Condiții

Terms of Service


VIEWEG GmbH Metering and Mixing Technology (as of July 2020) 

1. General

These General Delivery and Payment Terms apply to all current and future orders and requests from the customer to VIEWEG GmbH Metering and Mixing Technology (hereinafter referred to as "VIEWEG"). They are the exclusive basis for the contract, in addition to the offer and order confirmation from VIEWEG. Changes or additions are only possible through mutual written agreements. This also applies to the modification or cancellation of this written form requirement. Contradictory, deviating, or supplementary conditions from the customer will not become part of the contract unless VIEWEG expressly agrees to their validity in writing. The General Delivery and Payment Terms also apply if VIEWEG performs the delivery to the customer with knowledge of conflicting, deviating, or supplementary conditions from the customer.

2. Offer / Conclusion of Contract

(2.1) VIEWEG is bound by its offers for two weeks from submission. An order from the customer that is to be considered an offer for the conclusion of a purchase contract can be accepted by VIEWEG within two weeks from receipt by sending an order confirmation or by dispatching the ordered goods within the same period.
(2.2) VIEWEG delivers the goods ordered by the business customer after acceptance of the offer. If VIEWEG subsequently realizes that there has been an error in the information regarding a product, price, or availability, VIEWEG will inform the business customer immediately. The customer can then confirm the order under the amended conditions. Otherwise, VIEWEG is entitled to withdraw from the contract. Any payments already received will be refunded by VIEWEG immediately after withdrawal from the contract.
(2.3) For internet orders, VIEWEG will confirm receipt to the customer via email. This confirmation of receipt does not constitute an order confirmation. Acceptance of the offer occurs through a separate order confirmation that is sent either by fax, email, or post.
(2.4) VIEWEG reserves the right to refuse orders, set credit limits, or require advance payments, especially in cases of unpaid invoices, credit risks, or insolvency.
(2.5) The contract language is German.
(2.6) The contract text will be stored, and the order details will be sent to the customer via email. All previous online orders can be viewed by the customer in the login area.

3. Right of Withdrawal

You have the right to withdraw from this contract within 30 days without giving any reasons.
The withdrawal period is 30 days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last item.
To exercise your right of withdrawal, you must inform us at
VIEWEG GmbH
Gewerbepark 13
85402 Kranzberg
or call us at
Tel.: +49 8166 6784 -0
Fax: +49 8166 6784 -20
Email: info@dosieren.de
by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You may use the sample withdrawal form provided below, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for any additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day we receive your notification of withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you; in no case will you incur any fees for this reimbursement.
We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods promptly and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods.
You only have to pay for any diminished value of the goods if this diminished value is due to handling them in a way that is not necessary to check their nature, characteristics, and functioning.

Withdrawal Form

You can download the withdrawal form as a PDF here and use it to exercise your right of withdrawal. Please send the completed withdrawal form back to us by post, fax, or email.

4. Delivery Dates

(4.1) Delivery dates or periods that are not expressly agreed as binding are exclusively non-binding indications. Due dates and default in the delivery obligation can only occur from this point in time, but the delivery obligation is already fulfillable upon the conclusion of the contract.
(4.2) Compliance with delivery dates requires timely and proper fulfillment of the customer's obligations. VIEWEG reserves the right to invoke non-fulfillment of the contract. Outstanding payments from previous orders also establish a right of retention.
(4.3) VIEWEG is entitled to partial deliveries at any time, as long as this is reasonable for the customer.
(4.4) If the customer is in default of acceptance or otherwise culpably violates their cooperation obligations, VIEWEG is entitled to claim compensation for the resulting damages and any additional expenses incurred. Upon the occurrence of default of acceptance, the risk of accidental deterioration and the risk of accidental loss or destruction of the ordered products passes to the customer.

5. Delivery and Transport Conditions

(5.1) Unless otherwise specified in the offer or order confirmation from VIEWEG, delivery is agreed "ex works." The place of performance for delivery is VIEWEG's facility in Kranzberg. The risk of accidental loss or destruction, or accidental deterioration of the products passes to the customer upon handover to the carrier chosen by VIEWEG (usually via UPS); shipping is at the customer's risk. At the customer's request and expense, VIEWEG will take out transport insurance for the delivery.
(5.2) Transport and all other packaging will only be taken back to the extent that VIEWEG is obliged to do so in accordance with the Packaging Ordinance or other legal regulations.

6. Prices - Payment Terms

(6.1) The prices from VIEWEG are ex works, excluding packaging and transport, which will be invoiced separately. For orders, the prices stated in the offer or order confirmation apply; in case of doubt, the prices of the valid price list at the time of the order apply.
(6.2) Value-added tax is not included in the list prices; it will be shown separately at the statutory rate on the invoice on the date of billing.
(6.3) All invoices from VIEWEG are to be paid net (without deduction) within 20 calendar days from the date of issuance (invoice date). Payment is considered made when VIEWEG can dispose of the amount, or it is credited to VIEWEG's account; in the case of check payments, only when the check is cashed by VIEWEG.
(6.4) If the customer does not pay within 20 calendar days after receipt of the invoice, they will be in default without a reminder. The statutory consequences of default apply.
(6.5) The customer may only offset against VIEWEG's payment claims if and to the extent that their counterclaims are legally established, undisputed, or recognized by VIEWEG. The assertion of rights of retention is also only permissible under these conditions and is excluded if the counterclaim is based on a different contractual relationship than VIEWEG's claim. These General Delivery and Payment Terms apply to all current and future orders and requests from the customer to VIEWEG GmbH Metering and Mixing Technology (hereinafter referred to as "VIEWEG"). They are the exclusive basis for the contract in addition to the offer and order confirmation from VIEWEG. Changes or additions are only possible through mutual written agreements. This also applies to the modification or cancellation of this written form requirement. Contradictory, deviating, or supplementary conditions from the customer will not become part of the contract unless VIEWEG expressly agrees to their validity in writing. The General Delivery and Payment Terms also apply if VIEWEG performs the delivery to the customer with knowledge of conflicting, deviating, or supplementary conditions from the customer.

7. Warranty and Rights for Defects

(7.1) Obvious material defects in VIEWEG's products must be reported immediately, at the latest within 14 calendar days after receipt of delivery, while hidden defects must be reported immediately upon discovery; otherwise, the delivery is considered approved. The products must be inspected by the customer for material defects immediately upon receipt.
(7.2) In the event of a material defect, VIEWEG is obliged, excluding the customer's rights to withdraw from the contract or to reduce the purchase price, at its discretion, to provide subsequent fulfillment in the form of remedying the defect (repair) or to deliver a defect-free item. The repair takes place at VIEWEG's facility; repair services at the customer’s or their recipients’ site will not be provided. VIEWEG bears the necessary expenses for subsequent fulfillment, as long as these are not increased by the products being located at a place other than the place of performance.
(7.3) If subsequent fulfillment does not occur within a reasonable period set by the customer or fails, the customer can demand a reduction of the purchase price (diminution) or declare withdrawal from the contract. The customer cannot claim reimbursement for futile expenses. Subsequent fulfillment is considered to have failed after the second unsuccessful attempt, unless further attempts at subsequent fulfillment are reasonable and acceptable to the customer based on the subject matter of the contract.
(7.4) Amounts owed to the customer due to reduction or withdrawal can initially be credited to a goods account of the customer by VIEWEG and offset against future deliveries; in this case, the customer's claim for payment of the amount arises only if and to the extent that no offset has occurred within one year after the credit or special circumstances (e.g., payment difficulties of VIEWEG or a breakdown in business relationships) justify an urgent interest in immediate payment.
(7.5) The warranty period for new goods is one year and for used goods six months from the transfer of risk, unless VIEWEG is liable for injury to life, body, or health without limitation. Otherwise, the warranty is governed by statutory provisions.
(7.6) VIEWEG is not liable for material defects resulting from the use of materials provided by the customer ("customer materials") or due to specifications or plans from the customer, unless there is a circumstance for which VIEWEG is responsible.
(7.7) VIEWEG is not liable for damages arising from, among other reasons: unsuitable, defective, negligent, or improper storage, processing, or use of the goods by the customer or third parties, as well as chemical, electromechanical, or electrical influences negatively affecting the goods. In particular, VIEWEG is also not liable for damages resulting from failure to observe the storage or application instructions for the products we sell. Furthermore, the chemical and electromagnetic compatibility and suitability of the delivered products with the customer’s materials, products, and process conditions must be examined and ensured by the customer.
(7.8) Further or different claims of the customer against VIEWEG and its agents due to material defects are excluded, without prejudice to the provisions of Section 9 regarding claims for damages and reimbursement of expenses by the customer.

8. Liability for Legal Defects

(8.1) Unless otherwise agreed, VIEWEG is obliged to deliver only in the country of the place of performance free from third-party rights, in particular free from industrial property rights and copyright claims of third parties (hereinafter collectively referred to as "intellectual property rights").
(8.2) The provisions in Section 7 regarding liability for material defects apply correspondingly to liability for legal defects, unless otherwise stated below.
(8.3) If a third party asserts legitimate claims against the customer due to infringement of intellectual property rights by VIEWEG's products, VIEWEG shall be liable to the customer as follows: VIEWEG will, excluding the customer's rights to withdraw from the contract or reduce the purchase price, at its discretion either acquire a usage right for the affected products at its own expense, modify them so that they do not infringe on the intellectual property rights, or replace them, provided that this is possible under reasonable conditions and is acceptable to the customer. If subsequent fulfillment does not occur within a reasonable period set by the customer or fails, the customer shall have the rights to withdraw and reduce the price.
(8.4) VIEWEG's obligations regarding intellectual property rights violations exist only to the extent that the customer promptly informs VIEWEG in writing about the claims made by the third party and does not acknowledge any violations without VIEWEG's prior written consent. If the customer ceases to use the delivered products after claims from third parties have been asserted, they are obliged to inform the third party that such cessation does not constitute an acknowledgment of an intellectual property rights violation.
(8.5) Claims by the customer due to legal defects are also excluded to the extent that the customer is responsible for the intellectual property rights violations or if these are caused by customer materials or specifications and plans provided by the customer.

9. Liability for Damages

In the event of a pre-contractual, contractual, or non-contractual breach of duty, including material or legal defects in the delivered products, VIEWEG is liable for damages and reimbursement of expenses—subject to further contractual or legal liability requirements—only for intentional or grossly negligent breaches of duty by VIEWEG, its legal representatives, or agents, as well as for any violation of a material contractual obligation (an obligation whose breach jeopardizes the achievement of the contract's purpose). However, VIEWEG's liability is also limited in these cases—except in the event of intentional harm—to the damage that is typically to be expected from the specific breach of duty and was foreseeable at the time of contract conclusion. Reimbursement for futile expenses by the customer is excluded. These exclusions of liability do not apply in cases of fraudulent concealment of a defect, assumption of a guarantee, damages resulting from injury to life, body, or health, as well as in cases of mandatory liability under the Product Liability Act.

10. Retention of Title

(10.1) The products remain the property of VIEWEG until full payment of all purchase price claims, including those arising in the future. The customer is entitled to sell the products in accordance with the following provisions: The retained goods may only be sold in the ordinary course of business and only if claims from resale have not been assigned to third parties beforehand. The claims arising from the resale of the retained goods are assigned to VIEWEG in advance upon conclusion of the respective purchase contract with VIEWEG. VIEWEG will not collect the assigned claims as long as the customer fulfills their payment obligations. However, the customer is obliged to inform VIEWEG upon request of the third-party debtors and to notify them of the assignment. The customer is entitled to collect the claims from the resale of the retained goods as long as no contrary instruction has been issued by VIEWEG. The amounts collected by the customer must be immediately paid to VIEWEG as soon as and to the extent that the claims of VIEWEG become due. VIEWEG is obliged to release the assigned claims at its discretion if they exceed the secured claims by more than 20% and originate from deliveries fully paid for by the customer.
(10.2) Pledges or security transfers or assignments of the retained goods or the assigned claims are not permitted. The customer must immediately notify VIEWEG of any third-party claims to the products delivered under retention of title or to the assigned claims.
(10.3) In the event of breaches of duty by the customer, particularly in cases of payment default, VIEWEG is entitled to withdraw completely or partially and to take back the goods; the customer is obliged to surrender them. The declaration of taking back or the assertion of the retention of title as well as the seizure by VIEWEG constitutes a declaration of withdrawal from the contract regarding the respective retained goods.

11. Intellectual Property

VIEWEG reserves all copyright and other protective rights in all images, drawings, and other documents. To the extent necessary for the execution of the contract, the customer acquires only simple usage rights to VIEWEG's exclusive protective rights. Documents provided by VIEWEG may only be shared with third parties with the express written consent of VIEWEG. Reproduction or other exploitation of documents is prohibited unless required for the contractual purpose or explicitly permitted in writing by VIEWEG. The customer agrees to promptly notify VIEWEG of any suspicion of violations of VIEWEG's protective rights by third parties.

12. Miscellaneous

(12.1) Should individual provisions of these contractual terms be wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by new valid and enforceable provisions that come as close as possible to the economic result intended.
(12.2) German law shall apply, excluding the conflict of law rules of private international law and the rules of the UN Convention on Contracts for the International Sale of Goods ("CISG").
(12.3) The exclusive jurisdiction for all legal disputes arising from the customer's orders with VIEWEG or in connection with the contractual relationship between VIEWEG and the customer shall be Munich, provided the customer is a merchant. VIEWEG may also choose to file a lawsuit at the customer's business location.

The European Commission provides a platform for online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our email address can be found in our imprint. We participate in the dispute resolution process. A list of recognized dispute resolution bodies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.