EAB Reinhausen GmbH
General terms and conditions
Valid from 01.05.2018
Unless otherwise agreed with us in writing, the following terms and conditions apply to all business transactions as legally binding by the buyer.
Our offers are always non-binding. Orders are considered accepted only if they are confirmed by us in writing. Subsequent changes or additions are only legally effective if they are confirmed by us in writing. Decisive for the scope of delivery and this is our written order confirmation.
Orders with fixed dates will only be accepted if they have been expressly confirmed by us. Delivery times specified by us are to be regarded as approximate dates; they begin with the day the order is accepted or clarification of the technical queries. Non-compliance with the delivery time does not entitle the purchaser to withdraw from the contract. Claims for damages are excluded in any case. If unforeseen events occur, regardless of whether we or our subcontractor, the specified delivery times are extended. Extraordinary events over which we have no influence extend the delivery times accordingly. In this case, we also have the right to withdraw from the contract. Any claims for damages are also excluded.
All prices are quoted in Euro ex works excluding packaging as the price of goods exclusive of VAT. The prices correspond to our current cost situation. If cost changes occur up to the delivery day, an adjustment of the prices, also for a present business, is reserved. In case of subsequent introduction or increase of public duties — for example from taxes — concerning the goods or their dispatch, we are entitled to charge these to the buyer.
A user manual will be attached to the program for each instrument series for free. Upon request, up to two additional instruction manuals per device series will be included in the shipment free of charge for each order. Three dimensional drawings, wiring and / or connection diagrams as well as parts lists are supplied free of charge upon request. Any additional quantities will be charged at cost.
Our invoices are payable net within 30 days of the date of invoice without any deductions. Payments are always used to settle the oldest invoice amounts due. Bills of exchange and checks are only accepted for payment. Change only after special agreement. Discount and expenses are charged to the buyer and are to be refunded immediately. If bills of exchange or checks are protesting or if other circumstances become known which give rise to doubts about the buyer’s ability to pay, all our invoices and bills of exchange are due for payment immediately. Alternatively, we can withdraw from the purchase contract and demand immediate, free of charge return of the delivered goods, or demand security.
If the target is exceeded, interest is calculated according to the respective bank rates for short-term loans. For orders from Euro 15.000, — 1/3 of the amount is on order, 1/3 for readiness for dispatch and 1/3 is due 30 days after delivery without separate invoice.
The packaging will be calculated separately. Crates are credited with 2/3 of the calculated value, provided that the return is free and at no cost to us and the crates arrive in good, serviceable condition.
Transfer of risk and shipment
The risk is transferred to the purchaser with the written notification of readiness for shipment, however at the latest when the delivery leaves the factory. We will not be liable for any damage or loss suffered by the delivery on the transport, even if the transport is carried out by our staff. If shipping instructions are not given in a timely manner, shipment will be made by us at our discretion without responsibility for the cheapest calculation. We are entitled, but not obliged, to insure the shipment at the expense of the customer. We do not take any responsibility for delays on the transport route. If shipping is delayed without our fault, storage takes place at the risk and expense of the customer.
Rights of the buyer due to defects and liability of the seller
We take over warranty for the devices manufactured by us, if the orderer did not undertake changes and repair work for the duration of 2 years, counting from the day of the delivery subject to the proviso that, as a result of faulty or recognizably unsuitable material or faulty design, we repair or replace parts that have become unusable or defective after free return, free of charge at our own discretion.
If service personnel are requested to repair the damage on customer request, travel and travel costs will be charged. Compensation for breakdowns, dismantling or installation or for any other reason will not be provided. A right to eliminate any deficiencies without our consent at our own expense or by third parties or to derive claims for price reduction from this, the orderer is not entitled to. We will not be liable for damages resulting from improper handling, unsuitable working materials or the like. Natural wear is excluded from the warranty.
For repair work and spare parts, we are liable to the same extent as for the original delivery item, and only until expiry of the warranty period applicable to the original apparatus. We only provide the warranty for the resistance of the prior art material when the apparatuses are used for the purpose for which they are delivered. All other uses exclude the warranty if used without our specific consent. We reserve the right to change the illustrations, dimensional drawings, technical data and other information contained in our documents.
A conformity of the execution of the ordered parts with earlier deliveries is only guaranteed by us if this has been expressly agreed and confirmed in writing by us.
In the case of delivery of third-party products, electric motors, switching devices, etc., only the conditions which the subcontractor concerned has accepted for us — in accordance with the conditions of the relevant economic group — shall apply. The warranty in all its parts presupposes the correct assembly according to our operating instructions, for the electrical parts the correct circuit and voltage and for the motors the correct speed and proper treatment of all parts.
If the repair or subsequent delivery by the seller fails after a reasonable period of time, the buyer may, at his discretion, demand a reduction of the remuneration or withdraw from the contract.
We do not assume any responsibility or liability for personal injury, material damage or breakdowns resulting from defects in our deliveries.
Claims for damages for personal injury, damage to property or breakdowns, which arise from defects in the delivery of the seller are, regardless of the nature of the breach of duty, including unauthorized acts, excluded, unless intentional or grossly negligent.
In case of breach of essential contractual obligations, the seller is liable for any negligence, but only up to the amount of the foreseeable damage. Claims for loss of profit, expenses saved, claims for damages by third parties as well as other indirect and consequential damages cannot be demanded, unless a quality feature guaranteed by the seller is intended to protect the buyer against such damage. Insofar as the liability of the seller is excluded or limited, this also applies to employees, employees, representatives and vicarious agents of the seller.
The assembly of the devices or systems is carried out by us on request according to our installation conditions.
Retention of title
The goods remain our property (in the sense of a prolonged, extended and group reservation) until full payment of all our claims and ancillary claims. In the current account, the reserved property is considered security for the balance of our claims. If the devices supplied by us are installed in other devices, the buyer hereby assigns his ownership rights to the new device. The buyer may sell the delivered equipment and the objects resulting from its processing in the proper business dealings. He assigns the claims due to him from the resale to us in full for our security. He is entitled to collect the assigned claims as long as he duly fulfills his obligations to us. At our request, the purchaser is obliged to disclose the assignment to its customers and to provide us with the information necessary for the assertion of our rights and to hand over documents. Pledging or transfer by way of security is prohibited. An attachment to the reserved property or any other impairment is to be reported to us immediately. Intervention costs are at the expense of the buyer.
Applicable law, jurisdiction, partial nullity
For these terms and conditions and the entire legal relationship between seller and buyer, the law of the Federal Republic of Germany. The provisions of the UN Sales Convention do not apply. As far as the buyer is a merchant, legal entity under public law or special fund under public law, Göttingen is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
Should a provision in these terms and conditions or a provision in the context of other agreements be or become ineffective, this shall not affect the validity of all other provisions or agreements.