GENERAL TERMS AND CONDITIONS
esm Erodier-Service-Müller GmbH
Karl-Hermann-Flach-Str. 27
61440 Oberursel/ Ts.
Managing Director: Peter W. Müller
Commercial register number: 31 95
Register court: Königstein
Sales tax identification number:
DE114146975
1. agreement in principle
1.a Our delivery conditions are based exclusively on these general terms and conditions. These are an agreed component of all contracts concluded with us. They shall also apply if they are not expressly included again.
1.b Changes or deviations as well as collateral agreements do not exist and require our express written consent in order to be valid.
2. offers
2.a Our offers are always subject to confirmation and valid for 30 days. Indicative price offers are marked separately.
3. liability
3.a For all workpieces handed over to us for processing, we shall be liable for processing or transport damage only in the event of proven fault on our part.
4. delivery periods, delay, impossibilities
4.a The delivery period shall commence on the date contained in the order confirmation, but not before all contractual provisions have been clarified. It ends on the date of dispatch or delivery by us, unless fixed delivery dates have been promised.
4.b All delivery dates are non-binding, unless a written order confirmation contains an assurance of the date.
4.c If a binding delivery period is exceeded by more than two weeks, the buyer shall be entitled to withdraw from the contract after expiry of a grace period of one week. The grace period must be set in writing.
4.d If we are culpably in default, the period of grace to be granted to us must be notified in writing and must amount to one week. Claims for damages are excluded.
4.e If circumstances for which we are not responsible make the execution of accepted orders more difficult, delayed or impossible, we shall be entitled to postpone the contractual performance for the duration of the hindrance or to withdraw from the contract in whole or in part. These circumstances for which we are not responsible include in particular official measures, traffic obstructions, strikes, shortages of raw materials and operating supplies, disruptions of operations at our suppliers for which we are not responsible, etc., which are beyond our control. If a binding delivery period is exceeded by more than two weeks, the buyer shall be entitled to withdraw from the contract after expiry of a grace period of one week. The period of grace must be granted in writing.
4.f The same legal consequences shall apply in accordance with impossibilities for which we are responsible.
5. dispatch/collection or delivery
5.a The dispatch takes place on calculation and danger of the buyer.
5.b Collection and delivery of workpieces and their transport by our vehicles shall be at the risk of the customer. We shall only be liable for transport damage occurring in this case in the event of our own proven fault.
6. transfer of risk
6.a The risk shall pass to the buyer or customer as soon as the goods or workpieces have left our business premises.
7. prices
7.a The prices are net prices, plus value added tax ex works, excluding packaging and shipping costs.
8. delivery note
8.a The person signing the delivery note upon delivery of the goods or the workpieces shall be deemed to be authorized by us to accept the goods and to confirm receipt.
9. liability for defects
9.a Defects are to be reported immediately by the client. Notification of defects must always be made in writing. Notifications of defects made orally or by telephone require our written confirmation of receipt in order to be effective.
9.b Non-obvious defects and non-obvious wrong deliveries are to be notified immediately after they become visible, but at the latest within one week of delivery. The goods shall be deemed to have been approved if the complaint is not made in due form and/or time. Warranty claims expire at the latest one month after rejection of the notice of defect by us.
9.c For all accepted orders we assume no liability for damages caused by delay of the cut parts, cracks, hardness defects, blowholes or material damage.
9.d Corresponding material allowances are necessary for a perfect processing result. If these allowances are not met, we do not guarantee the quality of the parts to be machined.
9.e In the case of justified notices of defects, rectification of defects or replacement delivery shall be made within the scope of our performance at the most. Any claim for damages of any kind whatsoever shall be excluded. Further claims cannot be asserted.
10. payments
10.a Payable within 14 days after receipt of the invoice without any deduction. After expiry of the period, default shall automatically occur.
10.b We are entitled at any time to demand immediate payment or securities for goods or work pieces already delivered or to withdraw from the contract if, in our opinion, the buyer's economic situation gives cause to do so.
11. performance agreement, right of retention, offsetting
11.a The customer has the right to refuse performance.
11.b The customer is not entitled to a right of retention.
11.c The customer is entitled to a right to refuse performance in the event that the counterclaim is undisputed or has been legally established.
12. retention of title
12.a In the case of trading goods or new goods delivered by us, we reserve title to the delivered goods until full payment of the purchase price including invoiced value-added tax has been made and until all claims against the purchaser existing at the time of delivery or arising at a later date have been settled in the case of cheques or bills of exchange until the amount evidenced by them has been received.
13. miscellaneous
13.a All transactions with us are based on these terms and conditions and shall be deemed accepted by the customer even if other terms and conditions are specified in the order forms.
14. place of jurisdiction
14.a Place of performance and jurisdiction for both parties is Königstein im Taunus.
Status: 1.1.2019