Terms of NMH North Marine Handels GmbH - Aquatec Watermaker

General Terms and Conditions of North-Marine Handels GmbH

(valid for product Aquatec Watermaker)

1. Scope of application and conclusion of contract

These Terms and Conditions are valid for all contracts concluded with North-Marine Handels GmbH (valid for product Aquatec Watermaker) provided that it is applicable in the relevant contractual relationship in each case. The contract language is German.

Our contractual partner shall provide a valid email address for the processing of the contract and agrees to electronic billing (e.g. transmission of the invoice in PDF format as an email attachment). He takes care that the delivery can take place and waives the objection of the delivery defect, provided that we can prove the dispatch.

2. Prices - Payment

Our offers are subject to confirmation with regard to prices and conditions, subject to prior sale, and are valid a maximum of 30 days. Our price lists serve solely as information and are only valid until publication of a new price list. Our price lists do not contain any offer. Delivery and calculation are made using the prices and conditions effective on the day of delivery. Our invoices are to be paid in advance without deduction via bank transfer or cash at pick-up of the goods in our business premises. Other methods of payment are acceptable after longer business relations with commercial customers and written agreement only. Returns of defect-free goods only with our prior approval. There is a fee of 20% of the sales amount for the re-storage and checking of the return. Returns to NMH North Marine Handels GmbH Papenreye 61, D 22453 Hamburg, Germany. Returns shall be made freight prepaid and free of all charges, non-free deliveries are not accepted.

3. Cancellation

Our deliveries shall only be performed under retention of title (easier). The property in the Goods shall remain vested in the Seller until the Buyer has paid for them in full as well as all other sums due to the Seller, even if the Buyer has agreed other payment terms (extended retention of title). The Buyer has the right to resell the goods within orderly business. As a security, he undertakes now to assign to us his pecuniary claim in the amount of the purchase value (prolonged retention of title). He is not entitled to pledge product or assign it as security. The customer shall be obliged to notify me immediately of any seizure or any other interference of my rights by third parties. At my request, the purchaser is under obligation to notify the subcontractors of the assignments of the purchase price claim to us and to give us the necessary information and surrender any documents for the assertion of our rights against the subcontractors. If the total value of collateral obtained by me exceeds the total amount of claims open to me by more than 20%, I shall be obliged to retransfer the excess amount to the customer on request.

4. Delivery

Consignment always takes place under instruction of the Customer and always falls to his account and risk. The customer receives the written confirmation of the order together with the delivery note at the latest. We have complied with our terms of delivery once the goods are handed over to the carrier. At the request of the customer, I will cover delivery with transport insurance, all costs incurred as a result shall be paid by the customer. The invoices shall be due and payable, strictly net cash, immediately upon receipt. If a term of payment is agreed, that always should be documented on the invoice, the buyer shall be in default after expiry of the time for performance. In this case, also all our other claims against the buyer become due for payment immediately. Cheques, payment is not regarded as having been made until they have been cashed. In case of payment by cheque on account of performance, the risk of loss is only transferred to us if before an agreement for payment by cheque in writing it expressly so provides. In the event that after conclusion of the contract the purchaser's financial situation has deteriorated, we entitled to demand the provision of collateral. Otherwise we allowed to withdraw from the contract. Our contracting parties are only entitled to withhold or set off their payments in case that the claims that are either uncontested or have been recognised by declaratory judgement.

5. Notice of defects

Our contracting parties are obliged to examine the goods immediately upon receipt as to their completeness and faultlessness according to §377 HGB (German Commercial Code) and report this where necessary. Thereby, information of the seller shall not release the buyer from this obligation. Provided that there is no hidden defect, complaints are recognised only if they are asserted immediately in writing within 8 days upon receipt of the goods.

6. Liability for defects, warranty

For goods that we deliver to customers who are residents in the European Union (EU), any warranty claims become time-barred after 1 year. §§ 477, 478 BGB (German Civil Code) remain unaffected. This doesn’t mean the liability for damages in case of injuries to body, health or physical integrity. The limitation period begins to run from the day of the hand-over of the good to the carrier. We can decide in which form the supplementary performance will be provided. If a cause of loss occurs for the goods I delivered which have been sold within the context of a supply chain to a private end user, the person who has an obligation under warranty has to contact me - as far as two weeks have passed by since delivery of goods - and to discuss how to proceed immediately after he gains knowledge but, in any case, before supplementary performance. Otherwise, the person providing cover shall waive any recourse action according to § 478 BGB. For the jurisdiction beyond the EU, the period of limitation is max. 6 months. Each use (e.g. forwarding, copy, publishing) of copyrighted material (e.g. catalogue prints, graphics, texts) are only permitted with written approval of the rights holder. For the product liability, the legal requirements apply.

7. General Limitations of Liability

In all cases in which North-Marine Handels GmbH Papenreye 61, D 22453 Hamburg, am under the obligation of recompensation for damages because of contractual or legal claims, we only liable insofar as I or my executives can be charged for gross negligence.

8. Legality

Our General Terms and Conditions shall also apply for follow-up transactions. The acceptance of the goods takes place in subject to our General Terms and Conditions and signifies the consent. I do not accept deviating terms of the contracting parties unless we have expressly agreed to their application in writing. If parts of the General Terms and Conditions are in conflict with any mandatory provision of law, the other parts of our Terms and Conditions shall still be valid.

9. Jurisdiction

Place of jurisdiction is Hamburg Germany, provided that the transactions are carried out with merchants. Cases which are not regulated in these General Terms and Conditions shall be subject to the German Civil Code (BGB) and the German Commercial Code (HGB). This also applies to the International Sale of Goods. The provisions of the Vienna UN Convention of 11th April 1980 (United Nations Convention on Contracts for the International Sale of Goods - CISG) shall not be applicable. The customer ordering goods agrees by his order with my Conditions of Sale as listed above. Otherwise the customer is obliged to send back the goods immediately. The customer especially accepts that all disputes shall be governed by German law and fall within exclusive jurisdiction of the Court of Hamburg. To fulfil the contractual relationship, I shall be authorized to use and process all the data that I received within the scope of data protection regulations.

Minor deviations with regard to colour, equipment, dimensions, weight and quality may not be claimed. Minor damage to the paintwork is not a defect and can be seen as typical of any machines. Goods may only be returned after my explicit previous permission.

10. Supplier identification

NMH North Marine Handels GmbH Produkt: Aquatec Watermaker Papenreye 61 D-22453 Hamburg
Managing director: Michael Matz
Phone: +49(0)40-36850306. Fax: +49(0)40-36849767
Handelsregister: AG Hamburg: HRB 86284
VAT identification number according to  §27 a Umsatzsteuergesetz: DE813654475


Hamburg,  01.08.2020