Last updated: June 2025
1.1 These General Terms and Conditions (“GTC”) govern the sale of goods and services by excav UG (limited liability), Christian-Ernst-Straße 32, 91052 Erlangen, Germany (hereinafter “excav”) to businesses (“Customers”). excav does not recognize any conflicting or deviating terms and conditions of the Customer unless excav has expressly agreed to their validity in writing. excav concludes contracts exclusively in German and English. Sales to private consumers are excluded.
1.2 An entrepreneur within the meaning of these GTC (“Entrepreneur”) is any natural or legal person or partnership with legal capacity who, when purchasing goods or services, acts in the exercise of their commercial or independent professional activity (Section 14 of the German Civil Code).
2.1 The customer’s contractual partner is excav. The presentation of the products in the website’s online catalog merely constitutes an invitation to submit an offer to purchase goods. The customer submits a binding offer by submitting an offer to purchase in writing or by telephone.
2.2. excav confirms receipt of the order for the purchase of goods by email. This email also contains the General Terms and Conditions and information on the right of withdrawal. A purchase contract is not yet concluded.
2.3. The purchase contract is only concluded when excav expressly accepts the offer (“Acceptance”), e.g., by email, but no later than upon shipment of the goods. The customer will be informed of the shipment of the goods by a separate email.
2.4. excav does not accept orders from customers who are under 18 years of age. If the customer is under 18 years of age, they may only place orders together with their parents or a legal guardian.
2.5 The payment deadline is 14 days from the date of conclusion of the purchase contract.
3.1 excav prices are ex-works, including packaging and shipping costs, plus the applicable statutory value-added tax (VAT) at the time of the order.
3.2 Acceptable payment methods are invoice and prepayment and will be specified during the purchase process. Purchase on account is possible upon request.
3.3 In the event of a negative credit check, excav reserves the right to process the order only using the payment methods suggested by us. The customer will be informed of this decision immediately.
3.4 If the excav Care Pro subscription model is purchased, the fee is payable once at the beginning of the term for one year and subsequently annually on the first of the corresponding month for one year. The excav Care Pro subscription model can be canceled annually with 14 days’ notice. Purchase on account is accepted as a payment method.
4.1 For the time being (as of June 2025), goods will only be shipped to addresses within Germany and Austria.
4.2 Delivery will be made within the delivery time specified during the purchase process, but no later than 90 days after receipt of the order confirmation.
4.3 If delivery is temporarily delayed due to force majeure or other events unforeseeable at the time of conclusion of the contract (operational disruptions of any kind, even if these occur at third parties commissioned by excav or their contractors; material shortages, etc.), the delivery period will be extended accordingly. If such events lead to a delay in delivery of more than four months, the customer is entitled to withdraw from the contract. Other customer rights of withdrawal remain unaffected.
4.4 In the event of a repair within the scope of the excav Care Pro subscription model, excav maintains the usual quantities of spare parts in stock, but does not guarantee availability. In the event of a shortage of spare parts, the time until the replacement element is dispatched or repaired may be extended. If excav is unable to ship a replacement part within 48 hours of the repair notification, the customer is entitled to a refund of the annual fee for the excav Care Pro subscription model.
5.1 The delivered goods remain the property of excav until full payment has been made. excav retains ownership of the purchased goods until all claims against the customer have been settled in full.
5.2 The following applies to the resale of goods by entrepreneurs: The customer is entitled to resell the goods in the ordinary course of business. However, the customer hereby assigns to excav all claims against its customers or third parties arising from or in connection with the resale up to the total final amount (including VAT) of excav’s claims. The customer must immediately notify the affected customers and third parties of the assignment. The customer remains entitled to collect the assigned claims even after the assignment. excav’s right to collect these claims itself remains unaffected. excav undertakes not to exercise this right as long as the customer meets its payment obligations from the collected proceeds, no payment arrears occur, and in particular, the customer does not become insolvent and does not cease payments. In such cases, the Customer undertakes to inform excav of the assigned claims and the respective debtors, to obtain all details necessary for collection, and to hand over all relevant documentation.
5.3 excav undertakes to release the securities to which excav is entitled at the Customer’s request, provided their realizable value exceeds the claims to be secured by more than 10%. excav reserves the right to select the securities to be released.
6.1 The following applies to companies: excav is entitled to withdraw from the contract if excav itself is not supplied with the goods or services despite an existing purchase agreement. excav will immediately inform the customer of the failure to receive the goods or services and, in the event of withdrawal, will immediately reimburse any consideration already received.
6.2 Other rights of withdrawal, in particular statutory rights, remain unaffected.
7.1. Due to a breach of duty by excav that does not involve the delivery of defective goods, the customer may only withdraw from or terminate the contract if excav is responsible for the breach. The customer’s right of free termination (in particular pursuant to Sections 648 and 650 of the German Civil Code) is excluded.
7.2. If excav defaults on the shipment of the goods owed by it, the customer shall only be entitled to withdraw from the contract if the customer has previously granted excav a reasonable grace period for shipment without success.
8.1 In the event of defects in the delivered goods, the customer is entitled to the statutory warranty rights, subject to the following clauses. Guarantees in the legal sense require an express agreement. The customer may only claim compensation for a defect in accordance with clause 10.
8.2 In commercial transactions with entrepreneurs, Section 377 of the German Commercial Code (HGB) applies. excav is also entitled, at its discretion – to be made within a reasonable period of time – to repair the goods or deliver new goods. This shall not apply if the customer proves that, in exceptional circumstances, repair is unreasonable.
8.3 If the customer modifies the goods or has them modified by third parties without excav’s consent, and if this makes the rectification of the defect impossible or unreasonably difficult, the customer shall bear the additional costs incurred by the modification.
8.4 Furthermore, wear and tear or damage resulting from previous wear and tear shall not constitute a material defect. Furthermore, damages that are causally related to the fact that
(1) the goods were incorrectly put into operation by the customer or third parties or were incorrectly assembled or installed (in particular not in accordance with any operating, assembly, or installation instructions); or
(2) the goods were used incorrectly, improperly, or excessively; or
(3) the goods were not adequately maintained and serviced; or
(4) incorrect (in particular incompatible or unintended) spare parts were installed or attachments were attached; or
(5) unsuitable operating materials were used or the goods were exposed to damaging (e.g., physical, chemical, or electrical) influences; or
(6) previous defects or damage were not reported to excav in a timely manner shall not constitute a material defect.
8.5 The period for asserting warranty claims is one year from delivery, unless excav fraudulently concealed the defect or there is a case of supplier recourse pursuant to Section 478 of the German Civil Code (BGB). Beyond this statutory one-year warranty period, excav provides an additional one-year warranty. This warranty includes all original warranty rights.
9.1 In the event of simple negligence, excav is only liable for the breach of a material contractual obligation. A material contractual obligation in this sense is an obligation whose fulfillment makes the achievement of the purpose pursued by the conclusion of the contract possible in the first place and on whose fulfillment the customer can therefore regularly rely.
9.2 In the event of simple negligence, excav’s liability is limited to damages foreseeable at the time of conclusion of the contract and typical for the contract.
9.3 Furthermore, excav is not liable for damages resulting from inaccuracies in the GNSS- and IMU-based sensor technology and the resulting control recommendations for the construction machine operator when using excav PILOT.
9.4 The above exclusions and limitations of liability do not apply to liability in the event of injury to life, body, or health, fraudulent concealment of a defect, the assumption of a guarantee, or claims under the Product Liability Act.
9.5 To the extent that excav’s liability is excluded or limited, this shall also apply to the personal liability of excav’s employees, workers, staff, representatives and vicarious agents.
The entire content of the website, including text, graphics, photos, illustrations, and software, is the property of excav. This content is protected by copyright and other intellectual property rights. Reproduction, editing, storage, or other processing is prohibited. All trademarks used on the website are – unless otherwise stated – the property of excav. Any use or exploitation of the trademarks in any form is prohibited without the consent of excav.
The protection of the personal data of customers who provide this information to excav within the scope of the business relationship is very important to excav. excav will only process this data in accordance with the data protection regulations (see the Legal Notice under Privacy Policy).
If goods are delivered with obvious transport damage, a complaint should be made immediately to the delivery agent and contacted excav. Section 377 of the German Commercial Code (HGB) applies.
13.1 This contract is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 The place of jurisdiction for all disputes arising from this contract shall be the registered office of excav. However, excav is also entitled to sue the customer at their place of business. The same applies if the customer does not have a general place of jurisdiction within Germany, or if they have relocated their place of residence or habitual abode abroad after the conclusion of the contract, or if their place of residence or habitual abode is unknown at the time the action is filed.
13.3 The place of performance is excav UG (limited liability), its registered office at Christian-Ernst-Straße 32, 91052 Erlangen, Germany.