General Information

1 Applicability
2 Parties
3 Conclusion of contract
4 Cancellation/rescission
5 Conditional sale
6 Availability reservations
7 Delivery
8 Price, maturity and payment, delay of payment
9 Warranty
10 Assembly and installation
11 Brochures
12 Requirements of water quality for operation of water purification
13 Privacy of data
14 Legislation, court of jurisdiction, place of fulfilment

General Information Mewald Ges.m.b.H., Sales Area „Water Purification“, Sold under the registered trademark “ACM-Water” Industriestraße 1+2, A-2486 Pottendorf Tel. +43 (0) 2623 72225 DW 140 Fax +43 (0) 2623 72225 DW 166 For information, data and complaints: webmaster@acm-water.com District Court of Wr.Neustadt, FN 111016i, USt.ID NR: ATU17664203 Member of Austrian Federal Economic Chamber Returns: within 14 days from date of receipt of product Warranty: according to legal regulation (24 months) Legal framework: Trade, Commerce and Industry Regulation Act Type: Ges.m.b.H. Managing Director: Klaus Mewald Objective in Sales Area „Water Purification“: Selling and distance selling of devices and fittings for water purification
1	Applicability
1.1	For business connections between Mewald Ges.m.b.H. sales area “Water Purification” (subsequently ACM-Water) and the purchaser, the following general terms and conditions apply exclusively in the version that was effectual at the date of order.
1.2	Terms and conditions of the purchaser which deviate from the ones applied here will not be recognised by ACM-Water, except if ACM-Water has explicitly accepted their validity in a written form.
2	Parties
	ACM-Water exclusively enters into contracts with purchasers who are fully contractually capable natural persons, who are at least 18 years of age and who have a registered residence in a membership state of the European Union, regardless whether they act as customers (KSchG), entrepreneurs (HGB) or authorised signatories of others. In case an offer from a non-accepted party has been accepted by mistake, ACM-Water is entitled to declare the rescission from the contract within an appropriate period.
3	Conclusion of contract
3.1	Your order is an offer for conclusion of a contract of sale. When you place an order with ACM-Water you will receive an e-mail which confirms the receipt of your order and which contains details concerning the order (confirmation of order). This confirmation of order is not an acceptance of your order, but merely has the purpose to inform you that we have received your order. The contract of sale is only accomplished when we send the ordered product to you and confirm the consignment by a second e-mail (confirmation of consignment). The contract does not include any products of an order that are not listed on the confirmation of consignment.
3.2	In case there is an error made by ACM-Water concerning information about a product, about prices, or ability to deliver, ACM-Water will give notice to the customer immediately. The customer can re-confirm the contract according to the revised conditions. Otherwise, ACM-Water is entitled to withdraw from the already accepted contract.
3.3	Please note that we sell our products to end-consumers in quantities typical for private households.
4	Cancellation/rescission
4.1	You can cancel your acceptance of contract within two weeks without specification of reasons by a one side declaration of intent in a written form (letter, e-mail, facsimile) or by conclusive action – return of product. This period starts at the date of receipt of the products but not before you have received this statement. In order to remain within the time limit for cancellation, it suffices to send the cancellation statement or return the product in time.
4.2	The condition for exerting your right of cancellation by return of product is that the product remains damage-free and has not been visibly used and that the return parcel is sufficiently stamped. The cost for returning the product is paid by the customer, except when they have received wrong or faulty products. The risk of the return of the product as well as the proof for the consignment lie with the customer.
4.3	A cancellation or a return of products should be directed to Mewald Ges.m.b.H. in Pottendorf, Austria. A return of products to other addresses cannot be accepted.
4.4	In case of a cancellation the received products or payments and, where applicable, profits, are to be returned. If you are not able to return products fully or partly or only in a deteriorated state, you are obliged to make amends, where applicable (e.g. cartridges after use). In the case that products are leased, this does not apply, if the deterioration of the product is caused solely by testing – such as would have been possible in the retail shop. You can avoid the obligation to make amends by not using the products as an owner and by avoiding to use them in a way that would affect their value.
4.5	In the case of a cancellation by a customer, ACM-Water will immediately provide a refund of all payments already made. Cost for packaging and transportation will not be refunded. If the order is placed on open account the amount will be credited to the customer’s account.
5	Conditional sale
5.1	The delivered products remain the property of ACM-Water until they have been fully paid for. The purchaser is responsible for fulfilling the necessary formalities for the conditional sale. In the case of garnishment or drawdown the purchaser should state the conditional sale of ACM-Water and contact us immediately. The agreement on conditional sale also applies to cases of using up, installation, and joining of delivered products with those belonging to the purchaser.
5.2	The selling of products delivered under conditional sale is authorised for resellers in the process of normal business transactions, as long as the payment of the customer is not delayed. In this case he is expected to retain the ownership of the product until it is fully paid for.
5.2.1	Herewith the purchaser assigns all claims to us, to which he is entitled from his customer from the selling of the conditionally purchased product, with attention to all ancillary rights in order to provide security for all our claims towards him.
5.2.2	In the event of delayed payment or deterioration of his economic situation the purchaser is obliged to grant us admission to his premises and permit the re-appropriation of the product which has been delivered under the terms of conditional sale.
5.3	If ACM-Water replaces products in the course of warranty or ACM-Water warranty, the exchanged product is considered to become the full property of ACM-Water.
6	Availability reservations
	Should ACM-Water learn after the conclusion of a contract that the ordered product is no longer in store at ACM-Water or that it cannot be delivered due to legal reasons, ACM-Water can either suggest and deliver a product that is equal in quality and price, or withdraw from the contract. The offer of a replacement or of a withdrawal will be made instantly, at the latest within three workdays after the customer’s offer has been received.
7	Delivery
7.1	The delivery of products will be carried out at the cost and risk of the purchaser to the address stated by them.
7.2	Information concerning the delivery date is not binding, except when it has been specified explicitly and declared to be binding in a written form.
7.3	Partial deliveries are permitted.
7.4	The products will be packaged as customary in trade in order to prevent damage during transport under normal conditions.
8	Price, maturity and payment, delay of payment
8.1	Cession
	All claims resulting from ACM-Water invoices towards customers are ceded to FactorBank AG, 1041 Vienna by cession contract.
8.2	Credit assessment
	To secure the credit risk with new customers or in justified special cases, ACM-Water reserves the right to rule out “open account” as a method of payment.
8.3	Prices
	Information on prices for our products is given in EUR including purchase tax (20%). The prices stated on the homepage apply exclusively to orders in e-commerce.
8.4	Payment
	If no other conditions of payment have been agreed on, the following applies: Invoices to customers from Austria and Germany up to EUR 5.000,- incl. purchase tax, have to be paid net promptly after reception of invoice. For orders exceeding EUR 5000,- 50% of the value of the contract have to be prepaid at the placing of the order, the rest upon reception of the products. Orders from customers from all other countries have to be prepaid in full, however at the latest upon the announcement of readiness of dispatch. The purchaser is not entitled to delay payment due to non-acceptance of warranty claims or other claims.
8.5	Delay of payment
	In case of a delay of payment, ACM-Water is entitled to charge interest for delay amounting to 5% above the base interest rate fixed by the European Central Bank p.a. Should ACM-Water suffer a verifiably higher damage by a delay, it can be claimed. The purchaser explicitly agrees that in the case of delayed payment our company will communicate the purchaser’s name, gender, address, their occupation, the amount due, and dunning data to the KSV (Kreditschutzverband; an institution monitoring the solvency of companies in Austria) as well as to an encashment agency which is authorised to handle the collection of debts. The customer whose payment is delayed has to settle valid rates of expenses of dunning and collection.
9	Warranty
9.1	In the case of a faulty product the legal regulations apply. The concession of these claims of the purchaser is barred.
9.2	The legal warranty concerns faults which existed already at the date of delivery, even if they were only discovered later.
9.3	The time limit for stating warranty claims is 24 months from delivery on.
9.4	ACM-Water warranty
	Additionally, ACM-Water answers for the fact that with normal use there will not be any faults during the warranty limit. Normal use for water purification devices is defined as the proven use according to the flow rate and water quality that has been recommended in the product description and if correct installation according to the manufacturer’s specifications can be proven. The legal warranty is not infringed by this extended ACM-Water warranty.
9.5	Applicability of the ACM-Water warranty
	The ACM-Water warranty applies to all products delivered to purchasers within the European Union.
9.6	Replacement and payment from warranty and ACM-Water warranty
	Faulty parts of delivered products will be replaced with new or equal parts free of charge. The products in question have to be sent to ACM-Water Fa. Mewald Ges.m.b.H. in Pottendorf Austria at the cost and risk of the purchaser.
9.7	Obligations of the owner/user
	In order to retain the claims of warranty and ACM-Water warranty the product has to undergo regular maintenance in accordance with the product manual, which has to be verified.
9.8	Exceptions and reasons for debarment
	Wear parts such as membranes, filters, tanks, seals, o-rings etc. have to be replaced continually and will not be replaced free of charge, neither under warranty nor ACM-Water warranty. Faulty installation as well as improperly conducted changes or repairs made by the purchaser or others eliminate any claims to warranty or ACM-Water warranty. Other reasons for debarment are: Malfunctions due to misapplication, missing regular maintenance, wrong use, processes of corrosion due to hydrosulphide, raised amount of CaCO3 or iron in raw water, remainders of extreme water hardness, inappropriate handling, or use with too much output.
9.9	Liability
	ACM-Water is not liable for damages other than on the delivered product itself. In particular, ACM-Water is not liable for loss of profit or other damages to capital of the purchaser or for damages which are based on the fact that potential offers by customers do not reach ACM-Water or cannot be processed due to technical faults.
9.10	Product liability
	The product liability according to the Austrian PHG (product liability regulation) is debarred for damages to industrially used objects in business connections between entrepreneurs according to § 1 KSchG (consumer protection regulation).
10	Assembly and installation
	ACM-Water does not conduct installation. If requested we can recommend concessionary companies, for whose services, however, ACM-Water is not able to accept responsibility or warranty.
11	Brochures
	Information about weight, dimensions, prices and technical details in all our brochures is only binding if it is referred to in our confirmation of order. The order is subject to alterations for technical progress or better use. After cancellation of business connections with ACM-Water, resellers must immediately return brochures and sales aids.
12	Requirements of water quality for operation of water purification
12.1	Drinking water quality according to respective applicable norms
12.2	Maximum conductivity 2000 µS/cm (2000 ppm TDS)
12.3	For industrial facilities max. overall hardness 25° dH (177,95 mg/l Ca)
12.4	Maximum water temperature 40 °C (122 °F)
12.5	Maximum water pressure 690 kPa (100 psi)
12.6	If one or more of these requirements are not met, all claims to warranty or ACM-Water warranty expire.
13	Privacy of data
	ACM-Water ensures that customer data will only be collected, processed, stored, and used for internal market research and marketing purposes in relation to the processing of the order. The purchaser permits ACM-Water to send brochures for marketing purposes in a written form but also as a newsletter, as well as to communicate stored data to co-operation partners. If the purchaser disapproves of the use of their data by ACM-Water and of receiving brochures, they are entitled to inform ACM-Water of this fact at any time by an informal note.
14	Legislation, court of jurisdiction, place of fulfilment
14.1	Austrian jurisdiction applies to legal issues between ACM-Water and customers as well as business connections.
14.2	Place of fulfilment for payments and deliveries is the business location of ACM-Water in Pottendorf, Austria.
14.3	The exclusive court of jurisdiction is Vienna or another legal court of choice of ACM-Water, if the customer is a trader in the sense of the HGB or a public corporation.
14.4	In case individual regulations of this contract are legally ineffective in whole or partly, or lose their legal effectiveness later, the validity of the remaining contract should not be affected. In this case the parties are obliged to agree on an effective regulation instead of the ineffective one. As far as legally possible, the effective regulation should try to retain the economic purpose of the original ineffective one, which has been fixed in the contract by the parties. The same applies if the contract holds any unforeseen lack of regulations.