Willibrord Lösing Filterproduktion GmbH

General Terms and Conditions

§ 1 Scope of application

1.
These General Terms and Conditions (GTC) apply exclusively. We do not recognize any GTC of our business partners that deviate from or conflict with our GTC, unless we have expressly agreed to their validity in writing. Our GTC shall also apply if we provide services (e.g., deliver goods) or accept services without reservation while being aware of the deviating or conflicting GTC of our business partners.

2.
These GTC apply to both consumers (Section 13 of the German Civil Code [BGB]) and entrepreneurs (Section 14 BGB), unless a distinction is made within the following clauses.

§ 2 Pre-contractual obligations and conclusion of contract

1.
Our offers are always subject to change. An order placed by the customer constitutes a binding offer that we can accept within 2 weeks by sending an order confirmation or by providing the service. If the order is placed via the online store, the acceptance period is 2 days.

2.
We reserve all property rights and copyrights to all documents, such as photos, calculations, drawings, etc. This also applies to those that are confidential. Disclosure to third parties requires our express written consent.

§ 3 Terms of payment

1.
The offered price is binding and includes the statutory value-added tax for consumers. For entrepreneurs, only the net price is stated; the statutory VAT will be shown separately on the invoice. In this respect, the statutory VAT at the time of invoicing shall apply.

2.
Price changes are permissible for consumers if there are more than 4 months between the conclusion of the contract and the agreed delivery date. If wages or material costs change during this period until delivery, we are entitled to adjust the price in accordance with the cost increases or decreases. The customer only has a right of withdrawal if the price increase significantly exceeds the increase in the general cost of living between order and delivery.

3.
For entrepreneurs, a price higher than the agreed price shall apply if, at the time of performance, the agreed price increases due to a change in the market price or due to third parties commissioned by us to provide the service who in turn demand higher fees. If the higher price is 20% or more above the agreed price, the contractual partner has the right to declare their withdrawal from the contract. The withdrawal from the contract must be asserted immediately after notification of the increased price.

4.
Payment is due within 7 days of receipt of the goods or provision of the service. After this period, the contractual partner is automatically in default of payment. The deduction of a cash discount or payment in installments requires our express written consent.

5.
The contractual partner is only entitled to the right of set-off if the counterclaims are recognized by us as undisputed, are mutually linked to our main claim, or have been legally established. The right of retention is restricted for entrepreneurs to the extent that it can only be exercised if the counterclaim is based on the same contractual relationship.

§ 4 Delivery periods

1.
Insofar as delivery periods have been agreed, these shall be extended in the event of strikes and cases of force majeure, and if the contractual partner does not fulfill their duties to cooperate, for the duration of the delay.

2.
If the contractual partner is an entrepreneur, delivery ex works is deemed to be agreed; this only does not apply if a different agreement has been made that requires our written confirmation or if something else results from the order confirmation.

§ 5 Default of acceptance

If the contractual partner remains silent or expressly refuses acceptance after the expiration of a reasonable grace period under the threat of withdrawing from the contract or demanding damages instead of performance after the fruitless expiration of the period, our claim for contractual performance remains in effect. However, in these cases, we have the right to withdraw from the contract and/or demand damages instead of performance. As damages instead of performance, we can demand 25% of the net price, provided the contractual partner does not prove that no damage occurred at all or that it did not occur in the amount of the flat rate.

§ 6 Liability

1.
If the contractual partner is a consumer, they must report obvious defects in writing within 2 weeks of the defect appearing. If the notification of the defect is not made within this period, the warranty rights shall expire. This does not apply if we have fraudulently concealed the defect or have given a guarantee for the quality of the item (Section 444 BGB). Otherwise, we are liable for defects in accordance with the statutory provisions.

2.
For entrepreneurs, we reserve the right to choose the type of supplementary performance in the event of a defect.

3.
For consumers, the limitation period for claims due to a defect is 2 years for the delivery of new items and 1 year for the delivery of used items; the period begins with the transfer of risk.

4.
For entrepreneurs, the limitation period for claims due to a defect is generally one year. The limitation periods for recourse in accordance with Sections 478 and 479 BGB remain unaffected.

5.
Liability for contractual breaches of duty and tortious liability is limited to intent and gross negligence. The exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents. This does not apply in the event of injury to life, limb, or health, or for damages due to delay.

6.
Insofar as liability for slight negligence is not excluded in accordance with Section 6 No. 5 for damages that are not based on injury to life, limb, or health, these claims shall lapse within one year.

7.
Insofar as liability for damages against us is excluded or limited, this also applies to the personal liability for damages of our employees, representatives, and vicarious agents.

§ 7 Retention of title

1.
For consumers, we reserve ownership of the goods until full payment of the purchase price.

2.
For entrepreneurs, we reserve ownership of the goods until all claims against the entrepreneur have been fulfilled.

3.
Insofar as a third party pursues compulsory enforcement of goods subject to retention of title, the contractual partner must inform us immediately.

4.
If the contractual partner is an entrepreneur, they hereby assign to us as security the claims arising from the resale or rental of the goods delivered under retention of title against their contractual partners.

5.
If the value of the security for our claims against the contractual partner exceeds 20%, we must release securities at their request.

§ 8 Formal requirement

Legally relevant declarations and notices given to us or a third party must be in writing.

§ 9 Limitation of claims for payment

Notwithstanding Section 195 BGB, our claims for payment shall lapse in 5 years. The limitation period begins at the end of the year in which the claim arose and the creditor gained knowledge or should have gained knowledge without gross negligence.

§ 10 Miscellaneous

1.
The place of performance and payment is our registered office, unless expressly agreed otherwise in writing.

2.
The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The law of the Federal Republic of Germany shall apply.

3.
If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the court responsible for our registered office.