Legal

Legal Notice

Schoneweg Filtertechnik GmbH
Carl-Zeiss-Straße 43 | 63322 Rödermark (Germany)
Phone: +49 6074 48400-0 | Fax: +49 6074 48400-18
E-Mail: info (at) schoneweg.com
www.schoneweg.com

Registered in the commercial register: HRB 32763, Local Court of Offenbach
Registered office: Rödermark
Managing Director: Dr. Jens Schumacher
VAT ID No: DE 113 587 378

Responsible for content according to § 55 Para. 2 RStV: Dr. Jens Schumacher

Disclaimer for content and links

All information and data have been prepared to the best of our knowledge; however, no warranty is given as to their completeness or accuracy. For responsibility for the content of individual subpages, please also refer to the legal notices provided there. Despite careful checking of the content, we accept no liability for the content presented or for the content of external links. The operators of the linked pages are solely responsible for their content.

Copyright and Publishing Rights

All published content is protected by copyright. This legal protection also applies to databases and similar systems. No part of this website may be reproduced in any form beyond the narrow limits of copyright law without written permission.

Online platform for out-of-court dispute resolution

In accordance with EU Regulation No. 524/2013, the EU Commission provides a website (ODR platform) that serves to resolve out-of-court disputes arising from online legal transactions. The EU Commission's ODR platform can be found at: http://ec.europa.eu/consumers/odr/

General Terms and Conditions

Please note: This is a convenience translation. The German-language version is the legally binding text; in case of any discrepancy, the German version prevails.

1. Terms of Sale, Delivery, and Payment

a) All legal transactions concluded by us are governed exclusively by these General Terms and Conditions of Sale, Delivery and Payment. Conflicting terms and conditions of the contractual partner, or terms and conditions that deviate from ours, require our express written consent in order to be valid. Our terms and conditions shall also apply if, despite being aware of conflicting or deviating terms and conditions of the business partner, we make delivery to that partner without reservation.
b) Any agreements between us and our contractual partner must be recorded in writing.
c) These terms and conditions apply only to merchants within the meaning of § 24 AGBG.
d) These terms and conditions also apply to all future legal transactions with the supplier or purchaser.

2. Quotations and Quotation Documents

a) Cost estimates and quotations are binding for a period of two weeks. Documents provided with the cost estimate or quotation, such as illustrations, drawings, weight and dimension specifications, are only approximate unless expressly designated as binding.
b) We reserve all ownership rights and copyrights to all illustrations, drawings, calculations, and other documents. These documents may not be made accessible to third parties. They are to be used exclusively for production based on our order. After completion of the order, they must be returned to us without being requested. They must be kept confidential from third parties.

3. Prices and Payment Terms

a) Our prices are quoted in euros plus statutory VAT and exclude shipping and packaging costs.
b) If cost increases occur between the date of conclusion of the contract and delivery that increase production costs by at least 5%, we are entitled to demand a price adjusted to reflect this cost increase. A price adjustment is excluded if fewer than two months elapse between conclusion of the contract and delivery.

4. Payments

Unless otherwise stated in the contract, the agreed remuneration is due for payment without deduction within ten days of receipt of the invoice. If the customer is in default of payment, we are entitled to demand default interest at a rate of 4% p.a. above the applicable discount rate of the European Central Bank. If we are able to prove a higher loss caused by default, we are entitled to claim such loss. However, the customer is entitled to prove to us that we have suffered no loss or significantly less loss as a result of the default in payment.

5. Rights of Set-off and Cash Discounts

a) The customer shall only be entitled to rights of set-off if their claims have been legally established, are undisputed, or have been recognized by us. Furthermore, the customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.
b) Bills of exchange, checks, or other promises of payment shall only be considered payment within the meaning of these terms after they have been successfully honored. We are not obliged to accept bills of exchange, checks, or other promises of payment.
c) The granting of a cash discount—even if additionally agreed in writing—is always subject to the condition that the customer's account has no other invoice amounts due. Ongoing account balancing shall be deemed agreed. Only the value of the goods, excluding other services, is eligible for a discount.

6. Deliveries

Ex-works deliveries are always at the risk of the recipient/customer. Unless otherwise contractually agreed, the stated delivery times are non-binding. Call-off orders and delivery schedules always require individual written agreements on delivery times. Events of force majeure as well as circumstances for which we are not responsible and which make the timely execution of accepted orders impossible entitle us to withdraw from the contract or to postpone delivery for the duration of the impediment, to the exclusion of compensation claims by the contractual partner. If this period exceeds three months, the contractual partner is entitled to withdraw from the contract. Any liability for damages on our part is excluded in this case. Partial deliveries are permitted and shall be deemed independent legal transactions. Compliance with our delivery obligations presupposes the timely and proper fulfillment of the customer's obligations. If the customer is in default of acceptance or breaches other duties to cooperate, we are entitled to claim compensation for the damage incurred by us, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the purchased item also passes to the customer at the time they enter into default of acceptance. The quantities to be delivered may exceed or fall short of the agreed quantities by up to 10%. In the case of call-off orders, we are entitled to procure the contractual items for the entire order. Any requests for changes by the customer can therefore no longer be considered after the order has been placed, unless this has been expressly agreed beforehand. The filing of bankruptcy or composition proceedings, the submission of a statutory declaration in lieu of an oath pursuant to § 807 ZPO, any other payment difficulties that arise, or our becoming aware of a significant deterioration in the customer's financial circumstances entitle us to stop deliveries immediately and to refuse the performance of current contracts.

7. Warranty

a) The customer's warranty rights presuppose that they have properly fulfilled their obligations to inspect and give notice of defects as required by §§ 377, 378 HGB. Apparent defects must be asserted before installation or further processing or resale, providing a precise description of the defects.
b) Insofar as there is a defect in the purchased item or work performance for which we are responsible, we are entitled, at our discretion, to remedy the defect or provide a replacement delivery. If we are unwilling or unable to remedy the defect/provide a replacement delivery, if the remedy/replacement is delayed beyond reasonable periods for reasons for which we are responsible, or if the remedy/replacement otherwise fails, the customer is entitled, at their discretion, to withdraw from the contract or demand a corresponding reduction in the purchase price. In the absence of guaranteed properties, the purchaser may demand a reduction in remuneration or, at their discretion, rescission of the contract. Further claims, in particular claims for damages of any kind, are excluded unless we are guilty of intent or gross negligence. We are therefore not liable for damage that has not occurred to the delivery item itself, in particular not for lost profit or other financial losses of the customer.
c) If we have negligently breached a material contractual obligation and are liable for damages, our liability for property damage and personal injury shall be limited to the coverage amount of our liability insurance. We are prepared to allow the customer to inspect our policy upon request.
d) The warranty period is a maximum of 6 months, calculated from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential damage caused by defects, unless claims arising from tort can be asserted.
e) Our specifications regarding the delivery item and service, intended use, etc. (e.g., dimensions, weights, hardness, utility values) are merely descriptions or designations and do not constitute guaranteed properties. They are only guide values; customary industry deviations are reserved unless otherwise agreed. Insignificant deviations from samples, previous deliveries, or other specifications do not give rise to warranty claims, provided they do not significantly impair the contractually presupposed functionality.
f) A defect for which we are responsible does not exist in the following cases in particular: use of the delivery item other than as contractually intended; natural wear and tear; improper handling by the customer or third parties (e.g., incorrect or excessively long storage, improper use or installation, defectiveness of the place of use, e.g., excessively high temperature); use of unsuitable external agents, e.g., acids, alkalis, aggressive gases, as well as disputed information about the dusts to be filtered.
g) In any case, the statutory inspection and notification obligations as well as the statutory limitation periods apply to our deliveries and services.
h) Warranty claims against the seller are available only to the direct buyer and are not assignable. No guarantee can be given for service life and/or performance. Sale on the basis of suitability, performance, or service life of the delivered goods is excluded. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives, and vicarious agents.

8. Retention of Title

a) The delivered goods remain our property until full payment of all claims arising from the business relationship, including all ancillary claims. In the event of breach of contract by the customer, in particular in the event of default in payment, we are entitled to take back the purchased item. The taking back of the purchased item by us does not constitute withdrawal from the contract unless we have expressly declared this in writing. After taking back the purchased item, we are authorized to dispose of it. The proceeds from disposal shall be credited against the customer's liability—minus reasonable disposal costs.
b) The customer is obliged to treat the purchased item with care, in particular to insure it sufficiently at replacement value against fire, water, and theft damage at their own expense. Necessary maintenance and inspection work must be carried out by the customer in good time and at their own expense.
c) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing so that we can file an action pursuant to § 771 ZPO. Insofar as the third party is unable 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.
d) The customer is entitled to resell the purchased item in the ordinary course of business; however, they hereby assign to us all claims in the amount of the final invoice total (including VAT) arising from the resale against their customers or third parties, regardless of whether the purchased item has been resold without or after processing. The customer remains authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we undertake not to collect the claim as long as the customer meets their payment obligations from the proceeds received, is not in default of payment, and in particular, no application for the opening of bankruptcy or composition proceedings has been filed and payments have not been suspended.
e) The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing.
f) If the purchased item is inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed items at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer proportionate co-ownership to us. The customer shall hold the resulting sole ownership or co-ownership in custody for us.
g) The customer also assigns to us, as security for our claims against them, any claims against a third party that arise through the connection of the purchased item with real property.
h) We undertake to release the security interests to which we are entitled at the customer's request insofar as the value of our security interests exceeds the claims to be secured by more than 20%; the selection of the security interests to be released shall be at our discretion.

9. Amendments

Any amendment to these Terms of Delivery and Payment requires our written confirmation to be valid. If these Terms of Delivery and Payment are partially amended by written agreements, the remaining provisions shall remain unaffected.

10. International Deliveries

Our deliveries to foreign countries are also subject to the applicable rules for the interpretation of customary international trade terms (INCOTERMS).

11. Place of Jurisdiction and Place of Performance

a) For all claims arising from the business relationship, in particular from our deliveries, the place of performance shall be Rödermark, and the place of jurisdiction shall be Langen. This place of jurisdiction also applies to disputes regarding the formation and validity of the contractual relationship. We are also entitled to sue the Customer at their general place of jurisdiction (court of domicile).
b) German law shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) or other international legal regulations.