Delivery Terms of Sale

(Kopie 1)

Delivery Terms of Sale

 

1. Agreement

 

With the acceptance of our offer by you or your offer by us our terms and conditions shall be considered agreed and become subject matter for the contracts of delivery.

Any oral agreements, other arrangements or deviations from the terms and conditions will only be accepted if confirmed in writing by us.

 

2. Offers/Order confirmation

 

Offers by aqua-vogt.de and all parts of their content and the related documents shall be subject to confirmation. The contract will be concluded by our written confirmation of the order. No liability will be accepted by us for any errors arising due to faulty orders. The dimensions specified in the order confirmation, have to be checked by customer. Confirmed dimensions shall be binding unless written objection is raised.

 

3. Price

 

For freightage see annexed sheet. The prices will depend on the relevant order confirmation by aqua-vogt.de.

Any additional costs incurred due to necessary changes shall be borne by customer provided

-          the information and documents made available by customer are not in compliance with the actual conditions;

-          project changes have been made;

-          customer failed to inform about circumstances requiring the use of different materials and/or different design.

 

4. Delivery

 

We deliver ex works Wurmberg on customer’s risk.

 

5. Installation, commissioning

 

Any necessary earthwork, masonry work, woodwork, electrical installations, painting and locksmith work shall be carried out by customer at his expense. The material supplied and the working hours spent shall be invoiced based on the details agreed in the individual contract. Any extra work will be charged at actuals. If a lump sum has been agreed for the project, customer shall be responsible for any delays or interruptions with respect to installation or commissioning that are not to be attributed to aqua-vogt.de, and also for any extra work based on the rates specified in the contract.

Unless otherwise agreed, commissioning shall take place in the presence of a representative or specialized dealer of aqua-vogt.de . If the plant is put into service by customer or a third party, no liability will be accepted by aqua-vogt.de. The same shall apply for test runs. Customer shall bear all additional costs unless such costs were incurred due to coarse negligence or wilful acts by aqua-vogt.de which can be proved.

 

6. Delivery periods

 

They will be given at best discretion.

Any delays in delivery shall not entitle customer to cancel the order or claim damages. Any obligation undertaken by us with respect to certain delivery dates will become null and void in case of events of force majeure including, for example, wars, mobilization, interruption of operations of any kind, strikes, rejects both at our own works or that of a sub-contractor.

 

7. Notices of defect

 

Any obvious defects shall be notified immediately but not later than two weeks after receipt of our products. Such defects shall be notified in written form.

 

8. Liability for defects from deliveries

 

We will be liable for any defects of delivery, which also includes the absence of expressly warranted properties, excluding other damage as follows:

 

For all aqua-vogt.de products the statutory time limits shall be applicable if it can be proved that such products have become unusable as a result of mistakes to be attributed to us, or are substantially impaired in their usefulness. aqua-vogt.de will provide warranty insofar that, in our fair judgement, the objected parts will be reworked or replaced free of charge.  No warranty or liability for damage will be accepted if the aqua-vogt.de product has been used in an unsuitable and improper manner, wrongly installed or if the entire installation was not carried out by a specialized firm, the product was exposed to faulty or negligent handling, especially due to excessive strain. Also excluded shall be wear and damage due to sandy, incrustating or contaminated water, corrosion, erosion, cavitation, water damage and similar, as well as other reasons not to be attributed to aqua-vogt.de, such as force majéure, hail etc. The necessary and prescribed services shall also not be part of warranty obligations. Customer’s right to assert claims due to defects shall in all cases be subject to a limitation period of six months from the date of the timely notice of defect, at the earliest, however, with expiry of the warranty obligation. Any repair work and replacements considered necessary in out fair judgement shall be made possible  by customer after consultation with us insofar that we will be given the necessary time and opportunity. Failing to do so  will release us from our liability for defects. Only in very urgent cases where operational safety is at risk, of which we have to be notified forthwith, or if we are in default with elimination of defects, customer shall have the right to eliminate the defect himself or have it eliminated by a third party and require from us reasonable reimbursement of the costs incurred.  For replacements and repairs we will grant the same warranty as for the subject matter of delivery.

The   liability period for defects of the subject matter of delivery will be extended by the period of interruption of operations caused by rework. aqua-vogt.de may deny elimination of defects as long as customer has not met his obligations. For any improper changes or repairs made by customer or any third party without our prior approval no liability will be accepted for the consequences of such actions.

 

9. Cancellation and return

 

Pool covers and solar absorbers shall be excluded from return because they are made to customer’s specification on customer’s request.

 

10. Orders

 

We have the right to decline an order without giving grounds.

11. Repairs

Goods sent in free of charge for repair will be checked and repaired if necessary. By sending the goods the sender undertakes to pay the repair costs. A cost estimate will be provided on request only.

 

12. Terms of payment

 

Our invoices shall be payable net within 30 days from the date of invoice, without any deduction. When paid within two weeks from the date of invoice we grant a 2% discount.  When paid within one week a 3 % discount will be granted. A discount can only be granted when there are  no outstanding amounts on the customer’s account. If payment is delayed, interest on overdue accounts will be charged from the due date at a rate of 6 % per month.

If a material deterioration of the customer’s circumstances becomes known or customer defaults in payment, aqua-vogt.de shall be entitled to demand all outstanding and not yet due amounts. The supplier shall also have the right to suspend the work on customer’s current project.

 

13. Retention of title

 

We will retain title of all goods supplied by us until all payments  from the entire business relationship (balance receivable) including those from  the issuance of bills and cheques have been rendered in full. This shall also apply when the purchase price for certain deliveries of goods subscribed by customer is paid. If any goods supplied by use are resold, any receivables arising out of such resale will be passed on to us without requiring any separate agreement for the  case concerned. When the supplied goods are processed the first object shall be used to secure our claims at the amount of the invoice of the processed retention goods at purchase price. If processed with other goods not belonging to us the title of the new thing shall be due to us in proportion to the invoice value of the processed retention goods at purchase price of the other processed goods.

 

14. Privacy of data

 

Customer data will be stored by us for the purpose order execution.

 

15. Place of performance and jurisdiction

 

Place of performance and jurisdiction shall be Pforzheim for both parties.

In case of disputes arising out of the contractual relationship action shall be filed before the court that is competent for our head office. In case of business in foreign countries we shall have the right, however, to file an action before the court that is competent for the customer’s residence. In all cases German law shall be applicable except in those countries where due to foreign law German law cannot be applied. In such cases the applicable law of the country concerned shall apply.

 

16. General

 

If one of the above provisions becomes or is wholly or partially null and void, the other provisions shall not be affected by such provision and remain in full force.