Terms and Conditions

FOODSERVICE DIVISION - General Terms and Conditions of Sale (United States)

(Date: February 2026)

 

1 General

1.1 The Customer agrees to purchase the Products/Services from FRANKE, and FRANKE agrees to sell the Products/Services to the Customer in accordance with the terms and conditions stated herein.

1.2 The business relationship between Franke Foodservice Systems Americas Inc. 800 Aviation Parkway, Smyrna, TN 37167, United States, as the seller of the products and provider of the services (“FRANKE”), and the Customer, as the customer authorizing the purchase and shipment of products and services provided by FRANKE  for the sale of products (“Products”) and additional services (“Services”) (if contractually agreed) is governed exclusively by these General Terms and Conditions of Sale (“GTC”). Signed Terms and Conditions/Equipment Selection/Drawings/Laminate & Corian choice and/or Purchase Order (PO), whichever is applicable, must be received by FRANKE to confirm quote to order. 

1.3 Supplementing Services such as consulting, planning, installation, maintenance, digital services or any other services may be provided according to separate and specific business terms and conditions setting forth such specific commercial services

1.4 Amendments and modifications to the GTC or a concluded contract will only be valid if they have been accepted by FRANKE in writing. Any general purchasing terms and conditions or contractual provision of the Customer are hereby expressly rejected and excluded.

1.5 The following order of precedence applies to the validity and interpretation in case of a conflict between the following documents: (1) order confirmation, (2) FRANKE 's offer, (3) GTC. This does not apply for specific stipulations in FRANKE’s offer and/or the order confirmation expressly stating a deviation from the GTC; such express deviations supersede the GTC.

2 Offers

2.1 The offers and quote of FRANKE are non-binding and subject to change, unless otherwise indicated in the quote. A contract is concluded by order confirmation (submitted in writing or electronically) or by delivery. FRANKE may make changes to the order confirmation provided that these are insignificant and result in an improvement.

2.2 The illustrations, drawings as well as dimensional, weight and performance data from FRANKE's offers, brochures, price lists and catalogues are not binding, unless these have been expressly designated as binding.

2.3 Change, suspension or cancellation of unshipped orders requested by the Customer require the written consent of FRANKE. FRANKE may charge the Customer for costs incurred prior the receipt of such notice and any storage fees. This is inclusive, but not limited to, of all Products purchased that cannot be utilized on other projects, drawing fees, applicable freight, and/or labor.  If Product(s) are custom, Customer is obligated to pay all costs associated with Product(s) after the acceptance by FRANKE. Customer shall be entitled to a credit if FRANKE is able to re-sell the Product(s). If merchandise is ordered with a short lead time (lead time defined by project review sheet or verbal via sales person), extra freight costs will be charged to Customer, and  Customer agrees to be responsible for such charges. Suspension of an order cannot be made later than 1 month before scheduled ship date and cannot exceed 3 months. 

3 Payments

3.1 Payment terms with deposit as specified in the deposit/prepayment invoice, must be received by FRANKE no later than 21 days prior to Customer’s required ship date to be eligible for rebate and/or to avoid shipment delay. Without the receipt of the deposit by FRANKE, shipment will not be released and any delays caused due to this reason are solely attributable to the Customer. Credit cards may be utilized, however the project will not be eligible for rebate and if the order value is over $25,000 there will be a 2% convenience fee added to the transaction in applicable states. All payments not received within 30 days of the invoice date will be charged in interest by the amount of 1.5% per month until such time as the payment is received by FRANKE.

4 Prices

4.1 Quoted Prices are subject to change until receipt of signed GTC. Quoted prices are valid for 30 days from the contract quote date. Prices on orders are held for 60 days from the original order date. Freight and sales taxes are calculated at time of invoice and will likely be higher or lower than any quoted estimates. Any such charges that are applicable to an order, which are not included in the order confirmation, will be added to the final invoice, including, but not limited to, charges related to backorders due to vendor requirements.

4.2 Set-in-place and/or installation of kitchen equipment, beverage equipment, and all permit costs are not included. Customer’s order will be locked 35 days prior to shipment (no further changes permitted) for final production and staging. Order must be officially released to ship by FRANKE Project Manager at least 14 days prior to scheduled ship date, orders moved after the 14 day lock will be charged a weekly storage fee until order is shipped.  These storage fees will be billed monthly at a minimum weekly rate of $750 per week until order is shipped. FRANKE is not permitted to modify drawings for new store or rebuild projects. It is the responsibility of the Customer to ensure that communication of any field changes resulting in the need to modify electrical and plumbing are communicated to all appropriate parties. 

5 Delivery

5.1 Unless otherwise agreed and stated in the order confirmation, delivery is FCA (FRANKE location, Incoterms 2020). In case of international delivery, the Customer assumes full responsibility for compliance with applicable laws and regulatory requirements. FRANKE shall be responsible for safe packaging in conformity with transportation regulations and good commercial practices.

5.2 Risk of loss to the Products shall pass to the Customer on delivery to the carrier in accordance with the delivery terms specified in the Order Confirmation.

5.3 Partial deliveries are permissible and can be invoiced. Delivery before a confirmed delivery date is permissible, unless otherwise agreed.

5.4 Delivery and service dates are estimates unless FRANKE expressly agrees in writing to a fixed date or schedule. FRANKE will use commercially reasonable efforts to meet delivery and service date estimates. All delivery and service dates are conditioned on FRANKE's timely receipt of all necessary information and the Customer preparatory work. If the Customer causes a delay in delivery or assumption of the Products, FRANKE will store and handle all items at the Customer's risk and will invoice the Customers for the unpaid portion of the contract price, plus applicable storage, insurance, and handling charges.

5.5 In no event shall FRANKE be liable for a carrier's delays or for any delays in shipment or transportation or for negligent or intentional acts or omissions of the carrier. Unless prior arrangements are made, it will be the responsibility of Customer to receive any preshipments. Freight charges for all pre-ships are in addition to the main order. Standard ground and/or Call Ahead LTL shipments are not guaranteed for specific delivery dates..

6 Transport inspection

6.1 The Customer must inspect the delivery immediately, but at the latest within 24 hours from receipt.  If the Customer fails to do so, the deliveries shall be deemed to be accepted, and respective claims are forfeited. Visible transport damage (to the extent FRANKE is responsible for shipment according to the applicable delivery terms) or error in quantities shall be notified by reservation on the shipping paperwork supplied by the carrier and Customer shall notify FRANKE in writing with corresponding pictures.

7 Returns

7.1 Customer has no right to refuse and return a conforming product. Exceptions are at the discretion of FRANKE.

7.2 The return delivery to FRANKE must be requested within 30 days of shipment and made immediately after its approval, quoting the Return Merchandise Authorization number ("RMA No.") provided by FRANKE. The Products must be received by FRANKE at the latest within 10 working days after the RMA number has been assigned and the Products must be returned unused, undamaged and in their original packaging with all parts. If these conditions are met, FRANKE will refund the value of the Products in the form of a credit note; cash payment is excluded. FRANKE reserves the right to charge a minimum $100.00 administration fee or restocking charge of 25% of the original purchase price, whichever is greater (maximum $2,500), will be charged plus the cost of return freight to process an RMA..

7.3 Walk-In Cooler/Freezers and some special fabricated Products cannot be returned due to their one-of-a-kind nature built to spec for Customer. Please note any Products of this nature on the order and contact your Market Manager if you have any questions.

8 Services

8.1 The Customer shall ensure and procure all necessary on-site installations for an undisturbed service and access to Products by FRANKE or its service providers if service is contractually agreed and needs to be provided on site.

8.2 FRANKE warrants that contractually agreed services will be performed in a workmanlike manner in conformity with standard industry practice. Should any nonconformity be detected within 30 days after the work is completed and the Customer gives FRANKE prompt written notification, FRANKE will supply the necessary service, direction, or consultation to correct the nonconformity.

8.3 Unless otherwise agreed, FRANKE does not assume any responsibility for planning and installation services. If the Customer commissions FRANKE with the installation, FRANKE may have the installation carried out by a third party. Such installation work may be invoiced directly to the Customer by the third party on the instructions of FRANKE. All costs incurred in this connection shall be borne by the Customer. 

8.4 Unless otherwise agreed, third party service providers (e.g. for installation) are acting as independent contractors, even if referred to and instructed by FRANKE. FRANKE does not assume any responsibility or liability in relation to independent contractors.

8.5 The price for products includes the standard certificates and documentation. If the Customer requires additional certificates and documentation, the costs incurred will be charged to the Customer on a time and material basis. 

9 Warranty

9.1 For FRANKE fabricated Products warranty related issues, please call 1-800-537-2653, option 2. For the purpose of determining the extent and application of warranty, if any, the warranty is divided into four separate categories.

9.2 The warrantor shall not be liable under these warranties for repairs or damages due to improper operation, lack or normal maintenance, alterations, abuse, or misuse, flood, fire, or acts of God, or if the serial number has been altered, defaced, or removed.

9.3 For FRANKE fabricated Products, the warranty as documented in the product catalogs and/or warranty instructions included with the Products apply. In absence of such specific warranty FRANKE warrants for such Products to be free of all defects due to poor workmanship or material for a period of two (2) years following shipment/invoice. Customer shall give notice to FRANKE of any such defects during the applicable warranty period within thirty (30) days following Customer's discovery of the defects. FRANKE, at its option, will provide replacement parts, labor, freight, and materials for such Products during the applicable warranty period at no additional charge to Customer. Replaced parts shall become the property of FRANKE. 

9.4 FRANKE is not liable for defects that the Customer recognized or should have recognized upon receipt or acceptance of the Products and did not report to FRANKE immediately after discovery and within the warranty period. There is no entitlement to warranty if the Products have not been assembled in accordance with the instructions or have been improperly handled, used, repaired or modified.

9.5 The Customer shall follow and distribute the installation information, product manuals, operating and safety instructions, and other documentation and specifications provided by FRANKE with the Products. FRANKE disclaims any liability, including warranty liability, if the Customer does not.

9.6 FRANKE procures certain Products (commonly known as buyouts or purchased items) or support services from third parties. Customer acknowledges that FRANKE is not the manufacturer or provider of such Products. To the fullest extent permitted by law, FRANKE makes no warranties in relation to such Products other than those manufacturers or third-party supporters, which FRANKE is able to pass through for its Customer’s benefit.

9.7 FRANKE's contractual manufacturer's warranty replaces the statutory legal warranty to the maximum extent admissible by applicable law. The warranty provided herein is exclusive and the Customer shall not be entitled to any rights and claims other than those expressly stipulated in these terms and conditions.

9.8 During warranty period all work on FRANKE fabricated Products must be conducted by a FRANKE authorized Service Provider appointed by FRANKE Technical Support. If any work is completed without FRANKE Technical Support the warranty is voided. For non-warranty spare part purchases: All defects must be reported within 10 business days of the receipt date and returned within 30 business days. Returned items are subject to inspection by the manufacturer. Credit will be given upon manufacturer approval. 

10 Permits, License, Local Codes

10.1 The Customer is responsible for obtaining required local permits, unless alternate arrangements have been made. Customer is responsible to timely inform FRANKE, of any building, health codes, or ordinances which will affect the construction and/or the installation of Products. 

11 Building Conditions

11.1 Any loss or additional cost incurred by FRANKE and its agents caused by a delay with regard to job site construction conditions beyond the control FRANKE shall be borne by the Customer. All fees associated with storage and/or re-delivery will be the responsibility of the Customer. Prior to the Products’ delivery, the building should be inspected to insure it is ready to receive Products. The following items should be checked for completeness

A. Parking lot - paved or compacted gravel. 

B. Doorways and building access - Minimum 4 ft. opening for equipment arrival and building can be fully locked and secured.

C. Interior painting - complete within the kitchen and stockroom areas. 

D. Floors - acid etched prior to equipment arrival (if applicable) 

E. Utilities - sufficient temporary power to run equipment necessary to install equipment (welder, plasma cutter).

F. Broom clean -minimal building materials and debris. 

G. Ceiling - grid up and lighting in place and operating. 

H. Mechanical rough-ins - complete and within drawing locations. 

I. Walls - all kitchen walls, menu board valence, and self serve beverage bar area to have plywood support on substrate sheathing (per building plan) and final tile or FRP wall finishes. 

J. Self server beverage bar area - to have completed floors, base wall, finish carpentry, and ceilings. 

12 Limitation of Liability

12.1 The liability of FRANKE for all claims of the Customer arising from or in connection with the contract or its improper fulfilment, regardless of the legal basis on which they are made, is limited to the actual direct damages up to the amount paid by the Customer for the Product causing the damage.

12.2 In no event shall the Customer be entitled to compensation for indirect, consequential or punitive damages, such as loss of production, loss of use, loss of orders, loss of profit and any other indirect, consequential, incidental, punitive or exemplary damages of such kind, whether such damages arise out of or are a result of breach of contract, warranty, tort (including negligence), strict liability or otherwise.  

12.3 FRANKE is only liable without limitation for damages caused by FRANKE through unlawful intent or gross negligence, or any limitation in this Section 12 that is contrary to applicable law.

13 Insurance

13.1 Unless otherwise agreed, FRANKE does not provide third-parties direct access to its insurance or give additional rights to its insurance, such as naming additional insured, unless otherwise agreed. Customer shall, as the case may be, have adequate coverage including property and general commercial liability insurance.

14 Intellectual Property

14.1 The use of the trademark, logo, product information, product drawings and product pictures of FRANKE for purposes of advertising shall be made in form of the official then current trademark, logo etc. as further describe in the FRANKE brand guidelines.  

14.2 Nothing in this Agreement, nor any amendments thereto, shall limit or restrict FRANKE with respect to feedback provided to FRANKE related to the products. The Customer agrees that FRANKE will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license, incorporate and otherwise use the feedback, including derivative works thereto, for any and all commercial or non-commercial purposes.

14.3 If the Products, deliveries and Services of the supplier also include software, the Customer is granted the non-exclusive right to use the software together with the delivery item, unless otherwise agreed. All intellectual property rights to the software, which enables the operation, reference data, maintenance or repair of the machines, remain the property of FRANKE or its licensor. The Customer is not entitled to edit the software, in particular he has no right to make copies, decompile, reverse-engineer and disassemble or to use other methods to access the source code. The Customer and its Customers are hereby authorized to use the control software to operate the products for their own purposes, but have no further rights to the control software, in particular no right to reproduce, decompile, reverse engineer or otherwise attempt to derive information from the control software or to permit or cause this to be done.

15 Data protection

15.1 For the purposes of this clause, the terms personal data, processing, and controller shall have the meanings given to them under the applicable data protection and privacy legislation.

15.2 “Personal data” refers to any information relating to an identified or identifiable natural person (“Data Subject”), including but not limited to the name and business contact details (such as phone number and email address) of individuals acting on behalf of the Customer or its end-users.

15.3 FRANKE gathers, processes, and uses personal data in accordance with applicable data protection laws. All FRANKE employees, group companies, and third-party service providers who receive access to personal data are contractually and legally required to maintain the confidentiality and security of such data.

15.4 Where FRANKE receives personal data from the Customer or via a point of sale, FRANKE acts as an independent controller (or equivalent legal role) with respect to such data.

15.5 Personal data may be collected when a customer submits information to FRANKE through registration, form submissions, email communication, product or service orders, after-sales support, or related interactions initiated directly or through a point of sale.

15.6 FRANKE may use personal data for legitimate purposes such as providing customer support and—where allowed by law—marketing, advertising, or promoting products or services. Data Subjects may object to the processing of their personal data for marketing purposes at any time by contacting FRANKE, without having to provide reasons.

15.7 Some personal data may be stored or processed in jurisdictions other than the one in which it was collected, including but not limited to the United States. In such cases, FRANKE will ensure that appropriate safeguards are in place to protect such data in accordance with applicable legal requirements. These safeguards may include:

• Adequacy decisions by competent authorities,

• Standard contractual clauses (SCCs) or equivalent transfer agreements, or

• FRANKE’s Intra-Group Data Transfer Agreement (IGDTA) framework, which ensures adequate and consistent protection of personal data within the Franke Group.

15.8 The Customer shall inform relevant personnel, end-users, or point-of-sale staff, at the time their personal data is collected or transferred to FRANKE, that such data will be processed by FRANKE and/or its group companies in accordance with this Clause and FRANKE’s Privacy Policy.

15.9 The Customer shall indemnify and hold FRANKE harmless for any damages, fines, losses, or penalties that are directly attributable to the Customer’s breach of applicable data protection laws or its obligations under this clause.

15.10 Data Subjects may have rights under applicable data protection laws, including the right to access, correct, delete, or object to the processing of their personal data. More details can be found in FRANKE’s Privacy Policy available under https://www.franke.com/ch/en/group/privacy_policy.html.

16 Disposal of Products and packaging

16.1 Unless otherwise required by mandatory applicable law, the Customer assumes the obligation to properly dispose of the delivered Products after the end of use and any packaging (with exception of pallets) at his own expense in accordance with the applicable statutory provisions. If the Customer requests disposal by FRANKE, FRANKE shall provide the Customer with an offer to take back and dispose of the goods and packaging at the time of disposal. All related costs will be charged to the Customer.

17 Governing law

17.1 These GTC shall be governed by and construed in accordance with the laws of the state of Tennessee, and the federal laws of the United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. The exclusive place of jurisdiction is the United States District Court for the Middle District of Tennessee or a state court sitting in Davidson County, Tennessee. Notwithstanding the foregoing, FRANKE reserves the right to initiate court proceedings against the Customer at any other court of competent jurisdiction.

18 Export

18.1 The export or re-export of Products, spare parts or software may be subject to domestic and/or foreign export control regulations. The Customer undertakes to comply with the trade regulations and export control regulations and, if necessary, to obtain any necessary licenses for the export of the Products from the competent authority.

19 Business Integrity

19.1 The Customer must conduct its affairs in ethical manner, acknowledges to be informed about the FRANKE Code of Conduct adopted by the Franke Group, as modified from time to time, and shall ad-here to the Code of Conduct's principles in relation to FRANKE. The FRANKE Code of Conduct and any amendments are published our website: https://www.franke.com/ca/en/group/company/compli-ance.html. The Customer shall adequately inform its officers, directors and key employees about the FRANKE Code of Conduct and impose the obligation to comply with its principles.

20 Miscellaneous

20.1 Any modifications or amendments to these GTC may be made at the sole discretion of FRANKE.

20.2 Should any provisions of these GTC be legally ineffective or invalid, the validity and effectiveness of the remaining provisions shall remain unaffected. In such cases, the invalid provision shall be modified or supplemented in such a way that the intended economic purpose of the provision is achieved as far as possible.

20.3 The Customer acknowledges that FRANKE is entitled to retrace or recall equipment or take other corrective actions to the Products. The Customer will actively support FRANKE when this need arises.

20.4 Force majeure, labor disputes, civil disorder, governmental actions, epidemic, pandemic and other unforeseeable and unavoidable events of major significance release the contracting parties from their performance obligations for the duration of the disturbance to the extent of the impact thereof. The same applies if these events take place when performance by the contracting party affected is already overdue. The contracting parties are required to provide the information reasonably necessary without delay and to adjust their mutual obligations to the altered circumstances in accordance with the principle of good faith dealing.

20.5 The Customer agrees that (i) any purchase order issued, electronic acceptance (such as email), or payment of an invoice constitutes acceptance of these GTC: and (II) no physical signature is required for proof of GTC acceptance.

FOODSERVICE DIVISION - Commerical Terms EMEA
For national and international Sales

(Date: December 2020)

 

General Information, Scope of Application

1. The current version of the General Terms and Conditions of Franke Foodservice Systems GmbH ("Franke") applies to all contracts that relate to Franke's deliveries and services. The Terms and Condi-tions do not apply if the customer is a consumer. Any changes of the Terms and Conditions or of the resulting contract shall be in writing. The customer's General Terms and Conditions shall not be applicable, unless Franke has explicitly agreed to the adoption. The following order of precedence shall prevail for the effectiveness and interpretation of the various documents: the order confirmation, the offer, and these General Terms and Conditions.

2. The ineffectiveness or invalidity of individual provisions of these conditions shall not affect the validity of the other provisions and the existence of the resulting contract. The relevant statutory provisions or a regulation to be agreed between the parties shall apply in place of the ineffective or invalid provision.

Offer, Offer Documents, Planning Work, Copyrights

3. Offers by Franke are always non-binding. With regard to illustrations, drawings and dimension, weight and performance data from Franke's offers, brochures, price lists, and catalogs, Franke reserves the right to make changes unless they have been expressly identified as binding.

4. Drawings/layouts and other confidential documents (“Information”) shall remain the property of Franke and subject to copyright, even if this is not explicitly indicated. Such Information as well as of-fers/cost estimates and prices may not be disclosed to third parties without Franke's express, written consent. All information must be returned to us upon first request. If the order is not placed, this Information must be promptly returned to us without specific notice to this effect and may not be used.

5. If this Information is passed onto third parties or used for unauthorized purposes in violation of the above provision, and such violation is attributable to the customer, Franke is entitled to claim payment of a contractual penalty amounting to EUR 10.000. The right to further claims for damages is expressly reserved. Payment of the contractual penalty does not relieve from compliance to the obligations, as set out in Clause 4.

Delivery Dates, Dispatch, Transfer of Risk, Packaging

6. Delivery dates and delivery periods are not binding, insofar as it has not been expressly agreed otherwise in writing. The information shall be provided in good faith, although without warranty, and shall be subject to the punctual delivery of Franke or punctual supply of customer’s performance. Partial deliveries are permissible, provided this is reasonable to the customer. Deliveries shall be free carrier Bad Saeckingen (FCA Bad Saeckingen, Incoterms 2020). In the event of delays with delivery neither Franke nor the forwarder takes responsibility. Franke does not accept the return of any transport or any other packaging; they become the customer's property, with the exception of pallets.

7. The Customer must check the products immediately after delivery in respect of completeness, correspondence with the delivery documents and transport defects, and must report any identifiable deviations and defects in writing without delay. Insofar as a complaint is not issued within 5 days following receipt of the products, the delivery shall be deemed to have been contractually compliant, unless the deviation was not identifiable notwithstanding thorough examination.

Prices, Payment Terms

8. Franke's prices are quoted free carrier Bad Saeckingen (FCA Bad Saeckingen, Incoterms 2020), exclusive of packaging and statutory VAT (if applicable). The minimum order value is EUR 25. Unless otherwise agreed, Franke's prices do not include assembly. The customer may order for assembly and Franke may subcontract the work to a third party. On Franke's instruction, such assembly may be charged to customer directly by the third party. All costs incurred in this context shall be borne by the customer. The quoted price includes all necessary certificates and documents in German and English for a sale in Germany. If a customer re-quires additional certificates and documents, such costs incurred are billed to the customer at cost.

9. Invoices are dispatched via email. Invoices must be paid in full within 10 days from invoicing by bank transfer. Payment by credit card is not permitted. The bill must be paid in the billing currency shown. In the case of kitchens and conversions, a deposit of 75 % of the total amount is due in each case 30 days before the agreed delivery date. Franke may demand the entire amount straight away if the customer is in arrears. Delivery will then be made exclusively against advance payment. In the aforesaid cases, we may also make the processing of all orders from the customer dependent on advance payment or providing collateral.

Retention of Title

10. The supplied goods shall remain Franke's property until all claims arising from the business rela-tionship with the customer are met. No pledges or assignments as security by the customer are permitted, and the customer must inform Franke immediately if there are any interventions by third parties with respect to the goods. The customer is obliged to treat Franke's reserved goods with care and to insure them against damage and loss, and to identify and store them separately as Franke's property to enable them to be sorted at any time. The customer herewith assigns any claims against the insurance to Franke, insofar as they relate to Franke's property in the event of loss or damage. The customer is entitled to resell the goods in the ordinary course of business provided that full payment has been made to us, or he expressly draws the purchaser's attention to the fact in writing that Franke retains title to the goods in question. The customer shall immediately assign to Franke, by way of pledge, the full value of any claims arising from the resale or any other legal basis (such as insurance, unlawful acts, connection with real estate). If insolvency proceedings are brought against the customer, he is not entitled to sell on or assign ownership of the goods that are still the property of Franke, until he has settled all outstanding debts to Franke. For behavior contrary to the contract, in particular failure to make payment following reminder, the customer is obliged to return the goods DDP (Incoterms 2010) to Franke's venue (including unloading at the customer's risk and cost).

11. If the law of the country in which the goods are located does not allow the intended retention of title, or only in a restricted form, Franke may reserve other rights to the goods. The customer must assist in all the necessary measures (e.g. registrations) to assert the retention of title or any alternative rights, to protect said rights.

Disposal

12. The customer, if he is located in Germany, assumes responsibility for the proper disposal of the delivered goods after the end of its service in accordance with legal regulations at the customer's own expense. The customer holds Franke harmless from the obligations under Section 10, Paragraph 2, of the German Electrical and Electronic Equipment Act (ElektroG) and Section 9 of the Directive on waste electrical and electronic equipment 2002/96/EU (WEEE), and Section 13 of the WEEE Directive (take-back obligation for manufacturers) and from claims by third parties in this connection. In the event that the customer requests disposal by Franke, Franke will prepare a quotation for the customer for the return and disposal of the goods at the time of disposal. The customer will be charged for transport and disposal costs.

13. The customer who is located in an EU Member State other than Germany is obliged, as the import-er and commercial user of the electrical and electronic devices, to dispose the delivered goods at his own expense after the end of service. In this case, Franke cannot be regarded as the manufacturer.

14. The customer who is located outside the EU does not fall within the regulatory scope of the WEEE Directives. As the importer and commercial user of electrical and electronic devices he is however obliged to dispose these goods after the end of service in accordance with the relevant applicable regulations.

Liability for Defects, Warranty

15. If the goods delivered by Franke are defective, the customer's warranty claims shall be based on the statutory provisions, with the provision that the customer may only request rectification in the first instance. If the rectification fails, or Franke considers it to be disproportionate, the customer is entitled to reduce the purchase price or to withdraw from the contract. If the defect is due to a defective third-party product, Franke may assign the warranty claims against its supplier to the customer. In this case, a claim may only be brought against Franke, if and insofar as the customer has been unsuccessful in bringing a warranty claim against the manufacturer of the third-party product. Unsuccessful in bringing a claim means that the customer has pursued the claim through the courts, has notified the dispute for the purpose of support by Franke, and a final ruling of the court of last resort has been made, or if insolvency proceedings have been brought against the manufacturer of the third-party product.

16. Defects must be reported immediately in writing, but at the latest 5 (five) working days after their discovery. The warranty period is 12 months from the transfer of risk for goods manufactured by Franke. The warranty for all consumables supplies, lamps and glass, and wearing parts is explicitly excluded. For goods not manufactured by Franke but by third party suppliers, the warranty conditions of the third party will apply. This particularly applies with regard to spare parts. Should customers of Franke have warranty and guarantee agreements directly with third-party manufacturers (OEMs), such agreements cannot be brought against Franke, and all Franke's warranties are excluded in such cases.

Compensation for Damages

17. Franke only accepts liability for gross negligence and willful intent and in the event of a culpable breach of an essential contractual obligation, without which proper performance of the contract is abso-lutely impossible, and on whose performance the customer may regularly rely ("Cardinal Obligation"). In the event of a slightly negligent breach of a Cardinal Obligation, Franke's liability is limited to foreseeable damages typical to the contract; Franke accepts no liability in the event of a slightly negligent breach of accessory contractual obligations. In the case of initial impossibility of performance, Franke is only liable if Franke was aware of the impediment; Franke was gross negligently unaware, or a Cardinal Obligation is breached because of the initial impossibility.

18. Franke is not liable for any compensation for loss of profits, loss of use, and other consequential damage.

19. If Franke's liability is limited or excluded because of the aforesaid clauses, this shall also apply to the liability of employees, representatives, and other vicarious agents. Claims for compensation are not affected by the acceptance of a guarantee or procurement risk, or by injury to life, body, or health, fraudulent concealment of a defect and claims based on product liability legislation. With the exception of claims that result from tort and claims for goods which are used in accordance with their usual purpose for a building and which caused its defectiveness,, respective claims of customer shall be time-barred after one year.

Cancellation of Orders, Return Shipments

20. Orders may only be canceled in out of warranty processing following written consent by Franke. In case an order for ordered goods is canceled, Franke reserves the right to charge a processing fee amounting to 20 % of the goods value, but a minimum of EUR 15. In the event that projects that have been placed are canceled (new-build kitchens or modifications, or other contracts for the supply of items to be manufactured), Franke reserves the right to invoice relevant cancellation fees equal to the expendi-ture incurred by Franke.

21. Ordered goods may only be returned out of warranty following written approval by Franke and within a maximum of 24 hours since delivery. The return shipment to Franke must be dispatched immediately after approval, stating the RMA (Return Merchandise Authorization) number provided by Franke. The goods must be received by Franke within 10 working days after allocation of the RMA number at the latest, and the goods must be returned unused and in the original packaging. Franke reimburses the value of the goods in the form of a credit note, provided these conditions have been met. No cash payment will be made. Franke reserves the right to charge a fee for processing and return of 20 % of the goods' value, but a minimum EUR 15. A return shipment of goods with a net purchase price less EUR 20 is not permitted, and there is no entitlement to a refund for the value of the goods by a credit note.

Data Protection and Processing

22. Personal data is any information relating to an identified or identifiable natural person ('Data Subject') as defined in the applicable data protection law.

Personal data will be gathered, processed and used by Franke in compliance with the applicable data protection law and all of our employees, Franke group companies and third party service providers who have access to personal data are obliged to respect the confidentiality of the personal data.

In the event that Franke is provided and receives personal data via customer or a point of sale for such purpose described above, Franke is an independent controller under applicable data protection law.

Franke collects personal data when customer submits it to us, through registration, completion of forms or e-mails, as part of an order for products or services, after-sale support for products or services, inquiries or requests about products being ordered and similar situations in which data subject has chosen to provide the information to Franke or via a point of sale to Franke.

Some personal data provided (name, address, phone number and email address) will be processed by Franke for marketing, advertising or promoting purposes. We assume that this is of mutual interest for our customer and for the Data Subject to upkeep a good business relationship and the respective Data Subject can assert his/her rights (inspection, correction, removal, objection, etc.) at any time without giving reasons by contacting Franke, e.g. object to the processing of his/her personal data for this purpose.

Some of the personal data provided may be stored or processed in other jurisdictions, such as the United States, whose data protection laws may differ from this jurisdiction. In such cases, Franke ensures that appropriate protections are in place to require the data processor in that country to maintain protections on the personal data that are equivalent to those that apply in the country of Franke.

Customer is obliged to inform any point of sale and its end-users that it complies with applicable data protection law and personal data will be processed by Franke according to the terms and limitation set forth in this Clause. Customer shall, without limitation, defend, hold harmless and indemnify Franke in the event of damage that is attributable to customer's transferring of personal data or in breach of applicable data protection law. 

Our full privacy statement can be found on our website: www.franke.com.

Place of Jurisdiction, Applicable Law, Place of Performance

23. German law applies to the exclusion of the UN Convention on the International Sale of Goods and provisions for the conflict of laws.

24. Place of performance for all claims arising out or from contracts signed with Franke is Franke's registered office. Exclusive jurisdiction for all claims from either side arising from or in connection with the business relationship shall be Bad Säckingen. Franke is entitled to call any other legally admissible court. Alternatively, Franke is entitled – as a claimant – to have a dispute that arises under these conditions in connection with the business relationship settled under the rules of arbitration of the German Institution of Arbitration (DIS), to the exclusion of the right to ordinary legal process; place of arbitration is Franke's registered office; language for the arbitral proceedings is at discretion of Franke in English or German.


Franke Foodservice Systems GmbH

Jurastrasse 3, 79713 Bad Säckingen, Germany
+49 7761 5533 0  |  fce-sales@franke.com