General Terms and Conditions of Aquatec Watermaker (Holder: Joachim Matz)
These Terms and Conditions are valid for all contracts concluded with Aquatec Watermaker, holder Joachim Matz, provided that it is applicable in the relevant contractual relationship in each case. In case of doubt, the German original version applies.
My offers are subject to confirmation with regard to prices and conditions, subject to prior sale, and are valid a maximum of 30 days. My price lists serve solely as information and are only valid until publication of a new price list. My price lists do not contain any offer.
My invoices are basically payable before delivery by bank transfer or in cash without deduction on delivery of the goods. Other payment terms are only possible if agreed in written form.
Returns of accurate goods are only possible after my prior approval. Returns of faultless goods only with my prior approval, possibly test costs and re-storage costs are incurred. For commercial resellers, we charge 20% restocking fee from the value of the goods plus the delivery costs incurred. A return or cancellation of special orders and custom orders is not possible. A revocation for special orders and custom-made products is not possible if the delay of the delivery is not our responsibility e.g. in the case of late delivery by the supplier. Electrical components are non-returnable. Returns shall be made freight prepaid and free of all charges to Joachim Matz, Bgm.-Schinkel-Str. 10a, 25348 Glückstadt, Germany.
My 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 me 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 me and to give me 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.
Shipping of ordered goods will be latest 2 working days, monday -friday, after payment is received, or after a previously agreed deadline, with the exception of export shipments, special orders and custom-made products.Information about the duration of a consignment is given on the basis of the information provided by the transporter. The reliability of this information can not be guaranteed.
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. Possible express delivery surcharges at usual freight rates are carried out for the account of the buyer even if carriage paid delivery should have been agreed. 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. The presentation of bills of exchange requires my approval. In case of bills of exchange and 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 me 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, I am entitled to demand the provision of collateral. Otherwise I am allowed to withdraw from the contract. My 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.
My 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. Minor deviations with regard to colour, equipment, dimensions, weight and quality may not be claimed. Goods may only be returned after my explicit previous permission.
For goods that I 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. I 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 week 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.
General limitations of liability: In all cases in which I, Joachim Matz, am under the obligation of recompensation for damages because of contractual or legal claims, I am only liable insofar as I or my executives can be charged for gross negligence.
My General Terms and Conditions shall also apply for follow-up transactions. The acceptance of the goods takes place in subject to my General Terms and Conditions and signifies the consent. I do not accept deviating terms of the contracting parties unless I 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 my Terms and Conditions shall still be valid.
Customers are hereby informed that Aquatec Inh. J. Matz personal data, collected through the business relationship in accordance with the provisions of the Data Protection Act (Act), from which also the EU processed privacy regulation (DS-GMO) 25.5.2018, especially stores.
The language in legal disputes is German. In doubt and incomprehensible text, e.g. translation errors, the German version applies. Place of performance is Glückstadt/Itzehoe, 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.
Joachim Matz, Bgm.-Schinkel-Str. 10a, 25348 Glückstadt, Germany den 8.09.2014