General terms and conditions of business

General terms and conditions of business

§1  General:

1. The following general terms and conditions apply to all current and future sales and delivery transactions of Ernst Wagener Hydraulikteile GmbH. We only accept orders under the conditions stated here. The purchaser’s general terms and conditions or any provisions of the purchaser that deviate from our sales conditions are only binding for us if we expressly accept them in writing. This applies in particular to agreements made by our field staff and sales representatives.

§2  Delivery: 

1. We deliver throughout the Federal Republic of Germany and the European Community for a minimum order value of EUR 75 net. If orders are placed in our web shop, we only deliver to the registered and approved customer group. For orders under EUR 75 net goods value, we charge a service fee of EUR 10 net. For the proper delivery of web shop orders, always state the street name with house number (part of the building) (not a PO box number!) and select the country of destination, otherwise shipping cannot be guaranteed. We only consider an order to be accepted once it has been confirmed.
2. Deliveries are always made ex works at the buyer’s expense and risk. All costs associated with packaging, freight and postage are borne by the buyer. We do not take out transport insurance. Liability for transport damage is excluded.

3. If the buyer wrongfully refuses to accept the delivery, he must bear the resulting costs (at least EUR 20) and the risk of return transport.

4. Over- or under-deliveries of up to 10% of the total delivery volume are permissible and do not entitle the buyer to make a complaint unless otherwise agreed. Sentence 1 does not apply to orders by consumers within the meaning of Section 13 of the German Civil Code.

5. Product changes due to technical developments are permissible and cannot be complained about.

6. Drawings and other technical information material are created subject to reservation and are not subject to any guarantee on our part. All documents provided by us may not be made available to third parties or used for reproduction. In the case of items manufactured according to customer drawings, the customer guarantees upon delivery that we are not infringing any third party rights and is liable for all damages resulting from non-compliance with this guarantee.

7. Goods ordered on call must be completely accepted within 12 months at the latest. The buyer must specify the call dates when issuing the call, unless otherwise agreed.

8. All delivery times stated begin with the dispatch of the order confirmation, are non-binding and require that all technical questions have been clarified first. Delivery times are extended if unforeseeable obstacles occur, such as operational disruptions, delays in delivery of production, strikes, significant staff shortages, regardless of whether these obstacles occur with us or a supplier. We are also entitled to withdraw from the contract in the event of operational disruptions of any kind for which we are not responsible, without this giving rise to claims for damages.

9. Partial deliveries are permitted. For partial deliveries arranged or offered by Ernst Wagener Hydraulikteile GmbH, subsequent deliveries are free of shipping costs. If the customer has special requests to split the delivery, additional shipping and packaging costs will be charged for each partial delivery.

§3 Order confirmation and delivery for web shop purchases: 

1. After you have completed your purchase with us online, you will receive a confirmation of your order by email with an order number. This confirmation of your order, generated by the system, is not an order confirmation! You will receive an order confirmation if we have registered you as a customer with a customer number and you expressly request an order confirmation. This order confirmation can be sent by email or fax.

2. The delivery times for web shop purchases are on average 1 to 3 days for items in stock. If an item is not available or there are delivery bottlenecks in production, a partial delivery* or short delivery delays may occur. Please be sure to let us know when you place your order if you urgently need a particular item and cannot do without immediate partial delivery. Fixed delivery dates are only binding if they have been confirmed by us in writing.

§4  Prices, payment, default: 

1. Our prices are net prices in euros plus the applicable VAT.

2. Invoices are payable within 14 days of the invoice date with a 2% discount or within 30 days of the invoice date net cash. The receipt of the invoice amount in our account is decisive. If this payment deadline is exceeded, the buyer is in default without the need for a further reminder from us.
3. From the start of default, i.e. from the day the payment deadline is exceeded, we charge the applicable statutory default interest rate. In addition, we reserve all other legal rights due to the default, in particular the right to withdraw from the contract and to demand compensation of at least 25% of the net purchase price for non-fulfillment. The buyer is permitted to prove that we have suffered no damage at all or only significantly less damage than the above-mentioned flat rate.

§5  Retention of title: 

1. All deliveries are made exclusively under retention of title.

2. Ownership is only transferred to the buyer when he has paid off all his liabilities from our deliveries of goods. Pledging or transferring as security is not permitted beforehand.

3. If the goods delivered by us are mixed or combined with other items, we reserve the right of ownership up to the amount of the claims from the new item. If the buyer sells the goods delivered by us, regardless of their condition, he assigns to us the claims against his customer arising from the sale, including all ancillary rights, up to the amount of his outstanding obligations to us.

§6  Offers, ancillary agreements:

1. Our offers are always subject to change and non-binding and are valid for 60 days from the date of submission. The right to prior sale remains reserved.

2. Drawings, illustrations, dimensions and weight specifications, etc. associated with the offer are only approximate, unless expressly agreed otherwise. Furthermore, we reserve ownership and copyright to the offer and the associated documents. Distribution, publication, reproduction or implementation by third parties is not permitted. We reserve the right to make changes to the article described or illustrated at any time and without special notice, while retaining the essential characteristics.

3. The technical properties and limits stated in our sales documents apply to all articles offered. Unless otherwise stated, all offers are made under the premise that the articles are only used under operating conditions for which they are intended and suitable according to our most recent sales documents.

4. We reserve the right to correct any calculation or printing errors in the offer. Any additional agreements to our offers and order confirmations require our written confirmation to be valid.

§7  Liability for defects: 

1. Immediately after the goods arrive at their destination, they must be carefully checked for completeness, transport damage, obvious defects, quality and their properties. If the inspection is not carried out, any warranty obligation of the seller for defects in the goods is excluded.

2. The quality of the goods is deemed to be approved if the buyer has not raised an objection in writing within 8 days of receiving the goods. If a hidden defect is not reported in writing within 8 days of discovery, the buyer is not entitled to any warranty rights.

3. If the buyer is a consumer, points 1 and 2 do not apply. Warranty claims by the buyer due to obvious material defects in the goods delivered are excluded if the buyer does not notify us of the defect in writing within 14 days of delivery of the goods.

4. We are not liable for any warranty if the goods ordered were free of defects when handed over, but are not used as intended, taking into account all technical properties and limits. The seller is not liable for damage caused solely by the following reasons: unsuitable or improper handling or use, incorrect assembly or commissioning, natural wear and tear, unsuitable operating materials or replacement materials, and chemical, electrochemical or electrical influences. We are also not liable for the suitability of the goods for the purpose intended by the buyer if the buyer did not inform us of the intended use and operating conditions when concluding the contract.

5. Our warranty obligation expires if the buyer tampers with the goods on his own initiative or has them done by a third party.

6. If there is a defect in the purchased item, we are entitled, at our discretion, to subsequent performance in the form of remedying the defect or delivering a new, defect-free item within the scope of the statutory warranty. If the buyer is a consumer, he can determine the form of subsequent performance, unless a form is disproportionate within the meaning of Section 439 Paragraph 4 of the German Civil Code. Subsequent performance is generally deemed to have failed after the second unsuccessful attempt. If subsequent performance fails, is refused, is unreasonably delayed or is unreasonable for one of the contracting parties, the buyer can, at his discretion, demand a reduction in the purchase price (reduction) or declare withdrawal from the contract.

7. The buyer can only assert claims for damages due to a defect if subsequent performance has failed, the seller refuses subsequent performance or if special circumstances exist which, after weighing up the interests of both parties, justify the immediate assertion of the claim for damages.

8. If we negligently breach an essential contractual obligation, our liability for compensation is limited to the amount of our liability insurance; for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), it is limited to compensation for damages typical of the contract. We are prepared to grant the customer access to our policy if there is a justified need. A material contractual obligation within the meaning of these General Terms and Conditions exists if we breach obligations on whose proper fulfillment the buyer relies and may rely because they characterize the contract.

9. The warranty period is 12 months, calculated from the transfer of risk. If the buyer is a consumer, the warranty period is 24 months, calculated from the transfer of risk.
10. Any liability for damages beyond that provided for in Sections 7-8 is excluded – regardless of the legal nature of the claim asserted. Sentence 1 of this Section 10 does not apply to claims according to Sections 1,4 of the Product Liability Act. Sentence 1 of this section 10 does not apply even if we are liable for physical injury or damage to health, regardless of the legal basis. In the case of claims arising from producer liability pursuant to Section 823 of the German Civil Code (BGB) for property damage, liability is limited to the compensation provided by the insurance. If this does not occur or does not occur in full, we are liable up to the amount of the coverage. Sentence 1 of this section 10 also does not apply in the event of initial inability or impossibility for which we are responsible. If our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

§8   Returns:

1. Returns of defect-free goods will only be accepted if they have been announced in advance by telephone and are free of charge for the recipient. We will not accept goods sent carriage forward. The buyer is responsible for correct and appropriate packaging. Damage due to inadequate packaging obliges the buyer to pay the corresponding damage. In the event of a return, Ernst Wagener Hydraulikteile GmbH is not liable for damage or loss of the goods. Custom-made items cannot be returned or exchanged.

§9   Place of performance:

1. For both parties to the contract, the place of performance for delivery and payment and all other rights and obligations is the supplier’s headquarters. The place of jurisdiction, including for bills of exchange and checks, is Bochum for both parties.

§10  Applicable law, data protection, effectiveness: 

1. The law of the Federal Republic of Germany applies, whereby the application of the uniform international sales law (UNCITRAL Agreement) is excluded.

2. Ernst Wagener Hydraulikteile GmbH is entitled to electronically store and further process the data provided to it by the customer. Deletion of the data must be in writing. Ernst Wagener Hydraulikteile GmbH is then entitled to pass on customer data that arises from the contract documents or that is necessary for the implementation of the contract to third parties, in particular to credit institutions and contractual partners, insofar as this serves the purpose of processing the order. Ernst Wagener Hydraulikteile GmbH observes the applicable data protection regulations.

3. If one or more provisions are invalid, this does not affect the validity of the remaining provisions.

§11 Other:

1. All brand names, images, drawings and films used are the property of the manufacturers and are only used to clearly identify the products.

Errors and changes are reserved.
As of: May 21, 2024

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