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Terms and Conditions

1. Business Relations between our customers and us comply with the following terms and conditions which are also for future agreements explicit declared. Changes and additions of this terms and conditions are made in writing. Other terms and conditions especially also purchasing specifications of our customers aren’t object of agreement, also if we aren’t explicit answered back it. Unless there is an agreement made in writing which is special for this individual case. 

2. All quotations and calculations are without engagement. The contract first takes place with our order acceptance (confirmation). Terminal the Content of the written confirmation regulates the contractual relation. Not included supplements aren’t content of the contract. Refuse the buyer right less to achieve the contract will be compiled a damage allowance in the amount of 20 percent unless the buyer can’t prove that the originated damage is lower as the allowance. The assertion of an actual higher damage isn’t suspended.

3. The payment (net price plus goods and services tax) is, if not fixed written otherwise, in the space of 10 days after billing date with 2 percent allowance or in the space of 30 days simple net to pay. From the date of expiry we are allowed to charge debit interests which are customary in banking but at least 5 percent. In case of a default we also charge debit interests which are customary in banking unless the buyer can’t prove that the originated damage is lower as the allowance. In case of a default the buyer is in debt for the agreed due date interest. The assertion of an actual higher damage isn’t suspended. Accept of exchange and checks will always be accepted only on account of payment and subject to all costs and cash discount deductions. No warranty for on time and proper presentation or protest. Before you pay old and due bills of earlier consignments we don’t grant allowance of new bills. In case the customer owes several payments at the same time, and provided that the customer has not determined redemption terms, at first the due dept, amongst several due depts. The each oldest debt shall be paid off. The rights of retention or charging with counter claims are forbidden as far as the rights of retention aren’t beyond dispute or legally established. With the acceptance of the order the credit worthiness will be assumed. If the purchaser is overdue with the payment of a due commitment, then every open payment will be fee becomes due in full immediately and we can charge cash before delivery. Should we later gain knowledge of an essential deterioration in the assets of the customer or is it later found that the financial circumstances at the time the contract is concluded were far worse, we are entitled to demand cash before delivery.

4. Delivery/Accountability
Delivery dates indicated with the order confirmation are approximates. We are at any time entitled to partial shipments and partial performances. Unpredictable circumstances for which we are not responsible, such as force majeure, import and export prohibitions, strikes, delays in delivery of main raw materials or similar circumstances will extend the delivery time by the period of the impairment.
Where it is expected that the delivery delay will last more than two months, both parties have the right to withdraw from the agreement. There are no rights for compensation out of the delivery delay or even out of the right to withdraw from the agreement. We cannot be held responsible for the above-mentioned circumstances even if they arise during a period of delay.
In major cases, we will inform the buyer as soon as possible of the start and end of such adverse circumstances.
If the customer grants us an adequate extension, which has to be at least four weeks, under warning of refusal when we already are in delay in delivery, he shall have the right to rescind from the agreement if the period of extension has elapsed fruitlessly. The client is only entitled to compensation claims for damages due to delay and nonfulfillment, if the delivery is delayed due to the gross negligence of the contractor, one of its organs or one of our executive staff. The same shall apply in the event of any impossibility of performance for which we can be held responsible.
Should an issue of liability arise nevertheless, then any damages shall be limited to the value of the goods. There is no duty of replacement because of a direct or indirect damage.

5. Proprietary-Reservation
We retain title in all goods we delivered until all our outstanding and arising claims are fully paid. The good remains until payment of all receivables towards the purchaser of the business relation, including auxiliary receivables, claims for damages and payment of checks and bills of exchange, the property of the seller. The aforesaid shall apply also if individual or all claims were included in a current invoice and the statement was issued and accepted.
The purchaser isn’t permitted to pledge or to assign them by the way of security reserved goods (also goods which are because of connection, mixing or processing our co-ownership). In the case of important contractual obligations being violated, in particular, the buyer being in arrears with payment, the seller, following a prior written reminder, is entitled to take back the retained goods and the buyer will be obliged to surrender possession. Our reclaiming and attachment of the goods are not a declaration of withdrawal from the contract; withdrawal is only applicable if expressly written by us.
The client must notify us without delay of any pledges and other pending interference with our rights by third parties including detailed circumstances to facilitate an intervention. The purchaser is entitled to process and sell the reserved goods provided that he observes the following provisions:

a) Processing of the goods we retained title to is carried out for us according to § 960 BGB, whereby we will be deemed manufacturer in the sense of § 950 BGB. If the goods are processed together with goods or objects not owned by us, we shall acquire the coownership of the new corporeal thing at the ratio existing between the values of the goods supplied by us and the value of the other goods at the time of processing. The same applies in case of the coownership because of connection or mixing our goods with other goods, although if another good is seen as the main good. The new goods which arise because of the processing, mixing or connecting are seen as reserved goods in the way of these conditions.

b) The buyer’s claims arising from a resale of the reserved goods are hereby assigned to us. We herewith accept such assignment. At the re-sale of our goods under reservation together with other goods in a processed or non-processed state, the claims are regarded as ceded only up to the amount of its value in the invoice as it was supplied by us or one of our suppliers.
The seller is entitled to hold the amounts to which we are entitled from assigned claims for goods delivered and which the customer received in trust for us. The collection authorization may be revoked if the purchaser fails to duly meet its payment obligations.
In case of a stoppage of payments, application for or commencement of bankruptcy proceedings, a court composition or conciliation procedure or other forfeiture of assets by the client we can further demand that the client discloses to us the assigned claims and their debtors, provides all necessary information for collecting the claims, surrenders the corresponding documentation and notifies the debtors of the assignment. Further, in such a case the client already authorizes us to notify the customers of this advance assignment.
We accept the duty to hand out the securities given to us according to our choice and on demand of the buyer in so far as the value of the securities exceeds other claims against the customer by more than 20 %.

6. Minor modifications or discrepancies of quality, color, size or quantity do not entitle to a claim.
We are only liable for the suitability of our goods for specific purposes if we have expressly given an assurance of this quality.
We accept no responsibility for services and in particular for the advices we give to the buyer regarding use of the goods.
If we discuss the material composition, the construction etc. with the buyer and if he allows them, so we only guarantee for the adequate processing correspond to these agreements.
Due to specific production requirements for items made to order, we reserve ourselves the right to increase or reduce the delivery volume by 10 % of the order volume.
The buyer is allowed to notify the seller of such defects, inasmuch as a careful and correct inspection of the goods shows the, within at least eight days after delivery of the goods at the place of destination.
In case of other defects, the advertisement is to notified within eight days, at least after three months after delivery of the goods at the place of destination.
Notices of defects have to be in writing to be effective.  Defects of a part of the delivered goods shall not give rise to a right to reject the whole deliver unless the partial delivery is not of interest for the customer.
In the case of delayed, refrained or imperfect elimination of defects, the buyer shall have the right to demand reduction of the remuneration (abatement) or cancellation of the contract (recession). If the buyer asking for abatement or recession in writing, we have the right, within ten days after the entrance of the demand, to explain that we grant a replacement or a repair.
If the repair or replacement fails after a reasonable period of time, the customer is entitled to choose reduction of the purchase price or cancelation of contract. Goods which are the object of complaint may not be attacked. With any complaint we are entitled to the right to inspect and examine the goods that have been rejected.

7. Accountability
We are liable in accordance, whatever legal reason, only for culpable behavior of the seller itself, our organs as well as our executive employees. Liability for minor negligence or for any fault by vicarious agents is precluded.
In such cases the claim for damages is limited to replacing the conceivable damage which would have been incurred at the time the agreement was concluded.
The compensation of consequential damages and of damages which arise after an assembly of our goods in conjunction with goods from other sources, is impossible.

8. Proprietary Rights & Copyrights
In case of the execution of an order pursuant to the customer’s specifications and instructions we don’t have do proof the proprietary rights of third parties. The customer is responsible for ensuring that industrial property rights of third parties are protected and he shall indemnify us against all third party claims arising from the infringement of such third party rights. We retain the copyrights and tights of reproduction to our own sketches, drafts originals, data and writing information as well as any similar objects in each and any procedure and for each and any purpose unless explicitly regulated otherwise. Reprinting and duplication, even as excerpts, are forbidden and only permitted with our prior written consent and with reference to the source.

9. Mold and tool making
Any tools, molds and facilities paid by costumer shall become the property of the customers.
If the customer paid an amount of costs for tools, molds and facilities, those things only can become the property of the customer if he pays the whole costs.
In case of storing molds, tools, etc. we shall assume liability only to the extent of the care we usually employ in our own affairs. We aren’t liable to insure the goods. Two years after the tools and molds were used for the last time we are entitled to destroy them.
Furthermore, there will be a separate loan tool agreement which regulate the privity in contract separately.

10. Shipment
If the customer requests delivery, this shall be charged to the customer and be at the risk of the same (this also applies to carriage-paid deliveries). The way of shipment is our internal business.

11. Place of performance and jurisdiction
If the seller is a merchants as defined by the German Commercial Code (Handelgesetzbuch, HGB), then the place of performance and jurisdiction for all disputes arising from the contract, including all bill enforcement and summary proceedings, shall be the registered office of the agent.

12. Applicable Law
It applies German rights.
The use of the laws of 17.03.1973 concerning international purchase of mobile things as well as the conclusion of international sales contracts over mobile things is impossible.
Customary commercial clauses shall be interpreted on the basis of the current Incoterms.

13. If a provision of the agreement or these general terms and conditions becomes ineffective, the remaining provisions of the agreement and these general terms and conditions will remain in full force and effect.

 
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E&H DESIGN Kunststoffverarbeitungs GmbH
Hinter dem Turm 29 A
D-55286 Wörrstadt
Germany

Telefon: 0049 6732 / 9326 - 0
Telefax: 0049 6732 / 9326 - 11

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PSI
Unsere PSI-Nr.: 47632