The following terms and conditions apply exclusively to businesses, legal entities under public law and special funds under public law.<\/p>\n\n\n\n
3. We reserve the right to make technical and design deviations from descriptions and specifications in brochures, quotations and written documents, as well as changes to performance, design and materials in the course of technical progress, without the customer being able to derive any rights therefrom. Information regarding our products (technical data, dimensions, etc.) is approximate only; they do not constitute a guaranteed quality, unless a guarantee is expressly provided in writing.<\/p>\n\n\n\n
4. We reserve ownership rights and copyright in samples, drawings, cost estimates, etc. \u2013 including those in electronic form. They must not be made available to third parties without authorisation and must be returned immediately upon request.<\/p>\n\n\n\n
1. Our prices apply to the scope of services and delivery specified in the order confirmations. Additional or special services will be invoiced separately.<\/p>\n\n\n\n
2. Prices are quoted ex works, excluding packaging, freight, insurance and unloading. Value added tax at the applicable statutory rate shall be added to the prices. For export deliveries, customs duties, fees and other public levies shall be added.<\/p>\n\n\n\n
3. Prices apply only to the order confirmed in writing.<\/p>\n\n\n\n
Should the applicable prices of our suppliers or other costs relating to our products rise between the conclusion of the contract and delivery, we are entitled to increase the agreed prices accordingly.<\/p>\n\n\n\n
4. Unless otherwise agreed in writing, payments are to be made in cash or by bank transfer within 10 days of the invoice date, without deduction.<\/p>\n\n\n\n
In the case of new customers or customers in arrears<\/p>\n\n\n\n
\u2013 including from other transactions \u2013 we are authorised, at our discretion, to deliver against advance payment; clause IV. para. 9 of these terms and conditions applies to any refusal to accept delivery. Any deviating terms and conditions are only valid in writing.<\/p>\n\n\n\n
5. The customer\u2019s rights to set-off and retention are excluded, unless the counter-claim is undisputed, has been legally established or has been acknowledged by us.<\/p>\n\n\n\n
1. Deliveries are made ex works D-91795 Dollnstein.<\/p>\n\n\n\n
2. The performance and delivery times quoted by us are non-binding and subject to change.<\/em><\/strong> Agreements regarding a binding performance or delivery time must be made in writing. Our timely performance is conditional upon all commercial and technical matters between the customer and us having been clarified, and the customer having fulfilled all obligations incumbent upon them, such as obtaining the necessary official approvals or making a down payment or advance payment.<\/p>\n\n\n\n 3. Our delivery time is deemed to have been met<\/em><\/strong>,<\/p>\n\n\n\n if our product has left the factory by the end of this period<\/p>\n\n\n\n or we have notified the customer that the goods are ready for dispatch (notification of readiness for dispatch).<\/p>\n\n\n\n Where acceptance is required, the acceptance date shall be decisive; this shall not apply in the event of a justified refusal of acceptance.<\/p>\n\n\n\n 4. If we are unable to deliver on time<\/u><\/strong>, we shall inform the customer immediately.<\/p>\n\n\n\n 5. If we are not responsible<\/u><\/em><\/strong>for the delay<\/u><\/em>, such as in the case of energy shortages, import difficulties, operational or transport disruptions, strikes, force majeure or delays on the part of our suppliers or subcontractors, the performance or delivery period shall be extended accordingly. If we are still unable to fulfil our obligations even after such a reasonable extension, both the customer and we are entitled to withdraw from the contract. Claims for damages by the customer are excluded.<\/em><\/strong><\/p>\n\n\n\n 6. If we are responsible for the delay,<\/p>\n\n\n\n the customer may withdraw from the contract in accordance with the statutory provisions. If the customer suffers loss as a result of the delay, they are entitled to claim reasonable, lump-sum compensation.<\/p>\n\n\n\n This shall amount to 0.5 per cent for each full week of delay, but in total not exceeding 5 per cent of the value of that part of the service which, as a result of the delay, cannot be used on time or in accordance with the contract.<\/p>\n\n\n\n 7. The customer must inspect the service immediately to ensure it complies with the terms of the contract.<\/p>\n\n\n\n Digital content<\/strong><\/u><\/strong><\/p>\n\n\n\n 1. Where our deliveries or services contain digital elements (e.g. software, firmware, control systems, cloud or online services), we shall provide these in the version current at the time of the passing of risk and in accordance with the contract.<\/em><\/p>\n\n\n\n 2. We may provide functional, security and compatibility updates to the extent necessary to maintain the agreed quality. The customer is obliged to install such updates without delay or to enable their installation. Should the customer fail to do so, we shall not be liable for any resulting defects.<\/em><\/p>\n\n\n\n 3. Additional digital services shall be provided only to the extent and for the duration agreed in the contract. An obligation to provide ongoing updates or enhancements shall only exist if this has been expressly agreed.<\/em><\/p>\n\n\n\n 4. We accept no liability for disruptions or failures of digital services that are beyond our control (e.g. internet connection, third-party servers). The customer is obliged to back up and maintain their systems properly.<\/em><\/p>\n\n\n\n Obvious discrepancies<\/u><\/strong>,<\/p>\n\n\n\n including short deliveries and defects covered by the warranty, must be reported to us in writing within 24 hours of receipt, providing a detailed account of the facts.<\/p>\n\n\n\n Hidden discrepancies<\/strong><\/u><\/strong><\/p>\n\n\n\n must be reported in the same manner, but no later than 5 working days after they become apparent. Failure by the customer to comply with their obligation to inspect and give notice of defects shall result in our performance being deemed to be in accordance with the contract.<\/p>\n\n\n\n 8. Obvious damage or losses attributable to transport must be reported to us in writing<\/em><\/strong> immediately upon acceptance of the goods, together with a detailed description of the facts (photographs, documentation). If the customer fails to carry out the relevant acceptance inspection, acceptance shall be deemed to have taken place and our performance shall be deemed to be in order.<\/p>\n\n\n\n Subsequent complaints are excluded.<\/u><\/em><\/p>\n\n\n\n 9. We shall only accept returns following written authorisation and carriage paid; otherwise, we are entitled to refuse acceptance and return the goods at the customer\u2019s risk and expense. The costs incurred by us in handling and processing the return shall be borne by the customer.<\/p>\n\n\n\n 1. Risk passes to the customer as soon as the product has left our factory or distribution centre. This also applies if we undertake further services, such as shipping costs or delivery. Where acceptance is required, risk passes upon acceptance.<\/p>\n\n\n\n 2. If dispatch or acceptance is delayed or fails to take place due to circumstances for which the customer is not responsible, the risk shall pass to the customer as soon as we have notified them that the goods are ready for dispatch or acceptance (notification of readiness for dispatch).<\/p>\n\n\n\n 3. We undertake to insure the product at the customer\u2019s express request and at their expense.<\/p>\n\n\n\n 1. The product delivered by us remains our property until full payment has been made (goods subject to retention of title).<\/p>\n\n\n\n 2. The customer shall hold the goods subject to retention of title in safekeeping for us free of charge.<\/p>\n\n\n\n 3. The customer is entitled to process and sell the goods subject to retention of title in the ordinary course of business until the event triggering realisation (paragraph 8) occurs. Pledging and transfer of ownership by way of security are not permitted.<\/p>\n\n\n\n 4. If the goods subject to retention of title are processed by the customer, it is agreed that the processing shall take place in our name and for our account as the manufacturer, and that the customer shall immediately acquire ownership or \u2013 if the processing involves materials from several owners or if the value of the processed item exceeds the value of the goods subject to retention of title \u2013 the customer shall acquire co-ownership (fractional ownership) of the newly created item in the ratio of the value of the goods subject to retention of title to the value of the newly created item. In the event that we do not acquire such ownership, the customer hereby assigns to us, by way of security, their future ownership or \u2013 in the aforementioned proportion \u2013 co-ownership of the newly created item. If the goods subject to retention of title are combined with other items to form a single item and are inseparably mixed, and if one of the other items is to be regarded as the principal item, the customer shall, insofar as the principal item belongs to them, transfer to us a proportionate share of co-ownership of the single item in the ratio specified in the first sentence.<\/p>\n\n\n\n 5. In the event of the resale of the goods subject to retention of title, the customer hereby assigns to us, by way of security, the resulting claims against the purchaser \u2013 in the case of our co-ownership of the goods subject to retention of title, on a pro rata basis in accordance with our share of co-ownership. The same applies to any other claims that take the place of the goods subject to retention of title or otherwise arise in connection with the goods subject to retention of title, such as insurance claims or claims arising from tort in the event of loss or destruction. We revocably authorise the customer to collect the claims assigned to us in their own name on our behalf. We may revoke this authorisation to collect only in the event of realisation.<\/p>\n\n\n\n 6. If third parties take action against the goods subject to retention of title, in particular by way of attachment, the customer shall immediately draw their attention to our ownership and inform us thereof, in order to enable us to enforce our ownership rights. If the third party is unable to reimburse us for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable to us for these costs.<\/p>\n\n\n\n 7. Upon request, we shall, at our discretion, release the goods subject to retention of title, as well as any items or claims substituted for them, insofar as their value exceeds the amount of the secured claims by more than 50 per cent.<\/p>\n\n\n\n 8. If the customer falls into arrears with a due instalment, in full or to a significant extent, for more than 10 days, and a reasonable payment deadline set by us has elapsed without result, we may demand that the customer surrender the goods subject to retention of title, even without having previously declared our withdrawal from the contract. The same applies if an application for insolvency is filed in respect of the customer\u2019s assets and is not withdrawn within 10 days. If the customer fails to comply with the demand for surrender, or if there is a risk of loss or destruction of the goods subject to retention of title, we are entitled to take possession of the goods subject to retention of title. To this end, we may enter the premises where the goods subject to retention of title are located. The customer shall bear the costs of repossession. We may dispose of the repossessed goods subject to retention of title on the open market and to the best of our ability. To the extent that the proceeds exceed our secured claim, they shall be payable to the customer.<\/p>\n\n\n\n 9. We are entitled to insure the goods subject to retention of title against theft, breakage, fire, water damage and other damage at the customer\u2019s expense, unless the customer provides us with evidence that they have taken out appropriate insurance themselves. The customer hereby assigns to us, with immediate effect, all claims against the insurer.<\/p>\n\n\n\n 1. Our liability extends to ensuring that our products are free from defects in accordance with the state of the art. Our liability is excluded:<\/em><\/strong><\/p>\n\n\n\n a) if the goods were not properly inspected and any defects not reported at the time of acceptance (Clause IV, paragraph 7)<\/p>\n\n\n\n b) if our products are not properly stored, installed, commissioned or used by the customer or third parties,<\/p>\n\n\n\n c) in the case of natural wear and tear,<\/p>\n\n\n\n d) in the case of improper maintenance,<\/p>\n\n\n\n e) in the case of the use of unsuitable operating materials,<\/p>\n\n\n\n f) in the case of damage caused by repairs or other work carried out by third parties which has not been expressly authorised by us.<\/p>\n\n\n\n 2. The customer must inspect the product immediately upon receipt.<\/p>\n\n\n\n Any apparent defects must be reported to us immediately, but no later than 24 hours after receipt of the product or \u2013 if the defect only becomes apparent at a later date<\/p>\n\n\n\n \u2013 immediately upon discovery in writing<\/em><\/strong>. If this is not done, the product shall be deemed to have been accepted.<\/p>\n\n\n\n 3. Our statutory liability for defects is limited to subsequent performance, i.e. at our discretion, rectification of the defect or replacement delivery.<\/p>\n\n\n\n The customer must give us sufficient opportunity to carry out subsequent performance without delay; otherwise, we shall be released from liability for the resulting consequences.<\/p>\n\n\n\n Only in urgent cases, such as to ensure operational safety or to prevent disproportionately severe damage, may the customer remedy the defect themselves or have it remedied by third parties and demand reimbursement from us for the necessary expenses. In all cases, the customer must return the replaced parts to us (see Section IV, paragraph 9).<\/p>\n\n\n\n 4. If rectification has failed, the customer is entitled to reduce the consideration or \u2013 in the case of significant defects \u2013 to withdraw from the contract; this right of withdrawal does not apply to construction works.<\/p>\n\n\n\n 5. In the case of newly manufactured goods and works, including the associated planning and supervision services, we shall be liable for a period of one year from delivery or acceptance. Excluded from this are structures, including the associated planning and supervision services, as well as building materials, provided they are incorporated into the work; for these services, the statutory limitation period applies, unless the General Terms and Conditions for the Execution of Construction Works (VOB\/B) are incorporated in their entirety.<\/p>\n\n\n\n 6. In the case of the sale of second-hand products, our liability is generally excluded.<\/p>\n\n\n\n 7. Any further claims by the customer for defects beyond those set out in clauses 3 to 5 above are excluded. We are therefore not liable for damage that has not occurred to the product itself, nor for any other financial loss suffered by the customer.<\/p>\n\n\n\n 2. All limitations of liability set out in these Terms and Conditions shall not apply:<\/p>\n\n\n\n a) in the event of wilful misconduct or gross negligence on our part or on the part of our vicarious agents,<\/p>\n\n\n\n b) in the event of personal injury,<\/p>\n\n\n\n c) in the event of damage arising from the absence of a quality which we have guaranteed,<\/p>\n\n\n\n d) in the event of claims under the Product Liability Act.<\/p>\n\n\n\n 1. The law of the Federal Republic of Germany shall apply.<\/p>\n\n\n\n The UN Convention on Contracts for the International Sale of Goods is excluded!<\/strong><\/p>\n\n\n\n 2. The place of jurisdiction for all disputes arising between the parties from the contractual relationship shall be the registered office of our company, provided that the customer is a trader, a legal person under public law or a special fund under public law.<\/p>\n\n\n\n The invalidity of individual provisions shall not affect the validity of the remaining provisions. Should any of the above terms and conditions be invalid, a provision corresponding as closely as possible to the economic purpose of these terms and conditions shall be deemed to have been agreed.<\/p>\n\n\n\n <\/p>\n","protected":false},"excerpt":{"rendered":" General Terms and Conditions of ratiotherm GmbH & Co. KG I. Scope The following terms and conditions apply exclusively to businesses, legal entities under public law and special funds under public law. II. Conclusion of Contract, Content of Contract 3. 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KG I. Scope The following terms and conditions apply exclusively to businesses, legal entities under public law and special funds under public law. II. Conclusion of Contract, Content of Contract 3. 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Transfer of Risk, Insurance<\/h2>\n\n\n\n
VI. Retention of Title<\/h2>\n\n\n\n
VII. Claims for Defects (Warranty)<\/h2>\n\n\n\n
VIII. Liability<\/h2>\n\n\n\n
\n
IX. Governing Law; Jurisdiction<\/h2>\n\n\n\n
X. Final Provision<\/h2>\n\n\n\n