General Terms & Conditions (GTC)

translated from german version:
Scope:
Our following terms and conditions, which are accepted when the order is placed, apply exclusively to all deliveries. We hereby expressly object to conflicting purchasing conditions of the customer. They are also not considered accepted if we do not object to them after receipt of an order. Acknowledgment of the customer's purchasing conditions requires our express written confirmation.

 

Offer:
The documents belonging to an offer, such as illustrations, drawings, weights and dimensions, are only approximately authoritative unless they are expressly designated as binding. Fluidtechnik Fiedler GmbH reserves the right of ownership and copyright to cost estimates, drawings and other documents, they may not be made accessible to third parties.

Conclusion of contract:
Orders from the customer must be in writing. The order confirmation from Fluidtechnik Fiedler GmbH is decisive for the scope of the delivery. Subsidiary agreements and changes require the written confirmation of the issue.

Delivery:
The delivery period begins when the order confirmation is sent, but not before the customer has provided the documents, approvals, releases, delivery parts to be obtained and before receipt of an agreed down payment. The delivery period is met if the delivery item has left the factory by the end of the period or readiness for dispatch has been notified. Deadlines for deliveries are only binding if they are confirmed in writing by Fluidtechnik Fiedler.

Fluidtechnik Fiedler GmbH reserves the right to make partial deliveries if this appears advantageous for speedy processing. Partial deliveries that have been made and calculated are to be regulated within the framework of our terms of payment. Fluidtechnik Fiedler GmbH is entitled to stop further deliveries for the duration of a payment arrears on the part of the customer; the resulting delay in delivery is not at our expense.

The delivery period is extended appropriately in the event of industrial disputes and the occurrence of unforeseen events that are beyond our control, insofar as such obstacles can be proven to have an influence on the completion or delivery of the delivery item.

If the customer incurs damage due to a delay that occurred as a result of fault on the part of Fluidtechnik Fiedler, he is entitled to demand compensation for delay to the exclusion of further claims. It is 0.5% for each full week of delay, but no more than 5% of the value of that part of the total delivery that cannot be used on time or in accordance with the contract as a result of the delay.
If shipping is delayed at the request of the customer, he will be charged 0.5% of the invoice amount for each month starting 14 days after notification of readiness for shipping, for storage at the Fluidtechnik Fiedler GmbH factory.

transfer of risk:
In any case, the risk is transferred to the customer at the latest when the delivery parts are dispatched, even if Fluidtechnik Fiedler GmbH has only assumed ancillary services, such as the dispatch costs, delivery and/or installation.
If shipping is delayed as a result of circumstances for which the customer is responsible, risk is transferred to the customer from the day the goods are ready for shipment.

Packing / Freight:
Fluidtechnik Fiedler GmbH is liable for proper packaging, which will be charged. Delivery is at the expense of the customer from the manufacturer's works.

warranty:
Fluidtechnik Fiedler GmbH is liable for defects in the delivery, which also include the lack of a guaranteed property, to the exclusion of further claims, notwithstanding the section “Customer’s right to withdraw” as follows:
The customer's right to assert claims for defects expires in all cases after 12 months.
Fluidtechnik Fiedler is obliged to repair or replace all those parts free of charge at its reasonable discretion that turn out to be unusable or significantly impaired in their usability within the agreed warranty period as a result of a circumstance that occurred before the transfer of risk. Replaced own parts become the property of Fluidtechnik Fiedler GmbH.

Fluidtechnik Fiedler GmbH assumes no liability for damage resulting from unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating resources, replacement materials, defective construction work, unsuitable building ground, chemical, electrochemical or electrical influences, overvoltage damage, provided they are not the fault of Fluidtechnik Fiedler GmbH.
After agreement with Fluidtechnik Fiedler GmbH, the ordering party must give Fluidtechnik Fiedler GmbH the necessary time and opportunity to carry out all repairs and replacement deliveries that Fluidtechnik Fiedler GmbH deems necessary. Otherwise Fluidtechnik Fiedler is released from liability for defects. The warranty for the replacement part and the repair is 3 months, but it runs at least until the end of the agreed warranty period.

Further claims by the customer, in particular a claim for compensation for damage that has not occurred to the delivery item itself, are excluded. This exclusion of liability does not apply in the event of intent or gross negligence.

Liability for secondary obligations:
If, through the fault of Fluidtechnik Fiedler GmbH, the delivered item cannot be used by the customer in accordance with the contract as a result of omitted or incorrect execution of suggestions and advice given before or after the conclusion of the contract as well as other contractual ancillary obligations - in particular instructions for operation and maintenance of the delivery item - the following shall apply to the exclusion of further claims by the customer, the provisions of the sections "Liability for defects" and "Customer's rights to withdraw from the contract" apply.

Customer's rights to withdrawal:
In the event of the purchaser's justified withdrawal from the contract, the purchaser's claims for reduction and compensation for damage of any kind, including damage that did not occur on the delivery item itself, are excluded.

If Fluidtechnik Fiedler cannot provide the service or can only do so with disproportionate difficulties, it is entitled to withdraw from the contract. Claims for damages by the customer do not result from this.
The same applies in the event that there are circumstances in the customer's person that make these services appear endangered and he does not provide sufficient security immediately upon request.

Prices / terms of payment:
The prices apply ex works excluding packaging and transport costs.

Fluidtechnik Fiedler GmbH is bound to the agreed price for 3 months. In the case of longer delivery times, the list price applicable at the time of delivery applies. The prices do not include sales tax. The sales tax that is legally valid at the time of invoicing applies.
Payments are to be made within 14 days of the invoice date without deduction. Default of payment occurs automatically from the 15th day after the invoice date. In any case, bill of exchange charges shall be borne by the customer. If even one bill of exchange is not redeemed in due time, the entire claim becomes due immediately.
The customer is not authorized to exercise a right of retention. This also applies to complaints and notices of defects.

Retention of title:
The goods delivered by us remain the property of Fluidtechnik Fiedler GmbH until all claims from the business relationship (principal and secondary claims) have been paid. The customer may sell or use the delivered goods in regular business transactions before full payment has been made.
The customer may neither pledge the delivery item nor assign it as security. Fluidtechnik Fiedler GmbH must be informed immediately in the event of seizure, confiscation or other dispositions by third parties. If the customer behaves in breach of contract, in particular in the event of default in payment, Fluidtechnik Fiedler GmbH is obliged to take back the goods and the customer is obliged to surrender them. The assertion of the retention of title as well as the pledging of the delivery item by Fluidtechnik Fiedler GmbH does not count as withdrawal from the contract.
Claims from the resale are already assigned by the customer to Fluidtechnik Fiedler GmbH as a security. The design price or offer does not include reproduction rights, licensing to the customer or third parties, inventions and the resulting patents, utility or design models that are made as part of an order to Fluidtechnik Fiedler GmbH. These rights remain with Fluidtechnik Fiedler GmbH, which is also entitled to evaluate and market them. Other agreements must be in writing.

Copyright:
Insofar as software is part of the scope of delivery, this is made available to the customer for one-time use alone, i.e. he may neither copy it nor make it available to others for use.

Additional provision for the delivery of hydraulic systems:
The order value (offer value) includes the creation of one copy of conventional drawing documents in German. If further documents are required, the calculation will be made at cost price.
The offer price (order value) only includes the work planned for the preliminary planning. If during the processing of the order or later changes are required at the request of the customer or due to an error in declaration, which we reserve according to paragraph II of these conditions, a new price agreement will be made.

Only for completely assembled overall system:
As stated in the test of the offer (order confirmation), the system will be delivered fully assembled, provided that a shipping option in this form is available. If transport and packaging make it necessary to dismantle bulky lines, fittings or other parts, the assembly costs at the installation site shall be borne by the buyer/orderer. Installation costs at destination are not included in the price. If assembly and commissioning is desired by a fitter, we will calculate the necessary expenses according to our assembly conditions.

Pipe fittings, even if they were tightened by the supplier, must be tightened by the buyer/orderer some time after the system has been put into operation. Any costs incurred for this shall be borne by the buyer/orderer.

Place of performance / place of jurisdiction:
Place of performance and place of jurisdiction are Dortmund.
The law of the Federal Republic of Germany applies to all legal relationships.
If a clause is legally ineffective, all others remain binding.