1. Scope
These General Terms and Conditions apply to all deliveries, services, development work, support services, and other services provided by ProCon Automatic Systems GmbH to business customers, legal entities under public law, and special funds under public law.
Conflicting customer terms shall not apply unless expressly agreed to in writing.
2. Services
ProCon Automatic Systems GmbH provides services particularly in the fields of:
• Automation and control technology
• Software development and programming
• Special machine construction
• Project planning and commissioning
• Technical support and remote maintenance
• Engineering and consulting services
Services may be performed on site, remotely, or at the premises of ProCon Automatic Systems GmbH.
3. Compensation
The hourly rates and prices valid at the time-of-service provision shall apply.
• All prices are net prices plus applicable statutory VAT.
• Travel and transit times are considered working time and will be charged accordingly.
• Services performed on Saturdays, Sundays, or public holidays may be subject to additional charges.
4. Travel Expenses
Travel expenses, accommodation costs, allowances, and other travel-related expenses shall be charged separately unless otherwise agreed.
International travel shall be charged based on actual incurred costs.
5. Offers and Estimates
Offers, estimates, and time schedules are non-binding unless expressly designated as binding in writing.
Final compensation depends on the actual scope of services provided.
6. Customer Obligations
The customer shall provide all information, documentation, access, and contact persons required for the performance of services in a timely manner.
Delays or additional expenses caused by insufficient customer cooperation may be charged separately.
7. Work Results and Rights of Use
All work results may only be used by the customer for the contractually agreed purpose.
Ideas, concepts, know-how, methods, software modules, libraries, technical solutions, and experience of ProCon Automatic Systems GmbH remain the property of ProCon Automatic Systems GmbH.
Any transfer or reproduction of documents, software, source code, or technical information to third parties requires prior written approval.
8. Confidentiality
Both parties undertake to treat confidential information and documents of the other party confidentially and not disclose them to unauthorized third parties.
9. Liability
ProCon Automatic Systems GmbH shall be liable in accordance with statutory provisions for damage caused by intent or gross negligence as well as for injury to life, body, or health.
In cases of ordinary negligence, liability shall exist only for breach of essential contractual obligations and shall be limited to foreseeable typical damages.
Liability for data loss, production downtime, loss of profit, or other indirect consequential damages is excluded to the extent legally permissible.
The customer is responsible for maintaining adequate data backups.
10. Payment Terms
Invoices are payable within 14 days from the invoice date without deduction unless otherwise agreed in writing.
ProCon Automatic Systems GmbH reserves the right to require advance payments, partial payments, interim invoices, or monthly progress invoices for projects.
In the event of delayed payment, ProCon Automatic Systems GmbH shall be entitled to suspend further services, deliveries, remote support, or technical assistance until all outstanding amounts have been fully settled.
Rights of use, delivery of source code, software, documentation, or project-related materials shall only be granted after full payment of all outstanding claims unless otherwise agreed in writing.
Set-off or retention rights are permitted only insofar as counterclaims have been legally established or are undisputed.
11. Data Protection
Personal data shall be processed in compliance with applicable data protection regulations.
Further information is available in the Privacy Policy on our website:
12. Final Provisions
The laws of the Federal Republic of Germany shall apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods.
Place of jurisdiction, where legally permissible, shall be the registered office of ProCon Automatic Systems GmbH.
Should individual provisions of these General Terms and Conditions become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.