General Terms and Conditions of PureFlow Filtersysteme GmbH
1.1 All deliveries and services are subject to these terms and conditions as well as any separate contractual agreements.
contractual agreements. Deviating terms and conditions of purchase of the purchaser shall not become part of the
become part of the contract, even by acceptance of the order.
1.2 Pure Flow Filtersysteme GmbH reserves the right to samples, cost estimates, drawings and similar information. 1.2. Pure Flow Filtersysteme GmbH reserves the property rights and copyrights to samples, cost estimates, drawings and similar information of a physical and non-physical nature – including in electronic form; they may not be made accessible to third parties. Pure Flow Filtersysteme GmbH undertakes to only make information and documents designated as confidential by the customer accessible to third parties with the customer’s consent.
made available to third parties only with the consent of the customer.
1.3 Deviating terms and conditions of the buyer are not binding for us even if we do not expressly object to them.
2.1 Our offers are subject to change and are valid subject to material availability. Orders shall only become binding for us upon written order confirmation by us.
3. scope of delivery
3.1 Our written order confirmation shall be decisive for the scope of our delivery obligation.
Subsidiary agreements and amendments must be made in writing. Our deliveries are always ex works and uninsured.
3.2 Shipment shall be at the expense and risk of the buyer. If no specific instructions for shipment are
If no specific instructions for shipment are given when the order is placed, shipment shall be effected at our discretion.
3.3 Packaging shall be carried out at our discretion at the expense of the buyer and shall not be taken back. Packaging material (boxes and pallets) shall only be returned to us carriage paid at our request. In the event of usability, a credit note shall be issued in the amount of 2/3 of the price charged for it.
4. price and payment
4.1 Unless otherwise agreed, the prices are ex works including loading at the factory, but excluding packaging and unloading. Value added tax at the respective statutory rate shall be added to the prices. Any additional costs shall be borne by the buyer.
4.2 In the case of deliveries within the European Union, the purchaser must provide his VAT identification number in good time before the contractually agreed delivery date in order to prove his exemption from VAT. In the event of failure to provide timely and complete notification, we reserve the right to charge the applicable value added tax. In the case of deliveries outside the European Union, we shall be entitled to subsequently charge the statutory value added tax if the customer does not send us proof of export within one month of the respective dispatch.
4.3 In the absence of a special agreement, payment is to be made net to the account of Pure Flow Filtersysteme GmbH within 30 days without any deductions. In the case of an order value greater than € 2,500.00, 30 % down payment is to be made net on request after receipt of the order confirmation, the remaining amount is to be paid within 10 days of the invoice date with a 2 % discount on the remaining amount or 30 days net.
4.4 The acceptance of bills of exchange is not possible.
4.5 The customer shall not be entitled to withhold payments or to offset them against counterclaims.
4.6 In the event of non-punctual payment by the buyer, we shall be entitled to charge interest on arrears in the amount of 13% from the due date without setting a further deadline. We reserve the right to claim damages.
4.7 Pure Flow Filtersysteme GmbH offers the following payment options, whereby all additional costs, bank charges and other costs relating to payment transactions are to be borne by the buyer. CAD (cash against documents), Paypal, online payment service as well as settlement by bank transfer.
5 Delivery time and delay in delivery
5.1 The delivery time results from the agreements of the contracting parties. The adherence to the delivery time by Pure Flow Filtersysteme GmbH requires that all commercial and technical questions between the contracting parties have been clarified and that the customer has fulfilled all his obligations, e.g. the payment of a deposit.
e.g. the payment of a deposit. If this is not the case, the delivery period shall be extended accordingly. This does not apply if Pure Flow Filtersysteme GmbH is responsible for the delay.
5.2 Compliance with the delivery period is subject to correct and timely delivery to ourselves.
5.3 The delivery period shall be deemed to have been met if the delivery item has left the factory of Pure Flow Filtersysteme GmbH by the expiry of the delivery period or if notice of readiness for dispatch has been given. Insofar as acceptance is to take place, the acceptance date is decisive – except in the case of justified refusal of acceptance,
Alternatively, the notification of readiness for acceptance shall be decisive.
5.4 If the dispatch or acceptance of the delivery item is delayed for reasons for which the customer is responsible, the customer shall, starting one month after notification that the delivery item is ready for dispatch or acceptance, be charged for the costs incurred as a result of the delay.
the costs incurred due to the delay shall be charged to the customer, starting one month after notification of readiness for dispatch or acceptance.
5.5 If the non-observance of the delivery time is due to force majeure, labour disputes or other events which are beyond the control of Pure Flow Filtersysteme GmbH, the delivery time shall be extended accordingly.
the delivery time shall be extended accordingly. Pure Flow Filtersysteme GmbH will inform the customer of the beginning and end of such circumstances as soon as possible.
5.6 The customer can withdraw from the contract without setting a deadline if the entire performance becomes finally impossible for Pure Flow Filtersysteme GmbH before the transfer of risk. If the impossibility or
occurs during the delay in acceptance or if the purchaser is solely or predominantly responsible for these circumstances
for these circumstances, he remains obliged to counter-performance.
5.7 In all cases, the purchaser shall not be entitled to claim damages for non-performance or
6 Transfer of risk and acceptance
6.1 The risk is transferred to the buyer when the delivery item has left the factory, even if partial deliveries are made or if Pure Flow Filtersysteme GmbH provides other services, e.g. shipping costs.
other services, e.g. shipping costs or delivery and installation. Insofar as an
If an acceptance has to take place, this is decisive for the transfer of risk. It must be carried out immediately on the acceptance date. The customer may not refuse acceptance in the event of an insignificant
defect. Partial deliveries are permissible. Partial deliveries are permissible.
6.2 If the shipment or the acceptance is delayed or not carried out due to circumstances which cannot be attributed to Pure Flow Filtersysteme GmbH, the risk is transferred to the customer from the day of the notification of readiness for shipment or acceptance. Pure Flow Filtersysteme GmbH undertakes to take out the insurances requested by the customer at the customer’s expense.
7. retention of title
7.1 Pure Flow Filtersysteme GmbH reserves the right of ownership of the delivered goods until all payments resulting from the delivery contract have been received.
7.2 Pure Flow Filtersysteme GmbH is entitled to insure the delivery item against theft, breakage, fire, water and other damages at the expense of the customer, unless the customer has demonstrably taken out the insurance himself.
7.3 The customer may neither sell nor pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, the purchaser must inform Pure Flow Filtersysteme GmbH immediately.
7.4 In case of breach of contract by the customer, especially in case of default of payment, Pure Flow Filtersysteme GmbH is entitled to take back the delivery item after a reminder and the customer is obliged to hand it over. The assertion of the retention of title as well as the seizure of the delivery item by the supplier shall not be deemed a withdrawal from the contract.
7.5 The application for the opening of insolvency proceedings entitles Pure Flow Filtersysteme GmbH to withdraw from the contract and to demand the immediate return of the delivery item.
7.6 Should the goods be seized before the transfer of ownership or be subject to other interventions by third parties, we must be informed immediately in writing. If the third party is not in a position to reimburse us for the extrajudicial and/or judicial costs of a successful third-party action or other legal remedies, the contractual partner shall be obliged to compensate us for the resulting damage.
damage thereby incurred.
8.1 Pure Flow Filtersysteme GmbH warrants for material defects of the delivery under exclusion of further claims as follows:.
claims as follows:
Defects in delivered items must be reported immediately and will only be taken into account if they are reported to the seller in writing within 3 days of receipt of the goods by the buyer at the latest. Photos showing the defect shall be taken to preserve evidence. Complaints shall be excluded once processing or installation has commenced.
8.2 Minor deviations in quality, colour, weight or design that are customary in the trade or technically unavoidable are excluded from the complaint.
8.3 All parts which prove to be defective as a result of circumstances prior to the transfer of risk shall be repaired or replaced free of charge at the discretion of Pure Flow Filtersysteme GmbH. The determination of such defects must be reported to Pure Flow Filtersysteme GmbH in writing without delay. Replaced parts become the property of Pure Flow Filtersysteme GmbH.
8.4 The customer has to give Pure Flow Filtersysteme GmbH the necessary time and opportunity to carry out all repairs and replacements which appear necessary to Pure Flow Filtersysteme GmbH. Otherwise Pure Flow Filtersysteme GmbH is released from liability for the resulting consequences.
8.5 Pure Flow Filtersysteme GmbH will bear the costs of the replacement part of the costs incurred by the repair or replacement delivery – if the complaint proves to be justified.
8.6 The customer has the right to withdraw from the contract within the framework of the legal regulations, if Pure Flow Filtersysteme GmbH – taking into account the legal exceptions – allows a reasonable deadline set for the repair or replacement delivery due to a material defect to expire fruitlessly. If the defect is only insignificant, the Purchaser shall only be entitled to rectification of the defect or to a reduction of the contract price. The right to a reduction of the contract price shall otherwise remain excluded.
8.7 No warranty shall be assumed in particular in the following cases: Unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, improper maintenance, unsuitable operating materials, chemical or electrochemical or electrical influences – insofar as they are not the responsibility of Pure Flow Filtersysteme GmbH.
8.8 If the customer or a third party carries out improper repairs, Pure Flow Filtersysteme GmbH is not liable for the resulting consequences. The same applies to changes made to the delivery item without the prior consent of the supplier.
8.9 Further claims for damages of any kind, direct or indirect, are completely excluded. Until such time as the defect is recognised as justified by Pure Flow Filtersysteme GmbH – this is done in writing – the customer is liable for the proper storage and protection of the goods against damage.
8.10. If the delivery item cannot be used by the customer in accordance with the contract due to the fault of Pure Flow Filtersysteme GmbH as a result of omitted or faulty execution of suggestions and consultations made before or after the conclusion of the contract or due to the breach of other secondary contractual obligations, the provisions of sections 7 and 8.2 apply accordingly, to the exclusion of further claims by the customer.
8.11. In case of culpable violation of essential contractual obligations, Pure Flow Filtersysteme GmbH is also liable in case of gross negligence not involving executive employees and in case of slight negligence, in the latter case limited to the reasonably foreseeable damage typical for the contract. Further claims are excluded.
8.12. In the event of a complaint, the burden of proof shall lie with the customer in the event of conflicting views.
9. limitation period
9.1 All claims of the customer – for whatever legal reasons – shall become statute-barred after 12 months. In the case of intentional or fraudulent conduct and in the case of claims under the Product Liability Act, the statutory periods shall apply.
10 Applicable law and place of jurisdiction
10.1 All legal relations between Pure Flow Filtersysteme GmbH and the customer shall be governed exclusively by the law of the Federal Republic of Germany applicable to the legal relations between domestic parties.
10.2 The place of performance is Münchberg for buyers as well as for private persons and sellers. Place of jurisdiction is the court responsible for Fa. Pure Flow Filtersysteme GmbH 95030 Hof Saale, Germany. However, Fa. Pure Flow Filtersysteme GmbH is entitled to take legal action at the head office of the buyer.
10.3 In the event that individual provisions of this contract are or become invalid, the remaining provisions remain unaffected. Ineffective provisions shall be replaced by the statutory provisions.