Terms

§1 Contract
  1. Object of contract are the components resulting from individual agreements. ZELLER pool gratings, respectively  RZB ZELLER Berlin GmbH & Co. KG is following named Zeller.
  2. Orders are only obligatory with the confirmation by Zeller. For their validity individual agreements, alterations of contract and supplements require written form or transmission via telefax, unless something else results from these general terms and conditions. All offers are without engagement unless they are designated as binding offers.
  3. In case of constant business relations these conditions also apply to future business dealings where it is not referred to them expressly, provided the customer got them with a former order confirmed by Zeller.
  4. Terms and conditions of the customer are not valid unless they are expressly accepted by Zeller.
  5. If a term of the contract or a clause becomes or will become completely or partly invalid in the General Terms and Conditions the validity of the contract or of the General Terms and Conditions will not be affected for the rest.  The invalid condition is superseded by a condition which legally effective comes as close as possible to the intended purpose of this clause. This also applies to a regulatory gap.
  6. The General Terms and Conditions of our customers conflicting to the terms of payment and delivery is contradicted herewith and with this contract.
§2 Complaints
  1. Complaints of realised performances or delivered parts: The customer can complain about the complete delivery of goods and the performance within 8 working days after arrival of the goods or after work  completion.
  2. Arrangements expressly arranged by contract conclusion are exepted here of .
§3 Prices
  1. Prices are strictly net plus VAT ex factory Herbrechtingen/ Bolheim. Other pricings have to be agreed expressly in the order confirmation or when the contract is concluded.
  2. The terms of payment individually agreed with the order confirmation or conclusion of contract are valid. If there are no agreements, “prepayment“ will be valid.
  3. With the acceptance of non- cash means the expenses are on orderer’s account.
  4. In case of late payment Zeller is authorised to demand all outstanding debits immediately, even if other times of payment were agreed.
  5. Price changes will be acceptable if there are more than 4 months between contract conclusion and delivery date agreed. If the wages, material cost or current market acqisition prices increase until the completion of the delivery, Zeller will be authorised to raise the price adequately  according to the cost increases.
  6. Rises in sales tax rate authorise the contractor to adjust prices adequately.
  7. All extra works are not within the offer unless they are listed seperately in positions with price and quantity. If they are executed  by the contractor, they will have to be paid separately.
  8. Performances/installations executed extra or repeated by the contractor for reasons beyond his control have to be paid separately.
  9. If the performance/installation is discontinued for reasons beyond the contractor’s control the extra costs thereby incurred will be charged to the customer’s account.
  10. The order will be calculated at the agreed standard prices based on a measurement if no lump sum is agreed.
§4 Late payment
  1. In case of late payment Zeller reserves the right to invoice late interest in the amount of 13,8 %. The proof of no or only low damage for delay remains unrestrained.
  2. All payments (in euro) have to be made to Zeller exclusively.
  3. Unless otherwise agreed the purchase price for deliveries or other performances with 2% discount is payable within 7 days, without any discount within 20 days from date of invoice. A granting discount requires the payment of all indisputable invoices due at an earlier date. No discount is given for payments by draft.
  4. The refusal of cheques or drafts is reserved. Cheques and rediscountable drafts are only accepted as performance, all cost involved are for the customer’s account
  5. The customer can add or claim a right of retention only if his requirements are indisputable or legally binding.
  6. The breach of payment terms for a long time or circumstances which question the creditworthiness of the customer seriously, lead to the immediate settlement of all outstanding accounts of Zeller. Furthermore in this case Zeller is authorised to demand prepayments for outstanding deliveries and to withdraw from the contract at the unsuccessful end of a reasonable time.
§5 Transport damage
  1. After leaving the factory the risk for the transport of the goods devolves to the orderer. A suitable transport insurance is contracted and billed when required by the orderer in written form.
  2. Zeller chooses packing, type of dispatch and dispatch route unless otherwise agreed.
  3. In case of delays of the dispatch caused by the orderer the risk already devolves with the information of the readiness for dispatch.
§6 Delivery and delivery reserve
  1. Provided that delivery is agreed it will happen to the plot boundary, vehicle- access road assumed, not unloaded.
  2. The delivery by Zeller happens under the reserve that Zeller itself is delivered correctly and in time and/or is not responsible for absent availability. Damages will be excluded if there is no negligence.
  3. The delivery date begins with the dispatch of the order confirmation but not before the adduction of the documents, permissions, releases to be provided by the orderer if need be and before receipt of a partial payment agreed.
  4. The delivery date will be kept if to its end the readyness for dispatch has been communicated or the delivery item has left the factory.
  5. The delivery date will extend with actions like labour disputes, particularly strike and lockout as well as with the occurrence of unforeseen obstacles beyond our will, for example malfunctions and delays in the delivery of essential material if such obstacles verifiably have a wide influence on the delivery of the delivery items. This also will appliy if these circumstances occur at subsuppliers. The delivery date extends according to the duration of such actions and obstacles.
  6. The circumstances aforementioned will not be acceptable for us too if they occur during an existing delay. In important cases we inform the orderer about begin and end of such obstacles as soon as possible.
  7. Part deliveries within the delivery dates declared by us are acceptable unless any handicaps for use  result from them.
 §7 Warranty/ complaint
  1. Complaints have to be claimed immediately in written form. In case of hidden defects the complaint has to be done after detection immediately.
  2. The legal warranty periods respectively the conditions and exclusions stipulated by contract are valid.
  3. Warranty claims will be accepted only if the customer makes regular maintenance according to a maintenance instruction by Zeller and if he uses spare parts delivered or recommended by us.
  4. Zeller in particular doesn’t warrant defects resulting from incorrect installation, handling or maintenance and for performances to the ordering customer’s specifications.
  5. No warranty can be accepted for the colour stability of plastic products.
  6. In case of reasonable complaints Zeller is obligated  to supplementary performance, whereby patterns released in written form by the orderer will fix quality and performance to be expected.
  7. Within the warranty period Zeller reserves a rework at first. The goods will be exchanged if necessary. The right to rescission and lessening is excluded first.
  8. If the correction of the defects is impossible or unacceptable for Zeller or requires a disproportionately great expenditure it can be refused and reduced by Zeller instead of that.
  9. The performance within the warranty interrupts the warranty period only for the period between the ascertainment of the warranty cause written notified and its correction.
  10. In warranty periods over 24 months in a case of guarantee a travel allowence is demanded as of  25th month on carriage of the service.
  11. If single parts have to be replaced- reasonably for the orderer- and the costs for a service technician are disproportionately high, these parts will be provided by Zeller and no installation costs will be granted.
  12. On request replaced parts have to be sent back to Zeller not prepaid.
§8 General liability
  1. Zeller is only liable for defects based on deliberate or grossly negligent breach of duty by Zeller, her legal representatives or employees unless guaranteed quality or contractual duties are pertained. The liability for the injury to life, body or health based on deliberate or negligent breach of duty by Zeller, a legal agent or employee is not excluded through this.
§9 Consequential damages
  1. In all cases in which Zeller is liable to damages or reimbursement of expenses on the basis of contractual or legal basics for claim (at variance with the terms aforesaid), she will be only liable if she, her executive staff or employees are charged with premeditation, gross negligence or injury of life, body or health. The fault liability according to the Product Liability Act and the liability for the fulfilment of the guarantee of quality will remain unaffected. The liability for culpable violation of fundamental contractual obligations will remain unaffected too; but the liability is limited to the foreseeable damage according to contract(except for the cases of S. 1). A reversal of the onus of proof to the detriment of the orderer doesn’t relate to the settlements aforesaid.
§10 Retention of property
  1. We have to be informed immediately of each intended limitation of the retention of property. If the orderer  resolds goods or installations alone or together with other facilities to a third party before payment of the purchase price, he will obligate to reserve the  proprierary right and demand from his buyer a minimum price amounting to our open account.
  2. Zeller reserves the property and the right of disposal on the delivery item up to the receipt of all payments.
  3. In case of default of agreed payment dates the customer will obligate himself to allow the contractor the demounting of these objects which can be demounted without any significant impairment of the structure and to retrocede him the ownerhip of these articles if delivery items have become essential parts of the real property and the customer is the owner of the real property. If the orderer impairs the rights aforementioned of Zeller, he is under obligation to pay damages. Demounting and other cost are for the buyer’s account.
  4. If delivery items permanently are connected with another article, the customer will assign his demands or his co- ownership in the new article to Zeller(if demands or co- ownership result through this) namely in the amount of the demand by Zeller.
  5. When required by the customer Zeller obligates herself to release securities of the contract as far as they exceed the value of all secured claims of Zeller by more than 20%.
§11 Return
  1. Return of goods can only take place if an agreement with Zeller was reached previously.
  2. In case of return of goods to the customer’s credit the corresponding charges and handling expenses are deducted.
  3. Reconditioning costs possibly required are charged separately.
§12 Place of fulfilment, jurisdiction, applicable law
  1. Exclusive jurisdiction is Berlin, Germany.
§13 Final provisions
  1. The customer agrees that his data are processed and saved electronically by Zeller within the framework of the provisions of a contract. The data are not given away to third party without authority.  The transmission of customer data to a company commissioned by Zeller for the purpose of winding up of an agreement and accounting expressly qualifies as authorised.
  2. It is pointed out to the customer that an access on transmitted data by unauthorised persons during the transmission of data on the internet can’t be excluded completely as technology stands at the moment.
  3. In case of language unclarities referring to translations of the homepage and the terms and conditions or in other cases of doubt and interpretation problems the German version is binding.
  4. These terms and conditions apply to all deliveries and performances by Zeller. The orderer has to object expressly  if he doesn’t agree to the general terms of payment and delivery aforesaid.
  5. An ordering or confirmation of the orderer with reference to his own general terms and conditions is not deemed to be an objection and doesn’t affect these terms and conditions, unless we expressly accepted the orderer’s terms and conditions or clauses of them in the order confirmation or else in written form.
§14 Amendments of the General Terms and Conditions
  1. The customer is informed postally or per email about amendments of the General Terms and Conditions of the Zeller minimum 4 weeks before coming into effect. If the customer doesn’t object within 4 weeks after announcement of the amendments, they will be rated as accepted and become an effective integral part of the contract.  With the information about General Terms and Conditions new formulated Zeller obligates herself  to point out particularly this legal succession to the customer again.
  2. These General Terms and Conditions are effective as of  2009-03-01.







RZB Zeller Berlin GmbH & Co KG.
Hardenbergplatz 2
D-10623 Berlin

Fon: 030 2655 1306
Fax: 030 2655 1308
E-Mail:
TÜV Bundesverband öffentlicher Bäder