Terms & Conditions

Orders must be placed with Wainwright Instruments GmbH, Graf-Rasso-Str. 1, 82346 Andechs, Germany. Orders received by fax or e-mail are considered legally placed orders. If an original order is not received through the mail within one week from date of the fax or e-mail order, we consider the fax or e-mail orders as legally binding. Telephone orders are not accepted. All published prices and terms are subject to alterations at any time. We invoice our products in Euros, except when the goods are shipped and invoiced to the USA. In that case we can accept payment in US-Dollars if desired.

Minimum Order
There is no minimum order.

We reserve the right to change the specifications of our products or to discontinue manufacturing of items of our choice at any time without obligation of any kind.

Delivery Time
Delivery times quoted in catalogs, in the internet, in individual quotations or acknowledgements are based on information available to us at the time of issue. We always make every effort to meet these delivery dates. However, we can assume no liability, consequential or otherwise, of any sort, resulting from delays caused by act of God, fire or other casualty, accident, strike, shortage of labor or materials, government action or other causes beyond our control.

Change of Order or Cancellation
Buyer may cancel any order by written notification. We reserve the right to invoice all products that were already completed when receiving the notification and costs that were incurred for incomplete products or other expenses in connection to the cancelled order.

Agreement to Terms
Our order acknowledgements and proforma invoices are based on the here listed terms and it is assumed that orders are placed in acceptance of these terms as well as the warranty terms shown below.
Any deviating terms and conditions in a purchase order or other document received from the customer are not accepted. Should we receive no objection from the customer within five working days, it amounts to the customer’s full acceptance of Wainwright Terms & Conditions. Any amendment must be agreed to by both parties in writing. All rights and obligations shall be governed by German law and any litigation shall take place in a court in Starnberg or Munich.

Delivery Terms
Deliveries worldwide: Free Carrier = FCA Andechs according to INCOTERMS 2020. Packaging is included in the product price. Freight and insurance is paid by buyer. Standard procedure is shipment by UPS or Federal Express. If buyer has an account with these or other carriers, we ship “freight collect”. Otherwise we will charge the shipping costs in our invoice. Shipment by a different carrier who requires special shipping documents or the need for special export documents may cause extra handling costs which will be invoiced to the buyer.

Deliveries to European Union members: Deliveries to EU members are free of value added tax. However, in order to ship on this basis, we need the customer’s V.A.T. code number with the order.

Transport Risk
Transport responsibility is transferred to the buyer when goods leave our premises. Buyer should insure shipment.

Our standard payment terms are 30 days net from invoice date for buyers with approved credit rating. Unless credit has been established, products must be paid for in advance before production starts. In this case a pre-payment discount of 3% applies. We have the right to delay or cancel any outstanding orders if previous invoices are overdue (unpaid). If payments are delayed – with or without our consent – we are entitled to charge interest at a rate of 8% p.a. above the rate of the European Central Bank, or the maximum permitted by law. The imposition or payment of late charges shall not be deemed to extend the due date of any payment. Goods remain our property until fully paid.

Payments by customers outside of the European Union: The buyer must ensure that bank charges occurring in his country will be carried by him and will not be passed on to our bank. The remitter’s bank should be instructed accordingly.

Payments by European Union Members: The IBAN Numbers and BIC Numbers of both remitter and the beneficiary of the transfer must be used. This will assure that within the EU transfers of amounts under €12.500 are free of bank charges to the beneficiary. For payments of €12.500 and more, and for payments from outside the EU, each party should carry their own bank charges. The remitter must give the appropriate instructions to his bank.

Payments for products delivered within Germany (regardless of location of remitter): All prices are subject to value added tax.

Quality Assurance
All phases of production are checked to insure that our usual high standards of quality and workmanship are met. We are ISO 9001 certified.

See https://www.wainwright-filters.com/compliance-and-certificates

Export Control Regulations
Our quotations and order acknowlegements as well as our delieveries (fulfillment of the contract) shall be subject to the proviso that the fulfillment of the contract is not being restricted by any applicable national, European and international export control regulations (Export Control Laws). Delays due to approval procedures for which we are not responsible shall invalidate any delivery times originally quoted. The buyer shall comply with export control laws with respect to the use of our products. In particular, he shall not use our products for nuclear or weapons of mass destruction-related purposes or for military purposes in weapons embargoed countries. Further, the buyer shall not supply our products to third parties who intend to use them for nuclear or weapons of mass destruction-related purposes or for military purposes in a weapons embargoed country. The Buyer shall indemnify and hold us harmless from and against any actions and claims arising out of non-compliance with his obligations provided here and the buyer shall compensate us for any damages, losses and expenses resulting thereof.

General Warranty and Liability
We, Wainwright Instruments GmbH, in Andechs, Germany, guarantee, to the original buyer, that products manufactured by us are free from defects in material and workmanship, and that they perform to our published or quoted specifications. Our sole responsibility, in case of such defects, is to repair, replace or refund, at our option, any products returned to us, freight paid, and verified by us to be defective. We assume no liability for defects resulting from improper use, operation above rated capacities, or misapplication of equipment. This warranty is null and void in the case that products have been disassembled, modified, abused, or repaired by anyone other than factory authorized personnel. No other warranty is expressed or implied. In no case do we assume liability for installation, labor or consequential damages of any kind, including and not limited to loss of profit, promotional or manufacturing expenses, overhead, injury to reputation or loss of customers. No claim shall exceed the purchase price for the products, irrespective of the nature of the claim. This warranty is granted for one year from date of shipment. Warranty returns must first be authorized by our sales office and must be pre-paid.

Warranty and Liability Exceptions

Filters for high power handling: A special situation exists in regard to filters to be exposed to RF power. No definite specifications on power handling have been established, since this depends on operating conditions. Also, we do not have the power sources necessary for power testing. The guarantee for such filters is limited to damage to the filter and does not extend to damaged equipment or any other damage, loss of time, etc. The customer must make sure that all necessary safety precautions are taken. Any filter that is damaged by exposure to the power level listed in the quotation or data sheet will be repaired or replaced free of charge. Such filters should be returned to us freight-paid and with the correct export procedure, assuring that no additional customs duty will be charged – neither when re-entering Germany, nor when it is returned to the country of the customer. The filter should be accompanied by a description of the operating conditions and test set-up which led to the failure of the filter.

Coaxial Cables: As a consumable good, where the level of wear and tear is highly dependent on its usage and varies greatly from user to user, Wainwright warrants that the cables will be free from defects in materials and workmanship and comply with the product specifications for a period of 30 days under proper and normal use as of the delivery date. The customer shall inspect the cables at its own facilities and shall make any claims within this time period.