The following terms and conditions of sale and delivery apply to all sales and deliveries by Prime Water GmbH. Changes to these conditions, verbal side agreements and subsequent changes to the contract are only valid if they are confirmed in writing by Prime Water GmbH. All offers are non-binding. Orders to Prime Water GmbH are only fulfilled on the basis of the following conditions; the client’s own terms and conditions or contractual conditions do not apply. By placing an order, the buyer declares himself to be in agreement with these conditions and to be bound by them. By submitting the order in question, in whatever form, you confirm that you have already exceeded the minimum age of 18 years.
The prices are based on the costs at the time of the initial price offer. If there is a cost increase up to the time of delivery, Prime Water GmbH is entitled to adjust the prices accordingly. Several buyers are jointly liable for payment. Prime Water GmbH reserves the right to determine the shipping method.
3. Fulfillment and jurisdiction:
The place of performance is Wolfsberg. The competent court in Wolfsberg is agreed as the exclusive place of jurisdiction.
4. Delivery and shipping costs
(1) As far as the ordered products are available, the delivery takes place within 3-5 working days after receipt of the order. If, in exceptional cases, a part of the items ordered by the customer should not be available, we ask you to order them again. There is no automatic subsequent delivery. Remaining and special item quantities are only delivered as long as stocks last.
(2) Shipping costs are calculated based on the net amount of the order: see table
from € 0.00 to € 35.00: € 8.20
from € 31.00 to € 70.00: € 9.70
from € 71.00 to € 99.00: € 12.90
Delivery is free of charge from 100, – EUR net goods value per order.
All shipments travel at the risk of the buyer; they are only insured at the buyer’s request for a separate charge.
Force majeure (war, operational or traffic disruptions, lack of workers or raw materials, strikes, lockouts with us or with sub-suppliers) exempts from the delivery obligation for the duration and scope of the disruption; there is no right to subsequent delivery of the missing quantities.
If ordered goods are not accepted, we are entitled, in addition to further claims for damages, to demand 5% of the order value for expenses incurred or commissions paid. Delivery obligations and delivery periods are suspended as long as the buyer is in arrears with payment of even one invoice. If the seller has doubts about the solvency of the buyer, he can make the further fulfillment of securities that he considers appropriate, in particular, dependent on advance payments. Deliveries are made from stock. Additional costs for express and express shipments are borne by the recipient. The buyer bears any increases in freight rates after the conclusion of a contract. The delivery takes place at the option of the seller from a point of sale or from a pre-supplier or also the producer.
6. Consignment goods:
When the goods are handed over on commission, the quantities sold must be invoiced at the end of each month. The equivalent value must be paid by the 10th of the following month without deduction. If the payments have not been received by the 15th of the month in question, we are entitled to make the total balance due for payment. If no special agreement has been made about the settlement and payment of the commissioned goods, this will be settled in an invoice after 3 months from delivery. In the event of price changes, the customer has the opportunity, with immediate payment net cash, to take over the goods at the reduced price or to keep them on commission at the increased price. Prime Water GmbH is entitled to check the consignment warehouse at any time.
7. Warranty and compensation:
(1) The seller’s liability to pay damages for consequential damage or indirect damage is mutually excluded. In addition, we are only liable for damages in the event of willful intent or gross negligence. Furthermore, any liability under the Product Liability Act for damage to property belonging to the buyer, if the buyer is an entrepreneur, is mutually excluded. In the event that the goods are resold or otherwise passed on, regardless of whether they were processed or processed before further processing, the buyer is obliged to agree an identical exemption clause in accordance with Section 9 of the Product Liability Act with his own customer, if he is an entrepreneur to oblige to stipulate identical contractual conditions with any customer, otherwise any liability or recourse to us in the event of damage is excluded according to the rules of the Product Liability Act.
The customer will notify Prime Water GmbH of any defects in the delivered products immediately upon receipt of the goods. Complaints about part of the delivery do not entitle to complain about the entire delivery. The provider’s guarantee is based on the AGBG and KSchG. In business dealings, the warranty is limited to one year and Prime Water GmbH is entitled to replace a product that has been complained about free of charge.
(2) Slight deviations from the products shown in the online shop are in some cases unavoidable for production-related reasons (e.g. the color intensity, bottle shape for products). The aforementioned groups of cases do not justify a complaint.
8. Duty to provide information, risk warning:
Express reference is made to the particular risk of improper storage or use.
For this reason, the supplier assumes no liability for frozen, overheated or otherwise incorrectly stored containers.
The client and purchaser undertakes to pass this risk and warning notice on to other customers or end users, and to keep this completely harmless and harmless with regard to Prime Water GmbH.
The invoice amount is due for payment without deduction within 8 days of the invoice date. All payments and transfers must be made free of charge. If the payment deadline is exceeded, the buyer is obliged to pay 12% p.a. as default interest. The client or purchaser is also obliged to reimburse legal dunning fees and, subsequently, court costs in full. In the event of default in payment, the deadline will be lost and any volume discounts granted will lose their validity. Offsetting against counterclaims by the buyer against our claims is excluded. The buyer also waives any right of retention.
8. Retention of title:
The delivered goods remain our property of Prime Water GmbH until full payment has been made for all obligations of the buyer, regardless of their nature. In the event of confiscation or attachment, the buyer is obliged to point out the retention of title and to notify Prime Water GmbH of this immediately.
Unless otherwise agreed, we deliver in cardboard boxes; which will not be taken back. The purchaser or client is obliged to properly dispose of the cardboard packaging and to dispose of it in accordance with the relevant waste disposal regulations at his own expense, but in any case to keep the supplier completely harmless and harmless in this regard. The packaging supplied by Prime Water GmbH is released from our sub-suppliers for the ARA collection and recycling system and is therefore included in the prices!
10. Data protection:
The customer agrees that all data required for order processing may be processed and stored in accordance with the Data Protection Act in order to ensure the smooth process of order, delivery and invoice.
11. Additional agreements:
The above conditions are not canceled by any commercial custom or tacit tolerance. The ineffectiveness of individual provisions above does not affect the effectiveness of the others. All declarations can be sent to the address of the buyer that was last announced to the seller.
Prime Water GmbH
Am Industriepark 9a
Commercial register no.: FN: 549503v | Company court Wolfsberg
Ing. Rainer Hofmeister
These terms and conditions are valid
Wolfsberg, March 2021