Terms and conditions
General
Terms and Conditions
for sale
BURMS – 3D Druck Jena GmbH & Co. KG
1. Scope/Inclusion in the contract
The following terms and conditions (“Terms and Conditions”) apply to all current and future business relationships between the BURMS – 3D Druck Jena GmbH & Co. KG, hereinafter referred to as BURMS and the Entrepreneurs within the meaning of Section 14 of the German Civil Code (hereinafter referred to as "Customer"). Oral side agreements, representations or guarantees as well as exclusions, changes or additions to these terms and conditions require the express written confirmation of BURMSThis also applies to the waiver of this written form requirement. The validity of the customer's general terms and conditions is hereby contradicted even if these BURMS in a confirmation letter or by other means. All provisions of these Terms and Conditions contain the terms and conditions between the customer and BURMS exclusively applicable conditions for the use of the services by the customer, unless and to the extent that these are modified by individual agreements between the parties.
These Terms and Conditions and all business relationships with BURMS and the customer the application of German law is expressly agreed. Die application of the U.N.-Sales law is excluded. In addition, the parties agree that the place of jurisdiction shall be Jena.
Part A of these Terms and Conditions provides the legal framework for the sale of goods, Part B contains specific regulations for the Hardgoods sales own products (3D printers, 3D spare parts, 3D printing materials) and Part C contains Contains order and delivery conditions for the services provided within the framework of the BURMS printing center.
Part A: General terms and conditions for the sale of goods
2. Conclusion of contract
Offers from BURMS are always subject to change and non-binding. Our offers only become binding after written confirmation or delivery of the goods to the customer. Technical changes as well as changes in shape, color, and weight are permitted within reasonable limits. By ordering the goods, the customer submits a binding offer, for which an acceptance period of at least two weeks applies. Acceptance can be made either in writing, by E-Email or by delivery of the goods to the customer. At the same time as placing the order, the customer agrees that the data accompanying the order, u.a. also the company data concerning the customerdata recorded in BURMS's electronic data processing system and saved.
3. Prices/Payment/Retention
The prices of BURMS apply ex works plusVAT and packaging costs. If a mail-order purchase is agreed, the customer shall also bear the transport costs. BURMS is obligated to insure the goods; any costs incurred are borne by the customer. Unless otherwise agreed, no discount will be granted and all payments must be made within 30 days after invoicing to effect. The customer is only entitled to a set-off in respect of such undisputedn, legally establishedn or decision-makingn Claims to, which come from the same contractual relationship with BURMS.
4. Delivery and transfer of risk
If no delivery deadline has been agreed, delivery must be made within two months of written acceptance of the order. Confirmed orders and delivery dates are subject in all cases to correct, timely, and complete delivery to BURMS, unless the non-delivery or delay is due to BURMS's fault. Partial deliveryen are permissible as long as this is reasonable for the customer. Earlier delivery by BURMS is permitted. The delivery period shall be extended appropriately if unforeseen obstacles prevent the production or delivery of the goods, such as strikes, lockouts, fire, official restrictions, etc. Unless otherwise agreed in writing, shipping by BURMS will be “ex works”, place of delivery KAHLA, Im Camisch 4, 07768 Kahla, Germany, (EXW), INCOTERMS 2020. BURMS shall deliver the goods by presenting them to the customer at the place of delivery Kahla, Im Camisch 4 , (place of delivery). The customer bears all risks of loss or damage to the goods from the time the goods are loaded by BURMS onto the collecting means of transport at the place of delivery.
5. Contractual impediments
Circumstances of force majeure beyond the control of BURMS, which temporarily make performance impossible or otherwise hinder it, such as strikes, war, warlike conditions, blockades, import and export restrictions, official Measures, energy or raw material shortages and similar, even if they occur during the delay, entitle BURMS to to postpone delivery for the duration of this event. If such events result in the fulfilment of the contract becoming economically and organisationally unreasonable for BURMS, BURMS shall be entitled to withdraw from the contract in whole or in part. The right to postpone delivery or to withdraw exists regardless of whether the circumstances listed above occur at the place of delivery or at a supplier of BURMS. The exercise of these rights by BURMS does not entitle the customer to claims for damages.
6. Warranty for material and legal defects
6a. Material defects
(1) In principle, only the product specifications of BURMS shall be deemed to be the agreed quality of the goods.Public statements, recommendations, or advertising by BURMS do not constitute contractual specifications of the quality of the goods. Guarantees must be agreed in writing.If the goods do not have the agreed quality and therefore constitute a material defect, BURMS shall, at its discretion, provide subsequent performance by repair or replacement. If a shipment is only partially defective, only the defective part must be replaced.
(2) The customer must return the delivered goods within a period of 5 working days upon receipt for defects. After this period, the goods received shall be deemed to have been accepted. Obvious material defects must be reported within the period of 5 Working days In writing, upon receipt of the goods. Timely dispatch is sufficient to meet the deadline.
(3) Goods that are the subject of a complaint must be returned upon BURMS's request. BURMS will bear the shipping costs if the complaint is timely and justified; otherwise, the customer will bear the shipping costs.
(4) To the extent that BURMS is obligated to pay damages due to a defect in accordance with statutory provisions (regardless of the legal basis), including any claims for damages following a positive breach of contract, negligence in contract negotiations and tortious acts, this obligation to pay damages shall be limited in accordance with Section 7 (Liability).
(5) Customer claims due to material defects shall expire in one (1) year from the date of delivery of the item. This does not apply in the event of fraudulent concealment of the defect or in the event of deviation from any quality or durability guarantees assumed by BURMS in accordance with Section 443 of the German Civil Code (BGB). Furthermore, this one-year limitation period shall not apply to claims for damages due to defects if the damage is due to gross negligence on the part of BURMS’s legal representatives or senior management or if the damage involves personal injury. The statutory provisions on the limitation period for any recourse claims pursuant to Section 479 of the German Civil Code (BGB) as well as on the limitation and exclusion periods pursuant to the Product Liability Act remain unaffected.
6b. Legal defects
(1) BURMS shall only be liable for infringements of third-party rights if the service is used in accordance with the contract and, in particular, in the contractually agreed and otherwise intended operating environment without changes. BURMS shall only be liable for infringements of third-party rights within the European Union and the European Economic Area and at the place of contractual use of the service.
(2) If a third party claims against the customer that a service provided by BURMS infringes its rights, the customer shall notify BURMS immediately. BURMS and, if applicable, its suppliers are entitled, but not obliged, to to the extent permissible, to defend the asserted claims at their own expense. The customer is not entitled to acknowledge third-party claims before giving BURMS a reasonable opportunity to defend against the third-party rights by other means.
(3) If a service provided by BURMS infringes the rights of third parties, BURMS will, at its own discretion and expense, (i) procure the right to use the service for the customer, (ii) make the service non-infringing, or (iii) take back the service and reimburse the customer for the remuneration paid for it (less a reasonable compensation for use), if BURMS cannot achieve any other remedy with reasonable effort. The customer's interests will be duly considered in this process.
(4) Claims of the customer due to defects of title shall become time-barred in accordance with Section 6aPart A, paragraph 5. The provisions of the following section 7 apply to the customer's claims for damages and reimbursement of expenses.
7. Liability
(1) BURMS shall be liable for damages resulting from intent or gross negligence, as well as for personal injuries, in accordance with the statutory provisions. In the case of negligently caused property damage and financial losses, BURMS only in the event of a breach of essential contractual obligations which are indispensable for the achievement of the purpose of the contract and on whose strict compliance the customer must therefore be able to rely, and in the event of an intentional or grossly negligent breach of those obligations by simple vicarious agents of the BURMS, is liable BURMS in accordance with the statutory provisions; however, in all cases, the amount is limited to the damages foreseeable and typical for the contract at the time of conclusion of the contract. Furthermore, all claims of the customer for compensation for direct or indirect damages – regardless of the legal basis, including any claims for compensation due to breach of pre-contractual obligations and tortious acts, are excluded. Unless otherwise provided herein, liability claims shall expire within one (1) year from the date of delivery of the item, with the exception of liability for injury to life, limb, or health.
(2) The statutory liabilitysregulations due to the lack of one of BURMS guaranteed quality or under the Product Liability Act remain in force.
8. Retention of title
BURMS reserves ownership of the purchased item until receipt of all payments from the respective delivery ofrThe customer is entitled to process and sell the goods in the ordinary course of business, as long as he is not in default with the payment of the purchase price. If the goods are processed in accordance with §§ 946, 947 BGB, the ownership of BURMS to the exclusion of Section 950 of the German Civil Code (BGB) in the newly created item. The customer hereby assigns to BURMS, as security, all claims resulting from the resale or further processing in full. BURMS accepts this assignment. If the customer sells the Retained goods together with other non- by BURMS delivered goods, the assignment shall in the amount of the invoice amount resulting from the resale of the reserved goods by BURMS. BURMS revocably authorizes the customer to collect the claims arising from the resale of BURMS goods. BURMS can only exercise the right of withdrawal if the customern Payment obligations does not properly comply with BURMSIn the event of default in payment, however, only after the unsuccessful expiration of a reasonable grace period. Following revocation, BURMS is authorized to collect the claims arising from the reserved goods. In the event of revocation, the customer is obliged to inform its customers about the assignment of claims and to provide BURMS with all information and documents necessary for collection.
9.Reserved goods
(1) The customer is obligated, to carefully store the reserved goods for BURMS and to use them at your own expense against loss and damage. The customer hereby assigns his claims under the insurance contracts to BURMS. BURMS accepts this assignment. In the event of breach of contract by the customer, BURMS is entitled to seize the goods. The request for return, the repossession or the seizure of the reserved goods do not constitute a withdrawal from the contract.
(2) BURMS undertakes to release the security to which BURMS is entitled at the customer's request to the extent that the value of BURMS's security exceeds the claim to be secured by more than 15%. The selection of the security to be released is at BURMS’s discretion.
Part B: Special conditions for the sale of hardware‐ and software products
The provisions of this section under Part B amend and/or supplement the provisions of Part A exclusively for the sale and delivery of hardware and not proprietary software. Unless amended/supplemented in this section, the provisions of this section under Part A remain applicable to the sale of hardware and not proprietary software.
10. Hardware (3D printers and accessories)
(1) The place of delivery and destination are determined by Part A No. 4.
(2) Unless otherwise agreed, the customer is responsible for the hardware‐ and/or software upon receipt. The customer tests the hardwaregoods Before use, the hardware must be thoroughly tested for defects and usability in the existing hardware. After the test run has been completed without any significant defects, the customer must accept the hardware. Defects must be BURMS immediately within 5 working days after their discovery, otherwise the hardware shall be deemed accepted. If the customer refuses acceptance due to significant defects, BURMS entitled to carry out repairs or replacement deliveries and then declare readiness for acceptance again. If the customer does not accept the goods within a period of fourteen calendar days or does not provide a written declaration from the customer detailing the points that have not been met, acceptance shall be deemed to have been completed.
(3) BURMS may agree with the customer that BURMS will provide certain services during the initial installation/commissioning of the hardware at the customer’s premises. If BURMS If the customer undertakes hardware installation services, the following applies: The customer must create the necessary conditions for the provision of the services within its sphere of operations, in particular by providing the required infrastructure, such as workstations, work equipment, telecommunications connections, etc., free of charge. The customer must adhere to agreed deadlines. The customer is responsible for ensuring that the necessary conditions for safe operation are met at the commissioning site.It is assumed that the customer complies with the applicable regulations and requirements for the respective premises. Further cooperation obligations are listed in the respective offer. BURMS appoints an authorized person as contact person before the installation work begins. BURMS may also have services performed in whole or in part by subcontractors appointed by it. The selection of the subcontractor is at the sole discretion of BURMS. The installation work of BURMS include Activities toproperlyCommissioning of the hardware- and software. As part of the handover to the customer, an instruction in the technical use of the hardware- and software based on the instructions for use. The type, scope and duration of these services can BURMS determine at their own discretion, BURMS is also free to stop the work on commissioning the hardware at any time if BURMS considers this to be appropriate and without being obliged to pay compensation or provide replacement services/repairs.
(4) Any services provided by BURMS To commission the hardware, which is provided to the customer free of charge, a BURMS assistance provided to the customer on a voluntary basis and do not constitute a mandatory part and/or an ancillary service of the purchase and delivery of the hardwareThe refusal of these services, their termination or other non-offering does not entitle the customer to withdraw (from the hardware purchase contract), to offset, to assert a right of retention or to assert rights under warranty law.
10a. Selling your own software
(1) The hardware sold is equipped with operating software to operate its functionalities (so-called “Slicing Software”). The customer may run this software on his hardware purchased from BURMS and the software to the extent that the respective reproduction is necessary for the use of the hardware. Creating a backup copy of the software is permitted. Rights to edit, distribute, or make the software publicly available are not granted. The customer accepts the provisions regarding maintenance, license fees or installation of this software agreed upon by BURMS with him in an individual agreement. If the hardware is resold, the software can be sold along with it.
(2) The above warranty under Section 6, Part A and liability under Section 7, Part A are provided with respect to the software created by BURMS. During the Warranty work on your own software BURMS may loan the customer a replacement hardware. Except in the case of services that expressly include data backup, BURMS is not liable for data loss if the damage would not have occurred had the customer maintained proper data backups within their area of responsibility.Proper data backup is assumed if the customer backs up its data at least daily in machine-readable format, thereby ensuring that this data can be restored with reasonable effort. Furthermore, except in cases of intent or gross negligence, BURMS's liability for data loss is limited to the typical recovery effort that would have occurred with proper data backup.
11. Sale of not-own software
(1) If BURMS not Software manufacturer iswhich is responsible for the direct operation of the hardware (3D printer) (hereinafter "third-party software") the following applies:
BURMS provides this third-party software to the customer in/with the hardware and authorizes the operation of this hardware in accordance with the specifications of the manufacturer of the third-party software. The manufacturer of the third-party software grants the customer the simple right of use to operate the hardware in accordance with the operating instructions. For the purchase andthe Maintenance of third-party software is subject to Usage‐ and license terms of the respective software manufacturer. Any installation‐, Care‐, maintenance or other services are not the subject of a service by BURMSThese must be agreed separately between the customer and the manufacturer and, if necessary, paid for. BURMS only ensures that the third-party software and its updates are present in the hardware or separately and are available for the BURMS The use of the printer described above is available, provided the customer has a valid usage and license agreement with the manufacturer of the third-party software. The customer is obligated to follow the instructions of the software manufacturer.
(2) BURMS shall not be liable for damages resulting from defective, not BURMS authorizedn Installation of third-party software and BURMS assumes no liability for errors, defects and/or the absence of third-party software. Any claims for reduction or repair against BURMS in connection with defects in or caused by the third-party software are excluded.
(3) The customer is obliged to operate the hardware and software in accordance with the operating and user instructions. The description in the user documentation is for the condition of the hardware‐ or third-party softwareßend.
(4) The above warranty under clause 6. Part A and liability under clause 7. Part A is only provided with respect to the hardware and not to the third-party software and is provided by BURMS to the extent described only if the customer has been involved in the operation of the Hardware to the BURMS adheres to the given instructions.More Limitations of liability and/or restrictions and/or rejection of warranty claims through BURMS are given if: (i) the customer uses third-party software to operate the hardware that is not BURMS supplied and/or approved; and/or (ii) to the Hardware - from BURMS unauthorized modifications, repairs or other interventions in the control system, the motor or mechanical and/or electrical functions; and/or (iii) there are defects in the hardware that have been caused to the customer by incidental or consequential damages such as water and overheating damage, electrical discharge, misuse, neglect or improper storage or use.
(5) During the warranty work (see section 6. Part A) BURMS provide the customer with a replacement for the defective hardware on loan. Except in the case of services that expressly include data backup, BURMS not be liable for the loss of data if the damage would not have occurred had the customer had proper data backups been carried out within his area of responsibility. Proper data backup is assumed if the customer backs up his data at least daily in machine-readable form and thus ensures that this data can be restored with reasonable effort. BURMS Furthermore, except in cases of intent and gross negligence, liability for the loss of data is limited to the typical recovery costs that would have occurred if the data had been properly backed up.
(6) The conclusion of maintenance contracts with third parties concerning the third-party software in the hardware is the sole responsibility of the customer.
Part C: Terms and conditions of order and delivery of BURMS 3D Druck Jena GmbH & Co. KG
3D Printing Center (i(hereinafter: BURMS Printing Center)
12. Execution of the order
(1) The terms and conditions agreed upon here apply to all services provided by the BURMS Printing Center, which are published in offer lists, order conditions, online presence, and advertisements. All services provided by the BURMS Printing Center are offered and operated by BURMS.
(2) The BURMS printing center offers various services for the additive creation of specific printed objects (the "Products") based on customer data. The specifications of the products, the type and duration of production, pricing, delivery times, and delivery locations are published by BURMS on the online pages dedicated to the order and apply in the currently valid version unless individual terms and conditions are agreed upon with the customer (z.B. also by E-Email). However, the conditions presented on the printing center’s website do not constitute a binding offer to conclude a contract for the services of BURMS. This is a non-binding invitation to order these services from BURMS.Only with electronic order placement and ther Transmission of STL or CAD data by E-Mail or upload gives the customer makes a binding purchase offer to BURMS (customer order offer).
(3) In principle, BURMS can accept the customer's order offer after the customer has sent the printable STL or CAD file to the printing center. At the latest upon processing the respective data BURMS has accepted the customer's offer for a product subject to the conditions stated here. BURMS reserves the right to reject the order offer after receiving the customer's data if, in BURMS's opinion, the received data is not suitable for the customer's desired order or is incorrect for other reasons. The customer is solely responsible for the quality and usability of the submitted data. BURMS is not obligated to inform the customer of any identified deficiencies, errors, and/or deficiencies in the data sets and to correct them.
(4) The data submitted by the customer is not personally identifiable; the customer is responsible for transmitting this anonymized order to the printing center and for re-assigning the received product to the individual's order. BURMS may reject personal data – with the exception of the customer's data – or, if necessary, delete it immediately or otherwise encrypt it. As a general rule, such data should remain with the customer. BURMS and the customer agree that the data in the STL or CAD file will be stored for at least 12 months after the order has been fulfilled.
13. Production of the product (pre-product)
(1) BURMS manufactures the ordered product in its printing center using 3D printing technology in accordance with the quality standards set by BURMS. In the event of dimensional deviations between the target and actual condition of the parts in the delivery state, the usual manufacturing tolerances for 3D printing must be accepted (deviation tolerance of up to +/- 0.35 mm). No warranty is accepted for deviations due to the lack of supplied data quality.. Regarding the material properties, please refer to the specifications of the manufacturer of the 3D printing material.
BURMS manufactures the product without considering any intended uses communicated and/or proposed by the customer. BURMS is not responsible for any requirements, conditions of use, or physical properties of the product intended by the customer within its field of activity; these remain the sole responsibility of the customer.
(2) All other characteristics of the ordered product, intended and/or desired by the customer, are not subject to the contract for the production of the print order and the delivery of the product. In particular, its future usability, Certain requirements regarding use, load, and durability are not guaranteed by BURMS and are not part of the contract between the customer and BURMS. The customer receives a product from BURMS that always requires further processing or reworking, in particular adaptation to the requirements set by the customer (z.B. further looping). It is agreed that the delivered product represents a preliminary product for the purposes and uses desired by the customer and thus an essential component of a final product desired by the customer.
The customer is therefore also responsible for checking the product with his data and adapting it to the individual data he has set.
14. Prices
(1) Prices are ex works (excluding VAT), excluding freight, customs duties, export and import duties, and packaging. Unless otherwise agreed in writing, BURMS will ship ex works. Im Camisch 4, 07768 Kahla, Germany , (EXW), INCOTERMS 2020. The packaging of the goods will not be taken back.
(2) BURMS is not bound to previous prices for follow-up orders.
15. Delivery conditions
(1) The delivery period begins upon receipt of all documents and data required for order execution. Unless otherwise specified by the customer, the shipping route and method will be chosen at our discretion. Otherwise, the delivery and shipping conditions advertised by BURMS or agreed upon in individual cases apply.
(2) Even if freight-free delivery has been agreed, the risk is transferred to the customer at the latest when the goods leave the delivery plant. If dispatch is delayed due to the customer's actions, the risk is transferred to the customer upon notification of readiness for dispatch.
(3) If an agreed delivery deadline is not met due to BURMS's fault, the customer is entitled – unless BURMS acted with gross negligence and/or intent – to withdraw from the contract or demand compensation for the delay after expiration of a reasonable grace period. Further claims are excluded. The compensation for delay is limited to a maximum of 10% of thes order value of the delivery which has not been carried out in accordance with the contract.
(4) Partial deliveries from orders containing multiple products are permitted. BURMS reserves the right to deliver up to 10% more or less than the ordered quantities.
16. Terms of payment
(1) Unless otherwise agreed, the customer must pay the invoice amount without deduction within 30 days of the invoice date.
(2) The customer is only entitled to a possible statutory right of set-off in respect of undisputed, legally established or ready-for-decision claims.
(3) In the event of default on more than one obligation, BURMS may declare all claims due immediately.
17. Defects in delivery
(1) The quality and design of the products are determined by the respective information on the type of production and the manufacturing process provided to the customer upon order acceptance. The error tolerances for dimensional deviations of the manufactured product that exclude a warranty are the 3D printing usual and production-related deviation tolerance of maximum +/- 0.35 mm on at least 80% of the component surface (see III.1.). Any dimensional deviations caused by physical/chemical influences of the product used are not covered by the warranty. Representations and quality guarantees (z.B. for mechanical, chemical or thermal resistance) in particular with regard to the suitability of the purposes set by the customer, are not given by BURMS unless these are individually agreed in writing or in text form.
(2) Justified complaints about defects must be sent immediately, at the latest within 5 days of receipt of the delivery at the destination; otherwise, the product is deemed to have been accepted. The absence of such properties that were expressly guaranteed in writing is also considered a defect. Complaints about defects do not result in changes to the agreed payment terms. If a complaint about defects proves to be justified, BURMS will replace the goods free of charge by repair or replacement, or will credit the invoice amount or the reduced value. Further claims of the customer of any kind, in particular for compensation for lost profits or compensation for consequential damages, exist only within the framework of the provisions under 6 and 7 Part A.
(3) Rework may result in the loss of all claims for defects against BURMS if the defect becomes unrecognizable as a result. Wear and tear are not covered by the warranty.
(4) Recourse claims under Sections 478 and 479 of the German Civil Code (BGB) only exist if the consumer was justified in asserting the claim and only to the extent permitted by law.
18. Intellectual property rights
(1) BURMS manufactures the products according to the data provided by the customer. The customer guarantees that this does not infringe the intellectual property rights of third parties. The customer BURMS shall indemnify BURMS against any claims made by third parties. If BURMS is prohibited from manufacturing or delivering by a third party citing a proprietary right belonging to it, BURMS shall be entitled - without examining the legal situation - to discontinue work and demand reimbursement of the costs incurred.
(2) The data provided to BURMS will be stored solely for the purpose of manufacturing the product on behalf of the customer and will not be used for any other purpose. BURMS is entitled to retain this data for up to five years after the offer is submitted, but may also destroy it 12 months after the order has been manufactured.
(3) If BURMS retains the copyright and, where applicable, industrial property rights - to the products, these will be transferred in full to the customer after delivery to the customer and after full payment.
19. Data protection
For all information related to the handling of data, please refer to the separate privacy policy of BURMS. The privacy policy can be found on the BURMS homepage at Privacy Policy (www.burms.de/policies/privacy-policy) can be viewed.
Version 03_2025