Terms and Conditions

General Terms and Conditions of Sale and Delivery

1. Validity

1.1. The following terms and conditions apply exclusively to all contracts, deliveries and other services provided by SHP Wassertechnik GmbH, 39340 Haldensleben (“User”). The ‘contractual partner’ accepts these terms and conditions as binding for future deliveries and services upon acceptance and/or execution of an order or a purchase order.

1.2. Any deviating terms and conditions of the Contractual Partner are hereby rejected. They shall only be valid if and to the extent that they are accepted in writing by the User.

2. Prices, services

2.1. Prices are valid ex works plus statutory value added tax. The user shall indicate the statutory value added tax if the contractual partner is a consumer.

2.2. When calculating prices, the user assumes that the items on which the offer is based remain unchanged, that any necessary preparatory work has already been completed in full, and that the user can perform its services in one go, without hindrance. The User's quotations are based on the contractual partner's description of services, without knowledge of local conditions. 2.3. The agreed price shall increase accordingly if delivery takes place more than four months after conclusion of the contract in accordance with the contract and provided that the list price increases are due to interim increases in material prices, collectively agreed wage increases or increases in the cost of living. months after conclusion of the contract and insofar as the list price increases are attributable to interim increases in material prices, collectively agreed wage increases or increases in turnover tax and trade tax.

2.4. Unless otherwise agreed, the documents belonging to the offer (e.g. illustrations, drawings, calculations) are only approximate. Such information, as well as information about the performance and usability of the delivered products, and DIN standards, shall only be deemed a guarantee of quality within the meaning of Sections 434, 435 and 436 of the German Civil Code (BGB) if they are expressly agreed in the contract. >performance and usability of the delivered products, as well as DIN standards, shall only be deemed a quality guarantee within the meaning of Sections 434, 276 (1) of the German Civil Code (BGB) if the user expressly declares this in writing.

3. Shipping, shipping costs, packaging, risk transfer

3.1. Deliveries are made ex warehouse or ex works. Upon handover of the goods to the carrier – regardless of whether they are commissioned by the contractual partner, manufacturer or user – the risk of accidental loss or accidental deterioration of the goods shall pass to the contractual partner. At the request of the contractual partner, appropriate transport insurance shall be taken out and invoiced separately. 3.2. If the contractual partner is a consumer (§ 13 BGB), the risk shall pass to the contractual partner upon handover of the contractual item.

4. Dates for deliveries and services

4.1. Unless the user has made an express binding commitment, a delivery period shall only be deemed to have been agreed approximately.

4.2. The expiry of certain delivery periods and dates does not release the contractual partner who wishes to withdraw from the contract or claim damages from setting a reasonable grace period for the performance of the service or subsequent performance and from declaring that it will refuse the service or subsequent performance after expiry of the period. A grace period of six weeks is considered reasonable. The above does not apply in the event of a binding commitment. >he will refuse the service or subsequent performance after the expiry of the period. Six weeks shall be considered a reasonable grace period. The above shall not apply in the case of bindingly agreed delivery dates.

4.3. Agreed delivery periods may be reasonably exceeded by the user if unforeseen obstacles prevent timely fulfilment and if their elimination would only be possible for the user at disproportionate expense.

5. Warranty

5.1. Compliance with the contractual quality requires that the subject matter of the contract is used in a suitable, proper and careful manner, is professionally assembled and put into operation, and that modifications, maintenance and repairs are carried out professionally in accordance with the operating instructions, that the contractual partner observes the instructions in the operating instructions and that the spare parts and chemicals recommended by the user are used. >operating instructions, the contractual partner observes the instructions in the operating instructions and the spare parts, chemicals and dosing solutions recommended by the user are used. The subject matter of the contract is subject to natural wear and tear due to use or storage and may be exposed to weather and natural influences, in particular water.

5.2. In the event of delivery of obviously defective or damaged system components, shortfalls and incorrect deliveries, these must be reported to the user in writing within 8 days, or in the case of a purchase of consumer goods within the meaning of Section 474 (1) of the German Civil Code (BGB), within 2 months of delivery. The same applies to recognised defects, shortfalls and incorrect deliveries. Further obligations under Section 377 of the German Commercial Code (HGB) for commercial purchases remain unaffected.

5.3. In the event of justified complaints, subsequent performance shall be carried out at the user's discretion (repair or replacement delivery). If the subsequent performance fails or is unreasonable, the contractual partner may, at its discretion, reduce the remuneration (abatement), rescission of the contract (withdrawal) or – if only the repair fails – also demand a replacement delivery.

5.4. If the contractual partner is a merchant and only a single part of the system needs to be replaced, the user may demand that the contractual partner replace this part of the system, which is made available to him by the user, himself if the costs for sending a technician are disproportionately high.

5.5. In the case of the purchase of consumer goods, the statutory rule applies to the limitation period for warranty claims. Otherwise, the limitation period for contractual items other than construction products within the meaning of Section 438 (1) No. 2 of the German Civil Code (BGB) is one year.

5.6. Claims for compensation for damage that has not occurred to the goods themselves (consequential damage) are excluded in accordance with Section 8. Claims in cases of malice, intent and guaranteed characteristics remain unaffected.

6. Payment, offsetting, retention

6.1. Payments are due at the latest upon delivery of the goods or services and invoicing.

6.2. No discounts shall be granted on labour, packaging and freight costs.