All deliveries and services are based on our general terms and conditions below, even if we do not make specific reference to them in individual cases. Their validity can only be excluded in whole or in part by express agreement in the individual transaction. General terms and conditions, in particular the purchasing terms of the customer, shall not apply to our deliveries and services unless we expressly recognise them. We shall not be bound by them even if we do not specifically object to them in individual cases. If the customer does not object to our order confirmation within one working week after receiving the order confirmation, our terms and conditions shall be effective in full and without restriction. The acceptance of our deliveries and services shall in any case include the acknowledgement of our terms and conditions without any reservations and the waiver of the customer's own terms and conditions. The same shall apply to settlement of the down payment and the first payment by the customer. More specifically:

1. Application

Unless agreed otherwise, all offers are subject to change. Orders shall only become binding for us with regard to the type and scope of delivery through our written order confirmation. The delivery obligation shall only come into effect after the order has been duly confirmed.

2. Pricing

Our prices are always subject to change unless our written confirmation contains the note "fixed prices". We reserve the right to change prices and discounts in the event of salary increases that are based on collective agreements, as well as increases in raw material prices and other production costs.

3. Payment terms

Our invoices are due for payment before delivery without any deductions.

We may request references from unknown companies. Deliveries to foreign countries against submission of best references, against letter of credit or documents. Should circumstances arise after the contract is concluded, which give rise to doubt over the security of the receivables from the customer even if we agreed on deviating payment terms in written, we may demand advance payments. We reserve the right at all times to reject as a suitable means of payment bills of exchange received here, without giving reason, and to demand immediate cash payment. If the customer defaults on paying an invoice, this shall result in all other outstanding invoices from us becoming due immediately.
The customer is not entitled to withhold payments due to notices of defects.

4. Terms of delivery

Delivery is ex works or ex warehouse. Transport shall be at the expense and risk of the recipient, even for those deliveries which are delivered carriage paid to the receiving station and even if the recipient uses their own transport personnel. In the absence of specific delivery instructions, the same shall be effected at our best discretion, but without any obligation for the cheapest means of transportation. If delivery is delayed due to circumstances that are attributable to the customer, the risk shall pass to the customer on the day on which the goods are ready for delivery. Otherwise, the risk (also in the case of carriage paid delivery) shall pass to the customer when the goods leave our works.
If we are unable to meet the agreed delivery date, the customer must grant a reasonable grace period (starting from the day of the customer’s written notice of delay) and may only assert rights arising from this contract after the grace period has expired. This shall not apply in the event of intent or gross negligence on our part. Disruptions in business operations, in particular work stoppages and lockouts as well as other cases of force majeure, both on our part and on the part of our upstream suppliers, shall extend the delivery periods accordingly. The customer cannot derive any claims for damages from this.
The customer is only entitled to withdraw from the contract if he, under such circumstances, sends a written reminder for delivery after the agreed delivery period has expired and the delivery is not made to the customer within 8 weeks of us having received the reminder letter from the customer. In this case, the customer shall have no claim for damages. If we do not deliver for other reasons and we are delayed, the customer may declare withdrawal and claim damages from us only in cases of gross negligence and intent. Goods may only be returned following prior written confirmation by us. Return delivery carriage paid in original packaging. At least 50% return flat rate as well as the outward freight will be deducted from the credit note.
We have the right to withdraw from the contract if the customer has provided incorrect information about the facts that determine his creditworthiness or if he stops his payments or if bankruptcy or insolvency proceedings against their assets have been applied for. We shall then also be entitled to withdraw from the contract if we become aware of circumstances which preclude or delay proper performance of the contract by the customer.

5. Liability for defects

Obvious defects must be claimed in writing within 14 days after delivery. Subsequent warranty claims due to obvious defects can no longer be considered. All other warranty claims become time-barred after 6 months from handover. 

To the maximum extent permitted by applicable law, in no event shall VOLFI or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if VOLFI or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

In all other respects, we provide a warranty subject to the following proviso: For damage that demonstrably occurred before delivery as a result of defective workmanship or the use of inferior material, it shall be at our discretion to provide a replacement in the form of either a new one or as a repair to be made at our expense. The customer shall grant us the necessary time and opportunity to carry out these activities. Otherwise, we shall be released from the obligation to rectify the defect. The customer's claims to rescission of the purchase contract (redhibitory action) or to reduction of the purchase price (abatement) shall be excluded unless a replacement delivery or rectification is impossible for us within a reasonable period of time.

6. Warranty

With regard to adherence to the prescribed dimensions and quantities, we reserve the leeway offered by the manufacture. If special requirements are made on the exact dimensional accuracy and quantities, these must be expressly stated and agreed in writing in each individual case when the order is placed.

We do not accept any liability for the consequences of improper use of our goods, overloading or the like. If the goods are exposed to constant, extreme weather conditions or extreme environmental influences when used for their intended purpose or are subject to the effects of aggressive substances or if this is to be suspected, suitable resistant materials must be selected by the customer when ordering the goods. We also do not assume any liability for consequences resulting from the use of goods that are not suitable for such influences.

Every workman and tradesman who processes our products on offer is self-responsible for sticking to all eventual regulations. Deviations have to be arranged with the persons in charge before installation.

VOLFI Volker Fischer GmbH can not be liable for any construction defects due to mistranslations, misunderstandings or faulty information, even if VOLFI or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

7. Retention of title

All goods delivered by us shall remain our property until the current account receivables have been settled in full, even following sale to third parties. The resale of the goods delivered under retention of title is permitted in the ordinary course of business. The claims arising from the resale shall be deemed assigned to us.

In the event of bankruptcy or insolvency proceedings, the customer shall be obliged to make the goods known to any third party as our property by means of signs or in any other way before the proceedings are initiated. As long as there is a claim on our part, we are entitled to demand information from the customer at any time as to which goods delivered under retention of title are still in their possession and where they are located. Furthermore, we are entitled to inspect and retrieve these goods at any time at the place where they are located. This shall also apply if the material has already been installed at the construction site.
The customer bears the risk for the goods delivered by us and is obliged to store them carefully and to insure them adequately against loss, theft, fire, etc. The customer hereby assigns to us in advance the claim against the insurance company in the event of a loss, namely a first-rank partial amount equal to the purchase price of the goods delivered by us under retention of title. This shall also apply if the insurance does not cover the entire loss in full, so that we are not referred to proportional compensation in such a case.
If the delivered goods are combined with another item such that they become an integral part of this good, the customer already hereby assigns to us co-ownership thereof now according to the proportionate values of the combined items, which they shall insofar take into custody on our behalf. In the event that the delivered goods are combined with real estate, the customer shall be obliged, at our request, to provide adequate security for our existing and future claims within the scope of the business relationship at that time. The customer undertakes to inform us as soon as possible of any seizures by third parties, in particular attachments, etc.
The seizure or transfer of ownership of our goods by way of security is excluded. The customer’s claim from the transfer is already assigned to us now with all ancillary rights, regardless of whether the goods subject to retention of title are delivered without or after processing or whether they are delivered alone or together with other items. In the latter cases, the claim is assigned to us in accordance with the proportionate value of our goods. In the event of a resale, the customer undertakes to provide us with the name and address of the customer at any time upon request. The claims arising from bills of exchange accepted by the customer on account of payment or in lieu of payment are hereby assigned to us. The handing over of the bills of exchange shall be replaced by the fact that the customer shall hold the received bills of exchange in safe custody on our behalf. The claims assigned to us serve as security for all our claims, including those arising in the future.

8. Ancillary agreements

All promises and agreements, including agreements made by telephone or telex, which contradict or go beyond any of the above terms and conditions, as well as amendments of any kind, in particular to the payment terms, must be expressly confirmed by us in writing if they are to apply. This applies in particular to all verbal ancillary agreements made by our representatives and sales representatives. This also applies to amendments and exclusion of our general terms and conditions. Any purchasing terms shall be irrelevant to us since they contradict our general terms and conditions, which shall take precedence in case of doubt. Unilateral amendments to these terms and conditions, in particular the payment terms, made by the customer are not permitted and are not binding for us. For the commercial processing of our deliveries or service provision, we store and process personal data of the customer and use them within the scope of the intended purpose of the concluded business.

9. Place of performance and jurisdiction

The place of performance for all liabilities arising from the contract is the registered office of the supplier. The place of jurisdiction is Siegen. The possible invalidity of individual provisions shall not affect the validity of the remaining provisions or that of the entire contract. In the event that one of the aforementioned provisions is nevertheless invalid, the provision which comes closest to this economically shall automatically come into force. In any case, German law shall apply.