General Terms & Conditions for Products & Product Purchasing

§1 Scope

1. Deliveries, services and offers from FILTRACON® shall be governed exclusively by these terms and conditions of trade, even if they have not yet been expressly agreed to. These terms and condition shall be considered accepted whenever a good or service is ordered. The purchaser’s general terms and conditions of purchase shall not apply. Deviations from these terms and conditions of trade are only valid if endorsed in writing.

§2 Offer and Completion of the Contract

1. FILTRACON®‘s offers in price lists and advertise ments are non-binding and subject to change. Orders are not binding for FILTRACON® until confirmed in writing.
2. The information in our sales materials (drawings, diagrams, mass, weight and other specifications) should only be regarded as guideline values, and do not constitute a guarantee of actual properties unless they have been expressly indicated in writing as binding.

§3 Prices

1. The definitive prices are those quoted in our order confirmation. For goods in storage, these are fixed at the time of the order.
2. All prices are quoted without shipping included, unless agreed otherwise.

§4 Timeframe for Delivery and Payment

1. Payment and delivery times are not binding, unless expressly agreed otherwise in writing. The specific dates and times for delivery from FILTRACON® are subject to correct and timely provision of supplies to FILTRACON® by sub-suppliers and manufacturers.

§5 Default of Acceptance

1. If the purchaser refuses to accept a deliverable or declares that they are unwilling to purchase a deliverable after expiry of an additional period of time allotted to the purchaser for performance of the contract, FILTRACON® can refuse to fulfill the contract and can claim compensation for damages due to non-performance. FILTRACON® is entitled to claim, at its discretion, either a lump sum payment of 25% of the agreed purchase price or compensation for the damages actually incurred on account of the purchaser.

§6 Delivery

1. Visible quantity discrepancies must be reported to FILTRACON® and the shipping company immediately on receipt of the goods, or within 4 days of receipt of the goods in the case of quantity discrepancies detected subsequently. Any complaints concerning damage, delays, loss or improper packing must be reported immediately on receipt of the package.

§7 Transfer of Risk

1. Risk shall be transferred to the purchaser as soon as the delivery is handed over to the person performing shipment. In the event that the delivery is delayed or is not possible due to no fault of our own, the risk shall be transferred to the purchaser when the delivery is reported ready for dispatch. Any special agreements by which FILTRACON® takes on shipping costs shall not have any effect on the transfer of risk.

§8 Warranty

1. The warranty period starts on the delivery date and runs for 3 months. If our operating instructions are not observed, or if any modifications are made, parts are exchanged or consumables are used which do not meet the original specifications, then all warranties and guarantees shall be void to the extent that the defect is attributable to these. This also applies to the extent that the defect is attributable to improper use, storage or upkeep. Minor deviations from guaranteed properties shall not give rise to warranty claims.
2. We cannot be held liable for normal wear.
3. Any warranty claims against FILTRACON® fall exclusively to the immediate purchaser and are non- transferable.

§9 Returns

1. For returns, we request that the defective product be sent back to FILTRACON® for replacement, along with a copy of the bill that was delivered with the product. Delivery costs shall be covered by the purchaser. Any exchanges provided shall not result in new warranty periods.

§10 Reservation of Proprietary Rights

1. The delivered goods shall remain the property of FILTRACON® until payment in full.

§11 Payment

1. Invoices are payable in cash or net without deductions within 20 days, according to the particular agreement, unless agreed otherwise. In principle, the delivery arrangement is cash-on-delivery, i.e. at the purchaser’s expense by parcel post, private shipping company or the purchaser’s own vehicle, unless expressly agreed otherwise.
2. Payment shall not be considered complete until we are in possession of the sum.
3. If the purchaser goes into default, then we shall be entitled to charge 5% interest starting from that time. During the period of default, FILTRACON® is entitled, at any time, to withdraw from the contract, to request return delivery of the goods provided and to claim compensation for damages due to dissolution of the contract.
4. All payments for claims shall be due immediately if the buyer goes into default of payment, culpably fails to meet other contractual obligations or if we become aware of any circumstances which call the buyer’s credit-worthiness into question, in particular, cessation of payment or impending bankruptcy or insolvency proceedings. In such cases, we shall be entitled to withhold outstanding deliveries or to require advance payment or assurances for them.

§12 Limitation of Liability

1. Neither our company nor our performing and/or vicarious agents can be held liable for claims for compensation for damages due to inability to perform, breach of contract, default on completion of the contract or unlawful acts, except in cases of intentional misconduct or gross negligence. Our liability does not cover claims for consequential damage due to use of the products.

§13 Privacy Policy

1. FILTRACON® is entitled to process purchaser data pertaining to or acquired in connection with business relations in the manner detailed in the German Data Protection Act (Bundesdatenschutzgesetz), regardless of whether the data originates from the purchaser itself or from third parties.
2. Personal customer data shall be handled with confidentiality and shall not be disclosed to third parties.

§14 Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising either directly or indirectly from the contractual relationship shall be Balsthal, Switzerland. The legal relationship shall be governed by Swiss law.