general terms and conditions
I. Validity of the conditions
2. Any deviations from these terms and conditions of business, in particular the validity of contradictory general terms and conditions, shall only form part of contracts if they are expressly accepted by MWS in writing. In the case of such acceptance, this shall be restricted exclusively to the business transaction in question.
3. The seller only produces samples on the condition that the latter are charged based on the generally applicable prices.
II. Offer and conclusion of the contract
2. The seller only produces samples on the condition that the latter are charged based on the generally applicable prices.
III. Time of delivery and time of performance
2. The seller is not liable for delays in delivery or performance resulting from force majeure and arising from events which make it considerably difficult or impossible for the seller to deliver – this includes material procurement difficulties arising following conclusion of the contract, operational breakdowns, strikes, lockouts, shortages of staff, shortages of transport means, official decrees, etc. – even if they are experienced by the seller’s contractors or their subcontractors and even in the case of bindingly agreed periods and dates. They entitle the seller to postpone the delivery or performance for the period of the hindrance plus an appropriate setting-up period or to withdraw from the contract partly or completely due to the as yet unperformed part. In case of such a withdrawal, MWS is obliged to return counterperformances already received from the customer immediately.
IV. Terms and conditions of revocation
You may revoke your contractual declaration within 14 days in written form (e.g., by letter, fax or e-mail) without the need for justification or – if the goods are delivered to you before this period of time elapses – by returning the goods. The period of time begins once this information is received in text form, but not, however, before the goods are received by the recipient and also not before we have fulfilled our obligations to provide information in accordance with Article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our obligations pursuant to § 312e Para. 1 Sentence 1 BGB (German Civil Code) in conjunction with Article 246 § 3 EGBGB. The timely sending of the revocation or the goods suffices to guarantee compliance with the revocation period. Please send your revocation to:
MWS Moses Water Systems GmbH Managing Directors: Stanley Elias, Martin Elias
Consequences of revocation
In the event of a valid revocation of this agreement, each party shall return to the respective other party the services received and release any derived benefits (e.g., interest). Should you not be able to return the service received or release benefits (e.g., benefits of use) at all or to do so only partly or in a deteriorated state, you must offer us compensation for lost value to the corresponding extent. You must only offer compensation for lost value for the deterioration of the goods and the derived benefits insofar as the benefits or the deterioration can be traced to handling of the goods beyond checking the properties and correct function. “Checking the properties and correct function” shall be understood as testing and trying out the respective goods to the extent normal and usual in a retail shop, for example. We accept the risk for goods which can be returned as packages. You must bear the standard costs of returning the items if the delivered goods correspond to those ordered and as long as the price of the goods to be returned does not exceed € 40 or, in the case of goods with a higher price, if you have yet to effect the counterperformance or contractually agreed partial payment at the time of the revocation. In all other cases, returning the goods is free for you. Goods which cannot be sent as packages will be collected from you. Obligations to return payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation declaration or the goods – for us on receipt of the same.
End of the terms and conditions of revocation
V. Warranty and liability
In addition, the warranty does not cover: defective installation and operation performed by the purchaser or third parties not in accordance with the seller’s installation instructions and modifications or repairs performed by the purchaser or third parties without the seller’s written authorisation. Components, assemblies or other items not sold or delivered by MWS are also not covered by the warranty, similarly system malfunctions as a result of misuse, failure to perform regular maintenance, incorrect use, disintegration processes due to hydrogen sulphide, iron, increased CaCo3 content, residue due to extremely hard water, improper handling and operation with too high an output as well as damage caused by fire, accidents, negligence, force majeure and circumstances out of MWS’ control.
Insofar as the customer is not a consumer, the claims for defects are initially limited to supplementary performance. Should supplementary performance fail, the customer has the right to decide between electing to withdraw from the purchasing agreement and demanding a reduction in the purchase price.
Insofar as the manufacturer offers a guarantee for the goods, the particularities shall be taken from the guarantee conditions included with the respectively delivered article.
Oral or written specifications about the suitability and possible applications of our goods are not guarantees of properties, but instead serve merely as purchasing advice.
MWS is liable for damages arising from loss of life or limb to damage to health arising from a negligent breach of an obligation on the part of MWS or an intentional or negligent breach of an obligation on the part of a legal representative or vicarious agent of MWS as well as any damages arising from an intentional or grossly negligent breach of an obligation on the part of MWS or one of its legal representatives or vicarious agents – for all fault, however, in the case of damages arising from a breach of a fundamental contractual obligation.
All other liability for compensation, irrespective of the legal grounds, is hereby excluded. Liability for compensation as a result of the absence of guaranteed properties and as covered by the German Product Liability Law (Produkthaftungsgesetz) remains unaffected.
VI. Prices and payment
2. Payments are due within 10 days with no deductions unless otherwise stated on the invoice. Unauthorised deductions will not be accepted. If payments are not effected on time, default interest at 5 percentage points above the respective basic interest rate will be applied, without the need for special notification of this fact.
3. Alternative payment conditions in commercial dealings require our express written confirmation.
4. The purchaser may only offset such counterclaims against MWS’ claims that are uncontested or recognised by declaratory judgement. The enforcement of liens is hereby excluded. This applies in particular to rights and claims derived from warranty claims.
VII. Reservation of title
2. The purchaser is entitled to sell the reserved goods in the scope of ordinary business transactions as long as he has not fallen into default with his payments. The goods may not be pledged or assigned as security. By way of security, the purchaser hereby transfers any claims concerning the reserved goods arising from the resale or based on any other legal grounds to the seller in their entirety.
3. If third parties seize the reserved goods, the purchaser shall indicate that the goods are the seller’s property and inform the seller immediately.
4. If the purchaser breaches the contract, particularly with respect to failure to effect payments on time, the seller is entitled to take back the reserved goods or, as applicable, to demand that the purchaser transfers it its claims for returns over third parties.
VIII. Applicable law, legal venue, partial nullity
2. The court of the seller’s corporate headquarters is responsible for all disputes arising from this contractual relationship if the purchaser is a merchant entered in the commercial register as a merchant (Vollkaufmann), a legal person under public law or a special fund under public law.
3. The invalidity of individual provisions shall not affect the validity of the remaining general terms and conditions.