General Terms and Conditions
1. General remarks
Rovak GmbH undertakes delivery, maintenance and repairs exclusively for natural and legal persons who are entrepreneurs within the meaning of § 14 BGB (German Civil Code). The General Terms and Conditions apply to all repairs, services, sales, consultations and deliveries, unless otherwise agreed in writing. The customer's terms and conditions shall only apply if we expressly confirm them in writing.
2. Range of offers
Our offers are subject to change. Contracts are only concluded upon order confirmation or delivery of the ordered service. Unless otherwise agreed, the offers submitted are subject to price fixing for a maximum of eight weeks. Rovak GmbH reserves the right to make minor deviations or improvements to the goods or services described. All documentation, illustrations and drawings provided, in whatever format, are subject to copyright and can only be used if the order is placed with us (project-related). Should we have made a mistake in the description or pricing, which the client should notice, the client should give us the opportunity to correct these items. This is based on a generally attentive examination of the correctness and appropriateness of the offer.
3. Delivery times
Delivery times are approximate and may be influenced by subcontractors. Delivery times are only binding if they have been confirmed by us in writing. A claim by the customer for late delivery will not be accepted.
4. Price
Our prices are always net prices without the statutory value added tax. This will be charged according to destination or calculated net. All ancillary costs are exclusive (transportation costs, customs duties, fees, charges, etc.). If a consignment warehouse is set up, the withdrawal shall be deemed to be the day of delivery and must be reported to us immediately.
5. Terms of payment
The terms of payment are noted on the offer or the order confirmation and must be complied with if deadlines have been agreed. We reserve the right to charge a processing fee for reminders. Furthermore, we will charge interest on arrears on a daily basis, which will be 5% above our current account interest rate.
6. Warranty
Unless otherwise agreed, our warranty for manufacturing, design and material defects shall apply for a period of 12 months for single-shift operation, 6 months for two-shift operation and 3 months for three-shift operation. In each case, the delivery bill on which the delivered goods or services are based shall be deemed to be the start of this period. In the case of used pumps or systems or system parts, this period is reduced to 3 months, as described above, from the date of the delivery note. Wear parts and damage caused by improper use of the delivered goods are excluded from the warranty. If the delivered goods have to be cleaned due to contamination in order for us to rectify the defect, the costs of cleaning must be borne by the customer. Any transportation or travel costs to remedy a defect in a system or pump shall be borne by the customer.
7. Repairs of systems or pumps
As a rule, systems or pumps are dismantled and inspected by us in order to find a realistic price for the offer. This service is subject to a charge. If a repair does not make sense or is too expensive for the customer, the pump will be returned or scrapped. This decision should be made within 14 days of the quotation being submitted. Thereafter, we will charge a storage fee of €5.00 per day. If the storage fee exceeds the value of the pump, it shall become our property, but we shall still be entitled to invoice the customer.
8. Retention of title
The goods and services supplied by Rovak GmbH shall remain our property until all claims agreed in the invoice have been settled. The customer is obliged to exercise the utmost care with these goods. If the customer is in default of payment, Rovak GmbH has the option of reclaiming the goods and issuing a corresponding invoice for expenses, loss of profit and use.
9. Right of return
The customer or orderer has no right of return. Returns of goods are generally not authorized.
10. Orders from Rovak GmbH
Only invoices to us that have been duly ordered by us in writing will be accepted. Any verbal agreements are not acceptable. If deviating order confirmations are issued by the supplier, these must be marked “Attention deviating order confirmation” in the subject line.
11. Place of jurisdiction
The place of jurisdiction for the concluded transactions or contracts is Dresden. The contract language is German.
12. Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS). You can find the platform at http://ec.europa.eu/consumers/odr/. Our e-mail address is: info(at)rovak.de.