{"id":4406,"date":"2026-05-07T04:48:26","date_gmt":"2026-05-07T04:48:26","guid":{"rendered":"https:\/\/www.isaria.com\/terms-and-conditions\/"},"modified":"2026-05-26T07:44:01","modified_gmt":"2026-05-26T07:44:01","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.isaria.com\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n
\n

General Terms and Conditions of the Oberhaizinger Group<\/span><\/h2>\n\n
\n

\u00a7 1 Scope of Application<\/h2>\n\n
    \n
  1. \n These General Terms and Conditions of Sale (“GTC”) apply to all business relationships between the Oberhaizinger Group, currently in particular:\n
      \n
    • Oberhaizinger GmbH<\/li>\n
    • Oberhaizinger Corporate Design GmbH<\/li>\n
    • ISARIA Corporate Design GmbH<\/li>\n <\/ul>\n and our customers (“Buyer”).\n <\/li>\n
    • \n Our GTC apply only if the Buyer is an entrepreneur (\u00a7 14 German Civil Code (BGB)), a legal entity under public law, or a special fund under public law.\n <\/li>\n
    • \n Our GTC apply in particular to contracts for the sale and\/or delivery of movable goods (“Goods”), regardless of whether we manufacture the Goods ourselves or purchase them from suppliers (\u00a7\u00a7 433, 650 BGB). Unless otherwise agreed, the GTC in the version valid at the time of the Buyer’s order, or at least in the version last communicated to the Buyer in text form, shall also apply as a framework agreement for similar future contracts, without us having to refer to them again in each individual case. \n <\/li>\n
    • \n Only our GTC apply. Deviating, conflicting, or supplementary general terms and conditions of the Buyer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in text form. This requirement of consent applies in any case, for example, even if the Buyer refers to their general terms and conditions in the order and we do not expressly object. \n <\/li>\n
    • \n Individual agreements (e.g., framework supply agreements, quality assurance agreements) and information in our order confirmation take precedence over these GTC. In case of doubt, trade clauses shall be interpreted in accordance with the Incoterms published by the International Chamber of Commerce (ICC) in Paris, in the version valid at the time of conclusion of the contract. \n <\/li>\n
    • \n Legally relevant declarations and notifications by the Buyer regarding the contract (e.g., setting deadlines, notice of defects, withdrawal, or reduction) must be made in text form. Statutory formal requirements and further proof, especially in cases of doubt about the legitimacy of the declaring party, remain unaffected. \n <\/li>\n
    • \n References to the applicability of statutory provisions are for clarification purposes only. Therefore, even without such clarification, the statutory provisions apply, unless they are directly amended or expressly excluded in these GTC. \n <\/li>\n <\/ol>\n <\/section>\n\n
      \n

      \u00a7 2 Conclusion of Contract<\/h2>\n\n
        \n
      1. \n The Buyer’s order is considered a binding offer to contract. Unless otherwise stated in the order, we are entitled to accept this offer within four weeks of its receipt by us. \n <\/li>\n
      2. \n Acceptance can be declared either in text form (e.g., by order confirmation) or by delivery of the Goods to the Buyer.\n <\/li>\n <\/ol>\n <\/section>\n\n
        \n

        \u00a7 3 Documents, Property Rights and Copyrights<\/h2>\n\n
          \n
        1. \n Documents such as illustrations, drawings, plans, and dimensions are only approximate, unless expressly designated as binding.\n <\/li>\n
        2. \n We reserve the property rights and copyrights to cost estimates, drawings, and other documents. Without our prior written consent, these documents may not be used for purposes other than the contract, in particular, they may not be reproduced or made accessible to third parties. \n <\/li>\n
        3. \n The documents must be returned to us immediately upon request. There is no right of retention for these documents. \n <\/li>\n
        4. \n Proofs and samples must be checked by the Buyer for errors and approved by us. The Buyer is expressly advised to carry out the sample inspection carefully. We are only liable for deviations caused by gross negligence or intent; changes made by telephone require our confirmation in text form. \n <\/li>\n
        5. \n The Buyer must adequately insure manuscripts, originals, samples, plans, papers, etc., handed over to us against theft, fire, water, and any other risk at their own expense. We are only liable for their loss or damage in cases of gross negligence or intent.\n <\/li>\n <\/ol>\n <\/section>\n\n
          \n

          \u00a7 4 Delivery Time, Delay in Delivery<\/h2>\n\n
            \n
          1. \n The delivery period is agreed individually or specified by us upon acceptance of the order. If this is not the case, the delivery period is four months from the conclusion of the contract. \n <\/li>\n
          2. \n If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (unavailability of performance), we will inform the Buyer immediately and at the same time communicate the estimated new delivery deadline. If the performance is also not available within the new delivery deadline, we are entitled to withdraw from the contract in whole or in part; any consideration already provided by the Buyer will be refunded immediately. Unavailability of performance exists, for example, in the event of late self-delivery by our supplier, if we have concluded a congruent hedging transaction, in the event of other disruptions in the supply chain due to force majeure, if the sample inspection has not been approved by the Buyer, or if we are not obliged to procure in the individual case. \n <\/li>\n
          3. \n The occurrence of our delay in delivery is determined by statutory provisions. In any case, however, a reminder from the Buyer with a grace period of at least 15 working days is required. \n <\/li>\n
          4. \n A prerequisite for the occurrence of delay in delivery is that the Buyer has fulfilled their obligations to us in a timely and proper manner.\n <\/li>\n
          5. \n The Buyer’s rights according to \u00a7 8 of these GTC and our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g., due to impossibility or unreasonableness of performance and\/or subsequent performance), remain unaffected. \n <\/li>\n <\/ol>\n <\/section>\n\n
            \n

            \u00a7 5 Delivery, Transfer of Risk, Acceptance, Default of Acceptance<\/h2>\n\n
              \n
            1. \n Delivery takes place ex warehouse, which is also the place of performance for delivery and any subsequent performance. Upon the Buyer’s request and at their expense, the Goods will be shipped to another destination (sale by dispatch). Unless otherwise agreed, we are entitled to determine the type of shipment ourselves (in particular, transport company, shipping route, packaging). \n <\/li>\n
            2. \n The risk of accidental loss and accidental deterioration of the Goods passes to the Buyer at the latest upon handover. In the case of a sale by dispatch, however, the risk of accidental loss and accidental deterioration of the Goods, as well as the risk of delay, passes upon delivery of the Goods to the forwarder, carrier, or other person or institution designated to carry out the shipment, even if partial deliveries are made or we have undertaken other services, such as assembly. \n <\/li>\n
            3. \n If acceptance is agreed upon or owed, it is decisive for the transfer of risk. In all other respects, the statutory provisions of contract for work and services law apply accordingly to an agreed acceptance. It is equivalent to handover or acceptance if the Buyer is in default of acceptance. \n <\/li>\n
            4. \n The Goods will only be insured for transport by us upon the Buyer’s instruction in text form and at their expense.\n <\/li>\n
            5. \n We generally plan and assign delivery or assembly dates four weeks in advance. If the Buyer cancels an already agreed delivery or assembly date without fault on our part or that of our subcontractors, the Buyer shall bear the following flat-rate cancellation costs: \n
                \n
              • Cancellation up to 5 working days before the start of assembly: 100% of the estimated assembly costs<\/li>\n
              • Cancellation up to 10 working days before the start of assembly: 50% of the estimated assembly costs<\/li>\n
              • Cancellation up to 15 working days before the start of assembly: 15% of the estimated assembly costs<\/li>\n <\/ul>\n <\/li>\n
              • \n If, due to the Buyer’s cancellation according to the preceding paragraph 5, storage of the material becomes necessary, we may additionally charge a flat-rate storage fee of 2% of the order value for each month (pro-rata if applicable). The Buyer is permitted to prove that we have incurred no damage or significantly lower damage. We are permitted to prove that higher damage has occurred. \n <\/li>\n
              • \n In addition to the flat-rate cancellation and storage costs regulated in the aforementioned paragraphs 5 and 6, we expressly reserve the right to claim further damages up to a maximum of the order value. \n <\/li>\n
              • \n In the event of a cancellation of an already agreed delivery or assembly date according to paragraph 5, the Buyer is entitled to submit a request to us for the agreement of a substitute delivery or assembly date. The Buyer has no claim to a specific date or a specific period within which the substitute delivery or assembly date must take place; however, the Buyer is entitled to priority treatment within the available capacities. The confirmation of a date must be made by us in text form, otherwise the date is not binding for us. \n <\/li>\n
              • \n If, according to the contract, delivery or assembly is to take place on several days and the Buyer cancels only one or individual days, any agreed completion date is no longer binding. Related delivery or assembly dates will be uniformly postponed in consultation with the Buyer. \n <\/li>\n
              • \n If the execution is interrupted for a period of more than one month, without the performance becoming permanently impossible, we are entitled to invoice the services already rendered at the contract prices. In this case, we are also entitled to invoice the costs already incurred by us, even if they are attributable to the area of services not yet rendered. The Buyer shall bear the costs of site clearance and additionally the costs for necessary interim storage, insofar as they are not already included in the remuneration for the services rendered. \n <\/li>\n <\/ol>\n <\/section>\n\n
                \n

                \u00a7 6 Retention of Title<\/h2>\n\n
                  \n
                1. \n We retain title to the sold goods until full payment of all our current and future claims arising from the business relationship (secured claims).\n <\/li>\n
                2. \n The goods subject to retention of title may not be pledged to third parties or transferred as security before full payment of the secured claims. The Buyer must notify us immediately in writing if an application for the opening of insolvency proceedings is filed or if third parties gain access (e.g., through seizures) to the goods belonging to us. \n <\/li>\n
                3. \n In the event of breach of contract by the Buyer, in particular non-payment of the due purchase price, we are entitled, in accordance with statutory provisions, to withdraw from the contract and\/or to demand the return of the goods based on the retention of title. The demand for return does not simultaneously constitute a declaration of withdrawal; rather, we are entitled to merely demand the return of the goods and reserve the right to withdraw. If the Buyer does not pay the due purchase price, we may only assert these rights if we have previously unsuccessfully set the Buyer a reasonable deadline for payment, unless such a deadline is dispensable according to statutory provisions. \n <\/li>\n
                4. \n The Buyer is authorized, until revocation in accordance with (c) below, to resell and\/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions apply in addition. \n\n
                    \n
                  1. \n The retention of title extends to the products resulting from the processing, mixing, or combining of our goods, to their full value, whereby we are considered the manufacturer. If, in the event of processing, mixing, or combining with goods of third parties, their ownership rights remain, we acquire co-ownership in proportion to the invoice values of the processed, mixed, or combined goods. In all other respects, the same applies to the resulting product as to the goods delivered under retention of title. \n <\/li>\n
                  2. \n The Buyer hereby assigns to us, as security, all claims against third parties arising from the resale of the goods or the product, or in the amount of our co-ownership share in accordance with the preceding paragraph. We accept the assignment. The Buyer’s obligations mentioned in paragraph 2 also apply with regard to the assigned claims. \n <\/li>\n
                  3. \n The Buyer remains authorized to collect the claim alongside us. We undertake not to collect the claim as long as the Buyer fulfills their payment obligations to us, there is no deficiency in their ability to perform, and we do not assert the retention of title by exercising a right according to paragraph 3. If this is the case, however, we can demand that the Buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the associated documents, and notifies the debtors (third parties) of the assignment. Furthermore, in this case, we are entitled to revoke the Buyer’s authorization to further resell and process the goods subject to retention of title. \n <\/li>\n
                  4. \n If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice upon the Buyer’s request.\n <\/li>\n <\/ol>\n <\/li>\n <\/ol>\n <\/section>\n\n
                    \n

                    \u00a7 7 Prices, Right of Set-off and Retention<\/h2>\n\n
                      \n
                    1. \n Unless otherwise agreed in individual cases, our prices valid at the time of conclusion of the contract apply, ex warehouse, plus statutory value-added tax. \n <\/li>\n
                    2. \n In the case of a sale by dispatch (\u00a7 5 para. 1 sentence 2), the Buyer bears the transport costs ex warehouse and the costs of any transport insurance requested by the Buyer. The Buyer bears any customs duties, fees, taxes, and other public charges. \n <\/li>\n
                    3. \n Unless otherwise agreed, the agreed remuneration is due and payable within 7 calendar days from invoicing. We are entitled at any time to carry out a delivery in whole or in part only against advance payment. \n <\/li>\n
                    4. \n Upon expiry of the aforementioned payment deadline, the Buyer is in default. The remuneration shall bear interest at the applicable statutory default interest rate during the period of default. We reserve the right to claim further damages caused by default. Our claim to commercial maturity interest (\u00a7 353 German Commercial Code (HGB)) remains unaffected for merchants. \n <\/li>\n
                    5. \n The Buyer is entitled to rights of set-off or retention only insofar as their claim has been legally established or is undisputed. In the event of defects in the delivery, the Buyer’s counter-rights, in particular pursuant to \u00a7 8 para. 4 sentence 2 of these GTC, remain unaffected. \n <\/li>\n
                    6. \n If, after conclusion of the contract, it becomes apparent (e.g., through an application for the opening of insolvency proceedings) that our claim to remuneration is jeopardized by the Buyer’s lack of solvency, we are entitled, in accordance with statutory provisions, to refuse performance and \u2013 if necessary, after setting a deadline \u2013 to withdraw from the contract (\u00a7 321 BGB). In the case of contracts for the manufacture of non-fungible goods (custom-made products), we can declare withdrawal immediately; the statutory provisions on the dispensability of setting a deadline remain unaffected. \n <\/li>\n
                    7. \n If the performance of the contract (delivery, etc.) is delayed for more than six months for reasons for which we are not responsible, we are entitled to pass on to the Buyer any significant price increases for materials, wages and salaries, energy, as well as storage and forwarding costs that have occurred in the meantime.\n <\/li>\n <\/ol>\n <\/section>\n\n
                      \n

                      \u00a7 8 Buyer’s Claims for Defects<\/h2>\n\n
                        \n
                      1. \n The statutory provisions apply to the Buyer’s rights in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly\/installation), unless otherwise specified below.\n <\/li>\n
                      2. \n We are generally not liable for defects that the Buyer knows or is grossly negligent in not knowing at the time of concluding the contract (\u00a7 442 BGB). Furthermore, the Buyer’s claims for defects presuppose that they have complied with their statutory inspection and notification obligations (\u00a7\u00a7 377, 381 HGB). For building materials and other goods intended for installation or further processing, an inspection must be carried out immediately before processing in any case. If a defect appears during delivery, inspection, or at any later time, we must be notified immediately in text form. In any case, obvious defects must be reported in text form within three working days of delivery, and defects not recognizable during inspection must be reported within the same period from discovery. Obvious transport defects must be noted on the bill of lading. If the Buyer fails to carry out a proper inspection and\/or notification of defects, our liability for the defect not reported or not reported in time or not properly reported is excluded according to statutory provisions. In the case of goods intended for installation, attachment, or assembly, this also applies if the defect only became apparent after the corresponding processing as a result of a breach of one of these obligations; in this case, the Buyer has no claims for reimbursement of corresponding costs (“removal and installation costs”). \n <\/li>\n
                      3. \n If the goods are defective, we can initially choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery). If the type of subsequent performance chosen by us is unreasonable for the Buyer in an individual case, they may refuse it. Our right to refuse subsequent performance under the statutory conditions remains unaffected. \n <\/li>\n
                      4. \n We are entitled to make the owed subsequent performance dependent on the Buyer paying the due remuneration. However, the Buyer is entitled to retain a reasonable part of the remuneration in proportion to the defect. \n <\/li>\n
                      5. \n Subsequent performance does not include the removal, dismantling, or de-installation of the defective item, nor the installation, attachment, or assembly of a defect-free item, if we were not originally obliged to perform these services.\n <\/li>\n
                      6. \n We bear or reimburse the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labor, and material costs, as well as, if applicable, removal and installation costs, in accordance with statutory regulations and these GTC, if a defect actually exists. Otherwise, we can demand reimbursement from the Buyer for the costs incurred from an unjustified request for defect rectification if the Buyer knew or should have known that no defect actually existed. \n <\/li>\n
                      7. \n The Buyer’s claims for reimbursement of expenses pursuant to \u00a7 445a para. 1 BGB are excluded, unless the last contract in the supply chain is a consumer goods purchase (\u00a7\u00a7 478, 474 BGB) or a consumer contract for the provision of digital products (\u00a7\u00a7 445c sentence 2, 327 para. 5, 327u BGB). The Buyer’s claims for damages or reimbursement of futile expenses (\u00a7 284 BGB) also exist in the event of defects in the goods only in accordance with the following \u00a7\u00a7 9 and 10. \n <\/li>\n <\/ol>\n <\/section>\n\n
                        \n

                        \u00a7 9 Other Liability<\/h2>\n\n
                          \n
                        1. \n Unless otherwise provided in these GTC, including the following provisions, we are liable for a breach of contractual and non-contractual obligations in accordance with statutory provisions.\n <\/li>\n
                        2. \n We are liable for damages \u2013 regardless of the legal reason \u2013 within the scope of fault liability for intent and gross negligence. In the case of simple negligence, we are liable, subject to statutory limitations of liability (e.g., due diligence in one’s own affairs; insignificant breach of duty), only \n\n
                            \n
                          1. \n for damages resulting from injury to life, body, or health,\n <\/li>\n
                          2. \n for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose observance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.\n <\/li>\n <\/ol>\n <\/li>\n
                          3. \n The limitations of liability resulting from the preceding paragraph 2 also apply to third parties and in the event of breaches of duty by persons (also in their favor) for whose fault we are responsible according to statutory provisions. They do not apply insofar as a defect was fraudulently concealed or a guarantee for the quality of the goods was assumed, and for the Buyer’s claims under the Product Liability Act. \n <\/li>\n
                          4. \n Due to a breach of duty that does not consist of a defect, the Buyer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the Buyer (in particular pursuant to \u00a7\u00a7 650, 648 BGB) is excluded. In all other respects, the statutory conditions and legal consequences apply. \n <\/li>\n <\/ol>\n <\/section>\n\n
                            \n

                            \u00a7 10 Statute of Limitations<\/h2>\n\n
                              \n
                            1. \n Notwithstanding \u00a7 438 para. 1 no. 3 BGB, the general limitation period for claims arising from material defects and defects of title \u2013 with the exception of buildings, for which the statutory regulation remains \u2013 is one year from delivery. If acceptance is agreed, the limitation period begins with acceptance. \n <\/li>\n
                            2. \n Further special statutory provisions on the statute of limitations (in particular \u00a7 438 para. 1 no. 1, 76 para. 3, \u00a7\u00a7 444, 445b BGB) also remain unaffected.\n <\/li>\n
                            3. \n The aforementioned limitation periods of sales law also apply to the Buyer’s contractual and non-contractual claims for damages based on a defect in the goods, unless the application of the regular statutory limitation period (\u00a7\u00a7 195, 199 BGB) would lead to a shorter limitation period in an individual case. The Buyer’s claims for damages pursuant to \u00a7 9 para. 2 sentence 1 and sentence 2 a) as well as under the Product Liability Act are exclusively subject to the statutory limitation periods. \n <\/li>\n <\/ol>\n <\/section>\n\n
                              \n

                              \u00a7 11 Choice of Law and Place of Jurisdiction<\/h2>\n\n
                                \n
                              1. \n These GTC and the contractual relationship between us and the Buyer are governed by the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.\n <\/li>\n
                              2. \n If the Buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive \u2013 also international \u2013 place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our respective registered office. The same applies if the Buyer is an entrepreneur within the meaning of \u00a7 14 BGB. However, in all cases, we are also entitled to file a lawsuit at the place of performance of the delivery obligation according to these GTC or a priority individual agreement, or at the Buyer’s general place of jurisdiction. Priority statutory provisions, in particular regarding exclusive jurisdictions, remain unaffected. \n <\/li>\n <\/ol>\n <\/section>\n\n
                                \n

                                \u00a7 12 Severability Clause<\/h2>\n\n
                                  \n
                                1. \n The invalidity of individual provisions of these GTC does not affect the validity of the remaining provisions.\n <\/li>\n
                                2. \n Should a provision of these GTC be invalid, a regulation shall take its place that the parties would have chosen, taking into account their mutual interests, if they had been aware of the invalidity.\n <\/li>\n <\/ol>\n <\/section>\n\n

                                  Status:<\/strong> 2025-08-31<\/p>\n <\/main>\n","protected":false},"excerpt":{"rendered":"

                                  General Terms and Conditions of the Oberhaizinger Group \u00a7 1 Scope of Application These General Terms and Conditions of Sale (“GTC”) apply to all business relationships between the Oberhaizinger Group, currently in particular: Oberhaizinger GmbH Oberhaizinger Corporate Design GmbH ISARIA Corporate Design GmbH and our customers (“Buyer”). Our GTC apply only if the Buyer is […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":14,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-4406","page","type-page","status-publish","hentry"],"yoast_head":"\nTerms and Conditions - ISARIA<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.isaria.com\/en\/terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and Conditions - ISARIA\" \/>\n<meta property=\"og:description\" content=\"General Terms and Conditions of the Oberhaizinger Group \u00a7 1 Scope of Application These General Terms and Conditions of Sale (“GTC”) apply to all business relationships between the Oberhaizinger Group, currently in particular: Oberhaizinger GmbH Oberhaizinger Corporate Design GmbH ISARIA Corporate Design GmbH and our customers (“Buyer”). 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