Terms and Conditions

As at: ocober 2011

1. Area of application

Our general terms and conditions apply exclusively. Any differing, opposing or amending terms and conditions are not part of this contract. The notification of the customer's terms and conditions provided in a form are objected to.

2. Consumer and Business Terms

A consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor related to an independent business activity. Entrepreneur is a natural or legal person or a legal partnership, which is concluding a legal transaction to exercise their commercial or independent professional activity.

3. Reservation of title

The following applies to consumers:
The delivered goods will remain our property until the sales price has been paid in full. In the case of any third-party levy of execution with respect to the purchased goods, the customer must immediately notify us by handing over the documents necessary for an intervention.

The following applies to entrepreneurs:
The entrepreneur may resell the purchased goods in the normal course of business. Already at this point in time, the entrepreneur cedes all claims due to the reselling in the amount of our outstanding claims, whereas he remains entitled to collect the claims. We obligate ourselves not to collect the claims, as long as the entrepreneur is not in default and has not applied for the opening of insolvency proceedings.
The processing or redesign of the purchased goods is always carried out for us. If the purchased goods are processed together with other items which are not our property, we acquire joint ownership of the newly created item in the proportion of the value of the purchased goods (final invoice amount including VAT) to the value of the new item. If the item is inseparably mixed with other items which are not our property, we acquire joint ownership of the new item in the proportion of the value of the item (final invoice amount including VAT) to the value of the other mixed items at the time of the mixing.

4. Right of withdrawal

All comsumers have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us

BMT Fluid Control Solutions GmbH
Managing Director: Patrick Stamm
Max-Planck-Straße 16
61381 Friedrichsdorf
Telephone: +49 (0) 6101-95400-40
Fax: +49 (6101) 95400-39
Email: info@fluidcontrol24.com

by means of a clear statement (for example, a letter sent by post, or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation:

If you withdraw from this agreement, we have to refund all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer) at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the delivery of goods that are made to customer specifications or clearly tailored to personal needs, as well as the delivery of sealed goods that are not suitable for return for reasons of health or hygiene, if their sealing after the delivery was removed.
End of revocation

5. Deliveries

We give the ordered goods to a shipping company for delivery to the delivery address specified when ordered. The goods are supplied free curb within EU. Outside of EU airport or ferry port.

6. Warranty

The following applies to consumers:
In the case of used goods, warranty claims will come under the statute of limitation one year after the delivery.

The following applies to entrepreneurs:
In the case of new goods, warranty claims will also come under the statute of limitation one year after the delivery. The provisions of §§ 478, 479 BGB will remain unaffected. Warranty for used goods is excluded.

The following applies to consumers and entrepreneurs:
The shortening of the limitation period does not apply to warranty claims aimed at compensation and based on gross negligence or intention or the breach of essential contractual obligations. Contract-substantial obligations are obligations which enable the proper implementation of the contract and which the contractual partner may rely on to be fulfilled (cardinal obligations). Claims for compensation due to the harm to life, body or health or due to the Product Liability Act also remain unaffected.
The same applies for breaches of obligations by our agents.
If cardinal obligations are breached, the liability in cases of simple negligence is limited to the damages which are typically connected to the contract and unpredictable.

7. Limitation of liability

We exclude the liability for damages caused by simple negligence, as far as they do not result from the breach of contract-substantial obligations which enable the proper implementation of the contract and which the contractual partner may rely on to be fulfilled (cardinal obligations), for damages from the harm of life, body or health, or the Product Liability Act. The same applies to breaches of duty caused by our agents.
If cardinal obligations are breached, the liability in cases of simple negligence is limited to the damages which are typically connected to the contract and unpredictable.
With respect to the assumption of risk, the terms are identical with those of handover if the customer defaults in accepting the delivery of goods.

8. Compliance

Forbidden trade:

The entrepreneur / consumer undertakes not to sell, re-export or transfer any of our products, technical information or services to other countries, except those managed in full compliance with all applicable governmental requirements, including but not limited to applicable economic sanctions and restrictions by the US Department of the Treasury and applicable export control measures, administered by the US Department of Commerce and US Department of State, other US government agencies and the actions administered by the European Union or the government agencies of other countries.

Without limiting the foregoing, the entrepreneur / consumer undertakes no obligation to sell, re-export or transfer products, technical information or services supplied by BMT Fluid Control Solutions GmbH to the following countries: Russia, Belarus, Donetsk and Luhansk, Ukraine - Crimea, Iran, North Korea, Syria, Cuba or North Sudan. This also applies to transactions of all kinds with persons in those countries, whether direct or indirect.

All goods supplied may be used exclusively by non-military end-users for civil end-uses and may not be used, directly or indirectly, for any of the following purposes: military, nuclear, biological, chemical or terrorist weapons or missiles suitable for carrying such weapons.

These terms and conditions apply whether the end user or end user of the products is the business / consumer or a supplier or other contractor intending to resell those goods.

9. Final provisions

This contract is subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, who conclude the contract for a purpose that is not related to his / her activities, the choice of applicable law is only valid if the protection afforded by the mandatory provisions of the laws of the state in which the consumer has permanent residence are not withdrawn. As far the customer is a merchant, a legal entity of public law or a public special fund, Düsseldorf will be the place of jurisdiction; we are however entitled to also sue the customer at the court of his residence.