AGB als PDF
The following conditions apply to all offers, sales and deliveries.
On placing an order, the customer agrees to them in full. Deviating conditions are only valid if they are specifically agreed and confirmed by us in writing.
Orders are only binding for us when they have been confirmed by us in writing. Cases of force majeure and any circumstances that make execution impossible or more difficult through no fault of our own shall entitle us, even in the case of confirmed orders or orders already being processed, to withdraw from the contract, reduce the scope of delivery or postpone the delivery date appropriately, with exclusion of any claims for damages.
Special agreements made by our representatives require written confirmation.
Invoicing shall be at the prices agreed on the day of delivery. Should cost conditions change during the term of orders or contracts, we reserve the right to make new price agreements. Prices are in EUROS for delivery ex Stapelfeld bei Hamburg excluding packaging and other costs.
Unless otherwise agreed, our invoices are due for payment immediately on receipt, without any deduction. Counterclaims that are not recognised may not be offset nor may the Customer withhold payment for this reason.
Discountable bills of exchange or cheques shall only be accepted on the basis of an express agreement and only on account of payment, not on account of performance. If, following conclusion of the contract, circumstances become known which are likely to reduce the creditworthiness of the Customer, all claims of the Customer shall become due irrespective of the term of any bills of exchange accepted. In addition, no security may be demanded for our deliveries and we may withdraw from the delivery contract, offsetting the expenses incurred up to that point.
If payment is not made on time, we are immediately entitled to charge interest on arrears in the amount of the interest rate of our overdraft, together with all reminder fees and other costs incurred.
6. Retention of title
The delivered goods, which may only be resold in the ordinary course of business, shall remain our property until full payment of the purchase price, including any ancillary claims, and until settlement of all claims arising from the business relationship. During the period of retention of title, the buyer shall bear full responsibility, in particular for the risk of deterioration of the item, whatever the cause.
If the goods under retention of title are sold before the purchase price has been paid in full, the corresponding claim against the second purchaser (subsequent purchaser) - up to the amount of our total claims - shall be assigned to us with immediate effect.
7. Liability for material defects / warranty
The warranty period for items manufactured by us is 2 years.
For parts repaired and modified by us, the warranty period is limited to 1 year on the parts used and the work carried out by us.
In the case of new and replacement parts, the warranty shall begin on the date of commencement of operation or 8 months after delivery. The applicable installation and maintenance instructions are enclosed with the products and are available in a detailed version for free download at www.w-sass.de/pdf/einbau-und-wartung.pdf (Installation and Maintenance). Compliance with the installation and maintenance instructions is mandatory for any claim.
Liability claims are invalidated if parts of the item delivered by us have been dismantled or the item or parts have been modified.
Liability for parts supplied by the customer is excluded.
No liability can be accepted for items that experience natural wear and tear corresponding to their period of use within the warranty period or for which unusual wear and tear has been caused by improper handling or care.
We must be notified immediately and in writing of the discovery of defects.
Claims of the customer under the warranty
Should an item delivered by us become unusable within the periods mentioned above, the Customer is entitled to the following services:
- Right to replacement or rectification:
we will replace or repair the defective goods at our discretion.
- Right to rescission if replacement or rectification was not successful
- Reimbursement of transport, installation and removal costs
We shall bear the costs for exchanging the defective goods and their transport to the installation site, as long as we have been given the opportunity to weigh up the most favourable alternatives in advance. Corresponding proof of the costs incurred shall be provided in any case. Costs for work carried out independently shall only be reimbursed by prior agreement and with written confirmation by us.
- Claims for compensation
We shall only recognise claims for compensation for incidental and consequential damage if they are directly related to the fault in the defective part delivered by us. Consequential damage due to carelessness, improper handling and failure to detect faults in good time shall not be recognised as a matter of principle. Other claims for compensation (e.g. for lost profits and downtime) are excluded and shall not be reimbursed.
A confirmation of the material defect and the associated assumption of the costs on our part is only possible after a detailed fault analysis of the defective part. Should the Customer insist on replacement without prior fault analysis, the costs incurred shall be charged to the Customer in full by us in the event of exclusion of liability.
The liability amount is limited to:
- Personal injury: €5,000,000.00
- Material damage: €2,500,000.00
Otherwise, the provisions of the German Product Liability Act (ProdHaftG) and Commercial Code (HGB) relevant to liability for material defects shall apply.
Shipping shall be for the account and at the risk of the recipient, even if carriage is free of all costs for the recipient.
9. Place of performance
The place of performance for delivery and payment and the place of jurisdiction for all disputes arising from the contractual relationship and for all parties involved is Hamburg.
These Terms & Conditions shall also apply to future transactions, unless otherwise agreed.
11. Severability clause
Should individual provisions be or become invalid in whole or in part, or should these provisions contain a loophole, this shall not affect the validity of the remaining provisions. In place of the ineffective provision or to fill the loophole, an appropriate provision shall be agreed which, as far as legally possible, comes as close as possible to these “General Terms & Conditions”.