General Terms and Conditions of Sale and Delivery
All sales shall be concluded at the following stipulations, which shall be deemed to be accepted at the placement of an order. Agreements at variance with these terms and conditions only become an element of the contract if this is expressly agreed to in writing. These Terms and Conditions of Salt and Delivery are subject to change without notice.
Our quotations are subject to confirmation and are not binding. All details in catalogs, brochures and price lists are non-binding, as they are subject to design changes.
Deals and other agreements, in particular to the extent that the deviate from our terms and conditions, only become legally binding through our written order confirmation. The order confirmation becomes effective upon receipt by the partner to the contract. The invoice shall replace the order confirmation in the event of immediate execution of the order. Goods purchased for foreign countries may only be delivered in the country indicated by us and may not be used domestically. The direct or indirect forwarding of goods abroad that were purchased domestically is prohibited. Total gas devices may only be sold to the specialized companies licensed by the local gas supply company. For each case of non-compliance, we are en-titled to take legal action against the partner to the contract for the lost profit in the specific case and to require a contractual penalty in the amount of 25% of the stipulated purchase price. If the goods are brought to a different location or an address other than that indicated the invoice, then all benefits that have been granted to the specified recipient must be refunded in addition to EUR 100.- per unit, but no less than two times the value of the benefit. We reserve the right to make a proportional price increase for all orders with a duration of more than 3 months after conclusion of the purchase contract, if raw material or wage price increases occur after conclusion of the purchase contract or other circumstances - for which we are not responsible – make manufacturing more expensive. If material costs of main components increase by more than 5 % an immediate price increase can be applied.
The prices are calculated according to the terms of our price list valid at conclusion of the contract and are calculated ex factory in Euro without VAT. Freight and packaging will be invoiced separately at cost. For shipments to third party recipients, we are entitled to assess a surcharge in the amount of 5% of the merchandise value.
5. Delivery date
Specified delivery dates are non-binding. Delayed deliveries do not create an entitlement to the cancellation of the order or to the assertion of damage claims. Partial deliveries are permissible. For delayed delivery, the purchaser is only entitled to withdraw from the contract after a notice of default and the granting of a reasonable grace period, to the extent that the goods have not been reported to be ready for shipping by the expiration of the deadline. In the event of partial default, withdrawal from the entire contract is only possible if the purchaser is not interested in the partial fulfillment. Liability for slight negligence is barred for damages caused by delay. Acts of God, war or states of siege, official decrees, riots, traffic and operational disruptions, supply or raw material shortages by us or our suppliers, as well as all circumstances for which we are not responsible, entitle us to withdraw from the contract or to postpone the delivery by the duration of the hindrance, to the exclusion of claims for damages.
Goods not called up in time can be charged and brought to shipping. For storage of finished goods, we are entitled to create invoices and to require payment after expiration of the goal. The additional storage shall occur at the cost of the purchaser and can be charged to the purchaser.
7. Shipping and transfer of the risk
Risk shall transfer to the purchaser with the transfer of the goods to the shipper or freight carrier, however no later than when the goods leave the factory or storage. This also applies when carriage paid delivery is agreed to. One-way packaging shall not be returned.
8. Warranty and guarantee
Warranty The warranty for our products is based on the legal provisions of the general Civil Code and the Consumer Protection Act. Full warranty of tanks In addition, defective appliances are replaced within the framework of our full warranty within 1 year, as of the date of the invoice, including the replacement, procurement and incidental costs. As far as our hot-water heaters and pressurized boilers are concerned, the warranty amounts for 6 months, as of the date of the invoice. Guarantee of tanks Subsequent to the full warranty, defective enameled tanks are replaced within 4 years (5 years in total) and hygienic tanks within 9 years (10 years in total) within the framework of our guarantee. Preconditions are that the limits of the valid DHW regulations have been respected, the anode has been examined for the first time after 2 years and afterwards annually and that the anode has been replaced by an original Wikora anode (individual receipts needed) by a specialized company. Solar collectors A separate written guarantee applies for all solar collectors. Warranty for accessories and spare parts Defective accessories and spare parts are replaced within 1 year, as of the date of the invoice.
All other claims are excluded. Repairs and costs which occur due to damage, inappropriate installation, chemical, electrochemical or electrical influences, incorrect operation or improper manipulation, are excluded. Furthermore, the warranty becomes invalid if the appliance has been modified through the installation of externally supplied parts or through irregular professional maintenance. Electrical industry products The warranty and guarantee for electrical industry products conform to the conditions published by the German Electrical and Electronic Manufacturers’ Association (ZVEI). Parts that have a material defect, provided the reason for the defect already existed at the time of the risk being transferred, are to be repaired or supplied or provided again free of charge at the discretion of the supplier. Claims to supplementary performance shall be time-barred 12 months after the beginning of the statutory limitation period. 9. Notification of defects - returns The goods must be inspected by the purchaser immediately after arrival at the place of destination and must be handled with the care of a prudent businessman. Potential damage must be noted on the delivery receipt belonging to the shipment and sent to us promptly. Transportation damage must be complained of directly to the shipper or freight carrier. If the inspection is omitted or if defects are not lodged with us in writing within 8 days after receipt of the delivery, then any claim resulting from defects in the goods is barred. Returns without our clearance or freight collect returns will not be accepted.
10. Terms of Payment
Pricing and calculation shall be done in Euro without VAT. The VAT will be invoiced separately. Invoices are - to the extent not otherwise stipulated in writing - must be settled within 30 days after the invoice date without deduction. The purchaser shall bear the risk of transmitting the invoice amount to us or to the payment office commissioned by us. The obligation for payment of the purchase price is only fulfilled with the receipt of the amount by us, by our payment center or with the receipt at our giro account or bank account. The purchaser shall bear all costs for the transmission of the payment amount to us. This applies especially for note charges. Default interest in the amount of the respective bank interest shall be charged in the event of the credit period being exceeded, irrespective of any further rights. Drafts will only be accepted on account of payment on the basis of express written agreement. Credits for checks and drafts are always effective subject to payment and occur with value setting of the day on which we can dispose of the proceeds. If the purchaser defaults on his payments, we are then entitled to withdraw from the contract or to require damages due to non-performance. This also applies for unsatisfactory information regarding the financial situation of the purchaser, whereby payment can be required for goods already delivered before the due date of the invoice. Information from banks, SCHUFA (German credit reporting agency) or a recognized commercial credit agency shall suffice for the proof of negative information. Furthermore, the resale or the return of the collateral ownership in the delivered goods can be required at the cost of the purchaser. The purchaser authorizes us even now in the cases designated to enter the factory of the purchaser and to remove the goods; the removal shall not be deemed to be withdrawal from the contract. For orders not yet transacted, we are entitled to change the terms of payment, to require prepayments or to withdraw from the contract. Furthermore, we are entitled to the right to immediately pull all circulating exchange, drafts and checks from circulation, allowing for the deduction of all costs. Offsets can only be made, if the counterclaim is uncontested or has been determined by a court of law. Legal performance standards and rights of retention from earlier contracts are excluded. Potential credit entries shall always be deemed to be credit notes. A refund is expressly excluded.
11. Retention of title
The goods delivered by us shall remain the property of the supplier up to the complete payment of the total receivables accrued from the business relationship. The goods may neither be pledged nor assigned as security without our consent. The purchaser must immediately inform us of any garnishment by third party and to provide assistance necessary for the protection of all rights. The seller is entitled to resell the delivered goods even before payment is due within the orderly course of business. For this purpose, the purchaser assigns in advance all claims he is entitled to from the resale of the goods delivered by us against his customer in the amount of the purchase price or invoice amount at the conclusion of the purchase contract, as security. However, we are entitled at any time to demands details regarding the debtors and the particulars of the receivables and to independently collect the receivable of the garnishee. As long as the purchaser discharges his claims in respect to us, he is authorized to collect the assigned receivables. In the event of default in payment, we are entitled to the proceeds collected and they must be delivered to us. Processing and conversion of the goods subject to retention of title occurs for us as a manufacturer pursuant to § 950 BGB (German Civil Code), without obligating us. Goods not paid for by the time of the due date can be reclaimed at any time without an indication of reasons in return for a credit note and must be immediately paid over to the authorized agent.
12. Place of performance - venue
The place of performance for the purchaser's duty of payment and the place of venue for both parts is Hermaringen. We are also authorized to file suit against the purchaser in any other allowable place of venue. German law shall apply for all legal relationships between the purchaser and us to the exclusion of foreign law.
13. Severability clause
Should individual provisions of these Terms and Conditions of Sale and Delivery be or become invalid, in whole or in part, the remaining Terms and Conditions shall remain effective. (Subject to alterations)