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Conditions of Use

General Terms and Conditions of Business and Delivery of MARCH PUMPEN GmbH & Co. KG (GTC) (as of August, 1st 2022)

1. Scope of validity

1.1 The following terms and conditions (GTC) apply exclusively to ordinary merchants and corporations under public law and are the contractual basis for our business relationships with those who order our products and become part of the contract at the time we accept a contract offer (an order). These terms and conditions also apply to all future business relationships with the customer.
1.2 Supply contracts with MARCH PUMPEN . GmbH&Co.KG, furthermore also named “the supplier” in commercial legal relations shall be executed according to this terms and conditions. By their respective inclusion the following GTC shall constitute an integral part of the contract of delivery with MARCH PUMPEN GmbH&Co.KG as contractor.
1.3 Deviations from these terms and conditions are only valid if they are expressly agreed in writing.
1.4 Other terms and conditions are not recognised and withdrawn herewith. These do not apply even if we carry out the delivery unconditionally in knowledge of them without contradicting them again; rather, the order is deemed to be an unconditional acceptance of our terms and conditions. Customer claims cannot be assigned without our written consent.
1.5 Purchasing conditions of the client are herewith generally rejected unless they are expressly confirmed in writing. Any conflicting or deviating General Terms and Conditions shall only constitute an integral part of the contract if the supplier has expressly agreed in writing in the individual case. The Client agrees that in conflicting or doubtful cases the GTC of the supplier shall apply.
1.6 The client has the right to reject the GTC of the supplier within 3 (three) days after date of receipt of the order acknowledgement from the supplier. At the latest when accepting the delivery, the customer accepts the GTC of the supplier.
1.7 Regulations deviating from the provisions of these GTC shall require a written agreement, which must expressly identify the modification to the respective GTC clause.

2. Offer and industrial property rights

2.1 Our offers information are non-binding and subject to change at any time unless otherwise expressly agreed. Assurances of properties that the customer can expect from our public statements, in particular from our employees and representatives, in advertising or in the labeling of the goods or due to commercial usage, are non-binding even if we have given them in writing. We expressly reserve the right to make technical changes and product improvements.
2.2 Orders are only accepted when they have been confirmed by us in writing. Changes to the order confirmation issued by us as well as other agreements, verbal understandings and assurances require our written confirmation to be legally effective.
2.3 The information given in our catalogues and brochures are non-binding guide values. Obvious errors, printing, calculation, writing and calculation errors are non-binding and do not give any claim to performance.
2.4 The customer assumes full liability for the binding nature of the documents to be supplied by him, such as drawings, gauges, samples or the like. Verbal information about dimensions, tolerances or the like require written confirmation.
2.5 We reserve the right of ownership and copyright to all documents. They may not be made accessible to third parties or used for other purposes, in particular self-production or reverse engineering. Upon request, they must be sent back to us immediately.
2.6 We reserve all rights to delivered samples. Processing costs incurred when samples are returned will be invoiced separately and must be borne by the customer.
2.7 All offers, as well as all related calculations, designs, drawings, etc. prepared on the part of MARCH PUMPEN GmbH&Co.KG. are the intellectual property of the supplier and must not be copied or disclosed to third parties unless the written approval of MARCH PUMPEN GmbH&Co.KG has been obtained.
2.8 The client is liable for the fact that the documents, information or other things he has provided and the use of things such as plans, calculations, samples, etc. do not violate any industrial property rights of third parties and indemnifies the contractor from such claims.
2.9 License fees or costs arising from the defense against infringements of industrial property rights and the defense against such claims shall be borne by the customer. Where industrial property rights evolve within the framework of an order, the supplier shall be granted the right to acquire a non-exclusive right of use from the Client under reasonable and customary conditions.

3. Pricing, scope of deliveries and Force Majeure

3.1 All deliveries of MARCH PUMPEN GmbH&Co. KG are ex-works Giessen, packing excluded only.
3.2 The place of performance and the transfer of risk is the loading platform of the supplier.
3.3 The transportation and the unloading of the goods shall be carried out at the risk of the Client, also when the supplier involves a carrier (sale by delivery at the request of the purchaser).
3.4 The supplier shall be entitled but – unless expressly agreed – not obliged to take out a reasonable transport insurance on behalf and at the expense of the Client, and which covers at least the invoice amount of the goods.
3.5 Unless otherwise expressly agreed in writing with the Client shall be responsible for the compliance with statutory and official provisions concerning the import, transportation, storage and use of the goods.
3.6 If at the time of the delivery and/or rendering of services the exportation of our deliverables/services is subject to statutory or official authorisation and the accordingly requested export licence is not granted, we shall be entitled to withdraw from the contract. All costs incurred by the supplier prior to withdrawal are to be reimbursed to the contractor.
3.7 In case of Force Majeure the supplier’s obligations regarding delivery and performance shall be suspended. The same applies to a shortage of energy or raw materials, industrial disputes official decrees, traffic or operational disturbances or if the supplier’s subsuppliers fail to timely and properly supply him for any of the aforementioned reasons.
3.8 The supplier shall not be liable for any costs incurred by the customer as a result of delay due to force majeure or the reasons listed in the previous paragraph.
3.9 Price changes are permitted if there are more than six weeks between the conclusion of the contract and the agreed delivery date. If the wages, material costs or the market acquisition prices increase after that, we are entitled to increase the price appropriately in accordance with the cost increase. The customer is only entitled to withdraw if the price increase not only slightly exceeds the increase in general living expenses between order and delivery.

4. Time limits, delivery dates

4.1 Time limits for the completion of the order are without obligation, unless the parties have expressly agreed on deadlines. Where such a deadline has been agreed, the Client is to grant a grace period of six weeks in case of delay in performance.
4.2 Unlimited permanent orders relating to order performances to be rendered repeatedly must be terminated observing a notification period of at least 6 months.

5. Terms of Payment

5.1 Unless otherwise specified in the order confirmation or the accepted binding offer, the following terms of payment apply. We expressly reserve the right to deviate from these conditions in individual cases.
5.2 In the case of deliveries abroad or other given occasions, we can demand the opening of an irrevocable and confirmed letter of credit on first sight, payable to a bank to be specified by us, or other equivalent securities or payment in advance or payment against documents. The customer bears the costs for these options.
5.3 If nothing else was agreed our invoices are payable 30 days after the invoice date without any deduction in Germany and Austria only. If receipt of payment will be within 10 days of the invoice date, or for payments in advance we grant a 2% discount unless otherwise agreed in writing. The day the payment received by us is decisive for the timeliness of the payment.
5.4 We do not accept Bills of exchange or cheques in general.
5.5 The place of performance for payments is the registered office of the supplier in in Giessen/Germany.

6. Delivery time

6.1 The delivery time starts when all the requirements for the execution of the order are met, in particular all details of the execution have been clarified (including the requested plans or samples for the equipment of the ordered machines and devices are available to us), both parties have agreed on all the terms of the contract and the customer has received the written order confirmation. The delivery time refers to the completion in the factory and their provision there.
6.2 The delivery time stars when all contractual obligations of the customer have been fulfilled, in particular after receipt of payment (section 5 point 3) of an agreed down payment.
6.3 Unforeseen events, e.g. force majeure, operational disruptions, sabotage, war or war-like conditions, terrorist attacks, import and export bans, energy and raw material shortages, natural phenomena, strikes, lockouts, exclusion of a part that cannot be replaced immediately in our own works or at subcontractors, and delay of the same or necessary changes due to new findings extend the delivery time appropriately - even during the delay - even if official or other permits or third-party documents required for the execution of deliveries are not received in time, as well as in the case of subsequent changes to the order. The customer will be informed about such extensions of the delivery time.
6.4 Partial services are permitted. The terms of payment according to Section 5 apply to them accordingly.
6.5 Contractual penalties of the customer or third parties are not recognized unless we have expressly agreed to them in writing. Otherwise, we are only in default if we have received a written reminder with a reasonable grace period and this grace period has expired unused.
6.6 If shipment is delayed for reasons for which we are not responsible, particularly at the request of the customer, we are entitled to charge for the costs incurred as a result of storage starting two weeks after notification of readiness for shipment. The due date of our invoices is also determined in this case according to the invoice date. We calculate the storage in our works with at least 3% of the invoice amount for each started month or we calculate the storage costs actually incurred.

7. Passing of Risk

7.1 The risk passes to the customer ex-works for all shipments, including any returns, regardless of the route and means of transport.
7.2 If shipping, installation or commissioning is delayed as a result of circumstances for which we are not responsible, in particular those circumstances mentioned in section 6 point 3, the risk is already transferred to the customer from the time the goods are ready for shipping.
7.3 Insurance against transport damage is at the expense of the customer.
7.4 The above regulations also apply to partial deliveries.

8. Packaging and Shipping

8.1 Packing costs will be charged separately. The goods will be packed and dispatched in a customary manner at our discretion. Transport crates will be credited within four weeks at 2/3 of the calculated value if they are returned carriage paid and in good condition, provided this has been agreed in writing. Other packaging will not be taken back.
8.2 The transport is not part of the all other shipping and transport costs are charged separately. Unless there is a special written agreement, the choice of transport route and means of transport is made to the best of our judgement, without any liability for cheaper shipping or shorter routes.

9. Scope of delivery, commissioning

9.1 Unless otherwise agreed in writing, the scope of delivery exclusively includes the contractual delivery product without additional services.
9.2 Commissioning, instruction, maintenance and other ancillary services are not part of the scope of delivery owed and will be charged separately.
9.3 If the commissioning is contractually agreed, the customer shall bear the expenses incurred for fitters and allowance rates, in particular for overtime, Sunday and public holiday work. Travel and accommodation costs as well as expenses for the transport of tools and luggage are borne by the customer. Travel and waiting time count as working time.
9.4 The start of commissioning presupposes that the customer has provided all necessary preliminary work in full and properly; in particular, he must provide the energy required for commissioning.

10. Liability for Defects

10.1 Parts that are subject to natural or increased wear and tear are excluded from the warranty. If used objects are the subject of the contract, any liability for defects is excluded.
10.2 The customer must inspect the goods immediately upon receipt and if a defect is found, report this immediately in writing. If the customer fails to notify us in writing, the goods are deemed to have been approved. If a defect only becomes apparent later, written notification must be given immediately after the defect is discovered, otherwise the goods are deemed to have been approved in view of this defect.
10.3 If there is a defect in the delivered goods or our service for which we are responsible, we are entitled to choose between eliminating the defect or delivering new goods or providing new services. As a rule, at least two attempts to remedy the defect can be reasonably expected of the customer. The customer must give us the necessary time and opportunity to remedy the defect, otherwise we are released from liability for defects. The elimination of defects only refers to the defective individual parts that have been proven to us; there is no obligation to replace the entire delivery item.
10.4 The limitation period for claims for defects is 12 months, calculated from the transfer of risk.
10.5 We are not liable for damage as a result of improper or unsuitable use, lack of chemical resistance, incorrect assembly or commissioning by the customer or third parties, incorrect or negligent handling, excessive stress, unsuitable operating resources, penetration of foreign bodies, defective work on deliveries by third parties, external Influences, incorrect installation of the pumps and damage from operation outside the technical limit values and permissible working areas. The chemical resistance of the ordered materials must be checked by the customer himself. The same applies to the usability of the delivery product for the intended application.
10.6 With the order, the customer confirms that the suitability of the delivery product for the intended application has been checked and approved by the customer with knowledge of the overall application.
10.7 Guarantees of technical properties with regard to the usability and chemical resistance of the materials offered are non-binding even if they were made by us in writing. Our non-binding offer proposals are deemed to have been checked and approved when the order is placed.
10.8 In all cases, the risk and responsibility for operating the delivery product and compliance with all legal and safety-related operating regulations lies with the customer.
10.9 We are only liable for third-party products to the extent that the subcontractor has given us a guarantee in terms of time and substance.
10.10 A claim for compensation for damage that has not occurred to the delivery item itself is excluded.

11. Limitation of Liability

11.1 We are only liable for our own intentional behavior and our own gross negligence.
11.2 The commissioning of the delivery product is deemed prohibited and any warranty and liability, including for consequential damage, is rejected if the customer cannot guarantee compliance with the safety regulations in the operating instructions, the local and statutory safety regulations.
11.3 Compliance with the safety regulations of the supplied documentation or the operating instructions is binding and a prerequisite for commissioning.
11.4 The commissioning and operation of our delivery products is reserved exclusively for authorized specialist personnel.
11.5 Insofar as our liability is excluded, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents. The same as regulated in the above points applies to our liability for compensation for futile expenses.

12. Withdrawal, Reduction and Compensation

12.1 The customer only has a right of withdrawal or a right to a reduction in price if we have allowed a reasonable period of grace. This period given to us in writing within the meaning of section 10 point 3, to elapse without result or if we refuse to remedy a defect that has been proven to us and acknowledged by us in writing becomes.
12.2 A warranty claim by the customer for damages instead of performance is excluded.
12.3 In the event of subsequent inability to fulfill the contract, in particular in the cases of Section 6 Item 3, we also have the right to withdraw from the contract in whole or in part. Claims for damages by the customer due to such a withdrawal are excluded.

13. Cancellation Costs

13.1 If the customer withdraws from an order placed without justification, we can demand 30% of the order value for the costs incurred by processing the order and for lost profit or re-storage, without prejudice to the possibility of asserting higher actual damages.

14 Retention of Title

14.1 We retain ownership of the delivered goods until all claims against the customer that we are entitled to and future claims have been paid. Letter of credit order does not count as payment.
14.2 The customer may only dispose of the delivery item in the ordinary course of business; other dispositions are not permitted. In the event of attachments, confiscations or other dispositions by third parties, the customer must inform us immediately and provide us with all information and documents that are necessary to protect our rights. Enforcement officers and other third parties must be informed of our property.
14.3 The delivered goods are processed for us without any obligations arising for us as a result. If our goods are processed, mixed or combined with other goods that do not belong to us by the customer or third parties, we are entitled to co-ownership of the new item in proportion to the value of the reserved goods to the other goods at the time of processing, mixing or combination . If the customer acquires sole ownership of the new item, we agree with him that he grants us co-ownership in the ratio of the value of the processed, mixed or combined reserved goods to the value of the new item and stores them for us free of charge.
14.4 All claims from the resale of the reserved goods, regardless of whether the sale takes place without or after processing, mixing or connection, are already assigned to us by the customer. We accept the assignment. The customer is entitled to collect the claim as long as he fulfils his obligations under the contract. We reserve the right to collect the claim ourselves as soon as there is a delay in payment. The same applies if an application has been made to open insolvency proceedings or if payments have been suspended. In this case, the customer has to hand over the assigned claims and his debtors to us upon request.
14.5 The customer is obliged to notify us immediately of any access by third parties to the goods delivered under retention of title and to the rights assigned to us.

15. Place of Performance and Jurisdiction

15.1 The place of performance for delivery and payment is the registered office of MARCH PUMPEN GmbH&Co. KG, Giessen/Germany.
15.2 The sole place of jurisdiction for disputes arising directly or indirectly from the contractual relationship - including actions on checks and bills of exchange - is the competent court at the registered office of MARCH PUMPEN GmbH&Co. KG, Giessen/Germany. We are also entitled to sue at the customer's headquarters.
15.3 German law applies exclusively, excluding the laws governing the international purchase of movable property, even if the customer is based abroad.

16. Final Provisions

16.1 The transfer of rights and obligations of the customer from the contract requires our written consent to be effective.
16.2 Should individual provisions of our terms and conditions of business and delivery be or become ineffective, the ineffective provision shall be replaced by a provision which comes as close as possible to the economic meaning and purpose of the ineffective provision; the same applies to any contractual gaps. All other contractual provisions remain unchanged. Note according to the Federal Data Protection Act In accordance with the Federal Data Protection Act, we would like to point out that we store and process electronic data about our interested parties and customers. The processing serves exclusively to manage and process the interests of our customers and prospects. It will not be passed on to third parties.