Allgemeine Terms and Conditions of German Water Systems (GWS)

• General

These terms and conditions apply to all contracts, deliveries, and other services provided by German Water Systems (GWS), Helenenburgweg 7-1, 74321 Bietigheim-Bissingen (hereinafter: “Seller”), to its customers regarding the sale, delivery, installation, and maintenance of GWS filter systems. Any conflicting terms and conditions of the buyer shall not apply unless expressly agreed to in writing by the Seller. For ease of reading, the term “buyer” refers to all genders, including individuals and companies.

• The business relationship between the seller and the buyer is governed by the laws of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

• Any agreements made with the buyer in individual cases (including side agreements, additions and amendments) shall in any case take precedence over these terms and conditions.

• The contract language is German.

• The place of jurisdiction is the registered office of German Water Systems (GWS), currently Bietigheim-Bissingen, provided the buyer is a merchant, a legal entity under public law, or a special fund under public law. The same applies if a buyer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought.

• Information obligation pursuant to the Consumer Dispute Resolution Act (§ 36 VSBG): The seller is neither willing nor obligated to participate in further dispute resolution proceedings before a consumer arbitration board.

• Contract Conclusion: The buyer’s signature of the contract forms constitutes an offer to conclude a contract for the purchase, delivery, installation, and, if applicable, maintenance of a GWS filter system. This offer is accepted upon receipt of the contract signed by the seller or another written confirmation from the seller.

• Prices, sales tax and payment.

• The agreed prices apply. All prices include statutory VAT.

• The sale, delivery, installation, and, if applicable, maintenance of the GWS filter system are invoiced. Payments are due within 14 days of the invoice date, but not before delivery and installation of the GWS filter system, or, in the case of maintenance, not before the maintenance work has been carried out.

• If a buyer defaults on his payment obligations, the seller can claim damages in accordance with the statutory provisions.

• Delivery and transfer of risk of a GWS filter system.

• Unless otherwise agreed in the contract, the ordered GWS filter system will be delivered to the address specified by the buyer. The delivery period will be agreed upon individually. Delivery is exclusively within Germany, from the seller’s warehouse.

• The risk of accidental loss or accidental damage to the goods passes to the buyer upon delivery.

• Retention of title, right of retention

• The delivered GWS filter system and any filters installed during maintenance remain the property of the seller until all contractual obligations have been fulfilled. The buyer is obligated to handle the GWS filter system properly and with care until ownership is transferred. Any damage must be reported to the seller immediately. The buyer bears the risk of damage to or loss of the GWS filter system.

• Until full payment of the purchase price, the buyer shall neither lend, sell, rent, pledge, nor otherwise dispose of the GWS filter system. In the event that a third party intends to seize the equipment, the buyer shall inform the seller immediately. All legal and extrajudicial costs incurred in removing seizures and attachments, as well as in recovering the GWS filter system, shall be reimbursed by the buyer.

• The buyer is only entitled to set-off rights if their counterclaims have been legally established, are undisputed, or have been acknowledged by the seller. In the event of defects in the delivery, the buyer’s rights remain unaffected, in particular their right to withhold a portion of the purchase price proportionate to the defect. Furthermore, the buyer is entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

• Maintenance of the GWS filter system.

• Maintenance includes the annual replacement of the pre-filters, replacement of the molecular membrane if necessary, and inspection of the entire GWS filter system, all at the price agreed upon in the maintenance contract. The seller confirms the maintenance and filter replacement to the buyer in a digital maintenance log.

• The maintenance contract has a term of 24 months. It is automatically renewed indefinitely unless terminated with one month’s notice. If the contract is renewed indefinitely, it can be terminated on a monthly basis.

• The maintenance fee, which includes filter changes, increases at regular intervals, but not for the first time before the expiry of 12 months after the conclusion of the maintenance contract.

• Warranty and liability.

• The statutory provisions apply to the buyer’s rights in the event of material defects and defects of title (including incorrect or short deliveries as well as improper assembly/installation or defective instructions), unless otherwise specified below. In all cases, the special statutory provisions regarding the reimbursement of expenses upon final delivery of newly manufactured goods to a consumer (supplier recourse pursuant to Sections 478, 445a, 445b) remain unaffected.

• Apart from liability for material defects and defects of title, the seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. The seller is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer regularly relies), but in each case only for foreseeable, typical contractual damages. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.

• The limitations of liability in the preceding paragraph do not apply in cases of injury to life, body, or health, for defects after the assumption of a guarantee for the quality of the product, or in cases of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

• If the seller’s liability is excluded or limited, this also applies to the personal liability of his employees, representatives and agents.

• Data Protection The seller collects, processes, and uses personal data in accordance with its privacy policy and applicable legal regulations. Last updated: March 23, 2022