1.scope of application
These Terms and Conditions of Sale shall apply exclusively to companies, legal entities under public law within the meaning of Section 10 (1) of the German Civil Code (BGB). We shall only recognize terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale if we expressly agree to their validity in writing.
2. prices and payment
Unless otherwise agreed in writing, our prices are ex works, plus value added tax at the applicable rate.
Payment of the purchase price shall be made exclusively to the account specified in the invoice. The deduction of a discount is only permissible with a special written agreement.
Unless otherwise agreed, the purchase price shall be paid within 10 days of receipt of the goods.
Interest on arrears shall be charged at a rate of 8% above the respective prime rate p.a.. We reserve the right to assert a higher damage caused by default.
For new customers, delivery will only be made against advance payment.
3.transfer of risk in case of shipment
If the ordered goods are shipped to the customer, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest upon leaving our factory/warehouse. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.
4.Retention of title
We retain title to the delivered goods until all claims arising from the delivery contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this. We shall be entitled to take back the object of sale if the customer acts in breach of contract.
5.Warranty and notice of defects
Warranty rights of the purchaser presuppose that he has duly fulfilled his obligations to inspect the goods and to give notice of defects in accordance with §377 HGB (German Commercial Code).
Claims for defects shall become statute-barred 12 months after delivery of the goods supplied by us, unless longer periods are prescribed by law. Our consent must be obtained prior to any return of the goods.
Claims for defects do not exist in the case of wear and tear, faulty and/or negligent handling.
6.miscellaneous
This contract and the entire legal relationship between the parties are subject to the laws of the Federal Republic of Germany.
Should individual provisions of this contract be invalid, the remaining provisions shall remain unaffected.
Place of performance and exclusive place of jurisdiction and for all disputes arising from this contract is the registered office of EUROCON.