General terms of delivery and payment of EVEK GmbH
Business relationship with us is always governed by the following terms. By entering into a sales contract or placing an order, the buyer acknowledges the effectiveness of the following provisions and declares his consent to them. Our terms and conditions apply to all current and future business transactions between us and the buyer. Deviations from the terms of purchase or counter-confirmation that we do not expressly acknowledge in writing are not binding on us. They do not become part of the contract because of our silence or our delivery.
II. Offer and contract conclusion
1. Our proposals, whether written, oral or sent via the Internet, are always subject to change and are not binding; We reserve the right to intermediate sale of the offered goods and services until the conclusion of the final contract. No performance claims can be made from this.
2. We are not obliged to verify the correctness of information and documents provided to us by the buyer or third parties. By accepting our order confirmation, the buyer assumes responsibility for the correctness of his order and is fully bound by its content.
3. Contracts will only be concluded if we have accepted orders received in writing, confirmed statements of acceptance that we received in writing, or have delivered or provided delivery items or services ordered by a customer. This applies accordingly to additions or changes to contracts. The written form requirement is also met when submitting declarations by fax or email.
4. When selling imported goods, the contract is concluded with the proviso that we are provided with all the necessary export or import licenses. If we do not obtain the appropriate permissions, we are not bound by a contract.
III. Shipping cost and weight
1. Unless otherwise stated, all prices are flat net prices in Euros ex stock in Mülheim an der Ruhr, excluding packaging and transport, and statutory VAT.
2. Import duties and government taxes, which are introduced or increased in accordance with the law after the day of the conclusion of the contract, shall be borne by the buyer.
3. The decisive factor in calculating prices is the original weight of the goods, which is determined by us or our agent at the point of departure.
4. If the purchase price is expressed in a currency other than the euro, payment may nevertheless be made in euros, unless payment in another currency has been specifically agreed. The exchange rate valid at the time of payment at the place of payment is decisive for the conversion of the purchase price.
IV. Delivery and delivery times
1. Delivery times begin on the date of the contract in accordance with Section 2. Delivery times confirmed by us are subject to change and are not binding. They apply to delivery from the manufacturer's warehouse or from the warehouse in Mülheim an der Ruhr. Compliance with the delivery deadline requires the timely receipt of all documents, documents, materials and permits that must be provided by the buyer, compliance with the agreed payment terms and other obligations, and accordingly extended in the event of delays.
2. If performance is temporarily impossible or difficult for us due to force majeure or other extraordinary circumstances not through our fault, the agreed performance period is extended for the duration of this obstacle to performance; the same applies to the deadline or grace period set by the buyer for the service. Prior to the expiration of the extended service period, the buyer has no right to withdraw from the contract or claim damages. If the impediment to performance lasts more than 2 months, both the buyer and we have the right to withdraw from the contract if it has not been fulfilled. If the buyer is contractually entitled to withdraw from the transaction without establishing a grace period, this right remains unchanged. Force majeure circumstances include, inter alia, natural disasters, war, conditions of war, import and export bans and blockades. Other emergencies not caused by our own circumstances are, inter alia, transport disruptions, operational disruptions, shortages of raw materials and supplies, labor disputes, and epidemic control measures, even if they occur at our suppliers. We will notify the buyer of the beginning and end of such obstacles.
3. If the buyer fails to pay for the earlier delivery, we are entitled to suspend delivery without being obligated to compensate for any damage that may arise. If the buyer exceeds their credit limit with us, we are also released from our obligation to deliver without damage.
4. We are entitled to partial deliveries and services.
V. Place of performance and transfer of risk / shipment
1. The place of performance for deliveries and services is Mülheim an der Ruhr.
2. If the contract is based on International Commercial Terms (INCOTERMS) and nothing else is agreed, INCOTERMS 2000 applies.
3. Dispatch of goods is in principle at the buyer's responsibility. If we are not given specific shipping instructions until we are ready to ship, we, as the buyer's agent, will determine the type and route of transportation.
4. The risk passes to the buyer no later than the moment the goods are loaded onto the vehicle; in the event that free delivery has been agreed, the transfer of risk occurs after notification of readiness for dispatch, even if delivery is delayed at the buyer's request. This also applies to partial supplies and services.
5. If shipment or delivery is delayed at the request of the purchaser, a storage fee of ½ percent may be incurred starting one month after notification of readiness for shipment. the invoice amount for each started month will be charged to the buyer; storage fee is set at 5 percent. limited if higher costs are not proven. The buyer has the right to provide evidence that we have actually suffered less damage.
1. The purchaser must inspect the delivery and service received immediately upon arrival for quantity, condition and guaranteed properties and immediately notify us of any defects found. If the eight (8) days after receipt expires without complaint, the delivery is deemed to be free from defects and has been approved in accordance with the contract. If the goods are consumed, mixed or sold by the buyer, this is considered an unconditional confirmation of the correctness of the goods supplied. Unrecognizable defects are considered confirmed if they were not reported immediately after their discovery, but not later than three months after delivery of the goods.
2. Slight dimensional deviations within the specifications used are permissible and do not constitute a defect.
3. The buyer cannot obtain any warranty rights or claims for damage due to defects or damage caused by improper or misuse, improper assembly or commissioning by the buyer or third parties, normal wear and tear, improper or negligent handling, unsuitable operating resources or defective construction work.
4. If the product is defective and is not considered approved, the purchaser may initially only request additional performance. This is done at our discretion by repairing or delivering new goods without defects, unless the type of additional characteristics is clearly unsuitable or unreasonable for the buyer for special reasons. The time period set by the buyer for the subsequent execution is only appropriate if it is at least four weeks. The deadline must be set in writing.
5. If the revision is unsuccessful or we refuse to revise, the buyer can withdraw from the contract in accordance with the legal regulations due to a defect existing at the time of transfer of risk, reduce the purchase price or - in accordance with the additional requirements of clause VIII below - demand compensation.
6. The limitation period for all rights of the purchaser in connection with a defect in the delivered goods is one year, unless a longer or shorter period is specified in the order. This does not apply to cases of intent or claims for damages resulting from injury to life, limbs or health.
7. In the event of a mistakenly returned product, the buyer should reimburse us for the reasonable inspection and return costs.
Vii. A responsibility
1. We are fully responsible for willful or grossly negligent violation of our duties, as well as for damage caused as a result of injury to life, limb or health in accordance with the provisions of the law. Otherwise, we are only liable if the breached contractual obligation is essential to the achievement of the purpose of the contract and is limited only to the amount of normally foreseeable damage.
2. Our liability is excluded for damage caused by the goods supplied by us to other property of the purchaser, (ii) for such damage to products manufactured by the purchaser, or products for which the purchaser's manufactured products form a part, (iii) and also for damage to third parties caused by equipment the seller as part of a product manufactured by the buyer. In no event will we be liable for consequential damage, loss of profits or any other indirect damage to assets.
3. This limitation of liability applies accordingly to claims for damages other than contractual ones, in particular to tort claims, excluding claims under the Product Liability Act, and to our employees, workers, employees, representatives and alternate agents ...
VIII. Retention of title and extended right of retention
1. Our deliveries are made solely with the reservation of title. Ownership is transferred to the buyer only after he has fulfilled all of his obligations under our business relationship. This also applies if the purchase price for certain deliveries of goods specified by the purchaser has been paid.
2. In the case of a checking account, the reserved property is used as collateral for our balance claim. The processing or processing of the goods delivered by us, which are still our property, is always carried out on our behalf without any obligation to us. If the goods we supply are mixed or combined with other goods, the buyer hereby transfers to us his ownership or joint ownership of the mixed inventory or new product in a proportion corresponding to the invoice value of our reserved goods and stores them with commercial care. for us. The buyer has the right to sell or use the supplied goods in the ordinary course of business. Pledge or assignment of pledge is prohibited. The buyer must immediately notify us of any arrest or any other infringement of our rights by third parties.
3. If the buyer sells the goods supplied by us - regardless of condition, separately or with other goods - he hereby already applies the claims arising from the sale to his customers with all additional rights until all our claims are fully settled. within the amount of the invoice value of our reserved items. Upon our request, the buyer is obliged to notify the subcontractors of the assignment and provide us with the information and documents necessary to assert our rights against the subcontractors. He is not allowed to enter into any contractual agreements with his clients that limit our rights. If the value of the security provided to us exceeds our delivery requirements by more than 20% in total, we are obliged to re-translate at the buyer's request. The buyer has the right to collect assigned claims. However, we have the right to revoke this permission at any time.
4. We are entitled to contractual retention of the object of the order in connection with a claim arising from the order. If we exercise our right to sell items that have come into our possession as collateral, written notice to the last known address of the buyer will be sufficient to threaten a sale as collateral, as a new address cannot be determined based on information from the resident registration office.
IX. Terms of payment
1. All payments due must be made immediately upon receipt of the invoice, without any deduction, unless otherwise agreed. Due to special payment terms or new customers, we reserve the right to ship deliveries only after prepayment.
2. Delivery by invoice is possible only after a written order with a full mailing address and telephone number to the address of our company or by fax - in each case with a valid signature of the buyer.
3. The buyer can claim the right of retention only if it is based on the same contractual relationship. It is only eligible for offset if we have accepted the counterclaim or if it has been legally established. Payments to employees or agents are only valid with a power of attorney to receive payments.
4. If, after the conclusion of the contract, circumstances become known that give rise to serious doubts about the buyer's solvency (for example, non-payment of payment, late redemption of bills of exchange / checks), we are entitled to provide the delivery and services entrusted to us, as long as the buyer does not will provide a refund. to refuse.
5. If the buyer is in arrears in paying the invoice, all his obligations are due immediately. Failure to pay occurs when claims are due for payment without the need for a default notification (reminder).
X. Place of jurisdiction and legal force
1. The place of jurisdiction and fulfillment of all requirements of the contractual relationship is Mülheim an der Ruhr.
2. The law of the Federal Republic of Germany applies. Application of the United Nations Convention on the International Sale of Goods (CISG) is excluded.
3. We reserve the right to defend claims arising from the business relationship with credit insurance and provide the insurer with the necessary customer data.
4. If any of these conditions - for any reason - do not apply, this will not affect the effectiveness of the remaining conditions.
Mülheim an der Ruhr, Stand: 10/19/2020
45478 Mülheim an der Ruhr Germany