General Terms and Conditions (GTC)
of Alphatec Service GmbH
1. Scope of Application
These Terms and Conditions apply to all contracts for services such as maintenance, repair, commissioning, and the supply of spare parts concluded between Alphatec Service GmbH and commercial customers (Section 14 of the German Civil Code – BGB).
2. Conclusion of Contract
A contract is concluded through written acceptance of a quotation, written order confirmation, or by actual performance of the service.
3. Services
The type and scope of the services are defined in the respective quotation or written order confirmation. Any changes or additions require written form.
4. Prices and Payment Terms
All prices are net prices and subject to the applicable statutory VAT.
Invoices are payable within 30 days from the invoice date without deductions, unless otherwise agreed.
In the event of default of payment, we reserve the right to charge statutory default interest (Section 288 BGB).
Invoices are payable within 30 days from the invoice date without deductions, unless otherwise agreed.
In the event of default of payment, we reserve the right to charge statutory default interest (Section 288 BGB).
5. Delivery of Spare Parts
Deliveries are made ex warehouse at the customer’s expense and risk.
Delivery dates are only binding if confirmed in writing.
Partial deliveries are permitted.
Delivery dates are only binding if confirmed in writing.
Partial deliveries are permitted.
6. Retention of Title
Delivered spare parts remain the property of the contractor until full payment has been received.
7. Warranty
For service work, the statutory warranty rights under German contract-for-work law (Sections 633 et seq. BGB) apply.
For delivered spare parts, the warranty period is 12 months from the date of delivery.
For delivered spare parts, the warranty period is 12 months from the date of delivery.
8. Liability
The contractor is liable without limitation in accordance with statutory provisions for damages resulting from intent or gross negligence, as well as for damages arising from injury to life, body, or health.
For damages caused by simple negligence, the contractor is liable only for breaches of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the type of damages that can typically be expected to occur.
For damages caused by simple negligence, the contractor is liable only for breaches of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the type of damages that can typically be expected to occur.
If damages result from negligent or unlawful actions by the contractor, its employees, or subcontractors in connection with the performance of the contract, and none of the above cases apply, the following limits apply:
- Maximum liability per damage event: EUR 1,000.00
- Maximum total liability per contractual relationship: EUR 5,000.00
Liability for loss of profit, production downtime, indirect damages, or consequential damages is excluded unless caused by intent or gross negligence.
Liability ends upon expiry of the warranty period applicable to the part of the service that caused the damage.
Liability ends upon expiry of the warranty period applicable to the part of the service that caused the damage.
The customer is obliged to take all reasonable measures to mitigate damages. If the customer fails to do so, the contractor may reduce the compensation accordingly.
9. Data Protection
Personal data is used exclusively for the purpose of fulfilling the contractual relationship. For further details, please refer to our Privacy Policy.
10. Place of Jurisdiction and Applicable Law
The applicable law is the law of the Federal Republic of Germany.
The exclusive place of jurisdiction is Karlsruhe, Germany.
The exclusive place of jurisdiction is Karlsruhe, Germany.
11. Severability Clause
If any individual provision of these Terms and Conditions should be or become invalid, the validity of the remaining provisions shall remain unaffected.
Effective Date: November 13, 2025