Standard Business Conditions

Section 1 General information

These terms and conditions apply exclusively to business transactions with entrepreneurs; for consumers, the statutory provisions of sales law apply.

The following terms and conditions apply exclusively to all our offers, sales and deliveries. By placing an order, the customer agrees to these in full. Deviating terms and conditions are only valid if they are specifically agreed and confirmed by us in writing. Modification of individual conditions shall not affect the remaining conditions. Any conflicting confirmations of the buyer with reference to the validity of their terms and conditions of business or purchase are hereby excluded. Rights and obligations arising from the purchase contract may not be transferred to others without our express consent. Unless otherwise agreed, these terms and conditions shall apply to all present and future business transactions, even if no specific reference is made to them when an individual order is placed within the framework of an existing business relationship.

These terms and conditions shall also become effective upon acceptance of our deliveries; they can be viewed and downloaded in their current version at www.burkert.com.

Section 2 Offers

Quotes are always non-binding, even if not specifically agreed.

Section 3 Orders

Orders shall not be deemed accepted until they have been confirmed by us in writing. If delivery is made immediately without confirmation, the invoice shall also be deemed to be the order confirmation.

The minimum order value is currently €70.00 plus VAT. For orders below this value limit, we calculate the difference between the actual order value and the minimum order value as a handling fee plus VAT.

Section 4 Prices

Our prices are subject to change and apply ex delivery point excluding packaging, postage, freight, other shipping costs, insurance, customs duties and installation. The freight costs are calculated on the basis of weight-dependent shipping via our freight contract partners with special conditions depending on the total quantity. Requested special forms of shipping (e.g. express, air freight, external freight companies specified by the buyer, etc.) are determined separately and shown separately on the invoice.  Any increase in the wages, raw material prices, freight charges, taxes, customs duties, levies or other charges on which the price calculation is based and which occurs between the conclusion of the contract and delivery or the entry into force of such new charges shall entitle us to a reasonable price increase, insofar as this is permitted by law. The calculation will be made with the quantity which we have determined.

Section 5 Delivery

We reserve the right to agree the delivery time for each individual order. The delivery time shall be deemed to have been met with the timely notification of readiness for dispatch if dispatch is impossible through no fault of our own. Partial deliveries may not be refused by the buyer. An obligation to meet the agreed delivery deadlines can only be assumed under the condition that the manufacturing process is not interrupted. The consequences of force majeure, operational disruptions, strikes, lockouts, official measures, shortages of raw and auxiliary materials at the time of manufacture, and other unforeseen circumstances at our premises or at those of our suppliers entitle us to cancel the delivery obligations in whole or in part. We are entitled, but not obliged, to make a subsequent delivery of the cancelled quantity of goods. The risk is transferred to the buyer when the goods leave the factory or upon notification of readiness for dispatch. In the absence of special instructions, the choice of the transport route and the means of transport shall be made at our best discretion without any liability for selecting the cheapest and fastest shipping option. Shipment is always at the risk of the buyer – even in the case of carriage paid delivery and in the case of retention of title. Unless otherwise agreed, packaging shall be at our discretion. It shall be invoiced at the valid prices and credited at two thirds of the invoiced value if returned in good condition within four weeks.

Section 6 Complaints

Complaints regarding the weight, quantity, quality or equipment of the goods can only be taken into account, insofar as they are not cancelled by our conditions of sale, if they are notified to us in writing immediately after discovery, but at the latest within one week of receipt of the goods at the place of receipt. Defects that cannot be discovered within this period even upon immediate inspection must be reported immediately upon discovery.

Section 7 Claims for defects

We guarantee that our products are free from manufacturing and material defects at the time of transfer of risk. We shall be liable for material defects and defects of title in our products to the exclusion of further claims – subject to Section 8 – as follows:

All products/parts which are defective as a result of a circumstance occurring before the transfer of risk shall, at our discretion, be repaired or replaced by defect-free products/parts. We must be notified immediately in writing if any defects are discovered. Replaced parts shall become our property.

The purchaser must give us the necessary time and opportunity to carry out all repairs or replacement deliveries that we deem necessary; otherwise, we shall be released from liability for the resulting consequences. Only in urgent cases where operational safety is jeopardised or to prevent disproportionately major damage, in which case we must be notified immediately, shall the purchaser have the right to remedy the defect themselves or have it remedied by third parties and to demand reimbursement from us of the necessary, verifiable expenses.

Within the scope of liability for defects, we shall bear the expenses necessary for the purpose of subsequent fulfilment, provided that this does not result in a disproportionate burden for us. If, after delivery, the purchaser has taken the purchased item to a place other than the place of fulfilment, any additional costs incurred as a result shall be borne by the purchaser. In the event of the sale of a newly manufactured item, we shall reimburse the expenses incurred by the purchaser within the scope of recourse claims in the supply chain to the extent of the statutory obligation. 

Recourse claims of the purchaser against us shall only exist insofar as the purchaser has not made any agreements with their customer that go beyond the statutory mandatory claims for defects. 

If the rectification or replacement delivery fails, the purchaser may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration. In the event of an insignificant defect, the purchaser shall only be entitled to a reduction in the purchase price.

Claims for defects shall not exist in the event of only insignificant deviation from the agreed quality, in the event of only insignificant impairment of usability, in the event of natural wear and tear or damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable equipment or due to special external influences which are not provided for in the contract. If improper repair work or modifications are carried out by the purchaser or third parties, there shall also be no claims for defects for these and the resulting consequences. 

Claims for defects shall lapse 12 months after delivery of the goods supplied by us to our purchaser. The statutory limitation period shall apply to claims for damages in cases of intent and gross negligence as well as in cases of injury to life, limb and health that are based on an intentional or negligent breach of duty by the user.

Insofar as the law prescribes longer periods in accordance with Section 438(1)(2) BGB (German Civil Code) (buildings and items for buildings), Section 479(1) BGB (right of recourse) and Section 634a(1) BGB (building defects), these periods shall apply. 

Section 8 Claims for damages

Our liability for defects in the deliverable and for the breach of other contractual obligations, irrespective of the legal grounds, is limited to damages which we or our vicarious agents have caused intentionally, through gross negligence or through breach of obligations essential for fulfilment through minor negligence.

In cases of minor negligent breach of obligations essential for the fulfilment of the purpose of the contract, our liability shall be limited to the amount of damages typical of comparable transactions of this type, which were reasonably foreseeable at the time the contract was concluded or at the latest when the breach of duty was committed. 

We shall only be liable for damage that has not occurred to the deliverable itself – for whatever legal reasons – in the event of intent and gross negligence, culpable injury to life, limb or health, fraudulent concealment of defects, within the scope of a guarantee commitment, defects in the deliverable, insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items. In the event of culpable breach of material contractual obligations, we shall also be liable for simple negligence, but limited to reasonably foreseeable damage typical of the contract.

Any further liability for damages other than that stipulated above is excluded to the extent permitted by law. In no event shall liability exceed the statutory liability/statutory claims for damages.

Section 9 Technical application advice, reservation of the right to make changes

Application, use and processing of the purchased goods are the sole responsibility of the buyer. Our verbal and written advice on technical applications is only non-binding information – also with regard to any third-party property rights – and does not release the buyer from the obligation to test the products for their suitability for the intended processes and purposes. However, should liability on our part arise, this shall be limited to the value of the goods delivered by us to the extent permitted by law. We reserve the right to make design changes.

Section 10 Retention of title

Ownership of the goods shall not pass to the buyer until they have settled all their liabilities arising from the existing business relationship with us. The acceptance of bills of exchange or cheques is only valid on account of payment; therefore, the ownership of the respective object of purchase is only transferred to the buyer upon final repayment of the debt. Payment by cheque with simultaneous establishment of a financing relationship by bill of exchange shall not be deemed to be repayment of the outstanding purchase price. If the delivered goods or parts thereof are installed in another object, the retention of title shall not expire; rather, co-ownership shall be deemed to be agreed in accordance with the value ratios of the new object. The buyer is entitled to process or sell the goods delivered under retention of title in the ordinary course of business. On the other hand, the buyer may not pledge the goods or assign them as security. In the event of resale or further processing, the buyer hereby assigns to us by way of security all claims from the resale with all ancillary rights against the third-party debtor, up to the amount of the invoice and with the authority to collect the claim on a pro-rated basis. Insofar as the buyer collects the assigned claim themselves, this shall only be done on a fiduciary basis. The proceeds collected on our behalf shall be delivered to us immediately. At our request, the buyer is obliged to inform the second buyer of the assignment and to provide the information required to assert our rights against the second buyer. The buyer must notify us immediately of any seizure or any impairment of our rights by third parties. In the event that the second buyer does not pay immediately in cash, the buyer shall reserve extended ownership for us.

Section 11 Payment

Payments shall be made 30 days net after the date of issue without any deduction and free our paying agent. However, the purchase price is due immediately if the buyer is in default of payment regarding any other of our claims, or if we become aware of the uncertainty of the buyer’s financial situation due to insolvency filing, an out-of-court settlement application, foreclosure or default of a guarantor or other events in accordance with Section 321 BGB. In this case, we are authorised to make outstanding deliveries only against advance payment or to withdraw from the contract. Incoming payments, insofar as several claims are outstanding, shall be credited to the oldest claim, regardless of the information provided by the buyer. If the target of 30 days is exceeded, default occurs without prior reminder and default interest at the usual bank interest rate for overdrafts must be paid. The buyer is not entitled to withhold payments due to any counterclaims or to offset them against such claims.

Section 12 Drawings

Drawings, documents and drafts may not be disclosed to third parties by the recipient. Non-compliance will result in full compensation for damages. Drawings or documents sent with offers must be returned by the recipient if an order is not placed.

Section 13 Use of software

If software is included in the scope of delivery, the purchaser shall be granted a non-exclusive right to use the software supplied, including its documentation. It is provided for use on the deliverable intended for this purpose. The software may not be used on more than one system. 

The purchaser may only reproduce, rework, translate or convert the software from the object code into the source code to the extent permitted by law (Sections 69a et seq. of the German Copyright Act (UrhG)). The purchaser undertakes not to remove the manufacturer’s details – in particular copyright notices – or to change them without our prior express consent. 

All other rights to the software and documentation, including copies, shall remain with us or the software manufacturer. The granting of sub-licences is not permitted.

Section 14 Special provisions for e-commerce

If the purchaser acquires products or services from us via a website or another e-commerce process, the following provision shall apply in addition: 

The purchaser is responsible for the security of their password and recognises that purchases made using their password are binding on them.

An order can be placed after successful registration. By entering the personal data and clicking the button “Send order” in the final step of the ordering process, a binding order of the goods contained in the shopping cart is made. The confirmation of receipt of the order follows immediately after the order has been sent. The purchase contract is only concluded with our order confirmation, but the goods will only be dispatched after receipt of payment (down payment, advance payment or credit card payment). The order confirmation is sent electronically. It is at our sole discretion to issue an order confirmation.

We have made all reasonable efforts to ensure that all websites and access points are secure; however, we are not liable for any misuse of the information transmitted to or from these websites and/or access points by third parties who are not our employees. 

The purchaser agrees that we may use cookies via the purchaser’s website or other e-commerce processes. Deliveries are made exclusively in Germany. Payment can be made by invoice or credit card (Visa, Mastercard). The credit card will only be charged after delivery of the goods and invoicing, and we reserve the right to charge the credit card designated for payment of the goods with a security deposit in the amount of the value of the goods; the security deposit will only be utilised in the event of non-payment in the amount of the claim due.

Section 15 Applicable law, place of jurisdiction, severability

The law of the Federal Republic of Germany shall apply to these terms and conditions and the entire legal relationship between the seller and the buyer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, Künzelsau shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The place of fulfilment for delivery and payment is Ingelfingen. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of any other provisions or agreements.

Last update: November 2024