{"id":4820,"date":"2026-11-12T13:49:06","date_gmt":"2026-11-12T12:49:06","guid":{"rendered":"https:\/\/mse-filterpressen.com\/?page_id=4820"},"modified":"2026-11-12T13:52:24","modified_gmt":"2026-11-12T12:52:24","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/mse-filterpressen.com\/en\/terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":" <div class=\"block block--text  margin-bottom--huge bg--white normal\" id=\"block_ca325f1ccfdcffcede0dbaa015ddfa30\" data-id=\"\">\r\n\r\n\r\n\t<div class=\"container container--tiny js-fade js-fade-headlines\">\r\n\r\n\t\t\r\n\t\t\r\n\t\t\t<h2 class=\"text--center\">\r\n\r\n\t\t\t\t\t\t\t\t\t<span class=\"headline-row\">\r\n\t\t\t\t\t\t<span class=\"js-0\">General<\/span> <span class=\"js-1\">Terms<\/span> <span class=\"js-2\">and<\/span> <span class=\"js-3\">Conditions<\/span> \t\t\t\t\t<\/span>\r\n\t\t\t\t\r\n\t\t\t<\/h2>\r\n\r\n\t\t\r\n\t\t<p style=\"margin-bottom: 1.5em;\">General Terms and Conditions of Sale, Delivery, Installation and Payment of MSE Filterpressen GmbH, Am Eisengraben 3, 75196 Remchingen, Germany. They apply to business customers and form part of our quotations and order confirmations.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>1. Scope and Order of Precedence<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">1.1 These General Terms and Conditions (the &#8220;Terms&#8221;) apply to all quotations, deliveries and services of MSE Filterpressen GmbH, Am Eisengraben 3, 75196 Remchingen, Germany (&#8220;MSE&#8221;) to businesses within the meaning of section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (the &#8220;Customer&#8221;). They cover filter presses, ancillary equipment, control systems, spare and wear parts, retrofits, rental and laboratory units, trials, and installation, commissioning, training, maintenance and repair services.<\/p>\n<p style=\"margin-bottom: 1.5em;\">1.2 The Terms also govern all future business with the Customer without any need to refer to them again.<\/p>\n<p style=\"margin-bottom: 1.5em;\">1.3 Terms and conditions of the Customer that deviate from, conflict with or supplement these Terms form part of the contract only if MSE has expressly agreed to them in writing. This applies even where MSE delivers or performs without reservation while aware of such terms.<\/p>\n<p style=\"margin-bottom: 1.5em;\">1.4 In the event of conflict, the following order of precedence applies: (1) a separate agreement signed by both parties; (2) MSE&#8217;s order confirmation; (3) MSE&#8217;s quotation including its attachments (dimension sheet, specification, media and consumption list); (4) these Terms.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>2. Quotation, Conclusion of Contract, Quotation Documents<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">2.1 MSE&#8217;s quotations are binding for the validity period stated in the quotation. Where no validity period is stated, quotations are subject to change without notice. After the validity period expires, MSE reserves the right to adjust prices.<\/p>\n<p style=\"margin-bottom: 1.5em;\">2.2 A contract is concluded upon MSE&#8217;s written order confirmation, or at the latest upon delivery. Orders, additions, changes and side agreements require MSE&#8217;s confirmation in text form.<\/p>\n<p style=\"margin-bottom: 1.5em;\">2.3 Information in catalogues, data sheets, presentations and on the website is non-binding unless expressly made part of the contract. Process values such as residual moisture, throughput, cycle time or filtrate quality are based on the process data provided by the Customer; they are design values, not guarantees (clause 10.8).<\/p>\n<p style=\"margin-bottom: 1.5em;\">2.4 Where MSE prepares documents beyond the quotation at the Customer&#8217;s request, such as sizing calculations, drawings, 3D models, cost-benefit analyses or trial reports, and no order follows, MSE may charge a reasonable fee for the work involved.<\/p>\n<p style=\"margin-bottom: 1.5em;\">2.5 Clause 13 (Intellectual Property, Confidentiality) applies to all documents.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>3. Scope of Supply, Customer-Supplied Items, Changes<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">3.1 The scope and characteristics of the supply are defined conclusively by the order confirmation and the quotation. Supplies and services not expressly listed are excluded and are provided by the Customer. This includes in particular foundations, platforms and site preparation; supply and discharge lines, utility piping and valves beyond the connection flanges of the filter press; cable routing between the control cabinet, drives and customer-supplied components; lifting gear and offloading; insulation; tools; plant control systems; overall plant engineering; the risk assessment of the overall plant; and the preparation of a filterable suspension.<\/p>\n<p style=\"margin-bottom: 1.5em;\">3.2 Design is based on the information available at the start of engineering. Once the Customer approves the design documents (dimension sheet, control description, definition of operating and discharge sides), those documents become the binding basis for manufacturing and procurement. The Customer returns the documents with its approval note within the period stated in the quotation or, failing that, within five working days of receipt. Late approvals extend the delivery time by at least the length of the delay.<\/p>\n<p style=\"margin-bottom: 1.5em;\">3.3 Information provided late, incompletely or after the fact, and change requests made after approval, constitute change work. Change work is charged on a time-and-materials basis or under a supplementary quotation and extends the delivery time accordingly. Every change is confirmed in text form before it is implemented.<\/p>\n<p style=\"margin-bottom: 1.5em;\">3.4 MSE may make technical changes that reflect technical progress or are required by its suppliers, provided the function, performance and interfaces of the equipment are not impaired.<\/p>\n<p style=\"margin-bottom: 1.5em;\">3.5 Partial deliveries and partial performance are permitted where reasonable for the Customer and may be invoiced separately.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>4. Prices<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">4.1 Unless the quotation states otherwise, prices are in euros, net, ex works Remchingen (EXW, Incoterms 2020), plus packaging, freight, insurance and statutory VAT.<\/p>\n<p style=\"margin-bottom: 1.5em;\">4.2 Taxes, customs duties, fees, withholding taxes and other charges arising outside the Federal Republic of Germany are borne by the Customer. Where such charges are levied on MSE, the Customer reimburses them within 14 days of receiving evidence.<\/p>\n<p style=\"margin-bottom: 1.5em;\">4.3 Unless quoted as a lump sum, installation, commissioning, training, maintenance and repair are charged according to MSE&#8217;s service price list in force at the time of performance (hourly, travel and subsistence rates, surcharges for overtime, night, Sunday and public holiday work). Waiting and downtime not attributable to MSE counts as working time.<\/p>\n<p style=\"margin-bottom: 1.5em;\">4.4 Prices are based on the material, energy and labour costs applicable when the quotation was issued. If more than four months lie between conclusion of the contract and the agreed delivery date, or if the delivery date is postponed by more than 60 days for reasons attributable to the Customer, MSE may adjust the price in line with the documented change in costs.<\/p>\n<p style=\"margin-bottom: 1.5em;\">4.5 No cash discounts or other deductions are granted.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>5. Payment, Security, Late Payment<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">5.1 Unless otherwise agreed, payment is due as follows: 30 % on receipt of the order confirmation and the down-payment invoice; 30 % at half the delivery time; 30 % on notification of readiness for dispatch, payable before delivery; 10 % after delivery, no later than 30 days after notification of readiness for dispatch. The delivery period does not start before the down payment has been received.<\/p>\n<p style=\"margin-bottom: 1.5em;\">5.2 Payment is made by bank transfer to the account stated on the invoice, free of charges for MSE. Payment by cheque or bill of exchange is excluded. Payment is deemed made when the funds are credited.<\/p>\n<p style=\"margin-bottom: 1.5em;\">5.3 In the event of late payment the Customer owes default interest at nine percentage points above the base rate of the German Bundesbank, plus the flat fee under section 288 (5) BGB. MSE reserves the right to claim further damages.<\/p>\n<p style=\"margin-bottom: 1.5em;\">5.4 If the Customer falls behind with a payment, or if circumstances come to light after the contract is concluded that materially impair the Customer&#8217;s creditworthiness, such as an application to open insolvency proceedings, an adverse credit report or a suspension of payments, MSE may make outstanding deliveries and services conditional on advance payment or security, suspend manufacturing and, after a reasonable grace period has expired without result, withdraw from the contract. In that event all claims arising from the business relationship become due immediately.<\/p>\n<p style=\"margin-bottom: 1.5em;\">5.5 For instalments falling due after delivery, MSE may require a bank guarantee from a credit institution licensed in the European Union; alternatively, MSE may withhold delivery until payment has been received.<\/p>\n<p style=\"margin-bottom: 1.5em;\">5.6 Incoming payments are applied first to costs, then to interest and finally to the principal; where several claims exist, to the oldest first.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>6. Delivery Time, Late Delivery, Force Majeure<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">6.1 Delivery periods and dates are binding only if MSE designates them as binding in the order confirmation. They begin on the latest of the following events: receipt of the order confirmation; full technical and commercial clarification; receipt of the down payment; and receipt of all documents, approvals, permits and customer-supplied items the Customer is required to provide. The delivery period is met if MSE has notified readiness for dispatch before it expires.<\/p>\n<p style=\"margin-bottom: 1.5em;\">6.2 Compliance with the delivery period is subject to MSE receiving correct and timely supplies from its own suppliers, provided MSE has concluded a matching covering purchase and is not responsible for the failure of supply. MSE will inform the Customer without delay and refund any consideration already received if performance becomes permanently impossible.<\/p>\n<p style=\"margin-bottom: 1.5em;\">6.3 Force majeure and other impediments beyond MSE&#8217;s control, including war, terrorism, pandemic, epidemic, governmental action, embargo, sanctions, refused or delayed export licences, strike, lockout, shortages of energy or raw materials, operational disruptions, cyberattacks, transport disruptions and failure of suppliers, extend the delivery period by the duration of the impediment plus a reasonable restart period. If the impediment lasts longer than six months, either party may withdraw from the contract in respect of the unperformed part; no claims for damages arise in that case. Performance already rendered is invoiced.<\/p>\n<p style=\"margin-bottom: 1.5em;\">6.4 If MSE is in default with a delivery confirmed as binding, compensation for loss caused by the delay is limited to 5 % of the net value of that part of the delivery which cannot be put to use on time as a result of the delay. The Customer must prove the loss; no liquidated damages or contractual penalty are agreed. Further claims arising from delay are excluded except in cases of intent or gross negligence. The Customer&#8217;s right to withdraw from the contract after a reasonable grace period set in text form has expired without result remains unaffected.<\/p>\n<p style=\"margin-bottom: 1.5em;\">6.5 Subsequent changes or additions to the subject matter of the contract extend the delivery time accordingly (clause 3.3).<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>7. Shipment, Transfer of Risk, Default of Acceptance<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">7.1 Unless otherwise agreed, delivery is EXW Remchingen (Incoterms 2020). Packaging is to standard commercial practice; special packaging, transport insurance and preservation for overseas shipment are provided at the Customer&#8217;s request and expense.<\/p>\n<p style=\"margin-bottom: 1.5em;\">7.2 Risk of accidental loss or deterioration passes to the Customer when the goods are handed over to the carrier, or at the latest when they leave MSE&#8217;s works; this also applies to carriage-paid and partial deliveries. Where MSE has agreed to carry out installation, risk in the installed parts passes on acceptance or, at the latest, on commissioning; for parts already stored at site, the Customer bears the risk from delivery to site.<\/p>\n<p style=\"margin-bottom: 1.5em;\">7.3 If shipment is delayed for reasons attributable to the Customer or at the Customer&#8217;s request, risk passes to the Customer on notification of readiness for dispatch. From the beginning of the month following that notification, MSE may charge storage costs of 0.5 % of the net value of the affected delivery for each month or part thereof, up to a maximum of 5 %; MSE reserves the right to prove higher costs. After a reasonable grace period has expired without result, MSE may dispose of the goods otherwise and supply the Customer within a reasonably extended period, or withdraw from the contract and claim damages.<\/p>\n<p style=\"margin-bottom: 1.5em;\">7.4 Visible transport damage must be recorded on the consignment note on delivery and reported to MSE in text form within two working days.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>8. Installation and Commissioning, Customer&#8217;s Obligations<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">8.1 MSE owes installation, commissioning and training only where the quotation expressly includes them. They are carried out on the basis of the operating manual and the approved documents.<\/p>\n<p style=\"margin-bottom: 1.5em;\">8.2 Unless otherwise agreed, the Customer provides the following at its own expense and risk, in good time before work begins: (a) foundations, platforms, openings, access routes and a level, load-bearing and cleared installation site in accordance with the dimension sheet; (b) lifting gear and transport equipment for offloading and moving in, including operators; (c) dry, frost-free and lockable storage for the delivered parts, and rest rooms and sanitary facilities for MSE personnel; (d) supply and discharge lines, utility connections (electricity, oil-free dry compressed air, water), piping and cabling up to the connection points of the filter press; (e) the suspension required for commissioning and the performance test, in a filterable condition that meets the specification and in sufficient quantity, together with all consumables, chemicals and utilities; (f) an adequate number of helpers working under the direction of MSE personnel, plus scaffolding, lighting, heating and ventilation; (g) all permits, access arrangements, safety briefings and protective measures at site, in particular in hazardous (explosive) areas and when handling hazardous substances; (h) on request, evidence of suitable accommodation near the site.<\/p>\n<p style=\"margin-bottom: 1.5em;\">8.3 If the Customer fails to provide these items on time, MSE may, after giving notice, provide them itself or through third parties at the Customer&#8217;s expense. Waiting time, additional journeys and additional work are charged according to the service price list, and dates are postponed accordingly.<\/p>\n<p style=\"margin-bottom: 1.5em;\">8.4 MSE personnel are not authorised to carry out work outside the order; such work requires a separate order. During installation, MSE directs the Customer&#8217;s helpers in technical matters; employer obligations and liability for those helpers remain with the Customer.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>9. Acceptance<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">9.1 Where installation or commissioning by MSE has been agreed, the Customer accepts the work without undue delay after completion. An acceptance report is drawn up and signed by the Customer or a person authorised by the Customer; reservations regarding visible defects are recorded in it.<\/p>\n<p style=\"margin-bottom: 1.5em;\">9.2 Minor defects that do not impair function or safety do not entitle the Customer to refuse acceptance; they are noted in the report and remedied by MSE.<\/p>\n<p style=\"margin-bottom: 1.5em;\">9.3 Where a performance test has been agreed, it is carried out under the conditions defined in the quotation or specification (suspension data, operating point, measurement methods). If the suspension provided deviates from the design data, or if the Customer fails to meet the requirements of clause 8.2, the performance test is deemed passed provided the equipment is mechanically and functionally operational, including its control system.<\/p>\n<p style=\"margin-bottom: 1.5em;\">9.4 Acceptance is deemed to have taken place if the Customer (a) fails to accept within 14 days of a request in text form without naming a material defect, (b) uses the equipment for production, or (c) fails to establish the conditions for installation, commissioning or the performance test within three months of notification of readiness for dispatch.<\/p>\n<p style=\"margin-bottom: 1.5em;\">9.5 Where installation by MSE has not been agreed, delivery takes the place of acceptance and clause 10.2 applies.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>10. Warranty<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">10.1 MSE warrants against defects in accordance with the following provisions. The warranty period is twelve months from notification of readiness for dispatch, irrespective of the date of delivery, installation, acceptance or commissioning. For spare parts, repairs and retrofits, the warranty period is twelve months from delivery or completion. For parts supplied under this warranty, the warranty ends with the original period.<\/p>\n<p style=\"margin-bottom: 1.5em;\">10.2 The Customer inspects the delivery without undue delay on receipt. Visible defects, shortfalls and incorrect deliveries must be reported within ten working days of receipt, and hidden defects without undue delay and in any event within ten working days of discovery, in text form, quoting the machine and serial numbers. If no such notice is given, the delivery is deemed approved in that respect (section 377 of the German Commercial Code, HGB).<\/p>\n<p style=\"margin-bottom: 1.5em;\">10.3 Where a notice of defect is justified, MSE will, at its option, remedy the defect or supply a replacement. MSE must be given reasonable time and opportunity to do so; replaced parts become MSE&#8217;s property. If the remedy fails after two attempts or is unreasonable, the Customer may reduce the price or, in the case of material defects, withdraw from the contract. Claims for damages are governed by clause 11.<\/p>\n<p style=\"margin-bottom: 1.5em;\">10.4 MSE bears the cost of the remedy, except for additional costs arising because the equipment is located somewhere other than the agreed installation site. For installation sites outside the Federal Republic of Germany, the Customer bears the travel costs and travel time of MSE personnel to the extent they exceed the cost of a remedy within Germany.<\/p>\n<p style=\"margin-bottom: 1.5em;\">10.5 If a notice of defect proves unjustified, the Customer reimburses the cost of inspection and travel according to the service price list, unless the Customer could not have recognised that the notice was unjustified.<\/p>\n<p style=\"margin-bottom: 1.5em;\">10.6 No warranty is given for (a) natural wear and wear parts to the extent the failure is due to wear; wear parts include in particular filter cloths, gaskets, membranes, scrapers, rollers, bearings, hoses, pump wear parts, lamps, batteries and fuses; material and manufacturing defects in wear parts remain covered; (b) damage caused by improper operation, installation or commissioning by the Customer or third parties, by maintenance and care that was omitted or not carried out in accordance with the operating manual, by operation with media, concentrations, temperatures or pressures other than those agreed, by unsuitable consumables, or by chemical or abrasive effects outside the specification; (c) modifications, interventions in the control system or software, and the installation of parts not approved by MSE; (d) used machines and parts, unless expressly agreed otherwise; (e) components supplied or specified by the Customer.<\/p>\n<p style=\"margin-bottom: 1.5em;\">10.7 The warranty is conditional on the Customer operating the equipment in accordance with the operating manual, having the prescribed maintenance carried out by qualified personnel, and keeping a maintenance log. The maintenance schedule assumes single-shift operation (8 hours a day, 5 days a week); at higher utilisation the intervals shorten accordingly. The Customer presents the maintenance log on request.<\/p>\n<p style=\"margin-bottom: 1.5em;\">10.8 Process performance figures such as residual moisture, throughput, cycle time, wash efficiency or filtrate quality are design values based on the process data and samples provided by the Customer. They constitute a guaranteed characteristic only where MSE expressly designates them as a performance guarantee in the quotation and defines the test conditions. Deviations of the medium, pre-treatment or operating mode from the design data are at the Customer&#8217;s risk.<\/p>\n<p style=\"margin-bottom: 1.5em;\">10.9 Claims for defects become time-barred twelve months after the date referred to in clause 10.1. The statutory limitation periods apply in cases of intent, fraudulent concealment, an assumed guarantee, claims under the German Product Liability Act, and injury to life, body or health.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>11. Liability<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">11.1 MSE&#8217;s liability is unlimited for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, to the extent of a guarantee it has given, and under the German Product Liability Act.<\/p>\n<p style=\"margin-bottom: 1.5em;\">11.2 For slightly negligent breach of a material contractual obligation, meaning an obligation whose performance is essential to the proper execution of the contract and on whose fulfilment the Customer regularly relies, liability is limited to the loss typical for this type of contract and foreseeable at the time the contract was concluded. Otherwise, liability for slight negligence is excluded.<\/p>\n<p style=\"margin-bottom: 1.5em;\">11.3 In the cases covered by clause 11.2, MSE is not liable for indirect or consequential loss, in particular loss of production, loss of use, downtime costs, loss of material, loss of profit, contractual penalties owed by the Customer to third parties, loss of data, and the cost of substitute procurement.<\/p>\n<p style=\"margin-bottom: 1.5em;\">11.4 In the cases covered by clause 11.2, MSE&#8217;s total liability per order is limited to the net order value; for service, maintenance and repair work, to the net value of the service concerned.<\/p>\n<p style=\"margin-bottom: 1.5em;\">11.5 The above limitations also apply to the personal liability of MSE&#8217;s legal representatives, employees and agents, and to claims in tort. Claims under clause 11.2 become time-barred twelve months after the date referred to in clause 10.1, unless clause 11.1 applies.<\/p>\n<p style=\"margin-bottom: 1.5em;\">11.6 The Customer indemnifies MSE against third-party claims arising from the Customer&#8217;s specifications, supplied items or documents, in particular claims for infringement of third-party intellectual property rights.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>12. Retention of Title<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">12.1 MSE retains title to all delivered goods until all claims arising from the business relationship with the Customer, including future and conditional claims and any current-account balance, have been paid in full (&#8220;Reserved Goods&#8221;).<\/p>\n<p style=\"margin-bottom: 1.5em;\">12.2 The Customer handles the Reserved Goods with care, insures them at its own expense at replacement value against fire, water, theft and machinery breakdown, and hereby assigns its claims under that insurance to MSE. The Customer notifies MSE without delay of any seizure, attachment or other third-party action affecting the Reserved Goods and provides the documents required to intervene.<\/p>\n<p style=\"margin-bottom: 1.5em;\">12.3 Any processing, combination or mixing of the Reserved Goods is carried out on behalf of MSE as manufacturer within the meaning of section 950 BGB, without creating any obligations for MSE. Where the Reserved Goods are combined or mixed with items not belonging to MSE, MSE acquires co-ownership in the proportion of the invoice value of the Reserved Goods to the value of the other items. If the Reserved Goods become an essential component of land or a plant belonging to the Customer, the Customer grants MSE a corresponding co-ownership share by way of security or assigns the resulting claims.<\/p>\n<p style=\"margin-bottom: 1.5em;\">12.4 The Customer may resell the Reserved Goods in the ordinary course of business provided it is not in default of payment; pledging and transfer by way of security are prohibited. The Customer hereby assigns to MSE its claims from any resale up to the invoice value of the Reserved Goods, and MSE accepts the assignment. The Customer remains authorised to collect the claims, subject to revocation. MSE will not collect the claims itself as long as the Customer meets its payment obligations and no application to open insolvency proceedings has been filed; otherwise the Customer names the debtors, notifies them of the assignment and hands over all relevant documents.<\/p>\n<p style=\"margin-bottom: 1.5em;\">12.5 If the Customer acts in breach of contract, in particular by defaulting on payment, MSE may withdraw from the contract after a reasonable grace period has expired without result and demand the return of the Reserved Goods; the Customer grants access for this purpose and bears the cost of repossession. Repossession constitutes withdrawal from the contract only if MSE expressly declares so.<\/p>\n<p style=\"margin-bottom: 1.5em;\">12.6 At the Customer&#8217;s request, MSE releases security to the extent that its realisable value exceeds the secured claims by more than 10 %; MSE selects the security to be released.<\/p>\n<p style=\"margin-bottom: 1.5em;\">12.7 Where retention of title is not effective, or only partially effective, under the law of the destination country, the Customer cooperates in all measures, such as registration or formal requirements, needed to establish an equivalent security interest.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>13. Intellectual Property, Confidentiality, Documents and 3D Data<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">13.1 All documents MSE provides to the Customer, including quotations, sizing calculations, dimension sheets, drawings, 2D and 3D models (for example in STEP or DXF format), specifications, media and consumption lists, calculations, trial reports, wiring diagrams, software, operating manuals and photographs, remain MSE&#8217;s intellectual property. The Customer receives a non-exclusive, non-transferable right to use them solely for planning, installing, operating and maintaining the delivered equipment.<\/p>\n<p style=\"margin-bottom: 1.5em;\">13.2 The Customer may not use the documents to replicate or modify the equipment or to procure comparable machines or parts from third parties, may copy them only to the extent required for the purpose stated in clause 13.1, and may not disclose them to third parties. Disclosure to planners, plant engineering contractors and authorities is permitted where required for planning and permitting the installation, provided the recipients are bound by confidentiality.<\/p>\n<p style=\"margin-bottom: 1.5em;\">13.3 Each party treats all non-public technical and commercial information of the other party as confidential, uses it only to perform the contract and protects it by appropriate measures. This obligation continues for five years after the contract ends and, for design data, software and prices, indefinitely. If no order is placed, documents provided are returned or deleted on request.<\/p>\n<p style=\"margin-bottom: 1.5em;\">13.4 Markings, type plates, serial numbers and manufacturer&#8217;s notices on the equipment may not be removed or altered.<\/p>\n<p style=\"margin-bottom: 1.5em;\">13.5 Designs, processes, inventions, software and know-how created by MSE in performing the contract belong to MSE, even where they are based on suggestions or data from the Customer; the Customer holds the right of use under clause 13.1. Where the work is based on the Customer&#8217;s specifications, clause 11.6 applies.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>14. Software, Control System, Machine Data and Remote Access<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">14.1 For the software supplied with the equipment, including control and visualisation software, process logic, parameter sets and firmware, the Customer receives a non-exclusive, non-transferable, perpetual right of use for operating the equipment concerned. Source code is not owed. Modification, decompilation, reverse engineering, transfer to other machines and disclosure to third parties are prohibited except where mandatory law provides otherwise.<\/p>\n<p style=\"margin-bottom: 1.5em;\">14.2 The Customer may change parameters only within the released operator area. Interventions in the program, safety functions or hardware of the control system without MSE&#8217;s approval void MSE&#8217;s warranty and liability to that extent and may invalidate the machine&#8217;s conformity.<\/p>\n<p style=\"margin-bottom: 1.5em;\">14.3 Software updates, functional extensions and adaptations to changed process conditions are chargeable unless they serve to remedy a defect.<\/p>\n<p style=\"margin-bottom: 1.5em;\">14.4 MSE may collect and store operating, condition and process data of the equipment, such as cycles, pressures, times, alarms and wear indicators, and use them in anonymised or pseudonymised form for diagnostics, remote maintenance, product improvement, development and statistical analysis. The Customer&#8217;s trade secrets, such as recipes, product names and customer data, are not collected or not disclosed. The Customer&#8217;s raw data remain its property.<\/p>\n<p style=\"margin-bottom: 1.5em;\">14.5 Remote access for diagnostics and maintenance takes place only over the secure connection provided by MSE and with the Customer&#8217;s approval for each session. The Customer is responsible for the security of its network, the integration of the control system and data backup. During remote access the Customer remains responsible for supervising the equipment on site.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>15. Export Control, Sanctions, End Use<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">15.1 MSE&#8217;s performance is subject to there being no impediment under national, European Union or United States export control, sanctions or customs regulations, and to any required licences being granted. Delays caused by licensing procedures extend the delivery time and do not constitute default.<\/p>\n<p style=\"margin-bottom: 1.5em;\">15.2 On request, the Customer informs MSE of the end customer, destination country and intended use and provides any end-use certificates and documents required. The Customer undertakes not to use, transfer or move the equipment in breach of applicable export control or sanctions regulations and to impose the same obligations on any transferee.<\/p>\n<p style=\"margin-bottom: 1.5em;\">15.3 If a licence is finally refused or a sanctions prohibition takes effect, MSE may withdraw from the contract; the Customer has no claims arising from this. Performance already rendered is invoiced.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>16. Rental Units, Laboratory Units, Trials<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">16.1 Rental and loan units, including mobile filter presses and laboratory filter presses, remain MSE&#8217;s property. The Customer may use them only at the agreed location and for the agreed purpose, bears the risk of loss and damage from handover until return, keeps them in good condition and returns them cleaned, emptied, decontaminated and in the condition consistent with use in accordance with the contract. Cleaning, repair and replacement of missing parts are charged on a time-and-materials basis. The rental period and return deadline are as stated in the quotation.<\/p>\n<p style=\"margin-bottom: 1.5em;\">16.2 Filtration trials at MSE&#8217;s test centre or at the Customer&#8217;s site are carried out with the samples and information the Customer provides. The Customer ensures that the samples are representative, discloses hazardous properties together with the safety data sheet, and bears the cost of return shipment or proper disposal. Trial results are a snapshot and no assurance that they can be transferred to production scale; clause 10.8 applies accordingly.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>17. Set-off, Right of Retention<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">17.1 The Customer may set off only undisputed counterclaims or counterclaims established by a final court decision. The Customer has a right of retention only where it arises from the same contractual relationship and the counterclaim is undisputed or has been established by a final court decision.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>18. Data Protection<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">18.1 MSE processes personal data of the Customer&#8217;s contact persons for the purpose of performing the contract, customer support, documentation and compliance with statutory obligations in accordance with the General Data Protection Regulation. Details are set out in MSE&#8217;s privacy notice at mse-filterpressen.com\/en\/privacy.<\/p>\n<p style=\"margin-bottom: 0.5em;\">&nbsp;<\/p>\n<h4><strong>19. Governing Law, Jurisdiction, Form, Final Provisions<\/strong><\/h4>\n<p style=\"margin-bottom: 1.5em;\">19.1 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law.<\/p>\n<p style=\"margin-bottom: 1.5em;\">19.2 The place of performance for delivery and payment is Remchingen. The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is MSE&#8217;s registered office; MSE may also bring an action against the Customer at the Customer&#8217;s general place of jurisdiction.<\/p>\n<p style=\"margin-bottom: 1.5em;\">19.3 Amendments and additions to the contract require text form (section 126b BGB); e-mail is sufficient. This also applies to any waiver of this clause. Individual agreements take precedence.<\/p>\n<p style=\"margin-bottom: 1.5em;\">19.4 Should any provision be or become invalid, the validity of the remaining provisions is unaffected. The statutory provision takes the place of the invalid provision.<\/p>\n<p style=\"margin-bottom: 1.5em;\">19.5 These Terms are available in German and English. In the event of discrepancies, the German version prevails.<\/p>\n<p><em>Version: November 2026<\/em><\/p>\n\r\n\r\n\t\t\r\n\t<\/div>\r\n\r\n<\/div>","protected":false},"excerpt":{"rendered":"","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-4820","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.8 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>General Terms and Conditions | MSE<\/title>\n<meta name=\"description\" content=\"MSE Filterpressen GmbH General Terms and Conditions: sale, delivery, installation and payment for filter presses and service \u2013 read online or download PDF.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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