1. Applicability of the general terms and conditions
1.1 The following terms and conditions apply exclusively to regular merchants and public-law bodies and form the basis of our business relationships with the purchasers of our products and become part of the contract at the time we accept an offer to contract (an order). These terms and conditions also apply to all future business relationships with the purchaser.
1.2 Deviations from these terms and conditions are only valid if expressly agreed in writing.
1.3 The purchaser’s own terms and conditions are not recognised. They do not apply even if we carry out the delivery without reservation in the knowledge of them, without objecting to them again; rather, the order is deemed an unreserved acceptance of our terms and conditions.
1.4 The purchaser’s claims may not be assigned without our written consent.
2. Offer and conclusion of contract
2.1 Our statements are non-binding and subject to change unless expressly agreed otherwise. Assurances of properties that the purchaser can expect from our public statements, in particular by our employees and representatives, in advertising or in the labelling of the goods or on the basis of a trade custom, are non-binding even if they have been given by us in writing. We expressly reserve the right to make technical changes and product improvements.
2.2 Orders are only accepted once we have confirmed them in writing. Amendments to our order confirmation and other agreements, verbal arrangements and assurances require our written confirmation to be legally effective.
2.3 The information in our catalogues and brochures is non-binding guidance. Obvious errors, printing, calculation, writing and costing errors are non-binding and do not give rise to any claim to performance.
2.4 The purchaser assumes full liability for the binding nature of the documents to be supplied by them, such as drawings, gauges, samples or the like. Verbal information on dimensions, tolerances or the like requires written confirmation.
2.5 We reserve ownership and copyright in all documents. They may not be made accessible to third parties or used for other purposes, in particular for making copies themselves, without our written consent. On request they must be returned to us immediately.
2.6 We reserve all rights in samples supplied. Any reconditioning costs arising on return of samples will be invoiced separately and must be borne by the purchaser.
3. Scope of deliveries and services
3.1 Our written order confirmation is solely decisive for the scope of deliveries and services.
3.2 In principle, all deliveries are made unpackaged, ex works, in Germany plus statutory value added tax, unless otherwise agreed in writing.
4. Prices
4.1 Our prices apply ex works excluding packaging, transport and insurance, plus the applicable statutory value added tax. If the dispatch
4.2 Prices or surcharges for carriage-paid, FOB, C&F, CIF deliveries, etc. are non-binding and, where applicable, increase in accordance with any tariff changes that have occurred.
4.3 Price changes are permitted if more than six weeks lie between the conclusion of the contract and the agreed delivery date. If wages, material costs or market purchase prices increase thereafter until delivery is completed, we are entitled to increase the price appropriately in line with the cost increase. The purchaser is only entitled to withdraw if the price increase exceeds the rise in general living costs between order and delivery by more than an insignificant amount.
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 them in individual cases.
5.2 For deliveries abroad or on other given occasions, we may demand the opening of an irrevocable and confirmed letter of credit, payable at a credit institution to be specified by us, or other equivalent security. The costs of this are borne by the purchaser.
5.3 Our invoices are payable 30 days after the invoice date without any deduction. If payment is received within 10 days of the invoice date, we grant a 2% cash discount unless a different written agreement has been made. The day on which payment is received in one of our accounts is decisive for the timeliness of payment.
5.4 For special designs, i.e. designs that deviate from catalogue designs, and for orders for products and services exceeding a value of EUR 10,000.00, the following terms of payment are deemed agreed: 30 % of the order value on placing the order, 30 % of the order value on notification that the goods are ready but before delivery, 30 % of the order value on invoicing, 10 % of the order value 30 days after the invoice date, in each case net and including the proportionate value added tax and subject to a positive credit check.
5.5 Cheques are only accepted on account of payment; payments by bill of exchange are not accepted. Incidental costs for cheque payments are borne by the purchaser.
5.6 In the event of late payment, interest of 8 % above the respective ECB base rate will be charged without the need for a special reminder, subject to the assertion of further damages.
5.7 Set-off against counterclaims is not permitted. Withholding payments because of any counterclaims not recognised by us is likewise not permitted.
5.8 If the purchaser or its client becomes insolvent after conclusion of the contract, insolvency proceedings are applied for over its assets, or circumstances arise after conclusion of the contract that significantly impair the purchaser’s creditworthiness, we may refuse our delivery or service until the consideration has been provided or security has been furnished for it. The same applies if facts supporting a material deterioration in the financial situation of the purchaser or its client only become known to us after conclusion of the contract, even if they already existed before conclusion of the contract. In such a case we are entitled to perform only against payment in advance or to make the payment claim due immediately. We are also entitled to withdraw from the contract without any obligation to pay damages.
6. Delivery time
6.1 The delivery time only begins once all prerequisites for execution of the order are in place, in particular all details of execution have been clarified (including requested plans or samples for the installations of the ordered machines and equipment being available to us), both parties are in agreement on all conditions of the contract and the purchaser has received the written order confirmation. The delivery time refers to completion at the works and making the goods available there.
6.2 The delivery time only begins once the purchaser has fulfilled all contractual obligations, 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 events, strikes, lockouts, failure of a part that cannot be replaced immediately in our own works or at subcontractors, as well as delay by the same or necessary changes based on new findings, extend the delivery time appropriately, even during a period of delay, and also where official approvals 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 purchaser will be informed of such extensions of the delivery time.
6.4 Partial deliveries are permitted. The terms of payment under section 5 apply to them accordingly.
6.5 Contractual penalties of the purchaser or third parties are not recognised unless we have expressly agreed to them in writing. Otherwise we are only in default if a written reminder with a reasonable grace period has been received by us and this grace period has expired unused.
6.6 If dispatch is delayed for reasons for which we are not responsible, in particular at the request of the purchaser, we are entitled to charge the costs incurred by storage, starting two weeks after notification that the goods are ready for dispatch. In this case too, the due date of our invoices is determined by the invoice date. We charge storage in our works at a minimum of 1 % of the invoice amount for each month commenced, or we charge the storage costs actually incurred.
7. Transfer of risk
7.1 Risk passes to the purchaser ex works for all shipments, including any returns, regardless of the route and means of transport.
7.2 If dispatch, installation or commissioning is delayed as a result of circumstances for which we are not responsible, in particular those mentioned in section 6 point 3, risk passes to the purchaser from the time the goods are ready for dispatch.
7.3 Insurance against transport damage is at the purchaser’s expense.
7.4 The above provisions also apply to partial deliveries.
8. Packaging and dispatch
8.1 Packaging is charged separately. The goods are packed and dispatched in the customary commercial manner at our discretion. Transport crates are credited at 2/3 of the value charged if returned properly, carriage paid and in proper condition within four weeks, provided this was agreed in writing. Other packaging is not taken back.
8.2 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 at our best discretion without any liability for cheaper freight or a shorter route.
9. Scope of delivery, commissioning
9.1 Unless otherwise agreed in writing, the scope of delivery comprises exclusively the delivery product that is the subject of the contract, without ancillary services.
9.2 Commissioning, instruction, maintenance and other ancillary services are not part of the owed scope of delivery and are charged separately.
9.3 If commissioning is agreed contractually, the purchaser bears the expenses incurred for fitters’ and subsistence rates, in particular also for overtime, Sunday and public holiday work. Travel and accommodation costs and expenses for the transport of tools and luggage are borne by the purchaser. Travel and waiting time count as working time.
9.4 The start of commissioning requires that the purchaser has provided all necessary preliminary work completely and properly; in particular, the purchaser must make available the energy needed for commissioning.
10. Liability for defects
10.1 Parts subject to natural or increased wear are excluded from the warranty. If used items are the subject of the contract, any liability for defects is excluded.
10.2 The purchaser must inspect the goods immediately upon receipt and, if a defect appears, notify it in writing without delay. If the purchaser fails to give written notice, the goods are deemed approved. If a defect only appears later, written notice must be given immediately after discovery of the defect, otherwise the goods are deemed approved in respect of this defect.
10.3 Where there is a defect in the delivered goods or our service for which we are responsible, we are entitled, at our choice, to remedy the defect or to deliver new goods or to provide new services. As a rule, at least two attempts at remedying the defect are reasonable for the purchaser. To carry out the remedy, the purchaser must give us the necessary time and opportunity; otherwise we are released from liability for defects. The remedy relates only to the defective individual parts proven to us; there is no obligation to replace the entire item delivered.
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 resulting from improper or unsuitable use, insufficient chemical resistance, faulty installation or commissioning by the purchaser or third parties, faulty or negligent handling, excessive stress, unsuitable operating materials, ingress of foreign bodies, defective work on deliveries by third parties, external influences, incorrect sizing of the pumps, and damage resulting from operation outside the technical limits and permissible operating ranges. The chemical resistance of the ordered materials must be checked by the purchaser. The same applies to the suitability of the delivery product for the intended application.
10.6 By placing the order, the purchaser confirms that the suitability of the delivery product for the intended application has been checked and approved by the purchaser with knowledge of the overall application.
10.7 Technical assurances of properties regarding the suitability and chemical resistance of the materials offered are deemed non-binding even if given by us in writing. Our non-binding proposals are deemed checked and approved when the order is placed.
10.8 In all cases, the risk and responsibility for operating the delivery product and for complying with all statutory and safety-relevant operating regulations lie with the purchaser.
10.9 For third-party products, we are only liable to the extent in time and substance to which the subcontractor has assumed the warranty towards us.
10.10 A claim for compensation for damage that has not arisen to the item delivered itself is excluded.
11. Limitation of liability
11.1 We are only liable in the event of our own intentional conduct and our own gross negligence.
11.2 Commissioning of the delivery product is deemed prohibited and any warranty and liability, including for consequential damage, is excluded if the purchaser cannot guarantee compliance with the safety regulations of the operating instructions and the local and statutory safety regulations.
11.3 Compliance with the safety regulations of the documentation supplied or the operating instructions is binding and a prerequisite for commissioning.
11.4 Commissioning and operation of our delivery products is reserved exclusively for authorised specialist personnel.
11.5 Where our liability is excluded, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents. The same as stipulated in the preceding points applies to our liability for compensation for wasted expenses.
12. Withdrawal, reduction and damages
12.1 The purchaser only has a right of withdrawal or a right to a reduction if we have allowed a reasonable grace period set by the purchaser in writing within the meaning of section 10 point 3 to expire without result, or if we refuse to remedy a defect that has been proven to us and acknowledged by us in writing.
12.2 A warranty claim of the purchaser for damages in lieu of performance is excluded.
12.3 In the event of a subsequently emerging inability to perform the contract, in particular in the cases of section 6 point 3, we are likewise entitled to withdraw from the contract in whole or in part. Claims for damages by the purchaser because of such a withdrawal are excluded.
13. Cancellation costs
13.1 If the purchaser withdraws from an order placed without justification, we may, without prejudice to the possibility of claiming higher actual damage, demand 30 % of the order value for the costs incurred in processing the order and for lost profit or return to storage.
14. Retention of title
14.1 We retain title to the delivered goods until all our existing and future claims against the purchaser have been paid. An order by letter of credit does not count as payment.
14.2 The purchaser may only dispose of the delivered item in the ordinary course of business; other dispositions are not permitted. In the event of attachments, seizures or other dispositions by third parties, the purchaser must notify us immediately and provide us with all information and documents required to protect our rights. Enforcement officers and other third parties must be informed of our ownership.
14.3 Processing of the delivered goods is carried out for us without any obligations arising for us from this. If our goods are processed, mixed or combined by the purchaser or third parties with other goods not belonging to us, we are entitled to co-ownership of the new item in the ratio of the value of the goods subject to retention of title to the other goods at the time of processing, mixing or combining. If the purchaser acquires sole ownership of the new item, we agree with the purchaser that the purchaser grants us co-ownership of the latter in the ratio of the value of the processed, mixed or combined goods subject to retention of title to the value of the new item and keeps it for us free of charge.
14.4 The purchaser hereby assigns to us all claims arising from the resale of the goods subject to retention of title, regardless of whether the sale takes place without or after processing, mixing or combining. We accept the assignment. The purchaser is entitled to collect the claim as long as it fulfils its obligations under the contract. We reserve the right to collect the claim ourselves as soon as payment is in default. The same applies if an application for the opening of insolvency proceedings has been filed or payments have been suspended. In this case the purchaser must, on request, hand over to us the assigned claims and its debtors.
14.5 The purchaser 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.
15.2 The sole place of jurisdiction for disputes arising directly or indirectly from the contractual relationship, including cheque and bill of exchange actions, is the competent court at the registered office of MARCH PUMPEN GmbH. We are also entitled to sue at the purchaser’s principal place of business.
15.3 German law applies exclusively, excluding the laws on the international sale of goods, even if the purchaser has its registered office abroad.
16. Final provisions
16.1 The transfer of the purchaser’s rights and obligations under the contract requires our written consent to be effective.
16.2 Should individual provisions of our terms and conditions of sale and delivery be or become invalid, the invalid provision shall be replaced by a provision that comes closest in an effective manner to the economic meaning and purpose of the invalid provision; the same applies to any gaps in the contract. All other contractual provisions remain unaffected.
Note on data protection
We store and process electronic data of our prospective and existing customers exclusively for the administration and handling of the business relationship. It is not passed on to third parties. Further information can be found in our privacy policy.