GENERAL TERMS AND CONDITIONS
General terms and conditions
These Terms and Conditions apply in their current applicable version (as may be amended from time to time) to all business arrangements between the company FILLING EVOLUTION GmbH and its customers.
The following Terms and Conditions apply to all contracts, deliveries and other services. We hereby expressly repudiate the contrary provisions of our contractual partner. All additional agreements must be signed in writing by us.
FILLING EVOLUTION GmbH is entitled, at any time and upon giving reasonable notice, to amend or supplement these Terms and Conditions including any relevant annexes. Contracts already entered into will be processed in accordance with the previous Terms and Conditions applicable at that time.
Offers are always made without obligation; the conclusion of contracts and other agreements will only be binding upon the written confirmation of the seller. Oral ancillary agreements or assurances, extending over and beyond the written purchase agreement must always be confirmed in writing by the seller. Unless otherwise agreed, the documents accompanying the offer, such as images, drawings, information concerning weights and dimensions should only be regarded as being approximate.
Each catalogue/price list becomes invalid upon the issue of the new edition.
2.1. Internet orders
The customer can order the required goods/services by entering all the details in the order template or order form and sending it. The contract comes into existence if FILLING EVOLUTION GmbH or any relevant third-party supplier, accepts this offer. It is not necessary to make a declaration of acceptance to the customer; the customer waives this within the definition of Section 151 sentence 1 German Civil Code (BGB).
The internet customer confirms its acceptance of the T&Cs before placing the order. With simple orders or orders using the order form, the customer will acknowledge the T&Cs.
The delivery and payment conditions of FILLING EVOLUTION GmbH are set out on the price lists. There is no minimum order quantity. We reserve the right to make part deliveries if this appears expedient for the swift processing of the order. Special modes of shipment requested by our customers will be charged the usual applicable surcharge for the location.
4. Delivery times
Goods in stock will be dispatched within 14 days (we assume no liability for problems relating to transport). We will of course deliver earlier, where possible. If the goods are not in stock when the order is received, we will make every effort to effect delivery as quickly as possible. The delivery period will be extended to a reasonable extent if the time for delivery or service is not satisfied due to reasons of force majeure, industrial action, unforeseen impediments or any other circumstances for which we are not responsible. If the delivery period is not satisfied for reasons other than those aforementioned, the purchaser will be entitled to stipulate a reasonable additional period in writing for contractual performance accompanied by a threat of cancellation, and, if this additional period expires without performance of the contractual supply or service, it will be entitled to cancel the contract. If the impossibility of delivery is due to the incapacity of the manufacturer or our own suppliers, both we and the purchaser may rescind the contract if the agreed delivery date is exceeded by more than 2 months. Claims for damages resulting from delay or impossibility or non-performance are excluded, including claims relating to the rescission of the contract. The foregoing exclusion does not apply in the event that a legal agent of FILLING EVOLUTION GmbH has acted deliberately or in a grossly negligent manner.
5. Prices and payment
As a rule we make deliveries on the basis of payment in advance. With certain customers an agreement may be made for an alternative mode of payment. Payments will be made solely in Euro. The prices stated are always net prices and therefore do not include the current valid rate of VAT.
With regard to the payment of the invoice, unless other expressly agreed, the amount must be received within 21 days of the invoice date in such a way that the agreed settlement amount is at the disposal of the seller no later than by the due date.
In the event that payment is not received within the stipulated payment period or if the payment made is incomplete, the purchaser will be in default of payment without requirement for the issue of any reminder. Irrespective of its other claims, the seller is entitled, from the due date, to demand default interest at the rate of 2% over the applicable discount rate of the European Central Bank.
Payments for repairs are payable immediately without discount.
Early payment discounts will not be granted if the purchaser is in arrears with the payment of previous deliveries and such discounts may not be deducted by the purchaser. The purchaser is not permitted to set off its counterclaims if these are disputed by the seller. The purchaser may only exercise a right of retention if its counterclaims relate to the same contractual relationship and said claims are acknowledged by the seller or have been upheld by a final court judgement. In the event of a claim being raised in respect of a reported fault, the purchaser may withhold payments to an extent reasonably in proportion to the fault that has arisen.
6. Cancellation/return consignment
The customer is entitled to revoke its declared intention to enter into a contract, provided the said revocation is issued within 14 days of having received the goods.
Please use the reverse side of the invoice copy to briefly note the reason why the goods are being returned.
The restricted cancellation period is satisfied if the goods are consigned within this time. Please return the goods by parcel service and ensure sufficient postage is paid. If the value of the goods exceeds 50.00 EUR, please be sure to retain the proof of postage. At the purchaser’s option we will either reimburse the purchase price (possibly plus the shipment costs) or perform an exchange following the return consignment of flawless, unused goods in accordance with our conditions.
We will also reimburse you with the shipment costs of the return consignment in accordance with Section 357 BGB provided the following conditions are fulfilled:
* The return consignment is sent from a German delivery address.
* Within 14 days following receipt of the goods you have cancelled the purchase agreement in writing or by email or you have returned the goods to us.
* The order value exceeds 100.00 EUR.
To make the process as quick and simple as possible, we ask that you contact us at telephone number +49-351 804 87 26 during our opening times. Where possible we will arrange our parcel service to collect the goods.
In the event of cancellation, FILLING EVOLUTION GmbH will reimburse the customer with any purchase price already paid. For bank transfers to a foreign account we will only retain the transfer charges. Any use of the goods prior to the cancellation of the contract will be subject to the statutory provisions.
The right of cancellation in this regard is not available for customised goods.
6.1. Diminution of value
Please note that traces of use may require the lost value to be compensated, i.e. a deduction will be performed in respect of the purchase price. You can avoid the obligation to pay for a diminution in value by not using the goods in the manner of an owner and by desisting from anything that could impair their value.
7. Shipment and transfer of risk
Goods are shipped at the risk of the purchaser, unless a contrary agreement has been made. Unless otherwise agreed the seller has discretion in choosing the mode and route of shipment. The goods may be insured at the cost of the purchaser. Otherwise the risk passes to the purchaser upon hand-over of the goods to a carrier or shipper, but in any case no later than the time the goods leave the works or warehouse. Where orders are fulfilled by third-party companies, the risk passes to the purchaser when the goods leave the works or warehouse of the seller’s sub-supplier/-s. The foregoing provisions apply in accordance with carriage-paid, FOB or CIF.
8. Procedure in the event of transport damage occurring
If a parcel arrives visibly damaged, it must be opened in the presence of the parcel deliverer. The parcel deliverer will issue a damage confirmation note. In the case of non-apparent transport damage, i.e. damage that the customer only identifies after opening the package, we ask you to promptly contact us at telephone number +49-351 804 87 26 during our opening times. We will take care of everything else. Failure to follow this procedure will prevent damage from being properly settled.
FILLING EVOLUTION GmbH warrants that, at the time of their sale, the goods are free from material and production faults and that the contractual assured characteristics are fulfilled. The customer is required to examine goods promptly upon arrival to check for faults and ascertain the characteristics. If visible faults are identified these must be reported to us in writing within 10 days after discovery; the same applies in respect of concealed faults. Otherwise the warranty for these faults is extinguished.
The warranty for our Nassenheider articles is valid for 1 years following delivery. For articles sourced from third-party suppliers, the manufacturer’s warranty conditions apply.
In addition the warranty for fill-up devices is restricted to a pumped volume of 15,000 litres. In the event of complaints arising, the date of purchase must be proven with an invoice. The article to which the complaint relates must be returned postage paid with a copy of the invoice.
The warranty does not extend to normal wear and tear or the impacts of use. The warranty will be extinguished if the customer modifies the delivered goods.
For the time that the warranty duty is valid, FILLING EVOLUTION GmbH is entitled to perform subsequent improvement free of charge. It is permissible to partially or wholly exchange the article.
If faults are not eliminated within a reasonable period, the purchaser will be entitled to rescission of the contract or to a diminution of the price. Section 476a German Civil Code (BGB) applies.
The warranty for dosage machines will be extinguished if the customer fills the device with a medium not expressly approved by us beforehand for this machine.
If a customer (including resellers) orders a device without informing us of the medium to be filled, it will do so at its own risk.
10. Retention of Title
FILLING EVOLUTION GmbH retains ownership of the delivered goods until complete payment has been received. If the purchaser is in default of payment, FILLING EVOLUTION GmbH is entitled to cancel the agreement and demand surrender of the delivered goods. The purchaser simultaneously undertakes to perform the surrender.
In case of liens or other third-party interference, the purchaser is duty bound to promptly inform the seller of this fact.
11. Data storage
In accordance with Section 28 of the Federal Data Protection Act (BDSG) we hereby make it known that data required for processing business transaction will be processed and stored in an IT system within the definition of Section 33 BDSG. Personal data will of course be handled in a confidential manner.
FILLING EVOLUTION GmbH may also use personal data for the purpose of arranging a creditworthiness check. This information is provided in accordance with the regulations contained in Section 33.1 BDSG.
The place of performance for both contractual parties is the registered address of FILLING EVOLUTION GmbH. Disputes arising from this contract between the two parties will be heard before that court with jurisdiction over the registered address of FILLING EVOLUTION GmbH. The law of the Federal Republic of Germany shall apply exclusively.