Conflicting or interfering purchase terms and conditions of the Purchaser shall be invalid even if we do not explicitly contradict to the conflicts or interference.
The unconditional acceptance of the goods does not invalidate the exclusive validity of these terms and conditions.
Should any individual provision be void, illegal or unenforceable, the validity of the remaining provisions hereof shall in no way be affected.
2. Quotations / Orders
Our quotations are subject to confirmation regarding price, quantity, delivery deadline and availability for delivery.
Orders as well as verbal agreements shall become binding for us only by our written confirmation.
Catalogue pictures and illustrations in quotations are not binding in as far as a modification of design, measurements and weights is subject to change without notice.
3. Price and Payment
The prices shall be effective ex factory Hamburg, without packaging material, unless agreed on otherwise.
Payments must be made by money transfer. The terms of payments listed in the order acknowledgement or invoice resp. shall be in effect.
In case of delayed payments, we are entitled to charge interest of delay.
4. Delivery Period
The delivery period results from the agreements reached by the parties of the contract.
Meeting the deadline by the supplier requires that all commercial and technical matters have been settled first and the buying customer has met all his obligations. Failing that, the delivery time will be prolonged appropriately.
Meeting the deadline of the delivery period is warranted under the reservation of our being supplied correctly and in time.
Claims cannot be made against us in case we fail to meet a delivery Deadline.
5. Passage of Risk
The risks will pass on to the Purchaser at the latest with the dispatch or collection of the goods to be delivered, even a case of partial deliveries.
We will conclude a transportation insurance policy only if the Purchaser has given explicit written order to do so.
Partial deliveries are permissible.
6. Retention of Title to Ownership
The right of ownership in the item supplied will remain with the Supplier pending receipt of all payments resulting from the delivery contract.
The Purchaser assigns already now the claims resulting from this transaction to the Seller if the item supplied is resold prior to our receipt of payment (extended retention of title to ownership).
Behavior contrary to the contract, especially in case of default of payment, entitles us to take back the items supplied, after having sent a reminder, and the Purchaser is obliged to surrender the items.
The assertion of the retention of title to ownership as well as the attachment of the items supplied by us shall not mean the rescission of contract by us.
Filing insolvency application on the part of the Purchaser entitles us to withdraw from the contract and request the immediate return of the items supplied.
Starting with the date of delivery, the statutory warranty period is applicaple for our products.
Wearing parts are excluded from this provision.
The products are subject to a density test as well as a final test after their assembly and pressure adjustment. All tests are performed pursuant to standard by means of air or water resp., on examined and calibrated test stations / test devices.
Test documents of the individual acceptance tests / material tests will be kept in the archives for a minimum period of ten years.
Notices of obvious defects must be given in writing immediately after their detection, at the latest, however, within eight (8) days after receipt of the item supplied.
Other defects subject to liabilty must be reported immediately after detection in writing.
If we decline to accept a claim for a warranty, the claim made by the Purchaser is regarded as waived unless contradicted within one month in writing.
Accepted defects will be repaired without charge in our Hamburg works or replaced by new items without charge. The parts subject to complaint have to be returned to us without charge.
We will bear the direct costs of repair or of the replacement parts; in case the complaint is justified, we will bear the costs of the replacement part.
Delivery of new goods is effected on principle subject to thorough examination of the defect and its result with reference to the part complained about. The Purchaser has to reimburse the costs of examination if the claim proves to be unjustified.
We are not liable for consequential damage as a result of slight negligence unless a warranted property has not been supplied.
In addition, no warranty is accepted in the following cases: unsuited or improper use, wrong assembly or putting into operation by the Purchaser or a third party, normal wear, incorrect or negligent treatment, improper maintenance or unsuitable operating equipment.
We are not liable for consequences of unprofessional repairs by the Purchaser or a third party. The same applies to modifications of the items supplied without our prior consent.
Assembly instructions are aimed at the know-how of qualified personnel. Only skilled personnel should, consequently, perform the assembly work.
Goods supplied are allowed to be returned only after our prior written consent. Return shipping must be made by prepaid freight.
In case of contract cancellation or returns of the goods for reasons the Purchaser is liable for, the Purchaser will be charged with the necessary costs incurred relating to the return as well as the dismantling performed.
Custom-made items as well as spare parts can, on principle, not be taken back.
10. Statutory Limitation
All claims of the Purchaser, for whatever legal reasons, are limited to 12 months.
Any documentation included in the supply is not allowed to be altered. Manufacturer marking on products is not allowed to be removed. Further use by a third party is only permitted with our expressed consent.
12. Place of Jurisdiction
Place of performance for delivery and payment and place of jurisdiction for both contract parties is Hamburg.