All prices are subject to change, cost estimates without obligation. Printing errors, obvious errors, spelling mistakes and miscalculations are not binding. Oral agreements and subsequent amendments as well as deviations from our terms and conditions are only valid if confirmed by us in writing.
2. Pricing and delivery conditions
Provided nothing is stated to the contrary in the offer or the related correspondence, our prices are quoted ex works, excluding packing, without transport insurance and plus the statutory VAT.
3. Conditions of payment
Our invoices are payable strictly net within thirty days of the invoice date. Unauthorised cash discounts and invoice deductions are subsequently claimed. Cheques and bills of exchange only count as payment after unconditional credit entry. All related bank charges are to be borne by the purchaser.
For contracts with a value of more than EUR 30,000, we reserve the right to agree the following payment conditions:
1/3 down payment upon receipt of the order confirmation net,
1/3 payment on notification of readiness net,
1/3 within 30 days of delivery – but in no case later than 60 days after notification of readiness net.
In case of default of payment by the purchaser, we are entitled to charge default interest from the due date at the rate of 8% pa above the applicable base rate of the European Central Bank. In case of rejection on the part of the purchaser or of the requested insured sum by our credit insurer, the entire invoice amount is due and payable prior to dispatch, even if different payment conditions have been agreed in advance.
4. Transfer of risk and transport insurance
The risk is transferred to the purchaser according to § 447 of the German Civil Code (BGB) on dispatch or readiness for dispatch, also where free delivery has been agreed. Transport insurance is to be taken out by the purchaser if no other arrangement is made. If the purchaser waives the transport insurance, he has no claim for compensation in case of damage. Collections are always made in at the risk of the recipient, so there is no claim for compensation in case of damage.
5. Extended and prolonged retention of title
a. In case of domestic transactions:
The goods remain our property until payment of all our claims, including future claims, against the customer arising from the business relationship. The customer is obliged to insure the delivery item at his own expense against fire, water and other damage and to keep it insured. If the reserved goods are seized by a third party, a copy of the seizure protocol is to be sent to us immediately. Transfer of ownership of the reserved goods to the purchaser according to § 950 BGB is excluded in the case of processing to form a new product. The processed goods serve to secure our claims up to the value of the reserved goods. If the purchaser processes the goods with other goods which do not belong to us, we are entitled to co-ownership of the new product in proportion of the value of the reserved goods to the other goods processed at the time of processing. The new product is deemed reserved goods within the meaning of these conditions.
The purchaser hereby assigns his claims arising from the resale of the reserved goods to us, provided he is able to dispose of these, before having acquired the right of ownership. The assigned claim serves to secure our claim at the amount of the value of the reserved goods sold. We will not collect such claims as long as the purchaser meets his payment obligations. The purchaser can thus assert his claims despite the assignment. At our request, the purchaser is to notify us of the debtors of the claims assigned to us, to notify the debtors of the assignment and to keep the sales proceeds separately for us.
b. The following applies additionally to foreign transactions:
We reserve the extended and prolonged retention of title to the goods delivered in accordance with 5.a until final payment of the purchase price, unless deviating legal regulations of the destination country are to be strictly applied. This retention of title is expressly agreed between us and the customer. In as far as the country of destination allows other security rights in place of the retention of title, these are deemed to be expressly agreed.
6. Guarantee / liability
All products are tested before leaving the factory. We assume a general warranty for proper design and function for one year after the date of the invoice such that we eliminate any defects resulting from material or manufacturing errors demonstrably attributable to our fault within a reasonable time at our cost and at our discretion either by repair at the customer’s premises, repair at our factory or by replacement. If this fails, we reserve the right to withdraw the products at the price charged. For third-party products, we are liable to the extent that the subcontractor provides us with a warranty and complies with this.
Further claims of the purchaser to compensation for damages and consequential damages are excluded. The proof of a warranty claim is based exclusively on our factory findings or the finding of our specialists at the installation site.
The warranty is excluded:
a) in case of corrosion damage of any kind
b) after improper or negligent treatment, structural changes, or if the valve is not repaired by us or not equipped with our original replacement parts.
c) in case of any indirect damage, in particular compensation claims for malfunctions and damage to systems which are not included in our delivery
d) if the cause of the defect lies in exceptional operating conditions that are beyond our control
e) if the purchaser defaults on the fulfilment of a contractual obligation to us
a) if the purchaser fails to store, treat or install the goods delivered appropriately
b) in case of normal wear and tear
Suggestions and advice as well as secondary contractual obligations, in particular also instructions and directions for use, installation and maintenance of the goods delivered are performed in good faith. Further liability for this on our part is, however, excluded. In case of damage, our maximum contractual liability is limited to the insurance sum of our business, product and environmental liability insurance.
7. Delivery dates
Delivery dates are issued to the best of our judgement, such that, in the normal course of production, they can most probably be upheld. In case these are exceeded, no claims or damages for delay of any kind can be derived from this. The agreed delivery period only commences after complete clarification of all technical and commercial issues relating to the contract and on receipt of any agreed down payment.
8. Acts of God
not only release us from our delivery obligation for the duration and the scope of such circumstances and their consequences, but also entitle us to cancel existing orders, such that the customer has no claim to damages due to non-performance.
are only permitted with our prior approval. Fundamentally, we only take back unused and undamaged standard goods, no special productions. If we take back goods for reasons for which the customer is responsible, we are entitled to reimbursement of the costs incurred and a reasonable reduction of 20%, provided that the actual costs are not higher. Any freight and storage costs incurred as well as any cash discounts made are also deducted from the amount to be credited.
The acceptance of the products is carried out by our quality testing in our plant on our test benches. A function and leak test is performed for the relevant products according to EN 12266. Any other tests and inspections by third parties can only be conducted after prior agreement and are invoiced separately.
11. Supplier’s right to withdraw
In case of unforeseen events, to the extent that they substantially change the economic significance or the contents of the performance or considerably affect the supplier’s business and also in case the impossibility of performance becomes subsequently apparent, the supplier has the right to withdraw from all or part of the contract. The purchaser has no entitlement to damage claims arising from such a withdrawal. If the supplier intends to exercise the right of withdrawal, he is to notify the purchaser immediately as soon as he is aware of the significance of the event.
12. Special productions
Orders for special productions or modified standard products cannot be cancelled after the start of production and those products already supplied cannot be returned.
13. Place of performance and jurisdiction
The place of performance and jurisdiction is Bochum.
14. Deviating conditions of the purchaser
Deviating terms and conditions of the purchaser are only valid if confirmed by us in writing.