General Business Terms

 

 

General

The following General Business Terms, refferd to as GBTs henceforth, form part of every offer, every confirmation of order and all business relationships between us and the buyer, even if acknowledge, do not form part of the contract unless these GBTs have been confirmed in writing by us.

 

Offers / conclusion of the contract / changes of products

Our offers take place exclusively in written form. As far as no data are contained regarding the offer validity, these are valid for 7 days. Orders can give us in written form, by internet, by telephone or fax. After receipt of your order we send you an order confirmation. Please control these attentively and inform us immediately of any variances to your order. Otherwise you have the risk that the regulations of the order confirmation are regarded as contract-determining. We reserve ourselves to change products at any time as far as the changed products exhibit equivalent functionality and achievement.

 

Payment

Our prices are ex-works, Crailsheim, excluding packaging, taxes and customs duty. The buyer commits himself to payment either within 8 days with 2% discount or within 14 days on receipt of the goods. We allow 2% discount with payment in advance or on delivery. This does not apply if a net price is agreed. For new customers and/or export orders we reserve the right to ask for payment in advance.

 

The buyer has to transfer the payment at his own cost and risk to the seller. In default of payment we calculate interest of 8% above the current base rate level. We reserve the right to prove higher arrears and to charge accordingly.

 

The buyer is only entitled to offset charges if his objections have been legally confirmed or recognised by us. The right to withhold payment only exist if a counter-claim has been made about the same contractual relationship.

 

Dispatch and Packaging

Dispatch and packaging are carried out according to our best judgment and at the buyer´s cost and risk. The risk of casual loss or deterioration of the goods is passed on to the buyer at the handing over or dispatching moment of the carriage. This is also valid when the dispatch is carried out from a different point from the place where the contract is to be fulfilled.

 

Exchange and Right to Return

The products supplied by us are excluded from the conversion, since they are customized made.

 

Reservation of proprietary rights

We reserved the right of proprietary rights of all goods deliverd by us until all conditions of the current business contract are fulfilled. During this period of reservation of proprietary rights the buyer is obliged to handle the goods with care and to make good any damage caused. If the buyer´s behaviour is in breach of contract, with especial reference to payment arrears, we have the right to repossess the goods. This does not, however, signalise withdrawal from the contract unless we have expressly mentioned this. On re-possession we have the authority to make use of the goods, the resultant sale proceeds then being calculated agains the contractual abligations of the buyer minus appropriate re-utilisation costs. The buyer must inform us immediately in writing if the goods are seized by sell the goods in the course of normal business activity.

However he assigns to us all claims from the re-sale arise from onward disposal to his purchaser or any third party, regardless of whether the goods have been sold with or without further processing.

We accept the assignment. We reserve the right to make the claim ourselves as soon as the buyer does not complete his payment obligations in the prescribed manner and is in payment arrears. Should the goods be mixed with components which cannot be separated out and which do not belong to us, we acquire the co-ownership of the new parts in relationship to the value of the goods delivered by us. The pawning or using as a security of reserved goods or assigned claims is not permitted.

 

 

 

 

 

Delivery period

The delivery period begins with the date of our confirmation of order and after the clarification of all details, nevertheless not before the provision by the buyer of all required papers, including any permission or release documents as well as the receipt of an agreed deposit. It is extended by an appropriate period of time in the case of unforeseen events (Acts of God), strikes and lockouts which are beyond our control. This is also valid when these circumstances arise with our suppliers. With non-adherence to this delivery period we deliver after an appropriate extension. If the dispatch is delayed at the wish of the buyer we calculate storage and capital costs at the rate of 1% of the invoice amount for each started month.

 

Warranty

The machines are subject to a warranty period of maximum 24 months after the delivery date.

Working parts are not subject to the warranty period.

Damages which arise through vandalism, accident, improper use or insufficient supervision and maintenance discharge of any warranty claims.

Defects which only arise just after delivery of the goods are also not subject to the warranty.

A warranty for built-in parts of other parties  in EDT products can only be complied after explicit clarification of the matter and after approval of the respective manufacturer within the bounds of his guarantee and warranty period.
For merchandises, the corresponding warranty period of the manufacturer is valid.

 

Limitation of Liability

Our liability and that or our assosciates for minor negligent breaches of duty is limited to foreseeable, typical contractual, direct standard damages. We and our associates are not liable for minor negligent breaches of duty which do not endanger the fulfilment of the contract. The above-mentioned limitation of limitation of liability does not infringe the rights of the customer to product liability or guarantee. Furthermore the limitation of liability does not apply to physical and health damage or loss of life of the buyer caused by us.

 

Final Clauses

The law of the Federal Republic of Germany applies. The conditions of the UN Sales Treaty do not apply. The only court of jurisdiction for contractual disputes is in Crailsheim. The above is also valid when the buyer has no general court of jurisdiction on Germany or its establishment is not known at the time of the institution of proceedings.

 

 

 

Should individual conditions of the contract with the buyer including the GBTs be or become partially inoperative, the validity of the remaining conditions is not affected. The entire or partial inoperative arrangement should be replaced by one whose economic success is as close to the inoperative one as possible.

 

The contract language is German or English.

 

Crailsheim, 24.09.2010