General Terms and Conditions

A. General information

  1. Our terms and conditions below shall apply to all present and future transactions between us and the buyer, even if we do not expressly object to deviating terms and conditions. Our terms and conditions shall be deemed to have been agreed at the latest upon acceptance of the goods.
  2. Deviations from our terms and conditions require our express written confirmation for each individual contract. The written form requirement cannot be waived verbally.
  3. Should individual provisions of the contract or these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be replaced by a provision that comes as close as legally possible to the economic intent of the invalid provision.

B. Offers and prices

  1. Our offers are subject to change and do not oblige us to accept orders.
  2. Our prices are subject to change and, unless expressly agreed otherwise, are ex works. Our factory prices generally valid on the day of delivery shall be decisive. Any price and inflation surcharges as well as price increases based on official orders shall be charged to the purchaser, as shall any apportionable tax increases.
  3. The buyer must check the technical and commercial content of our offers before placing an order. Any deviations not indicated shall be deemed accepted by the buyer.
  4. The selection of valve materials is the responsibility of the purchaser. Wagner Armaturen GmbH assumes no warranty with regard to media resistance and the correctness of the product selection.
  5. Prices and discounts listed in the offer are only valid to the full extent of the offer.

C. Delivery

  1. The delivery times are non-binding, but we will endeavor to adhere to them. They shall commence on the date of our order confirmation, but not before complete clarification of all details of execution and all other requirements to be fulfilled by the purchaser.
  2. In the event of force majeure or delivery or work disruptions (e.g. strikes, delays in deliveries, etc.), we have the choice between withdrawing from the contract, insofar as it has not yet been fulfilled, or a reasonable extension of the delivery period. We shall make use of this right of withdrawal at the latest two weeks after receipt of a written request from the buyer. If this period expires unused, the buyer may withdraw from the contract.
  3. The goods shall be deemed to have been accepted in accordance with the contract when they leave the factory. The buyer may accept the goods himself at his own expense immediately after notification of readiness for acceptance at the factory, but only after prior agreement.
  4. In cases in which no specific instructions for shipment are given with the order, this shall be carried out at our discretion in a customary manner. The packaging material will be charged to the buyer. If goods arrive at the buyer in a damaged condition, the buyer must notify us immediately if he wishes to assert rights against us due to the type of packaging and make the consignments available for inspection in the condition in which they arrived. In the event of proof of a breach of our loading obligation, we shall be entitled, at our discretion, to exchange the goods or refund the purchase price. Further claims are excluded.

D. Warranty

  1. Our warranty extends exclusively to the customary properties of our goods. The buyer must notify us of defects in writing without delay, but at the latest within eight days of receipt of the goods. Defects which could not have been discovered within this period, even after careful inspection, must be notified to us immediately, but at the latest within eight days of discovery of the defect.
  2. Goods that are the subject of a complaint must be stored properly by the buyer until the complaint has been finally clarified. The buyer is not entitled to return goods without our written consent.
  3. Deviations in dimensions or weights that are customary in the trade or due to the manufacturing process as well as minor deviations in shape shall not be deemed to be defects, provided that they do not significantly impair the overall impression and functionality of the delivery item, subject to proper and professional processing.
  4. The buyer’s right to assert a notice of defects shall lapse one month after we have rejected the notice of defects in writing. By negotiating a complaint, we do not waive the defense that the notice of defect was not timely and insufficient.
  5. If we provide a warranty in accordance with the above provisions, we shall, at our discretion, either replace the demonstrably defective parts free of charge or repair them ourselves or have them repaired by a third party or take them back against reimbursement of the purchase price. Should we undertake to replace the parts complained about in the event of defects detected by us, a reasonable delivery period shall be granted for this. The buyer may only demand rescission or reduction of the purchase price if the replacement delivery or repair is unreasonably delayed by us or if the new delivery is again defective or the repair has not been successful. Otherwise, all further claims of the buyer, in particular for damages, are excluded.

E. Documentation

  1. The documentation is not automatically part of the delivery of goods. This can be offered additionally.

F. Payment

  1. The terms of payment are set out in our sales documents. The payment terms apply from receipt of the invoice by the customer or from receipt of the goods to be paid for if these are received later than the invoice. This does not apply to orders with advance payment.

F. Retention of title

  1. Our deliveries are made exclusively subject to retention of title. Ownership shall not pass to the purchaser until he has settled all his liabilities arising from our deliveries of goods.
  2. In the case of current accounts, the reserved property shall be deemed to be security for our balance claim.
  3. The buyer may only sell and process our reserved goods in the ordinary course of business; he may not pledge them, assign them as security or dispose of them in any other way. The buyer must inform us immediately of any impending or completed seizure or other impairment of our rights.
  4. If the buyer sells our reserved goods, he hereby assigns to us his claims from the sale, regardless of whether he sells the goods unprocessed or processed or together with other services to one or more customers.
  5. At our request, the buyer shall notify the third-party debtors of the assignment, provide us with all information necessary to assert our rights and hand over the documents to us.

H. Place of performance and jurisdiction

  1. The place of performance for delivery and payment and the place of jurisdiction – also for legal action in the bill of exchange and check process – is the registered office of the company.

I. Data processing clause

  1. The supplier stores personal data about the customer in accordance with the provisions of the General Data Protection Regulation with automatic data processing. A detailed description of the type and scope of the data and its processing can be found in Wagner Armaturen GmbH’s privacy policy as at 03_2019.

J. Secrecy

  1. Information obtained from us shall not be made accessible to third parties by the purchaser or interested party prior to the purchase, unless it has become generally known or is otherwise lawfully known.