLE shall not be liable for damages or additional costs resulting from incorrect or incomplete information provided by the customer, unsuitable on-site conditions, unsuitable infrastructure, or operating conditions for which EHRLE is not responsible.

8. The foregoing limitations of liability also apply in favor of EHRLE’s legal representatives, employees, and agents.

9. Liability under the Product Liability Act remains unaffected.

§ 13 Withdrawal, Cancellation, Refusal to Accept, and Returns

a) Withdrawal and Non-Performance by the Customer

1. If EHRLE is legally entitled to rescind the contract due to circumstances attributable to the customer, or if EHRLE is entitled to claim damages in lieu of performance, EHRLE is entitled to terminate the contract in whole or in part and to claim damages in accordance with the following provisions.

2. This applies in particular in the event of late payment, failure to make agreed down payments or installment payments, failure to provide agreed security, unjustified refusal to accept delivery, failure to accept an item delivered or completed in accordance with the contract, and breach of material obligations to cooperate.

b) Lump-sum damages

1. EHRLE is entitled to claim lump-sum damages in the amount of 20 percent of the net order value in lieu of proving specific damages.

2. The customer expressly reserves the right to prove that no damage was incurred or that the damage was significantly less. EHRLE retains the right to prove that the actual damage was higher.

3. A claim may not be made twice for the same item of damage.

4. In addition, claims may be made for actual, verifiable damages and expenses incurred, to the extent that these have not already been covered by the lump-sum damage payment.

5. This applies in particular to customer-specific designs and plans, custom-made products, components that have already been procured and cannot be used for any other purpose, materials and production preparation, transportation and return transportation, disassembly and assembly, storage, and services already rendered.

6. The foregoing provisions do not apply if the customer is not responsible for the respective breach of contract or if the contract is rescinded or terminated for a reason attributable to EHRLE.

c) Cancellation

1. An order accepted by EHRLE may be canceled only with EHRLE’s consent, unless the customer is already entitled to a statutory right of withdrawal or termination.

2. If EHRLE agrees to a cancellation, EHRLE is entitled to claim the costs and expenses incurred up to the time of the cancellation, as well as the lump-sum compensation calculated in accordance with the above provisions, to the extent permitted by law.

3. For items that have been custom-manufactured, configured, or procured for a specific customer, there is no right to cancel the order or return the items, to the extent permitted by law and provided that EHRLE cannot otherwise utilize the goods or components in question.

d) Incorrect orders and voluntary returns

1. The return of properly delivered goods due to an incorrect order, a missing item, an excess order, or other reasons for which EHRLE is not responsible requires EHRLE’s prior consent.

2. For approved returns, EHRLE is entitled to charge a processing fee equal to 20% of the value of the goods, with a minimum of 20.00 EUR, or to deduct this amount from the credit.

3. In addition, actual costs incurred for shipping, return shipping, packaging, inspection, processing, and other return-related expenses will be charged.

4. Voluntary returns of merchandise with a value of less than 40.00 EUR are generally not permitted.

5. A voluntary return is subject to the condition that the merchandise is in resalable condition and is returned complete, undamaged, and properly packaged.

6. In the event of damage, missing parts, signs of wear, soiling, opened or damaged original packaging, or any other reduction in value, EHRLE is entitled to make a corresponding additional deduction from the credit note.

7. Goods that have been custom-manufactured, configured, procured, modified, or are not kept in stock as part of the standard product line, as well as custom-made items, are generally excluded from the voluntary return policy.

8. The provisions of paragraphs 12 through 18 do not apply to valid claims for defects made by the customer or to incorrect deliveries for which EHRLE is responsible.

e) Delay in Acceptance and Storage

1. If the customer is in default of accepting a completed item or an item delivered in accordance with the contract, EHRLE is entitled to store the item at the customer’s expense and risk.

2. Upon the expiration of 14 calendar days from the date the customer is in default of acceptance, the customer shall bear the reasonable, actual costs incurred for storage, insurance, transportation, and other safekeeping expenses.

3. The customer’s obligation to accept delivery and make payment remains unaffected by the storage of the goods.

4. In the event of a prolonged delay in acceptance, EHRLE is entitled to assert its statutory rights arising from such a delay.

f) Legal Rights

1. Mandatory statutory rights regarding rescission, termination, defects, and other matters remain unaffected.

2. The provisions above apply only to the extent permitted by law.

§ 14 Data Protection

1. EHRLE processes the personal data of the customer, its contacts, and other data subjects exclusively in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

2. Data is processed, in particular, for the purpose of initiating, executing, and fulfilling contracts; providing service, maintenance, and remote maintenance services; diagnosing faults; processing payments; complying with legal obligations; and safeguarding EHRLE’s legitimate interests.

3. To the extent that EHRLE products and systems are equipped with digital functions, telemetry, remote maintenance, online services, or comparable systems, technical operational, diagnostic, and system data may be processed to the extent necessary for contract performance, maintenance, error analysis, operational safety, further development of the products and systems, or to comply with legal obligations.

4. Further details can be found in EHRLE’s current Privacy Policy.

§ 15 Jurisdiction, Place of Performance, and Governing Law

1. For all current and future claims arising from the business relationship with merchants, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction—to the extent permitted by law—shall be the registered office of EHRLE GmbH in 89165 Dietenheim.

2. However, EHRLE is also entitled to sue the customer in the court having general jurisdiction over the customer.

3. To the extent permitted by law, the place of performance for all deliveries, services, and payments is EHRLE’s registered office in 89165 Dietenheim.

4. All legal relationships between EHRLE and the customer shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

5. If the customer is domiciled outside Germany, the foregoing choice of law shall apply to the extent permitted by law. Mandatory provisions of the country whose law must be applied regardless of the choice of law due to mandatory statutory provisions remain unaffected.

6. The above agreements regarding the forum shall apply only to the extent that the legal requirements for such an agreement are met.

§ 16 Final Provisions

1. Individual agreements between EHRLE and the customer take precedence over these Terms and Conditions of Sale and Delivery.

2. Quotations, order confirmations, individual agreements, and technical specifications may contain provisions that differ from these Terms and Conditions of Sale and Delivery. In the event of a conflict, the following order of precedence shall apply:

a) Individual written agreement or agreement made in text form
b) Order confirmation from EHRLE
c) Technical specifications or service descriptions expressly incorporated
d) These Terms and Conditions of Sale and Delivery.

3. Amendments and additions to the respective contract must generally be made in writing, unless a more stringent form is required by law. Individual agreements remain unaffected by this provision.

4. The customer may transfer rights and obligations arising from the contractual relationship to third parties only with EHRLE’s prior consent, to the extent that such consent is permitted by law.

5. Should any provision of these Terms and Conditions of Sale and Delivery be or become invalid or unenforceable, in whole or in part, the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the applicable statutory provisions.

6. If any provision of these Terms and Conditions of Sale and Delivery cannot be validly agreed upon due to mandatory law, the validity of the remaining provisions shall remain unaffected.

7. Headings are provided solely for clarity and have no independent legal significance with regard to the interpretation of the individual provisions.

§ 17 Special Provisions for Digital Functions, Software, and Connected EHRLE Products and Equipment

1. To the extent that EHRLE products and systems contain software, firmware, digital controls, payment or billing systems, telemetry, remote maintenance, online services, or other digital functions, the respective agreed-upon technical specifications and terms of use shall apply in addition.

2. The customer is responsible for providing and ensuring the ongoing functionality of the technical infrastructure within its area of responsibility. This applies in particular to power supply, network, Internet, cellular service, data connections, and other necessary communication channels.

3. Any limitations or failures of digital functions resulting from disruptions to communication, network, Internet, mobile communications, or other infrastructure for which EHRLE is not responsible do not constitute grounds for claims against EHRLE for defects.

4. EHRLE is entitled to further develop and update software, firmware, and digital systems, and to make security-related changes, provided that this does not unreasonably impair the contractually agreed-upon essential functionality of EHRLE products and systems.

5. The customer is obligated to install, or have installed, the necessary software, firmware, and security updates provided by EHRLE in a timely manner, to the extent that this falls within the customer’s area of responsibility.

6. EHRLE may process technical operational, usage, diagnostic, and system data to the extent necessary for the performance of the contract, maintenance, fault diagnosis, remote maintenance, operational safety, and the further development and improvement of EHRLE products and systems, or to comply with legal obligations.

7. The processing of personal data is carried out exclusively in accordance with the applicable data protection regulations and EHRLE’s Privacy Policy.

8. To the extent that separate terms of use, license terms, or service agreements apply to individual digital services, these shall be made available to the customer before or, at the latest, upon their incorporation into the contract, and shall apply in addition to the terms of this contract.