1.1 We deliver our following sales and delivery, even if in the case of permanent business no longer specifically agreed later reference. Conflicting conditions of the customer are not valid for us. Silence on order confirmations that refer to different terms and conditions of the customer is not deemed as consent. By accepting our delivery the customer irrefutably declares agreement with the exclusive validity of our terms and conditions.
1.2 All offers made by us are always subject to change, unless they are explicitly marked as binding. Otherwise it an invitation to tender. Oral statements, offers and invoices require written confirmation by the company Haeger industrial valves. The contract is only concluded with confirmation of order or delivery, in the case of a binding offer with time commitment with its timely acceptance.
1.3 For the contract our written order confirmation, if we do not receive a written objection within 2 days after the date of order confirmation.
1.4 Our sales and delivery conditions apply only to companies, jur. Persons under public law or public law special funds within the meaning of Section 310 para. 1 BGB.
1.5 Cancellation by customers. The cancellation of an existing contract is generally excluded. If the customer still insist on a cancellation, the payments already made by us or any outstanding payments are eg was used to purchase the customer be billed. In addition, we may claim damages in the amount of 10% of the total purchase price. The customer is entitled to prove that damage has not occurred or is significant lower.
2. Prices and Payment
2.1 Our prices are ex works, plus statutory VAT and excluding the costs of packaging, unless explicitly agreed otherwise. Below an order value of EUR 150, – net a less quantity surcharge is calculated. The agreed prices are based on currently of the contract applicable cost factors particular material and labor costs. If increase between the contract and the date of delivery, labor and / or material costs, we are entitled to charge the state of completion corresponding price increases.
2.2 Except as otherwise provided acknowledgment of order, our invoices are due and payable within 30 days net. Payment within 14 days of the invoice date a discount of 2% is granted. This does not apply to payments by changes that may be given only as payment only with our consent. After 30 days on receipt of an invoice, we are entitled to charge default interest at the statutory level into account, without the need for special notice. The application of higher damage is possible.
2.3 Unless otherwise agreed, and in particular on delivery value of € 30,000.00 net, 45% of the agreed payment after receipt of the order confirmation, the balance must be paid 30 days after the notice of readiness for shipment.
2.4 Failure to comply with our terms of payment or circumstances which are likely to reduce the customer’s creditworthiness, all our claims become due for payment immediately. In this case, we have the right to request regardless of the term adopted draft cash against return of the bill. We may also outstanding deliveries, even if they are based on an otherwise order to hold back.
2.5 The Customer shall not be entitled against our claims to assert a lien or to offset counter-claims, to the extent not expressly accepted by us or legally established. To exercise a lien, the customer is entitled only due to counterclaims arising from the same legal relationship.
3.1 The dispatch is always at the expense and risk of the customer deliveries are insured only at the express request of the customer’s expense to transport damage.
3.2 The risk passes to the buyer once the goods leave our factory or loading dock. If delivery is delayed due to circumstances that are not attributable to us, there is the danger of crossing with notification of dispatch.
3.3 Binding delivery dates must be expressly agreed in writing or confirmed by us. The delivery period begins after receipt of all drawings, models, dimensions, from customer-supplied parts and an agreed deposit. Compliance with the delivery time is conditional upon compliance with the contractual obligations of the customer. If this is not the case, the delivery time will be extended accordingly.
3.4 If we can not meet binding delivery deadlines for reasons that we are not responsible for (impossibility of performance), we will inform the customer of this immediately and simultaneously stating the expected delivery time. Is not available, the performance by the new deadline, we are entitled to fully or partially withdraw from the contract, a pre-job performance by the buyer, we will refund. As the case of non-availability in this sense is especially timely delivery by our suppliers, if we have a congruent closed not to hold us and our suppliers at fault or we are not obligated to purchase in individual cases.
3.5 In the event of any ordinary negligence caused a delay in delivery, the claim for damages under § 280 para. 1 and para. 2, 286 BGB, limited to a maximum of 5% of the total price of the products with the supply of which we are in default. We reserve the right to prove that no or significantly less damage than the above package is created.
Partial deliveries are permissible if reasonable for the customer. Failure to comply with agreed delivery, the customer is obliged to set a reasonable deadline.
4. Warranty and Liability
4.1 The Customer shall inspect the goods immediately upon receipt carefully and make possible notice of defects to us in writing. Upon delivery visible damage must be certified by the submitter. Defects must be notified within two weeks after the discovery. This is a limitation period.
4.2 Deviations in dimensions, surface treatment and weight, which are owing to production not constitute a defect unless the suitability of the delivered goods to the agreed purpose is impaired. The same is true for tech. Changes and deviations from drawings and catalogs. Dimensions and other tolerances are based on the respective DIN & ANSI rules, moreover, according to commercial usage, as well as the prior art.
4.3 The warranty period shall be 12 months after transfer of risk. For wear parts (seals, diaphragms etc.) only one liable for the usual life, but not later than six months applies.
4.4 In the event of defective delivery the customer at our discretion, be entitled to repair or free replacement. The remedy does not include the expansion of thing even reinstalling if we were not originally contracted for installation. In case of repeated failure and the repair or replacement, the customer may or may withdraw from the contract (reduction) demand a reduction of the purchase price.
4.5 A guarantee of certain properties, in particular, that the goods supplied are suitable for the purposes of the customer will only be accepted if and to the extent there is a written guarantee of the properties is.
4.6 We are entitled to refuse warranty claims, unless the customer is in default. Is the alleged delivery not yet taken off, the customer is only entitled to withhold a reasonable amount to the elimination of the defect. For the rest, the offset and Zurückbehaltungsverbot.
4.7 Where the defect is desire out to be unjustified, we can demand compensation from the buyer the related expenses.
4.8 Further claims of the customer, in particular claims for compensation for damages not caused to the delivery itself, are excluded. This disclaimer does not apply in cases of intent and gross negligence of our representatives or agents or by culpable breach of contract. In case of culpable violation of essential contractual obligations, we shall, except in cases of intent or gross negligence of our representatives or agents only for the typical, reasonably foreseeable damage. The exclusion of liability does not apply in cases where under product liability law for faults of the delivered goods for personal injury or property damage to privately used items. He also does not apply in the absence of properties that are explicitly assured, if the warranty was intended to protect the customer against damage not caused to the item itself. If our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and agents. The customer’s claims for damages shall lapse of the time in which the customer has obtained knowledge of the damage, or, irrespective of this knowledge, no later than three years from the damaging event no later than two years.
4.9. A right of termination in particular from §§ 651, 649 BGB is excluded.
5. Transport and storage of valves
Transport and storage of valves
The storage and transport of the valve must be dry and free from dirt.
In damp rooms, halls desiccant or heating against condensation is required.
The standard transport packaging protects the valve from contamination and damage on the way from our warehouse to you. For transport to foreign countries, we accept no liability for possible corrosion damage. We recommend a special packaging by industrial packers or export packagers. By default, we always ship with standard packaging. This is unsuitable for longer terms. Shock and vibration should be avoided. We accept no liability for any corrosion damage!
The outer coating (coating) is a pure standard finish or transport finish. The paint must remain undamaged, otherwise the defects must be repaired immediately. We recommend a paint according to customer requirements.
6. Retention of title
6.1 The goods until full settlement of all claims arising from the business relationship with the customer our property (reserved goods). For current accounts, the retained goods as security for our outstanding balance. Processing of the reservation, we shall be as a producer within the meaning of § 950 BGB. When processing with other goods not in our possession the goods by the customer co-ownership of the items produced to us is the ratio of the invoice value of the goods to the invoice value of the other goods. If our reserved goods are mixed or combined with other objects and goes out to extend our ownership of the reserved goods, it is hereby agreed that the ownership or the customer, joint ownership in the mixed stock or the single item in the amount of the invoice value of our reserved goods are transferred to us and the Customer shall store for us without charge. The resulting from processing or from the combined or mixed goods deemed to be reserved goods within the meaning of these terms.
6.2 The Customer may only sell the goods in the ordinary course of business to its normal trading conditions and only as long as he is not in delay. He is entitled to sell the goods only to the extent authorized and that he assigns the claims from the resale to us. To dispose of the reserved goods shall not be entitled without our consent. The customer’s demands from the resale of the reserved goods are hereby assigned to us. We accept the declaration of the customer herewith. In the event that the reserved goods are sold by the customer together with others not belonging to us, the assignment of the claim from the resale shall be limited to the amount of the invoice value of the reserved goods sold. If the goods after processing, especially after processing with other not belong to us, or after compounding / mixing resold, the assignment shall only apply to our ownership share of the sold goods or the sold inventory.
6.3 The customer is entitled to collect receivables assigned to us until our revocation at any time. We will make this right of revocation for cause only use. On request, the customer is obliged to inform the third party debtor of the assignment to us and us to gain necessary to collect information and documents.
6.4 The conditional buyer may sell the reserved goods not transfer ownership or pledge as collateral, receivables not assign to third parties or set off with them or with their customers agree to a prohibition of assignment. He is not authorized to accept benefits other than payment, especially not other goods or services in lieu of performance.
6.5 The customer must notify us immediately of any attachment or other impairment of our rights by third parties.
6.6 In the event of default in payment of the customer we are entitled, after setting a deadline to declare the withdrawal and / or claim the goods due to the retention of title out. The claim does not automatically mean a declaration of withdrawal, we are rather be entitled to reclaim the goods and reserve the right to withdraw. Failure to pay the proclamation of the purchase price due, we may assert these rights only if we have set the buyer a reasonable FRISTS for payment or setting of a deadline by law is unnecessary.
6.7 If the value of the existing of us our claims by more than 20%, we are requested by the customer obliged to choose whether to reassign or release of collateral.
7. Performance and Jurisdiction
7.1 Unless the order confirmation states otherwise, our registered office (Wuppertal) performance.
7.2 If the customer is a merchant, our registered office exclusive jurisdiction. ; However, we are entitled to sue the customer at his general jurisdiction. The jurisdiction of other courts are hereby excluded.
8. Applicable law, writing, severability clause
8.1 The contract is subject to the laws of the Federal Republic of Germany. The application of the UN Sales Convention is excluded.
8.2 Any change these terms and conditions shall be in writing; this also applies to the repeal of the writing requirement. If any items are dispensed by law or individual contract, the validity of the remaining provisions shall not be affected. The Parties undertake to replace the invalid provisions by provisions that come closest to the economic purpose of the invalid provision in effective manner; The same applies to any contractual loopholes.
9. Return of goods
Returns for credit may be made only with our prior written consent. There is no credit for fittings versions that are no longer included in the delivery program, as well as accessories and fittings from the individual production. In freight-free return of stocked, like new fittings a credit minus restocking fees occurs. This reduction takes into account the required pressure and function testing and the renewal of surface protection. In addition, we are entitled to all due to the withdrawal defrayed by our costs, especially return freight, cargo compensatory amounts, cartage, freight forwarder cost, on-process charges, etc. discontinued in payment abridged discounts from the refundable net invoice price or calculate.