GENERAL TERMS AND CONDITIONS OF SALE
1. General informationWe carry out deliveries exclusively on the basis of the following terms of delivery. Any conflicting terms and conditions of the customer shall not be valid, even if we do not expressly object to them. Our terms of delivery shall also apply to extensions of the scope of the contract, to follow-up orders and to all future transactions between us and the customer.
2. Offers and prices2.1 Until the conclusion of the contract, offers and prices are subject to change and non-binding. In the absence of a special agreement, the prices shall apply ex place of dispatch 74354 Besigheim, including loading, but excluding freight and packaging. Value added tax at the respective statutory rate shall be added to the prices.
3. Scope of delivery
3.1 In the event of our offer and its timely acceptance, the offer shall be decisive for the scope of delivery, otherwise our order confirmation shall be decisive. Subsidiary agreements and amendments as well as assurances require our written confirmation to be effective.
3.2 When ordering industrial valves, the customer is obliged to specify the medium and its pressure values to us exactly. Otherwise, we shall not assume any liability for damage to or destruction of the delivery item due to the medium or its pressure. For consequential damages, § 7.10 of these terms of delivery shall apply in any case.
4. Delivery time4.1 The delivery period shall commence with the dispatch of the order confirmation, but not before the provision of the documents, approvals, releases to be procured by the customer and before receipt of any agreed down payment.
5.Transfer of risk and acceptance5.1 The risk shall pass to the customer at the latest upon dispatch of the delivery parts, even if partial deliveries have been made or we have assumed other services, e.g. the shipping costs or delivery and installation. At the customer's request, we shall insure the shipment at the customer's expense against theft, breakage, transport, fire and water damage and other insurable risks.
6. Retention of title
6.1 We reserve title to the delivery item until receipt of all payments arising from the business relationship with the customer. The retention of title shall also extend to the acknowledged balance insofar as we book claims against the customer to current account (current account reservation).
6.2 The taking back of the delivery item by us shall not constitute a withdrawal from the contract, unless the provisions of the German Installment Purchase Act apply, unless we have expressly declared this in writing. The seizure of the delivery item shall always constitute a withdrawal from the contract.
In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us.6.3 The customer shall be entitled to resell the delivery item in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) accruing to him from the resale against his customers or against third parties, irrespective of whether the delivery item has been resold without or after processing. The customer shall be authorized to collect this claim even after its assignment. Our authority to collect the claim ourselves shall remain unaffected; however, we undertake not to collect the claim as long as the customer duly meets his payment obligations and is not in default of payment. In this case, we may demand that the customer inform us of the assigned claims and their debtors, provide all information required for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.
6.5 The customer shall also assign to us the claims to secure our claims against him which accrue to him against a third party as a result of the connection of the delivery item with the property.
6.6 If the delivery item is combined with real property owned by the customer, the combination shall only be for a temporary purpose (§ 95 BGB).
6.7 We undertake to release the securities to which we are entitled at the customer's request to the extent that their value exceeds the claims to be secured by more than 20%, insofar as these have not yet been settled.
7. Liability for defects of the delivery
We shall be liable for defects in the delivery, which shall also include the absence of expressly warranted characteristics, and their consequences, to the exclusion of further claims as follows:7.1 The warranty period for all goods sold shall be twelve months from the date of delivery by us.
7.11 A warranty period of 24 months shall apply to articles marked with "NieRuf warranty" on the detail page at www.nieruf.com. The warranty period starts from the day of delivery.
The "NieRuf Guarantee" does not apply to:
- unsuitable or improper use
- faulty assembly or commissioning by the customer or third parties
- faulty or negligent handling
- incorrect handling or operation
- unsuitable operating materials, substitute materials
- chemical, electrochemical or electrical influences
- provided that they are not attributable to our fault
8. Liability for collateral dutiesIf, due to our fault, the delivered item cannot be used by the customer in accordance with the contract as a result of omitted or faulty execution of suggestions and consultations prior to or after conclusion of the contract as well as other contractual ancillary obligations - in particular instructions for operation and maintenance of the delivery item - the provisions of Sections 7 and 9 shall apply accordingly, to the exclusion of further claims of the customer.
9. Customer's right of withdrawal and our other liability9.1 The customer may withdraw from the contract if the entire delivery finally becomes impossible for us before the transfer of risk. The same shall apply in the event of our inability. The customer may also withdraw from the contract if, in the case of an order for similar items, it becomes impossible to execute part of the delivery in terms of quantity and the customer has a justified interest in refusing a partial delivery; if this is not the case, the customer may reduce the consideration accordingly.
9.5 The offer of NieRuf GmbH is directed exclusively to commercial customers and not to consumers. In general, we do not take back any goods. Should a return of goods be necessary, the customer must contact us in advance. Return shipments must always be cleared or picked up by us free of charge. Costs for returns by cash on delivery or freight collect will not be borne by us. A return after consultation can only take place insofar as the goods are undamaged/unused and properly packed, e.g. in original packaging, in this case a restocking fee of min. 30% of the gross list price will be charged.
Items marked "NieRuf Exchange" on the details page at www.nieruf.com may be returned within 21 days with no restocking fee.
- Original packed article
- Not installed
- Maximum 5 pieces per delivery
- Return shipping is at your expenseInstalled parts, incomplete parts and goods damaged by defective packaging during return cannot be credited.
Special items, items that have been customized (e.g. pressure setting), and items in the safety valve category are excluded from return.
10. Right of the supplier to withdrawIn the event of unforeseen events within the meaning of Section 4 of the Terms and Conditions of Delivery, insofar as they significantly change the economic significance or the content of the performance or have a significant effect on our operations, and in the event that it subsequently becomes apparent that performance is impossible, the contract shall be adjusted accordingly. If this is not economically justifiable, we shall be entitled to withdraw from the contract in whole or in part.
11. Place of performance, place of jurisdiction, partial invalidity11.1 The place of performance and jurisdiction for all claims arising from the business relationship with the customer, including claims based on bills of exchange and checks, shall be 74354 Besigheim.
Our certified quality management according to DIN EN ISO 9001: 2015 is part of our DNA. With our test stands we can carry out pressure tests with up to 350 bar with air and water as well as leak tests according to DIN EN 122661.
This is NieRuf
Commitment engenders trust. We stand by our word and are convinced that as a result not only our customers but also everyone we work with can rely on us.
We always strive to find the best solution for our customers. It is our goal and incentive to have completely satisfied customers.
Technical and commercial expertise form the basis for developing qualified solutions tailored precisely to the needs of our customers.
We do not adhere to rigid guidelines but instead focus on the individual wishes and needs of our customers. They are more important to us than internal company processes.