1.1 These Terms of Sale shall apply exclusively towards companies, legal entities under public law or special assets under public law within the meaning of Section 310 Par. 1 BGB [German Civil Code]. We shall only recognise contradictory Terms and Conditions of the Customer or those which deviate from our Terms of Sale if we have explicitly approved the validity in writing.
1.2 These Terms of Sale shall also apply to all future business insofar as this concerns legal transactions of a related kind.
2.1 Our offers are without obligation.
2.2 Technical documents as well as details about weight, performances, etc. are only binding if we have explicitly declared this in writing.
2.3 Our order confirmation/invoice is decisive for the scope of the delivery. All other agreements, including collateral agreements as well as declarations of our field sales service employees and representatives shall only become effective by our written confirmation.
2.4 If clauses concerning the type of the delivery are agreed which are typical for the trade the incoterms of the International Chamber of Commerce Paris, in the version that is applicable on the day upon which the contract is concluded, shall then be applicable for their interpretation.
2.5 If taxes or other duties are due in the customer’s country or in the country of installation in connection with the delivery then these are to be borne by the customer.
2.6 We reserve all property rights and copyrights to all documents handed over to the customer in connection with the placement of the order, such as e.g. calculations, drawings, cost estimates, etc. These documents may not be made accessible to third parties unless we explicitly grant our written consent in this respect.
3.1 In the domestic country our prices are deemed free house from an order value of EUR 50.00 net plus value added tax in the respective applicable statutory amount. In case of an order value in the domestic country of less than EUR 50.00 net our prices shall be deemed ex works exclusive packaging plus value added tax in the respective applicable statutory amount and plus a processing fee of EUR 8.00.
3.2 Overseas our prices are deemed ex works exclusive packaging and plus value added tax in the respective applicable statutory amount.
3.3 If changes occur to the price basis until the date of delivery due to changes in the material prices, wages, freight charges or other cost factors, we reserve the right to make a corresponding change to our prices. However, this shall only apply to deliveries, which are carried out four months or later after conclusion of the contract and with which the price adjustment does not exceed 10 % of the original price. A renewed agreement of prices is necessary in case of higher rates. If such an agreement is not reached then we are entitled to dissolve the contract by a written report within 14 days.
3.4 Our prices that are valid on the day of the delivery shall apply to orders, for which no prices have been agreed.
3.5 Prices confirmed by us shall only apply with the purchase of the confirmed quantity.
4.1 The payments are to be made without deduction free bank account of MHG at the agreed dates. Insofar as no payment date has been agreed, the purchase price is due and payable immediately. Insofar as no earlier invoices are outstanding MHG shall grant 2 % cash discount with a paperless payment (bank transfer) within 10 days after the invoicing, 3 % cash discount in case of payment by bank collection procedure. No cash discount will be granted in case of cash payment or payment by cheque or bill of exchange.
4.2 Irrespective of other disposals of the customer all payments will always first be offset against interest and costs and subsequently against the claims of MHG in the order of their age, beginning with the oldest.
4.3 An offsetting or the assertion of a right of retention against claims of MHG is only permitted with undisputed counter-claims, those which have been declared final and binding or are ready for a decision. This ban shall not apply insofar as the counter-claim of the customer placed for offsetting or the right of retention is derived from the same contractual relationship as the asserted claim of MHG.
4.4 An invoice issued by us shall apply for the event of an SEPA Direct Debit – as a SEPA Pre-Notification. A Pre-Notification deadline of 6 days before the due date is agreed in deviation from the generally valid SEPA terms and conditions.
5.1 Details of delivery times shall only apply as approximate. Delivery deadlines shall begin on the date of our order confirmation. The start of the delivery deadline always presumes the proper fulfilment of the client’s obligations. In addition to the payment obligations these obligation shall include all obligations of the customer to provide assistance, which are the pre-requisite for a proper processing of the contract. In addition, the deadline will only begin to apply as soon as all details of the execution have been clarified from a technical and commercial point of view. The contents of this subclause shall apply accordingly with the naming of delivery dates.
5.2 Events of force majeure shall extend the delivery time by reasonable extent or lead to a reasonable postponement of the delivery date. Other unforeseeable events, which lie outside of the intent of MHG, such as e.g. strike, lock-out, interferences to operation, delays in the delivery by sub-suppliers or other unforeseeable circumstances, for which we are not responsible, shall be deemed equivalent to force majeure, which make the timely delivery more difficult or impossible for us. This shall also apply if the stated circumstances occur during a delay or at a sub-supplier. We will report the occurrence and the expected duration of such events to our customers in important cases.
5.3 If the customer is in default with acceptance or if he culpably breaches other obligations to provide assistance then we are entitled to request compensation for the damages suffered accordingly by us including possible additional expenses. Further claims remain reserved. Moreover, the risk of an accidental loss or an accidental deterioration in the purchased object shall pass to the customer at the time at which it become in default of acceptance or as a debtor. After the fruitless setting of a final deadline we are at the same time entitled to take the necessary measure ourselves and to deliver the goods or to cancel the part of the contract that has not yet been fulfilled.
If the goods are not accepted by the customer, not in time or not in full, we are entitled to store or send the goods at the costs and risk of the orderer. The goods shall thus be deemed as accepted.
5.4 We are entitled to make partial deliveries.
The risk shall pass to the customer when the shipment leaves the delivery plant. If the dispatch is delayed without the fault of MHG then the risk shall pass with the notification that the goods are ready for shipment.
7.1 We reserve the ownership to the delivered object until the full payment of all claims from the supply contract. This shall also apply if the claim is entered into a current account. We are entitled to take the purchased object back if the orderer behaves in breach of the contract, in particular if it is in default of payment.
7.1.1 As long as the ownership has not yet passed to the customer, it has to treat the purchased object with due care and attention and to notify us immediately in writing if the delivered object is attached or exposed to other interventions of third parties.
7.1.2 The customer is entitled to resell the reserved goods in normal business transactions. The customer hereby assigns the claims of the buyer from the resale of the reserved goods to us now already in the amount of the final invoice amount agreed with us (including value added tax). This assignment shall apply irrespective of whether the purchased object has been resold without or after processing. The customer shall also remain authorized to collect the claim after the assignment. Our authorization to collect the claim ourselves, shall remain unaffected hereby. We will however not collect the claim as long as the customer satisfies its payment obligations from the agreed proceeds, is not in default of payment and in particular no application has been filed for the opening of insolvency proceedings or the payments have been suspended.
7.2 The processing or conversion of the purchased object by the customer shall always be carried out in the name and by order for us. In this case the expectant right of the customer to the purchased object shall continue to the converted object. Insofar as the purchased object is processed or connected with other objects not belonging to us, we shall acquire the co-ownership to the new object in the ratio of the objective value of our purchased object to the other processed objects at the time of the processing. In order to secure our claims against the customer the customer shall also assign such claims to us, to which it becomes entitled against a third party through the connection of the reserved goods with a property. We hereby now already accept the assignments.
7.3 Insofar as the realisable value of the security to which we are entitled according to the afore-mentioned provisions exceeds the value of our claims by more than 20 %, we shall release the excessive securities at the customer’s request.
8.1 All warranty shall be excluded with the purchase of used objects insofar as no other regulation has been explicitly agreed in writing.
8.2.1 Claims for defects shall not exist with an only insignificant deviation from the agreed condition, with an only insignificant impairment of the usability, in the event of natural wear and tear (such as e.g. ignition electrodes and gaskets, etc.) as well as with damages, which are cased after the passing of risk as a result of faulty or negligent treatment, excessive use, unsuitable operating equipment, halogens in the combustion air, corrosion through leakage current, faulty construction work, unsuitable foundation soil or owing to special external influences, which are not presumed according to the contract.
8.2.2 The customer undertakes to comply with the installation, service, operating and maintenance instructions and regulations for the products of MHG.
8.2.3 If the customer, the end buyer or persons commissioned hereby or other third parties carry out an improper installation/commissioning or improper repair or modification work (e.g. a false selection or adjustment of the burner, the use of unforeseeable fuel grades) or if such activities are carried out under chemical, electro-chemical and electrical influences then damages caused hereby shall not establish any claims for defects. This shall not apply insofar as such damages are a result of defects, which are the responsibility of MHG.
8.2.4 Special conditions for gas condensing boilers with stainless steel heat exchangers
With the purchase of gas condensing boilers with stainless steel heat exchangers it is absolutely essential to use the corrosion inhibitor "INIBAL plus" for the purpose of avoiding damages by heating water. If this is not used all warranty shall cease to apply on the part of MHG. The pre-requisite for an assumption of warranty by MHG is with new systems and all old systems, with which the necessary expansion tank is not larger than 35 litres or it does not concern a radiator system or a steel tube system that the corrosion inhibitor "INIBAL plus" is filled directly with the commissioning according to the stipulations of MHG. With existing systems it is additionally to be examined whether the system content requires an expansion tank of larger than 35 litres and is concerns a radiator system or a system with a steel tube. Insofar as this is not the case the "INIBAL plus" – filling with the commissioning is sufficient. If, on the other hand, the afore-mentioned pre-requisites have been satisfied a differentiation is to be made: If the useful life of the old heat generator was greater than 5 years, it is essential either to initially install a dirt separator with an externally affixed magnet and subsequently either to fill "INIBAL plus" directly with the commissioning or to carry out a system separation with an "INIBAL plus" filling in the primary cycle. If, on the other hand, the old heat generator had a low useful life less than 5 years), a dirt separator is not sufficient and a system separation is always to be carried out with an "INIBAL plus" filling in the primarily cycle.
With all fillings respectively at least 2 Vol. % "INIBAL plus" is to be filled in the heating water. Attention is moreover to be paid that with the exceeding of a water hardness of 20° dH an additional softening is necessary and is to be carried out. Insofar as aluminium component parts are in the system, it is additionally essentially to carry out a desalination. The following flow chart is for the purpose of illustrating the contents of this subclause and for the binding use of "INIBAL plus":
8.3 Defects are to be reported to us immediately after they have been discovered. In case of obvious defects the report of the defects must have been received by us within a period of 2 weeks after the delivery, otherwise the warranty shall cease to apply. Defects, which cannot be discovered within this deadline with a careful examination either (non-obvious defects), are to be reported to us immediately, by no later however than 2 weeks after their discovered.
8.4 Should the delivered goods feature a defect despite all applied care and attention we shall subsequently improve the goods or deliver substitute goods at our choice. We are always to be given the opportunity for subsequent satisfaction within a reasonable deadline. If this is not carried out or changes or repairs are carried out to the object of delivery, for which a complaint was made, by the customer then this shall release us from the warranty for the defects. We shall provide warranty for replaced parts to the same extent as for the original object of delivery. Replaced parts will become the property of MHG.
8.5 If the subsequent satisfaction fails the customer can cancel the contract or request reduction in the remuneration. Our consent is to be obtained before a possible return of the goods.
8.6 Claims of the customer owing to the expenses which are necessary for the purpose of subsequent satisfaction, in particular transport, route, labour and material costs, are excluded insofar as the expenses are increased, because the goods delivered by us have subsequently been taken to another location than the place of delivery, unless the transport corresponds with the use as intended. The same shall apply if the object of delivery was installed at a location that is hardly accessible or is located outside of the territory of the Federal Republic of Germany.
8.7 Claims for defects shall become statute-barred in 12 months after the executed delivery of the good delivered by us. The afore-mentioned provision shall not apply insofar as the law according to Section 438 Par. 1 No. 2 BGB (buildings and objects for buildings), Section 479 Par. 1 BGB (claim for recourse), Section 634a Par. 1 BGB (construction defects) stipulates longer deadlines as mandatory. In case of an injury to the life, the body or the health, in case of wilful or grossly negligent breaches of duty by us as well as with malicious failure to disclose a defect or with the assumption of a guarantee of condition the legal statutes-of-limitation shall continue to apply.
8.8 Irrespective of the afore-mentioned statutes-of-limitations the useful lives of parts subject to wear and tear shall be derived from their natural wear and tear as a result of their material condition. This can be substantially shorter than the deadline stated in the afore-mentioned paragraph. If it is necessary to exchange a part subject to wear and tear before the expiry of the customary useful life, this will not lead to any claim for a defect.
8.9 Notwithstanding Subclause 8.7 MHG shall grant an extension to the statutes-of-limitation if the customer complies with certain stipulations. Within these statutes-of-limitations extended according to this Subclause 8.9 the warranty shall however be limited to the free delivery of the respective defective part; a warranty or an obligation beyond this is not taken over.
8.9.1 For gas and oil units, heat pumps, solar panels, accumulators, burners and spare parts we shall subsequently extend the statute-of-limitations to 24 months under the pre-requisite that the customer can prove that the commissioning has been carried out by personnel of MHG or by other authorized specialist workmen, no substitute or other parts of third party origin were installed, a service of the devices was carried out annually and moreover all regulations and maintenance instructions for treatment, service and examination were observed and complied with.
In case of gas condensing boilers and oil units we will moreover extend the statute-of-limitations for glass tube heat exchangers, cast iron boiler bodies, steel boiler bodies and stainless steel boiler bodies to 60 months if all of the afore-mentioned stipulations were satisfied by the customer.
In case of gas condensing boilers the statute-of-limitations shall also be extended to 24 months if, in addition to the afore-mentioned pre-requisites, the corrosion inhibitor "INIBAL plus" was used with stainless steel heat exchangers. In addition, we shall extend the statute-of-limitations insofar as the afore-mentioned pre-requisites have been satisfied and "INIBAL plus" was used, with gas condensing boilers, for the stainless steel heat exchanger itself to 60 months.
For the gas condensing boiler ProCon Streamline the statute-of-limitations is extended for a leakage of the boiler body to 120 months if all of the afore-mentioned stipulations were satisfied by the customer.
8.10 Claims for recourse of the customer against us shall only exist to the extent that the customer has not reached any agreements with its buyer which go beyond the claims for defects which are mandatory by law. Subclause 8.6 shall further apply to the scope of the claim for recourse of the customer.
8.11 Further claims of the customer owing to defects are excluded.
8.12 Guarantees for the condition or durability shall only be deemed as assumed by us if we have explicitly described and assumed the guarantee as such in writing.
8.13 The assignment of claims for defects of the customer against MHG is excluded.
9.1 We will only be liable owing to the breach of contractual or non-contractual obligations in case of wilful intent or gross negligence, with the culpable injury to life, the body or the health, in the event of malicious non-disclosure of a defect or with the assumption of a guarantee of condition. According to the regulations of the Product Liability Act we shall be liable to the full extent.
9.2 Owing to the breach of essential contractual obligations we shall also additionally be liable in case of slight negligence. In this case our liability is however limited to the damages, which are typical for the contract and are reasonably foreseeable at the time when the contract is concluded.
9.3 The afore-mentioned regulations shall also apply to the same extent in case of acts of breach of our assistants and vicarious agents.
9.4 A further liability is not taken over by MHG. The afore-mentioned regulations do not involve a change in the burden of proof for the disadvantage of the customer.
10.1 The exclusive place of jurisdiction for all disputes directly or indirectly ensuing from the contractual relationship between MHG and the customer is the registered seat of MHG. MHG remains however entitled to also file an action before all other courts of jurisdiction.
10.2 German law shall apply exclusively to the contractual relationships under the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.3 Should one part of the contract be invalid this shall have no effect on the validity of the other part thereof, insofar as the invalidity does not impair the essential principles of the contract.
In the event that the German and English version of the contract terms differ, the German version is authoritative.
Status February 9th, 2015
We provide our business partners with the following warranties
|Type of appliance||Condensing appliances||Units||Heat pumps||Solar collectors||Burners|
|Warranty period||24 months||24 months||24 months||24 months||24 months|
|Extended warranty||60 months for Spiranox heat exchanger||60 months for hot water tanks and cast-iron boilers|
|Conditions||Annual servicing||Annual servicing||Annual servicing||Annual servicing|
|Corrosion inhibitor INIBAL plus||Observance of our maintenance and care instructions||Observance of our maintenance and care instructions||Observance of our maintenance and care instructions|
|Observance of our maintenance and care instructions|
|Performance||Free replacement of defective components||Free replacement of defective components||Free replacement of defective components||Free replacement of defective components||Free replacement of defective components|
The warranty period begins on the day of commissioning, or 3 months after delivery at the latest.
The customer can only claim against MHG if the supplied item was commissioned by MHG personnel or an authorised heating technician, the customer has observed MHG's requirements in respect of the handling and maintenance of the supplied item, ensured the prescribed inspections were carried out and has not installed replacement parts from any other manufacturers.
MHG warranties apply to replacement parts to the same extent as to the item originally supplied. Replaced parts become the property of MHG.
Working parts such as ignition electrodes and seals are generally excluded from the warranty.
Handling fees, packaging and shipping costs:
For orders of less than €50.00 (net), handling charges are €8.00 and the customer bears packaging and shipping costs.
There are no handling charges and shipping is free for orders of more than €50.00 (net).
Ex warehouse on order confirmation.
Terms of payment:
10 days, 2% discount; 30 days, net; direct debit, 3 % discount
There is no discount for cash or cheque payments.
Returns and exchanges:
Replacement parts are non-returnable.
The condensing boiler and flue-gas/water heat exchanger shall not be installed in areas where air pollution by halogenated hydrocarbon is to be expected, such as hairdressing salons, printers, dry-cleaners, laboratories, etc., unless adequate measures have been taken to ensure unpolluted air feed.
Condensing boilers and flue-gas/ water heat exchangers are not to be installed in rooms with a high incidence of dust or high humidity (e.g. laundry rooms).
Burners are suitable for use in commercially available boilers that are intended for heating single and multi-family dwellings. It is not permitted to install them outside or in rooms with high humidity. MHG Heiztechnik GmbH must be consulted before installation in firing systems such as baking ovens, dark radiators, drying chambers, annealing furnaces, condensing boilers, etc.
The boiler room must be frost-free and well ventilated. Statutory water resource management (WRM) regulations must be observed with regard to the installation of oil pipes and the anti-siphoning device. When installing the oil tank and oil pipes it must be ensured that the temperature of the oil being fed into the burner is at least +5°C. Only heating oil additives which burn ash-free are permitted.
Appropriate measures must be taken to ensure the domestic water system does not block the heating system, e.g. due to limescale, impurities or corrosion.
The minimum distances to a wall specified in the lt.-norm must be observed. Gas condensing boilers are particularly suitable for installation in an attic, as the overpressure-operated combustion chamber does not require a high chimney.
Non-compliance with these instructions results in forfeiture of the warranty for any defects in the appliance caused as a result.
If in doubt, please contact us.
For queries and further information, please do not hesitate to contact us.
MHG Heiztechnik GmbH | Brauerstraße 2 | 21244 Buchholz i. d. Nordheide
Phone: +49 4181 23 55-0 | Fax: +49 4181 23 55-191 | E-Mail: firstname.lastname@example.org