1. These terms and conditions apply exclusively; they apply to all - current and future - business relationships with entrepreneurs, regardless of their legal form, with legal entities under public law and with legal special funds (customers).
2. Other and deviating additions and agreements, telephone and verbal agreements are only binding if they are confirmed by us in writing.
1. Our offers are always non-binding.
2. The information contained in the provided prospectuses, catalogues, advertising materials and other printed matter or in the documents belonging to the offer, such as in particular illustrations, descriptions, technical data and service descriptions, are non-binding as long as they are not confirmed by us in writing.
3. No liability is assumed for the correctness of technical data and other information in manufacturer brochures. We reserve the right to make technical changes as well as changes in shape, color and/or weight.
4. By ordering a product, the customer makes a binding declaration that they want to purchase the ordered product. We are entitled to accept the contract offer contained in the order within 2 weeks of receipt. Acceptance can be declared either in writing or by delivery to the customer.
5. The conclusion of the contract is subject to the correct and timely delivery to us by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular when a congruent hedging transaction is concluded with our supplier.
The customer will be informed immediately of any non-availability of the services. The consideration will be refunded immediately.
1. We reserve ownership of the delivered goods until all payments from the delivery contract have been settled in full.
2. The customer is obliged to treat the goods with care for the duration of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense.
3. The customer is obliged to notify us immediately of third-party access to the goods, for example in the event of a seizure, as well as any damage or destruction of the goods and to provide a copy of the seizure document. The customer must notify us immediately of any change in ownership of the goods, as well as his own company headquarters and/or change of residence.
4. During the existence of the retention of title, we are entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, in particular in the event of default in payment or in the event of a breach of an obligation in accordance with Sections 2 and 3 of this provision. Taking it back means withdrawing from the contract.
5. The customer is entitled to resell the goods in the ordinary course of business. He already assigns to us all claims in the amount of the invoice that accrue to him through the resale to a third party. We accept the assignment. After the assignment, the customer is further authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and defaults on payment. The same applies if the customer generally stops making payments or files for bankruptcy.In these cases, we are entitled to notification of the debtors, the assigned claims, all information required for the assertion, the delivery of the documents required for the assertion, and the customer notifying the debtors of the assignment. Irrespective of this, we are authorized to notify the debtor of the assignment on behalf of the customer.
6. The treatment and processing of the goods by the customer is always carried out in our name and on our behalf, without any costs arising for us. If processing takes place with items that do not belong to us, we shall acquire co-ownership of the new item in relation to the value of the goods delivered by us to the other processed items. This applies even if the goods are mixed with other items that do not belong to us.
7. In the event that the customer's claims are included in a current account in the event of resale, the customer hereby also assigns his claim on the current account against his customer to us. The assignment is in the amount of the resale price of the reserved goods, but at least in the amount that we have charged him for the resold reserved goods including VAT.
1. The purchase price offered is binding and is net Gilching.
2. All prices do not include the applicable VAT at the time of invoicing.
3. Unless another payment term is stated on the invoice, the customer is obliged to pay the purchase price free of charges and without deductions within 30 days of the invoice date, whereby we can also make the delivery dependent on immediate payment. After the payment period has expired, the customer is in default of payment. During the delay, the customer must pay interest on the debt at the statutory default interest rate. We reserve the right to prove and assert higher damage caused by delay to the customer.
4. The customer only has a right to offset if his counterclaims have been legally established or have been recognized by us. The customer can only exercise rights of retention if his counterclaim is based on the same contractual relationship.
5. All of our claims are due immediately and the granting of a payment term lapses if the payment term for a claim from an ongoing business relationship is not met.
6. Unforeseeable changes in customs duties, import and export fees as well as obligations triggered by the fulfillment entitle us to make corresponding price changes.
7. If, after the delivery has been made and the contractual relationship has ended properly, customs duties, import and export fees and other sovereign costs over which we have no influence are subsequently reassessed, we are entitled to make a reassessment within a period of 6 months from the legally binding subsequent assessment request the increase amount.
8. Items 6) and 7) relate to the fees for customs duties, levies, etc. included in the purchase price, which are essential business principles.
1. Delivery is ex warehouse and at the expense and risk of the customer. If delivery free domicile has been agreed, the transfer of risk is unaffected.
2. The risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, in the case of mail-order sales upon delivery of the goods to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.
3. If the customer is in default of acceptance, the risk of accidental loss or accidental deterioration of the purchased item is transferred to him from this point in time.
4. If the customer is in arrears with payment for an earlier delivery, we are entitled to withhold deliveries without being obliged to compensate for any damage incurred.
5. We are entitled to make partial deliveries and partial invoices that are reasonable for the customer.
6. In the case of returns, the risk only passes to us when the goods are handed over.
Delivery dates are only binding if they have been confirmed in writing without reservation. Even then, they are not considered a fixed transaction.Force majeure, strikes, measures and other unforeseeable obstacles that we cannot avert despite the care that is reasonable under the circumstances - regardless of whether they occurred in our company or at a supplier - such as operational disruptions, official intervention, delays in the delivery of goods and components, others Incorrect or untimely self-delivery releases us from our delivery obligation for the duration of its effects and in the event of impossibility.If delivery subsequently becomes impossible or unreasonable as a result of the aforementioned events, we are entitled to withdraw from the contract.
1. The customer's warranty rights presuppose that he has duly fulfilled his obligations to examine and give notice of defects according to §§ 377, 378 HGB. The notification of the complaint provided for there must be made in writing. The timely dispatch of the complaint is sufficient to meet the deadline
2. We provide a warranty for defects in the purchased item for which we are responsible, by subsequent or replacement delivery, at our discretion. The expenses incurred for the purpose of remedying the defect shall be borne by us. However, the customer must bear the additional costs that arise from the fact that the purchased item was taken somewhere else from its original place of delivery
3. If the supplementary performance fails, the customer can either demand a reduction in payment (reduction) or withdraw from the contract.
4. Unless otherwise stated below (paragraphs 5 and 6 as well as § 8), further claims of the customer - regardless of the legal grounds - are excluded. We are therefore not liable for damage that has not occurred to the delivery item itself; in particular, we are not liable for lost profits or other financial losses of the customer.
5. The foregoing limitation of liability does not apply if the cause of the damage is based on grossly negligent or intentional action. Then we are liable according to the legal regulations. This also applies if the customer requests damages instead of performance due to the lack of a guaranteed quality of the item.
6. If an essential contractual obligation has been culpably violated, liability is limited to the damage typical of the contract; otherwise it is excluded according to paragraph 4. An "essential" contractual obligation within the meaning of these General Terms and Conditions is always to be assumed if we culpably breach such obligations, the proper fulfillment of which the customer relies on and may also rely on because they characterize the contract.
7. The standard warranty period is 12 months, calculated from the transfer of risk, depending of manufacturer.
1. Any further liability for damages than that provided for in § 7 paragraphs 4 - 6 is excluded - regardless of the legal nature of the asserted claim.
2. The regulation according to paragraph 1 does not apply to claims according to § 1, 4 Product Liability Act (ProdHaftG). It also does not apply if we are liable for injury to life, limb or health. It also does not apply in the case of initial inability and impossibility for which we are responsible.
3. If the limitation of liability according to § 7 paragraph 5 does not apply to claims from producer liability according to § 823 BGB for property damage, our liability is limited to the compensation of the insurance company. If this does not occur or does not occur in full, we are liable up to the amount of the coverage.
4. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.
Unless otherwise agreed, we assume no liability for the goods delivered by us not infringing on the industrial property rights of third parties.The customer is obliged to inform us immediately if such violations are reported to him.If the delivered items have been built or manufactured according to the customer's drafts or instructions, the customer must indemnify us from all claims that are acquired from third parties due to infringements of industrial property rights. Any anticipated legal costs are to be appropriately advanced.
If the products are exported, the customer will observe the German and, if applicable, the export regulations of the country of manufacture and will point out to his customers that in the case of export, German and, if necessary, the export regulations of the country of manufacture apply. The fulfillment of the contract is subject to the proviso that any necessary export permits are issued or that there are no other obstacles to fulfillment due to German, European or other export regulations to be observed. The customer undertakes to provide the information required to issue an (import) export license when placing the order.Due to the legal regulations of the Federal Republic of Germany and, if applicable, the respective country of manufacture, the export of the goods delivered by us is generally subject to approval.The customer undertakes not to sell, export, re-export, supply or otherwise pass on such products or technical information, directly or indirectly, to any person, company or country insofar as this violates American or other (in particular European or German) laws or violates regulations. The customer undertakes to inform all recipients of these products and technical information of the need to comply with these laws and regulations. The refusal of an export license does not entitle the customer to withdraw from the contract or to claim damages.
1. The place of performance for all claims arising from the contracts concluded with us, including for the payment obligations of the respective customer, is Planegg.
2. The law of the Federal Republic of Germany applies. The provisions of the UN sales law do not apply.
3. The exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
4. Should individual provisions of this contract, including these general terms and conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.
Below we inform you about our privacy policy. Here you will find information about the collection and use of personal data. We observe the data protection law applicable in Germany. You can access this declaration at any time on our website.We expressly point out that data transmission on the Internet (e.g. when communicating by e-mail) has security gaps and cannot be completely protected against access by third parties.The use of the contact details in our imprint for commercial advertising is expressly not desired unless we have given our prior written consent or a business relationship already exists. The provider and all persons named on this website hereby object to any commercial use and disclosure of their data.Personal DataWe process personal data that we need to fulfill our contractual obligations, such as name, address, e-mail address, products ordered, billing and payment data. The collection of this data is necessary for the conclusion of the contract. The data will be deleted after the warranty periods and statutory retention periods have expired.The legal basis for the processing of this data is Art. 6 Para. 1 Sentence 1 b) GDPR, because this data is required so that we can fulfill our contractual obligations to you.You can visit our website without providing any personal data. Insofar as personal data (such as name, address or email address) is collected on our website, this is done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent - if necessary, your address will be forwarded to the relevant sales company in the respective country for contact purposes.If a contractual relationship is to be established between you and us, the content of which is to be designed or changed, or if you send us an inquiry, we will collect and use your personal data to the extent necessary for these purposes (inventory data).By order of the competent authorities, we may provide information about this data (inventory data) in individual cases, insofar as this is necessary for the purposes of criminal prosecution, to avert danger, to fulfill the statutory tasks of the constitutional protection authorities or the military counter-intelligence service or to enforce intellectual property rights.Please send questions or comments about data protection to: datenschutzbeauftragter@emco-elektronik.de