General Terms and Conditions 2020-06-14T10:22:49+00:00

General Terms and Conditions 01/2020

The following terms apply to all purchase agreements and contracts for materials concluded between us and our contractual counterparts that are businesses (hereinafter referred to as “Purchaser”), as well as to our offers, even if we do not expressly refer to them in an individual case. Derogations from this general rule are only binding upon us where we expressly confirm them in writing. The Purchaser‘s terms of purchase shall not be binding upon us, even where we do not expressly object to them.

1.Offer and contract formation

Our offer is subject to change with respect to the price, amount, delivery period and our ability to make delivery until the order is confirmed in writing. Side agreements are only effective if they have been confirmed by us in writing.

  1. Scope of delivery

The scope of delivery is specified in the order confirmation with binding effect.

  1. Deliveries and delivery periods

The delivery period shall start on the date when all details of the order have been clarified, but not until the contractual duties to be fulfilled by the Purchaser by that time have been fulfilled. The delivery deadline shall be deemed complied with if the goods have left the warehouse when the deadline is reached or, where shipping is delayed due to reasons for which the Purchaser is responsible, if the notification that the goods are ready to ship is made within the delivery period agreed. Compliance with the delivery period is subject to the condition precedent that we receive correct and timely deliveries from our suppliers. Timely and appropriately sized partial deliveries are permissible and may be billed separately. If force majeure events other events that are beyond our control, regardless of whether they are experienced by us or our sub-suppliers, keep us from complying with our duty to deliver the goods, the delivery shall be extended by the duration of the disruption. If it becomes impossible to deliver the goods because of such an event or if the subsequent delivery creates an undue burden for either of the parties, both parties are entitled to rescind the agreement. If performance is delayed or if it is no longer possible to deliver the goods ordered due to reasons for which we are responsible, the Purchaser is entitled to rescind the agreement in accordance with the statutory provisions. Claims for damages are subject to the provisions in Section 12 of these Terms of Sale. If the Purchaser is in default of acceptance, we are entitled to charge the Purchaser a fee for storing the goods for each week of default at a flat rate of 1% of the invoice value per week, with a total of 5%.

  1. Prices

Our prices are quoted ex warehouse, exclusive of the statutory value-added tax., Packaging costs, loading costs, customs fees, etc. shall be borne by the Purchaser.

  1. Shipping/ passing of the risk

Goods are dispatched and shipped at the expense and risk of the Purchaser. The risk shall pass to the Purchaser when the goods leave our premises. Where the dispatch is delayed due to the Purchaser‘s conduct, the risk shall pass, and the purchase price shall become due, when the Purchaser is notified that the goods are ready to ship.

  1. Payment terms

Invoice amounts must be paid within 30 days of the date of invoice without any deduction. If we grant any discounts, they may not be deducted from any new invoices as long as older invoices for which payment is due have not been paid yet. For periods during which the Purchaser is in default of payment or during which payments due are deferred we will charge the default interest at the statutory rate without prejudice to any further claims for damages. Where it becomes apparent after the conclusion of the agreement that our claim for payment is at risk due to the customer‘s inability to perform and where we have fulfilled the obligations owed by us in return, all of our outstanding claims become due immediately. In this event we are entitled to only make outstanding deliveries against payment of cash or the provision of a security. This does not affect any further statutory claims.  The Purchaser has the right to withhold payments, or to offset counterclaims against them, only in so far as the Purchaser’s counterclaims are not in dispute or have become final and absolute.

  1. Retention of title

We will retain the title to the goods delivered until all outstanding payments due to us under the business relationship, including incidental costs and interest, are settled in full. This also applies until the checks for such payments have cleared. For current accounts, the goods subject to retention of title shall secure our claim to the outstanding balance. Goods subject to retention of title shall be processed and treated on our behalf without creating any obligations for us. The Purchaser must not pledge or assign goods subject to retention of title as collateral or agree to a prohibition of assignment or an assignment without our consent in the context of factoring.

  1. Liability for defects

The Purchaser’s warranty rights are predicated on the assumption that the Purchaser, where the Purchaser is a businessman (“Kaufmann”), has duly satisfied its obligations to inspect the goods and to give notice of defects pursuant to Section 377 of the German Commercial Code (HGB). The Purchaser is not entitled to base complaints on excess or short weight due to foundry technology reasons. If there is a defect, we can remedy the defect or provide a replacement, at our option. If the Purchaser asserts claims for defects, it must give us the opportunity and the time required to review the complaint. Claims for defects pursuant to Section 437 BGB shall become time barred twelve (12) months after the date of delivery.

  1. Returns

Returns that are not based on a statutory claim can only be made with our express consent. We reserve the right to deduct an amount of at least 30% of the net value of the goods when we credit the purchase price to compensate for the costs incurred with every return. Side agreements are only effective if they have been confirmed by us in writing.

  1. Catalogues

The images in our catalogues and brochures are not binding for the actual execution. We reserve the right to change the construction style where this is advisable for technical reasons and does not impair the contractual purpose. Derogations from the measures and weights specified are permissible where they do not jeopardise the contractual purpose or the quality.

  1. Copyright

We reserve the proprietary rights and copyrights with respect to catalogues, images, drawings, samples, and other documents. They must not be made available to third parties without our consent and must be returned without undue delay upon request. If an order placed with us infringes upon third party patent, design or trademark rights due to drawings or models submitted to us, all responsibility shall lie with the Purchaser which shall be liable for any resulting damage and loss of profits incurred by us, as the supplier, and shall indemnify us against any claims brought against us by third parties unless it is not responsible for the infringement.

  1. General liability

We are only liable for damage that is caused through gross negligence. “Material contractual duties” are duties whose fulfilment is essential to the proper performance of the contract and upon whose fulfilment the Purchaser regularly relies and may regularly rely. Our liability is limited to the reasonably foreseeable damage typically incurred with this type of contract unless it is due to an intentional act.

  1. Place of performance, venue, applicable law

The place of performance and legal venue for all claims arising under this agreement is our registered office. We are entitled to also, at our option, bring a suit against the Purchaser in the court having jurisdiction over the area in which its registered office is located.

If the registered office of the Buyer is located outside of the European Economic Area (EEA) and the European Free Trade Area (EFTA), the two foregoing sentences do not apply.

In this event, all disputes arising in connection with the agreement or its validity shall be finally settled in accordance with the rules of arbitration of Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS) without recourse to the ordinary court. The place of arbitration is Hamburg; the language of the proceedings is German. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

We store the data generated in the context of the business relationship in accordance with the legal regulations.

 

++ CORONA NEWS ++ Wir haben geöffnet++

Sehr geehrte Damen und Herren,
Liebe Kunden,
die aktuelle Situation hinsichtlich der Ausbreitung des COVID-19-Virus hat uns veranlasst, dass wir in unserem Unternehmen mit höchster Priorität Maßnahmen getroffen haben, um die Gesundheit unserer Mitarbeiter zu schützen. Die getroffenen Maßnahmen sind abgeschlossen und wir möchten Sie informieren, dass unser Geschäftsbetrieb im vollen Umfang gewährleistet bleibt.

Unsere Bürozeiten sind: Montags-Freitags von 07.00 Uhr – 19.00 Uhr
Sie können uns darüber hinaus jederzeit über unsere 24 Std. Hotline (+49 172 42 41 847).
oder per E-mail h.kaehler@fak-armtaturen.de erreichen.

Aufgrund des aktuellen Kontaktverbots sind Besuche bei FAK leider bis auf weiteres nicht möglich. Warenlieferungen von Speditionen oder anderen Dienstleistern finden bei FAK nur noch kontaktlos statt.

Dank hoher Lagerbestände in unserem Zentrallager in Schweden sind wir jederzeit kurzfristig lieferfähig. Wir garantieren Ihnen mit größtem Engagement einen bestmöglichen Lieferservice.
In dieser herausfordernden Zeit stehen wir Ihnen gern als verlässlicher Partner zur Seite.

Das gesamte FAK-Team wünscht Ihnen und Ihren Familien  alles Gute und bleiben Sie gesund!

FAK-ARMATUREN GMBH
Geschäftsführung

++ CORONA NEWS ++ WE ARE OPEN ++

Dear Madam / Sir,
Dear Clients,
the current situation regarding the spread of the COVID-19 virus lead our company
to take measures to protect the health of our employees as the highest priority.
Changes that were necessary are completed and we would like to inform you that our business is still running.

Opening hours- office:  Monday-Friday from 7 a.m. to 7 p.m.
You can also reach us at any time via hotline (+49-172 - 42 41 847) or by E-mail: h.kaehler@fak-armaturen.de

Due to the current ban on contacts unfortunately visits are not possible.
Deliveries of goods from forwarding agents or other service providers only take place without contact.We are happy to serve you from our large central store in Sweden and are able to deliver all kind of valves at any time on short notice.

With greatest commitment we grant you our best possible delivery service.
In this challenging time, we stand at your side as a reliable partner.

The entire FAK team wishes you and your families all the best and stay healthy!

FAK-ARMATUREN GMBH
Management