Terms Of Use

Wassertechnische Gesellschaft Lude GmbH & Co. KG

§ 1 Applicability of the Conditions

The following General Terms and Conditions apply to all contracts, deliveries, and other services, including consulting services, unless they are amended or excluded with the express written consent of the entrepreneur.

Conflicting terms and conditions of the customer are expressly excluded.

§ 2 Offers and Conclusion of Contract

1. The offers of the entrepreneur are non-binding and subject to change until confirmed in writing. Written agreements made by our representatives, as well as all verbal, telephone, or telegraphic arrangements, are only effective if confirmed in writing by the management.

2. The contract is concluded with the legally valid signature of both parties or their authorized representatives.

3. Measurements, weight, and performance data, as well as images, samples, and drawings, are to be understood as examples only. Only the agreed terms are binding.

4. The technical application advice is not a part of the contract. Only knowledge based on experience is shared here. Whether the respective product is suitable for the buyer's purposes is at the buyer’s own risk.

§ 3 Prices

1. Prices are calculated in EURO at the list price valid on the delivery day. Prices are ex-works and do not include packaging, postage, freight, or any insurance, which are charged separately. Additionally, for small orders up to 50 euros, a special surcharge of 30 euros will be applied. VAT applicable on the delivery day is added to the net prices.

§ 3 Delivery

1. Delivery periods are generally subject to reservation. Unforeseen obstacles beyond the entrepreneur’s control (force majeure, strikes, operational disruptions, insufficient supply of raw materials or energy, etc.) result in an appropriate extension of the delivery periods. In such cases, the entrepreneur reserves the right to withdraw from the contract. If the entrepreneur withdraws, they commit to informing the customer and refunding any received services.

2. Delivery periods only begin when all necessary documents for completing the order have been received.

3. The delivery period is considered fulfilled if the goods are ready for shipment and the customer has been notified.

4. If the entrepreneur is in delay, the customer must observe the legally required grace period of four weeks.

5. If the customer refuses to accept the goods on the agreed delivery date, they are obligated to bear the costs incurred (e.g., storage, re-delivery, etc.).

6. Delivery/shipment from the factory is at the customer's expense and risk.

7. The entrepreneur is entitled to make partial deliveries, as long as this is reasonable for the customer.

§ 4 Warranty

1. If the contractual performance or the object of performance is defective, or if it becomes defective during the warranty period due to manufacturing or material defects, the entrepreneur may, at their discretion, provide a replacement or repair it, excluding any further warranty claims of the customer. The entrepreneur must be given sufficient time and opportunity to inspect the complaints on-site.

2. If the repair or replacement delivery fails after a reasonable period, the customer may choose to reduce the payment or cancel the contract.

3. § 4 Items 1 and 2 do not apply if the entrepreneur sells movable goods to the customer and the customer is a consumer (§ 474 BGB).

4. Obvious defects must be reported in writing to the entrepreneur immediately, but no later than two weeks after assembly.

5. If the entrepreneur sells movable goods to the customer, the warranty period for damage compensation claims is one year, provided that the object of the contract is not a product typically intended for a building. The statutory limitation period begins as per the law. This provision does not apply if the entrepreneur intentionally causes liability. In such cases, the statutory provisions apply.

6. Defects arising after acceptance due to incorrect handling or forceful impact by the consumer or third parties or through normal wear and tear (e.g., seals) are excluded from the obligation to remedy defects.

§ 5 Compensation for Damages

1. Except in the case of breach of a material contractual obligation or a cardinal obligation in a manner that endangers the contract’s purpose, or in the event of a guarantee, the entrepreneur is not liable for damages caused by slight negligence.

2. The entrepreneur’s liability is limited to typical and foreseeable damages in the following cases: a) in the event of a slightly negligent breach of essential contractual obligations or cardinal obligations in a manner that endangers the contract’s purpose, b) in the case of gross negligence by simple vicarious agents (not senior employees or organs), c) in the event of a guarantee unless the entrepreneur has expressly assumed a guarantee for the quality of the goods towards the customer as the buyer.

3. Except in cases of liability under the Product Liability Act, for injury to life, body, or health, for assuming a guarantee for the quality of goods, or in cases of fraudulently concealed defects, the above liability limitations apply to all damage compensation claims, regardless of their legal basis, including claims arising from tort.

4. The above liability limitations also apply to any claims for damages the customer may have against the company's employees or agents.

§ 6 Retention of Title

All delivered goods remain the property of the entrepreneur until full payment has been made. Claims arising from the resale of the goods, from the processing of the goods, or from any other legal claim related to the object of the retention of title are hereby assigned to the entrepreneur by way of security.

§ 7 Payment

1. Invoices are payable within 30 days of the invoice date net, unless special agreements have been made. Discounts can only be granted if no previous invoices are outstanding.

2. Payments by bill of exchange require special agreements. Discounts are then excluded. Costs are borne by the buyer. In the event of late payment, the entrepreneur is entitled to charge appropriate default interest.

§ 8 Place of Performance, Jurisdiction

1. The place of performance for both parties is Unterthingau.

2. For customers who are merchants, legal entities under public law, or special funds under public law, Kempten is agreed as the place of jurisdiction for all claims arising from the business relationship.

§ 9 Invalidity of Individual Provisions

The invalidity of individual provisions of these conditions does not result in the invalidity of the remaining provisions or the entire contract. In place of the invalid provisions, the statutory regulations apply.