General terms and conditions

1. Scope

These terms and conditions apply to all contracts between Ektennsa GmbH and its customers for the supply, installation and maintenance of biological wastewater treatment plants. Deviating or supplementary conditions of the customer only become part of the contract if Ektennsa expressly agrees to their validity in writing.

2. Conclusion of the contract

Offers from Ektennsa are non-binding. The contract is concluded as soon as Ektennsa confirms an order in writing (including by email) or performs the service. For consumers, the right of withdrawal set out in clause 9 applies in addition.

3. Scope of services

The specific scope of services will be determined in each case in the written offer from Ektennsa GmbH and will comprise only the services expressly stated in that offer.

Where supply takes place through an authorised local partner, distributor or installer, the installation, commissioning and other local services will generally be carried out by that partner or collaborator, in accordance with the conditions of the project and of the corresponding offer.

Ektennsa may sell the plant directly to the end customer. During the development phase of the South American market, this is the usual arrangement. In such cases, the customer will be responsible for organising and bearing locally the services required for the receipt and commissioning of the installation, including, among others, import, transport from the port of arrival to the installation site, site preparation, the necessary excavation and civil works, installation of the plant, the corresponding connections, as well as the installation, programming and commissioning of the K-Pilot control system.

These local services do not form part of Ektennsa's supply, unless expressly stated otherwise in the offer.

To facilitate correct installation and commissioning, Ektennsa will provide the customer with the corresponding technical documentation, manuals and instructions for delivery and commissioning. In addition, the technical team of Ektennsa Berlin will be available to the customer to provide technical assistance and guidance during the installation and commissioning process, within the scope and for the period determined for each project.

The technical assistance of the Ektennsa Berlin team does not imply the direct performance of work of any kind by Ektennsa, nor the assumption of the obligations of the customer or of third parties engaged by the customer. Such assistance is based, among other things, on the experience gained over approximately 15 years of observation, application and work with the technology of AQUATO plants, which allows Ektennsa to provide the customer with technical guidance grounded in practical experience and in the accumulated knowledge of these solutions.

AQUATO technology has been developed in Germany and Europe and is designed for reliable, efficient and low-maintenance operation.

Unless expressly agreed otherwise, the supply also does not include earthworks, excavation, civil works, construction or preparation of tanks or foundations, procedures and authorisations before the competent authorities, sanitary and electrical connections, local transport from the port, lifting equipment or other local work or services required for installation.

Any additional service not expressly included in the offer must be agreed separately and may be subject to additional costs.

4. Prices and terms of payment

Prices may be stated in the offer in euros (EUR), US dollars (USD), Chilean pesos (CLP) or in the corresponding national currency, depending on the customer's country of residence in South America.

However, the payment amount always remains linked to the value set in euros (EUR) in the original offer. Where the price is stated in a currency other than the euro, that amount constitutes only the conversion of the amount expressed in euros and may be adjusted according to the exchange rate applicable at the time of payment.

Furthermore, Chilean VAT (IVA, 19%) or the value added tax, IVA, IGV or any other equivalent tax applicable in any country in South America will not be included or itemised in our offers, proforma invoices or commercial invoices. Taxes, fees, import duties and other tax obligations applicable in the country of destination will be the responsibility of the customer, unless expressly agreed otherwise.

Payment will be made by bank transfer for the total amount of the offer or, where expressly agreed, according to the advance payment percentage set out in the terms of payment.

The order will be considered confirmed once the corresponding payment has been received in our bank account. After receiving the payment, we will confirm the order in writing and inform the customer of the delivery time and the estimated delivery date.

In the case of international payments, all bank and transfer charges will be borne by the customer, so that the net amount corresponding to the euro value of the offer is received in full in our account.

5. Supply and delivery times

The delivery times stated in offers are estimates and non-binding, unless a binding delivery time or date is expressly agreed in the offer or in the order confirmation.

As a general guide, the usual lead time is approximately two months from order confirmation and receipt of the corresponding payment. This period generally comprises around one month for the preparation and supply of the plant or plants and technology in Germany and approximately one month for sea transport, depending on the destination and on the conditions of sea or air transport.

Transport times may vary depending on the availability of space, the routes and operations of shipping companies, port conditions, customs procedures and other circumstances related to international transport.

In the event of force majeure or unforeseeable circumstances beyond Ektennsa's control, such as natural phenomena, strikes, labour disputes, port closures or restrictions, transport interruptions, political events or similar situations, the delivery time will be extended by a reasonable period for as long as such circumstances persist.

Ektennsa will inform the customer without undue delay of any circumstance that may significantly affect the delivery time and, where possible, will communicate a new estimated delivery date.

6. Statutory warranty and manufacturer's warranty

Ektennsa is liable for defects in accordance with the statutory provisions. In addition, AQUATO, as the manufacturer, grants the manufacturer's warranty stated in the corresponding technical data sheet, the requirements and scope of which are communicated together with the contract. A prerequisite for full performance under the warranty is usually a valid service contract.

7. Liability

Ektennsa is liable without limitation for intent and gross negligence. In the case of slight negligence, Ektennsa is only liable for breach of essential contractual obligations, limited in amount to the damage typically foreseeable under the contract. Liability for damage resulting from improper handling or lack of maintenance is excluded.

8. Retention of title

The plant supplied remains the property of Ektennsa GmbH until the purchase price has been paid in full. Before payment in full, the customer may not sell, pledge or transfer the plant by way of security. In the event of intervention by third parties, Ektennsa must be informed without delay.

9. Right of withdrawal

Consumers have the statutory right of withdrawal. Consumers receive the details (withdrawal period, consequences of withdrawal, model withdrawal form) together with the offer. Contracts are not concluded through the website but by offer and written confirmation. Consumers can declare withdrawal informally, for example by email.

The statutory right of withdrawal provided for consumers does not apply to customers acting in the exercise of their business or professional activity (B2B), including companies, distributors, installers, builders, property developers, hotels and other professional customers.

In B2B transactions, the acceptance of an offer and the subsequent order confirmation constitute a contractual commitment. Cancellation or modification of an order by the customer will be subject to the conditions agreed in the offer, the order and/or the general terms of sale of Ektennsa GmbH.

In particular, where the order has already been confirmed, or its preparation, manufacture, procurement of components or export process has begun, any cancellation will be subject to the conditions and costs applicable under the contract.

10. Applicable law and place of jurisdiction

Contracts concluded between Ektennsa GmbH and customers acting in the exercise of their business or professional activity (B2B) will be governed by the law of the Federal Republic of Germany, unless the parties expressly agree otherwise.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

To the extent legally permissible, any dispute arising from or related to the contract will be subject to the jurisdiction of the competent courts of Germany.

11. Final provisions

Amendments and additions to these terms and conditions or to individual contracts require written form. If any provision is invalid, the validity of the remaining provisions will not be affected. The statutory provision will apply in place of the invalid provision.