Terms and condition of AquaCare GmbH & Co. KG, Gladbeck
For all our deals, contracts of sale and other supply contracts including consultation the following conditions apply. Customers purchasing conditions are not valid if we do not explicitly acknowledge. Calls or oral side agreements are only valid in written confirmations. The terms and condition are valid for the duration of the business relationship, so it is not necessary in each case, sending of these terms and conditions.
- Prices. The prices in our offer are non-binding and non-binding for repeat orders. They are based on the current state of the labor and materials costs. If by the time of delivery changes occur, we are entitled to adjust our prices accordingly. Prices are ex works, excluding packaging. Packaging will be charged at cost price.
- Offer and conclusion of contract. Our offers are non-binding on the basis of the latest version of our documents such as catalogs or brochures. These documents are only approximate unless they are expressly designated as binding. For strict compliance with the specified part in catalog piece weights no guarantee can be given. The scope of the contractual obligation our written order confirmation. The invoicing is considered confirming the order. Subsequent additions, changes or additional agreements must be in writing. If the solvency or the financial circumstances of the buyer change after the contract we are entitled to refuse performance of the contract until the buyer effects payment or security has done for them. If the buyer is unable to afford the required security within a reasonable period, we are entitled to resign.
- Payment.All invoices are, unless otherwise agreed, immediately to pay after receiving the invoice or notification of dispatch in cash or bank transfer paths without any deductions of our payment point. The amount will be credited to the oldest outstanding debt, even if payment for certain designated goods or services takes place. Existing warranty claims do not affect the maturity of our claims. The customer comes with maturity of our claims also in default without warning. Subject to any other rights we charge default interest per annum 3% above the discount rate of the Deutsche Bundesbank. Failure to comply with the payment or circumstances become known to us after the conclusion of contract and which are suitable to reduce the creditworthiness of the customer or of any of its obligations jointly liable persons having immediate maturity of all our claims. In such cases we are also entitled to execute outstanding deliveries only against full prepayment in cash or against security, to the extent otherwise agreed on a cash basis to demand payment in cash to cancel the contract or to claim damages for non-performance. Under the same conditions we are entitled at any time to visit the camp of the purchaser to demand our retention of title against crediting of the recovery amount and ensure in us as they deem adequate form at the expense of the purchaser, and to prohibit the resale of our conditional goods and to require notification of the credit operations. ATTENTION: the invoice date is the date of delivery, unless otherwise noted.
- Documents. The documents belonging to the contract, such as illustrations, drawings and weights are approximate only. The information should not be construed as a guarantee of the properties of our products. The information not release the customer from examining our information and recommendations responsible for their own use even before your use.
- Copyrights. Cost estimates, designs, drawings and other documents we retain ownership and copyright. These may not be made available to third parties. If the order for any reason should not come or state does not come to carry out, all drawings and other documents have to return to our request to us immediately.
- Delivery. Delivery times are given at our discretion, but they are not binding. Partial deliveries are permitted. Part calculations are permissible. The agreed delivery period begins to run from the date on which agreement on the order between the customer and present us. It complies with the timely notification of readiness.
- Shipping. Basically get all shipments at the expense and risk of the customer for shipping. Lack agreements, the delivery is done according to our best judgment. A liability for the cheapest carriage is not accepted. Insurance, whose cost is always charged to the customer are concerned only at the express request of the customer. The current terms are INCOTERMS latest version.
- Transfer of risk. By handing over the goods to the forwarder or carrier, at the latest when they leave the factory or warehouse, the risk - including the risk of seizure - in any case, for example, which are prepaid, FOB or CIF transactions, to the customers.
- Warranty.Under exclusion of further warranty claims, we have to provide the following guarantee:
a) We ensure that the products are free from manufacturing and material defects. The warranty period is six months. This does not include living organisms.
b) The warranty period begins on the date of delivery. If our operating or maintenance instructions are not followed, changes to the products, parts replaced or consumables used which do not meet the original specifications, warranty is revoked.
c) Any defective parts or services must, without cost to you, be repaired, replaced or provided again. Minor repairs such as the replacement of seals or tightening of fittings are carried out by the customer.
d) We can free ourselves from the demand rectification of customers in that we offer the customer a reasonable reduction of the part of the goods or service that is deficient.
e) The precondition for defect warranty claim, Customer's compliance with the agreed terms of payment. If a defect is asserted, the customer partial payments must be in reasonable proportion to the defects occur.
f) If the buyer requests that warranty work be carried out at a place specified by him, we can meet this demand, whereby not calculated under warranty falling parts while working and traveling expenses at our standard rates to be paid.
g) The customer has the right to withdraw from the defective parts or services, if repair is impossible, or if repair fails despite three attempts at rectification.
h) It is provided only for defects that were already at the time of transfer of risk present warranty. The prerequisite for any warranty that the customer complies with its duties required by §377 HGB obligation to immediate inspection and complaint. Complaints are raised in writing within 3 days of receipt of goods by the customer.
i) The warranties do not cover normal wear and tear nor to damage arising from faulty or negligent handling, excessive strain or unsuitable equipment.
k) In case of delivery of other brands, we assume no responsibility or liability. We advocate now from our warranty claims against the supplier to the customer. Just in case that these claims against the supplier can not be enforced because of its inability to pay, we take a material defect warranty obligations as its own products.
- Liability. For damages - direct or indirect damage - we are only liable if it is proven least grossly negligently behavior can be criticized us. Other responsibility - especially consequential damage, poor performance and delayed performance - are excluded findings of liability and in terms of the amount of liability. This also applies to claims in tort.
a) USA - Canada.Customers of all electrical and electronic equipment that we manufacture or distribute, undertake not to provide them without our written consent in the territories of the United States of America or Canada on.
- Force majeure. If we are hindered on the delivery by force majeure, labor disputes, riots, lack of energy, work restrictions, the event of war, mobilization, loss of communication and transport, business disruptions with us or our suppliers, or similar circumstances that could not be avoided with reasonable care, so we are released for the duration of these circumstances from our obligations to fulfill the contract. If delivery becomes impossible our liability is deleted. We are particularly far from any obligation, as our suppliers are released from the delivery due to their delivery and payment.
- Fulfillment and jurisdiction. Place of performance for all mutual obligations is Gladbeck, Germany. This also applies with respect to any payment in taken checks. Jurisdiction is, if the customer is a merchant, all from the contractual relationship directly or indirectly disputes which arise Recklinghausen. The contractual relationship is governed by German law.
- Retention of title. The goods remain - even with delivery abroad - our property until fulfillment of all our claims against the buyer from the business relationship. Before pledges, transfers of title and any other disclosure are prohibited and resale or use permitted only for resellers and business enterprises in the ordinary course of business, and only under the condition that the reseller or plant operator receives immediate payment or the reservation that the ownership is transferred to the third party only if this has the price paid in full. In that regard, we give our consent to the transfer of ownership to the third party. In the event of resale, or the re-use of the customer already with conclusion of the transaction in his future purchase price claims or wage claims for safety's sake to us without the need for any special explanation. Until further notice the customer is authorized to collect the newly created demands on the condition that he immediately and directly satisfies our due claims. If the goods are seized by a third party, the customer is required to give the enforcement officer by the retention of title note. He is also obliged us immediately by registered letter, enclosing the bailiff and an affidavit to the effect that the seized goods delivered by us under retention of title have not been fully paid goods are identical. Any intervention costs borne by the customer. The customer is in cessation of payments must immediately discard supplied by us remaining goods and the assigned receivables and submit us a detailed statement about this. Let's go in the payment of our claims as part of a refinancing operation a liability for a bill, the retention of title with its preceding and subsequent embodiments remains active until the refinancing exchange is redeemed by the customer.
- Federal Data Protection Act. According to §26 of the Data Protection Act, we are obliged to notify you thereof, that we so far as necessary for business purposes and permissible under the BDSG store your data in our data processing system.
- Contrat language. The German contract is binding.