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Level Control Systems
Individual Production
Valve Systems
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 General Terms and Conditions

Payment: 8 days; less 2 % discount, 30 days net.
Minimum order: 25 €. Complaints have to be made within 8 days of receiving of goods. All merchandise remains property of J. F. Zimmer until final payment has been made. Return of any merchandise is possible only in exceptional cases, after consultation with us. A fee for re-testing and handling of at least 20 % of sale price will be charged. This does not apply to shipments of samples that have explicitly been billed as such.
General Terms: For all our quotes, sales and shipments the following terms are valid exclusively. By placing an order the customer agrees to these terms to their full extend. Different terms are only valid by a separate agreement and a written confirmation of such an agreement by us. The change or modification of any single term will not affect the validity of the remaining terms. We are not bound by the purchase terms of our customer even without our explicit objection to such terms. Any rights and obligations resulting from our sales-contract cannot be transferred to others without our explicit consent. These terms apply to all present and future business transactions, even if no particular reference is made to these, in any singular placing of an order, up and until the time of any different agreement.
Quotes, Technical Application Advice, and Modification Proviso: All quotes are subject to change, even without particular agreement. Use, application, utilization and processing of received goods are the sole responsibility of customer. Any written or oral advice in regard to technical application by the vendor is strictly non-binding advice and does not release the buyer/customer from his responsibility of checking and assuring the products suitability for their intended purpose and processes. Any further liability by the vendor is limited to the value of shipped merchandise. Technical designs are subject to change without notice. Illustrations and technical data in brochures or any other media are intended for general information only. Technical data are only binding if we specifically confirm them.
Orders: Orders are regarded as accepted, once we have confirmed them in writing. If delivery is made promptly without a written confirmation, the invoice is regarded
    as confirmation of order.

Prices: Our prices are subject to change and are effective from warehouse, exclusive of packaging, postage, freight, other shipping costs, insurance, customs duty and assembly. We reserve the right, as is permissible by law, for a corresponding and proportionate price increase, if in the time between confirmation of order and delivery, the basis for our calculation of price, in regard to wages, raw materials, freight, custom duties, taxes and other expenses has changed or risen. The calculation of charges for total billed is determined, by us, by number of units sold.

Shipping: The agreed upon delivery time for each individual order is subject to change. The delivery deadline is considered as kept with notification of readiness to ship in time, in cases where shipping is not possible due to circumstances beyond our control. Customer cannot reject partial shipments. Over- and under-delivery is permissible up and to 10 % of ordered goods. A commitment to keep agreed upon delivery time can only be made on conditions of an undisturbed flow of fabrication processes. We are permitted to cancel all or part of our shipping agreements in cases where due to forces of nature, interruption of service and operation, measures by authorities, shortage in raw and auxiliary materials at the time of manufacturing and other unforeseen and unexpected circumstances our commitments can not be kept. No claim for damages or cancellation of order can be made in case of missed confirmed deadlines. Re-delivery of missing products is at our discretion, but not our obligation. Any claims for damages because of non- or partial fulfilment are excluded. The customer takes full responsibility from the time the merchandise leaves factory or on notification of readiness to ship. The choice of transport route and means of transportation is determined by us, with our best judgement, unless otherwise instructed, without any responsibility on our part for least expensive or most rapid delivery. Customer accepts and assumes all shipping risks including prepaid orders and in cases where ownership proviso applies. Packing is done at our own discretion unless otherwise agreed upon. It will be charged at current rates and is not returnable.
Complaints: Unless excluded by our General Terms and Conditions, notice of defects, in regard to weight, number of pieces, quality, and workmanship can only be considered, if they are brought to our attention, in writing, immediately after identification of such, but at the latest 8 days after receiving of merchandise at place of delivery. For defects that cannot be detected even by a careful check within this time, a notice of defects has to be made immediately after detection of such defects.
Warranty: We guarantee our products to be free of material and production defects. The period of warranty is 6 month, starting with the date of delivery. Our warranty is limited to exchanging faulty parts with suitable ones, as far as this is possible, at no charge. Faulty parts have to be returned to us, at our request. They become our property if replaced by suitable parts. Compensatory damages of any kind, because of inadequate products, especially damages for lost profits, consequential loss or damage, rights of reduction, conversion, appeal, withdrawal, rescission, or revocation, cannot be claimed, unless in a case of fraudulent concealment of defects. For products that are manufactured by other companies and are part of our shipment, we can only assume obligations to the extend that they are covered by the warranty of our suppliers given to us. Any return of merchandise because of defects of product can only be accepted, with prior approval by us, with shipping cost prepaid by customer. The repair of faulty products by customer can only be done with the approval of supplier. Any repair work done by customer or third party without consent of supplier voids and terminates any and all liability in regard to consequential loss or damages on part of the supplier. Also excluded from liability are any further additional direct or indirect damages. Supplier does not accept responsibility for parts that because of their structural composition or material nature and depending on the type of use are subject to premature wear and tear.
Ownership Proviso: Ownership of goods and merchandise is only transferred to customer, after all accounts payable in regard to the sales contract of these goods are paid in full. The acceptance of promissory notes, or checks is conditional, and ownership of each object of purchase transfers to the buyer only at the time of complete redemption of checks, notes or debts. Paying by check on the grounds of a simultaneous financing agreement by promissory notes does not constitute redemption of monetary claims resulting from sales contract. Ownership proviso does not expire or becomes invalid if delivered goods or parts thereof are installed into other objects, rather co-ownership in accordance with the appropriate value-ratio is agreed upon. All payments will be applied to oldest past due accounts receivable first, even in cases where customer specifies payments to other due accounts. Buyer is authorized, received goods, to which the ownership proviso applies, to use or resell in the ordinary course of business. He is not allowed to use goods as a pawn or collateral. In the case of resale or further processing, buyer will cede to us all claims from resulting proceeds, including all accessory rights, stemming from the resale to a third party debtor, authorizing us to the collection of a proportional claim as a collateral up to the amount of the invoice. If customer is collecting any transferred debt himself, he can only do so in fiduciary way (in trust). Those proceeds that have been collected on our behalf or account have to be transferred to us immediately. Upon our request our customer is obliged (indentured) to inform his customer of the transfer of rights and give any and all information to us that is necessary to carry out our assertive claim. Customer is to inform us without delay about any seizure, or reduction concerning our rights by third parties. We reserve the right of extended ownership in cases where secondary buyer is not paying in cash immediately.
Payment: Payment is due within 30 days from date of invoice, net. No discount at our account. Invoice is due immediately if customer is in arrears with other invoices, or if we have information about buyers uncertain financial state, through declaration of bankruptcy, by in- or out of court petitions for compositions, protesting a check or bill (promissory notes), writ of execution, order of distrain, deficiency of a guarantor or any other incident according to § 321 BGB. In this case we are justified to demand payments in advance or cancel sales contract altogether for still outstanding shipments. There is a 2 % discount for any cash payments received within 8 days from date of invoice. Discounts can only be given if all prior invoices have been paid in full. In case of existing unpaid invoices, incoming payments, regardless of customers’ instructions, will always be applied to payment of oldest invoice claim. Payment by promissory notes only by special agreement. Acceptance of promissory notes and checks are subject to their redemption, and the date of redemption is regarded as date of payment. Discount expenses have to be reimbursed, according to regulation, as cash compensation. For promissory notes, which are received or drawn from secondary places or foreign countries, a binding commitment cannot be made in regard to punctual or timely notification and submission of protest. Late fees will be charged, at the customary banking interest rates, without prior reminder, for all invoices past due the 30 day credit period. Customer/buyer cannot withhold payments because of any counterclaim or use as set-off against such claims.
Drawings / Drafts: Customer or recipient is not allowed to make known to third parties any of our companies’ drawings, documents and designs. In case of non-compliance the customer is liable to compensatory damages to their full extend. Drawings or documents that were sent, as part of a sales offering must be returned immediately if an order is not placed.
Place of Performance and Place of Jurisdiction: Place of performance for delivery and payment is Rosengarten.
    Place of jurisdiction for all disputes arising from contractual relationship is Rosengarten. In all cases German law applies exclusively.

Sales-or Delivery Contract: Sales or delivery contract, as well as conditions stated above, remain binding, even in cases where any individual stipulation is voided
    by law.
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