General Terms and Conditions

1. General Provisions

The following general terms and conditions shall apply to all quotes, contracts, services and deliveries that are not explicitly governed by a different written agreement. The provisions of the contractual partner shall apply only if they do not conflict with the provisions of A.N. Solutions GmbH with regard to sale, delivery or export or if they have been accepted in writing by A.N. Solutions GmbH. Alternative general terms and conditions, purchase conditions or delivery conditions of the customer shall neither be tacitly nor in the absence of explicit objection on the part of A.N. Solutions GmbH considered an integral part of the agreement governing the relevant contractual relationship. All quotes are non-binding. A legally valid contract shall only come into being after a written order confirmation has been issued by A.N. Solutions GmbH . Sketches, drawings and other documentation appended to the quote shall only be binding for A.N. Solutions GmbH if they have been identified as such and it has been explicitly agreed in writing that these are subject to the provisions of the contractual agreement A.N. Solutions GmbH retains the right to amend the design, materials and specifications. This shall also apply after the order confirmation has been sent, insofar as these modifications do not conflict with the order confirmation or the specifications supplied by the customer.

2. Scope of Services and Subject of the Order

The information contained in the offer, especially the task description, outlines the objective of the order. Unless otherwise expressly agreed in writing, A.N. Solutions GmbH shall be bound by the offer for a period of four (4) weeks.
With regard to the procurement of pure material components, prices and delivery times may change at short notice due to the current market situation. These offers are therefore subject to change and non-binding.
In the event of a different form of order placement, the relevant order shall be valid only if the express written approval of A.N. Solutions GmbH is supplied. The same shall apply in the event that the content of the order placed differs from the previous quote provided by A.N. Solutions GmbH. If A.N. Solutions GmbH is supplied, with the customer’s agreement, with materials or other work results by the customer or third parties, the customer shall be responsible for ensuring these function as required, conform to specifications and/or produce the results expected, unless the contractual agreement specifies that such inspection is the responsibility of A.N. Solutions GmbH.
The customer will receive an order confirmation (PDF document format) unless otherwise expressly agreed in writing.

3. Performance Times and Delivery Times

Order processing shall commence at the earliest upon placement of the order in accordance with Section 2, otherwise on the date specified in the order confirmation. The delivery and performance deadlines specified in the offer are generally non-binding and serve as guidelines. The delivery and performance deadlines specified in the order confirmation shall then apply.
Prices and dates are subject to the confirmation of our suppliers and to timely and correct delivery by them. If, after the order has been confirmed to the client, the delivery time and price change, this will result in changes to the order confirmation. In the event of force majeure, allocation, or other unforeseeable or unusual circumstances beyond the control of A.N. Solutions GmbH, such as default of payment by the client, strikes, lockouts, etc., the delivery period may be postponed accordingly, even if these occur at a supplier of A.N. Solutions GmbH.
If, despite concluding a congruent covering transaction, A.N. Solutions GmbH is not supplied with the goods ordered by A.N. Solutions GmbH by its supplier in a timely or correct manner, without A.N. Solutions GmbH being responsible for the incorrect or late delivery to itself, A.N. Solutions may withdraw from the contract as the seller. The incorrect or late delivery of its own supplies shall be notified to the buyer. If A.N. Solutions GmbH does not withdraw from the contract, it shall be released from its obligation to perform for the duration of the late or incorrect delivery of its own supplies.
Any agreements to change the scope of services during order processing will result in a corresponding adjustment of the relevant deadlines. This new deadline must be agreed between the contracting parties.

4. Service and Payment Conditions, prices

If possible, the exact scope of work shall be specified on the basis of the information provided by the customer prior to the contract being concluded and a price shall be agreed.
In the event that while executing the order, the information provided by the customer prior to the contract being concluded turns out to be inaccurate, or the scope of the services to be provided by the contractor as per the contract changes as a result of additional performance requirements or modification requests from the customer, the price shall be adjusted to reflect the changed scope of services in agreement with the customer.
If invoicing based on the actual costs incurred is contractually agreed, invoices shall be issued on the basis of actual costs up to the defined upper payment limit. With this in view, A.N. Solutions GmbH undertakes, in the event of becoming aware that the agreed upper cost limit will be exceeded without the target order objective being achieved, to inform the customer about this in a timely manner and make suggestions about the next steps.
If there are more than 4 weeks between the conclusion of the contract and the contractually agreed delivery date, A.N. Solutions GmbH is entitled to pass on to the purchaser any price increases that occurred up to the point in time of shipment.
Unless otherwise agreed, the costs for logistics and shipping are to be borne by the client (EXW Dresden). They are not part of the offer and will be shown on the order-related invoice.
We reserve the right to adjust prices if the exchange rate between the US dollar and the euro (or other foreign currencies and the euro) varies by more than +/- 5% from the exchange rate at the time the offer was made.

5. System Setup, Installation and Services

System setup and installation, commissioning and maintenance must be separately ordered. The customer is responsible for any additional work including the provision of materials and supplementary features.
The customer must inform A.N. Solutions GmbH personnel about all relevant circumstances and security measures. If there is a delay that is the responsibility of the customer in completion of the aforementioned activities, A.N. Solutions GmbH reserves the right to invoice the cost of all waiting times and all other proven additional expenditure.

6. Terms of Payment

All invoices must be paid by bank transfer into our nominated account in euros or the currency stated in the invoice in full and within 15 days of the invoice date. A.N. Solutions GmbH reserves the right to demand other terms such as cash payment, direct debit payment, advance payment or similar. A.N. Solutions GmbH is permitted to make partial deliveries. If applicable, these shall be invoiced separately at the conditions agreed in the overall order.
The customer has the right to offset and exercise its right of retention only if its counterclaims have been found to be legally valid, are undisputed or have been expressly acknowledged in writing by A.N. Solutions GmbH. However, this right may only be exercised up to the amount of the reduction in value of the goods attributable to the defect. If the purchaser is in default of payment, A.N. Solutions GmbH is entitled to terminate the contract and claim appropriate interest payments and damages. Any outstanding payments shall become immediately payable. In the event of non-payment or delayed payment, the purchaser shall lose all warranty claims with regard to the delivered goods.

7. Minimum Order and Express Delivery Surcharges

The minimum order surcharge for orders with a net total value of less than €250 is €75.
The minimum order surcharge for orders with a net total value of less than €500 is €50.
A one-off charge of €25 euros shall be invoiced for express deliveries outside of the standard delivery times.

8. Rights to the Contractual Items

The customer shall have a non-exclusive right of usage of the specific work results of the order with regard to industrial property rights, copyrights and other intellectual property rights (‘know-how’). If performing the services requires recourse to already existing rights of A.N. Solutions GmbH, the customer shall have a non-exclusive right of usage of these if this is necessary in order to use the contractual items.
If the customer requires recourse to existing rights of A.N. Solutions GmbH in order to utilise the contractual items, A.N. Solutions GmbH shall grant the customer, in return for payment, the non-exclusive right of recourse to these rights in a separate contractual agreement. If A.N. Solutions GmbH intends to relinquish rights to which the customer has the right of recourse, it must notify the customer of this intention in writing without delay. At the customer’s written request, such rights can be transferred to the customer in accordance with appropriate conditions and through a special written agreement. In any event, A.N. Solutions GmbH shall retain a gratuitous, non-exclusive right of usage of all industrial property rights and copyrights and the associated ‘know-how’ for its own purposes.
The sale, delivery, transfer, or export of goods to Belarus and Russia and the re-export for use in Belarus and Russia is prohibited. If you violate this provision, we are obliged to take appropriate remedial measures and report this to the competent authority of the member state in which you are established.

9. Retention of Title

The customer shall not be assigned ownership of the contractual items until it has paid the purchase price due under the contract in full. Until this point, ownership and right of use as defined in Art. 449 of the German Civil Code (BGB) shall be retained by A.N. Solutions GmbH and these may be neither pledged nor assigned by way of collateral.
However, the customer retains the right to continue to sell the contractual items during the normal course of business. In such a case, the customer undertakes to transfer all entitlements arising from the sale or the granting of rights of usage to A.N. Solutions GmbH in advance.

10. Liability and Warranty

With the current status of technological development, it is generally not possible to identify all defects or deviations in products, systems and developments in information and telecommunications technology under all conditions of use. A.N. Solutions GmbH undertakes to comply with the requirements of the statutory warranty and to observe all necessary technical care and comply with the acknowledged rules of technology when providing and documenting the contractually agreed services
A.N. Solutions GmbH herewith expressly refuses to assume additional obligations to the effect that all product and system defects and deviations are identified, documented and taken into appropriate consideration while executing the order.
The warranty period is twelve (12) months from the delivery date unless otherwise agreed in writing or the legislation requires otherwise in the case of end users.
Our warranty does not cover damage due to routine wear and tear, glass breakage, inappropriate use/installation/handling of modifications/repairs to the delivered item attributable to/made by the customer or a third party.
The customer must submit any claims within 28 days from receipt of the goods or completion of contract performance. Claims must be supported by corresponding evidence, such as quality documentation, test reports, invoices etc.
The warranty only covers repairs or the replacement of the relevant parts at the earliest possible point in time. A.N. Solutions GmbH reserves the right to decide on the legitimacy of claims made under warranty.
All claims for partial or full reimbursement of the purchase price are excluded. Ownership of defective and replaced parts shall be transferred to A.N. Solutions GmbH.
The customer shall bear the costs of shipping the replacement parts. All further claims related to defects apart from those stated above are hereby explicitly excluded.

11. Disclaimers

Unless otherwise specified in the following provisions, A.N. Solutions GmbH shall assume no liability irrespective of the legal basis of a claim. A.N. Solutions GmbH specifically assumes no liability for any indirect losses, breaches of secondary obligations, lack of commercial success, loss of profit, direct losses, consequential losses caused by defects and losses arising as a result of claims made by third parties against the customer.
A.N. Solutions GmbH shall be liable only for claims for compensation made by the customer in accordance with current legislation that arise in connection with the consequences of wilful intent or gross negligence on the part of A.N. Solutions or on the part of its representatives or agents. If A.N. Solutions GmbH is not charged with wilful breach of contract, the liability for compensation shall be limited to the typical foreseeable losses that can arise in view of the nature of the contract.
A.N. Solutions GmbH shall be liable only for claims made in accordance with current legislation if it culpably breaches a fundamental contractual obligation. In this case, a fundamental contractual obligation is to be understood as an obligation that must be complied with in order to perform the contract and that the customer can assume will be complied with under normal circumstances.
A.N. Solutions GmbH shall be liable only for claims made in accordance with current legislation in the event of culpable injury to life, body or health. This also applies to its mandatory liability under the Product Liability Act.

12. Arrangements for Returns (‘RMA Procedure’)

All customers are valuable to A.N. Solutions GmbH. Therefore, in accordance with the provisions of Section 10, strict return policies are in place to ensure customer satisfaction. In the event of proven defective or damaged goods, please contact our service department immediately in writing.
Please provide us with detailed information and, once your case has been reviewed and evaluated in detail by A.N. Solutions GmbH, you will be provided with an RMA number. Please then only return the defective or damaged goods to us at our expense once you have our prior written consent.
We shall accept all equipment for test purposes if it is free from chemical, biological and radioactive materials or is certified as having been decontaminated or disinfected.
Please send the products back to us together with a copy of the invoice and a detailed written description of the defect, and ensure that you use correct and transport-appropriate packaging.
If it becomes apparent during the RMA procedure that the defects/damage was caused by improper handling by the customer, we shall invoice the customer for all of the expenses incurred during the defect analysis.

13. Additional Rights of Contract Termination

In addition to the statutory right of termination, the contracting parties have the following special rights of termination:
- If the customer fails to provide the required cooperation, or if the information provided by the customer is deficient, unsuitable or incomplete, A.N. Solutions GmbH shall be entitled, after setting a suitable deadline for the provision of suitable cooperation and compliance with the information obligations that have not been met, to terminate the contract without notice. Similarly, the contractor is entitled to terminate the contract without notice if breaches of cooperation or information obligations by the customer or requests for changes by the customer necessitate additional work that is not included in the contractually agreed order calculation, and A.N. Solutions GmbH has set the customer a suitable deadline for assuming the additional costs that has not been met. The customer must reimburse in full any costs and losses incurred by A.N. Solutions GmbH as a result of terminating the contract without notice.
- Otherwise, both contracting parties have the right of termination after providing one month’s notification of this intention prior to the end of the month in question if, six (6) months after acceptance of the order, no significant progress has been made and no significant progress is to be expected. Once the contract has been effectively terminated, A.N. Solutions GmbH shall supply the customer with the work results generated up to that point in time. The customer undertakes to pay A.N. Solutions GmbH the (partial) remuneration due to it by that point in time as per the contract.

14. Confidentiality

In order to allow the free exchange of ideas between the contractual partners, the customer and contractor shall, with regard to third parties, treat all knowledge, documents, information on tasks and business transactions of the other contractual partner of which they become aware as a result of the contract or during negotiations prior to concluding the contract, as strictly confidential.
The mutual obligation of the contractual partners to treat such information as confidential shall apply both for the duration of the contractual relationships and also for a post-contractual period of three (3) years, insofar as not otherwise agreed in writing.
The obligation to observe confidentiality shall not apply to information that was already known to the parties, particularly information that was in the public domain without any breach of precontractual or contractual confidentiality obligations, or that was provided to the parties by a third party authorized to do so.

15. Jurisdiction and Place of Performance

Place of performance for all services to be provided through the contractual relationship between A.N. Solutions GmbH and the customer is the registered office of A.N. Solutions GmbH, unless expressly otherwise agreed in writing.
German law only shall apply; the provisions of the United Nations Convention on Contracts for the Inter- national Sale of Goods are hereby excluded.
If these Terms and Conditions are available in several languages, the original German version shall take precedence.
Place of jurisdiction for all disputes that cannot be resolved outside of the courts shall be the district court or regional court of Dresden that has jurisdiction over the head office of A.N. Solutions GmbH, unless expressly otherwise agreed in writing.

16. Severability Clause

If one or more of the provisions of this contract is/are or becomes/become invalid, this shall not affect the validity of the remaining provisions and the contract as a whole. In this case, the contractual partners under- take to agree to a new, legally effective provision that most closely reflects the intended purpose of the inef- fective provision from a commercial perspective. The aforementioned provisions shall apply accordingly if the contract should prove to have loopholes.

Status: 17 July 2025

Legal Notice

A.N. Solutions GmbH
Am Brauhaus 5
01099 Dresden
Germany

Tel.: +49 351 30900 195
Fax: +49 351 30900 189

Email: info@an-solutions.de
Website: www.an-solutions.de

Managing Director: Thomas Lerm

Dresden register court, HRB 27824
VAT ID No. DE 2656 18684