I. Conditions of delivery
§ 1 General
1. Our terms of delivery apply exclusively. General terms and conditions conflicting with, deviating from, or amending our terms of delivery will not be recognized, even if in their knowledge these general terms and conditions are not expressly rejected and/or delivery is completed without proviso.
2. These terms of delivery apply to all present and future business transactions..
3. A consumer in terms of these terms of delivery is any physical person that enters legal business for a purpose that can be attributed neither to their employment nor to their self-employed occupational activity (§ 13 BGB).
A business person in terms of these terms of delivery is a physical person or legal entity or corporate partnership that enters a legal transaction as part of their employed or self-employed occupational activity (§ 14 BGB).
As far as the term „Purchaser” is used in the following terms of delivery, this term refers to both consumers and business persons.
§ 2 Offer and completion
1. Our offers are submitted without commitment. Technical changes as well as changes of individual materials with regard to shape and/or color reserved as far as reasonable.
2. By placing the order, the Purchaser declares bindingly their intention to purchase the ordered item..
The offer is regarded as accepted only at the moment when an order conformation is sent or the ordered components are delivered. Subsidiary agreements or assurances shall be put down in writing.
3. Weber Hochwasserschutzsysteme reserves the property rights and copyrights over any quotations, drawings and similar documentation.
§ 3 Prices and terms of payment
1. Prices are given exclusive of VAT, which is stated separately.
2. Costs incurred due to changes of the kind/scope of the delivery requested by the Purchaser after receipt of the order confirmation and/or due to fulfillment of retroactive or unforeseeable official conditions and requirements are invoiced separately, too, from the offered purchase price.
3. Cash discounts require a separate written agreement.
4. In the absence of any other agreement, the purchase price is due for payment without deduction within 10 days from the date of the invoice. Otherwise the statutory rules regarding delayed payment shall apply.
5. Weber Hochwasserschutzsysteme is entitled to demand an installment payment of 30 % of the contract value. The installment payment is requested by Weber Hochwasserschutzsysteme and must be rendered by the Purchaser within 10 days from receipt of the payment request.
6. The Purchaser shall be entitled to offset payments only if their counterclaims are established by due legal process, undisputed or acknowledged by us.
7. The Purchaser is entitled to exercise rights of retention only to the extent that their counterclaim is based on the same contractual relationship.
§ 4 Delivery periods
1. The delivery date is agreed according to the prospective capacities of Weber Hochwasserschutzsysteme, without commitment and subject to timely deliveries by our own suppliers and unforeseen conditions and obstacles.
2. The Purchaser can demand delivery from the seller six weeks after passing of a non-committal delivery date or a non-committal delivery period The seller is in default from the moment of receipt of this demand from the Purchaser. If a consumer is entitled to compensation for damage caused by delay, in case of slight negligence on the part of the seller this entitlement is limited to a maximum of twice (2 times) the value of the respective contract object. In case of slight negligence the compensation en lieu of services rendered is limited to a maximum of 4 times the value of the contract object. Entitlements to compensation on the part of a business person are excluded in case of slight negligence.
3. The delivery period is appropriately extended in the event of unforeseeable obstacles beyond he responsibility of Weber Hochwasserschutzsysteme, e.g. force majeure, business disruption or delivery delays on the part of sub-suppliers. The Purchaser shall be informed immediately of the cause and prospective length of the delay.
If the obstruction is expected not to end within reasonable time, both the Purchaser and Weber Hochwasserschutzsysteme may withdraw from the contract completely or partially.
§ 5 Retention of property title
1. Weber Hochwasserschutzsysteme shall retain the property rights on the supplied item(s) until full payment of the purchase price. If the Purchaser behaves contrary to the contract, especially by delaying payment, Weber Hochwasserschutzsysteme is entitled, after appointment of an appropriate payment date, to withdraw from the contract and demand the return of the purchase item(s).
2. The Purchaser must immediately inform Weber Hochwasserschutzsysteme in case of garnishment, other interventions by third parties or damage or destruction of the purchase item(s).
§ 6 Warranty and liability
1. The Purchaser, if they are a business person, is entitled to claims based on defects only if they properly fulfilled their duty of inspection and notice according to § 377 des Handelsgesetzbuches ordnungsgemäß nachgekommen ist.
2. If the Purchaser is a business person, Weber Hochwasserschutzsysteme is entitled to choose between subsequent performance in the form of remedy of the defect or supply of replacement.
If the Purchaser is a consumer, the Purchaser has first choice between subsequent performance in the form of remedy of the defect or supply of replacement. However, Weber Hochwasserschutzsysteme is entitled to refuse the chosen kind of subsequent performance if such performance is only possible at unreasonable costs and the alternative form of subsequent performance does not involve substantial disadvantages for the Purchaser.
3. The product description of the component manufacturer is accepted as agreed only if the Purchaser is a business person. Apart from that, public statements, boasts or advertisements by the component manufacturer do not constitute a contractual statement of the properties and condition of the goods.
4. Weber Hochwasserschutzsysteme is liable according to statutory regulations as far as the Purchaser claims compensation based on intent or gross negligence, or on intent or gross negligence on the part of a representative or vicarious agent of Weber. Insofar as Weber Hochwasserschutzsysteme is not accused of grossly negligent dereliction of duty, the liability for compensation is limited to the typical damage incurred or up to a maximum of 10 times the value of the object of the order.
Weber Hochwasserschutzsysteme is liable, limited to the typical damage incurred, according to statutory regulations as far as an essential contractual obligation was culpably.
Liability for culpable violations of the life, body or health and liability according to the Produkthaftungsgesetz (Product Liability Act) remain unaffected.
5. The period of limitation for claims for defects submitted by the Purchaser, as far as they are not subject to the period of limitation acc. to § 438 Abs. 1 Nr. 2 BGB is 1 year from the date of delivery if the Purchaser is a business person and has complied with their duty of notice as set out under section 1.
If the Purchaser is a consumer, the period of limitation for claims for defects as far as they are not subject to the period of limitation acc. to § 438 Abs. 1 Nr. 2 BGB is 2 years from the date of delivery.
6. The Purchaser does not obtain guarantees in the legal sense from Weber Hochwasserschutzsysteme. Manufacturers' warranties are unaffected by this.
§ 7 Limitations of liability
1. Concerning other claims for compensation, Weber Hochwasserschutzsysteme is liable in cases of slightly negligent dereliction of duty only for the typical damage occurring according the type of the purchased goods. This also applies to slightly negligent derelictions of duty by the legal representatives or vicarious agents of Weber Hochwasserschutzsysteme.
Liability in cases of slightly negligent breaches of collateral duties is excluded if the Purchaser is a business person.
2. Liability for culpable violations of the life, body or health remain unaffected, as well as liability according to the Produkthaftungsgesetz (Product Liability Act).
§ 8 Final provisions
1. The applicable law is the law of the Federal Republic of Germany. The stipulations of UN Sales Law do not apply.
2. If the Purchaser is a business person, the legal for all conflicts arising from this contract is agreed to be the address of record of Weber Hochwasserschutzsysteme.
3. As far as other provisions of the contract, including these Terms of Delivery, should be or become ineffective completely or in part, the validity of all other provision remains unaffected by this. The provision that is completely or partly ineffective shall be replaced by a provision whose economic outcome would be as close as possible to the outcome of the ineffective provision.
II. Terms of installation
The sealing systems on basement doors, basement windows and entrance doors are installed by the Purchaser, if required. For this purpose, the Purchaser receives an installation manual.
The drill holes, anchoring hooks, rails, etc. are put into place by Weber Hochwasserschutzsysteme, as part of our installation service. For this installation service in conjunction with the terms of delivery, the following conditions apply:
§ 1 Installation requirements
1. Depending of the scope of delivery, one or several specialist technicians will be made available by Weber Hochwasserschutzsysteme. For these specialist technicians an agreed, sufficient number of assistants have to be made available without reciprocal charging.
2. The Purchaser has to ensure that the installation can be carried out at the agreed date, especially that all necessary preliminary work, such as masonry, plastering, stemming or flooring work, has been completed, and that the masonry will generally withstand the strains of installation.
3. The Purchaser must provide information on existing safety regulations, if applicable, especially with regard to welding work, smoking restrictions, safety apparel, etc. If the Purchaser culpably breaches this duty (including through slight negligence) and if damage results from this breach of duty, the Purchaser must indemnify Weber Hochwasserschutzsysteme from any obligation of compensation for such damage.
§ 2 Work on hourly rates
1. If an installation is carried out not on flat-rate basis, but according to the amount of work, the installation work is invoiced according to an hourly rate, plus any travel costs, freight charges, cost of provision of tools, etc.
2. Invoicing and payment has to be carried out according to § 3 of the Terms of Delivery.
§ 3 Acceptance
1. On completion of the installation service, the Purchaser has the right and the duty, to accept the service in a written installation protocol.
2. The acceptance becomes effective when the Purchaser confirms the installation service in writing on the order confirmation or if the Purchaser, contrary to their duty to do so, fails to accept the installation service within a reasonable period determined by Weber Hochwasserschutzsysteme.
3. From the moment of acceptance, there will be no claims of defects against Weber Hochwasserschutzsysteme concerning known defects acc. to § 634 No. 1 to No. 3 BGB, provided the Purchaser does not reserve their rights regarding such defect in the course of acceptance.
§ 4 Limitation of time
Purchaser's claims for defects arising from the installation shall laps after one year from acceptance. The period of limitation acc. to § 634a Abs. 1 Nr. 2 BGB (5 years) remains unaffected.