Ebinger GmbH Technical Equipment,
Herrengasse 17, DE-76835 Rhodt/Germany
The general terms and conditions of business below are exclusively binding for all legal transaction unless otherwise specifically agreed in writing.
1. Our offers are non-binding. Orders placed with us become binding upon written confirmation of order or delivery of the ordered goods. Any collateral agreements, especially with representatives, are only binding if confirmed in writing by us.
2. Prices quoted are non-binding until delivery of goods. Goods shall be invoiced at the prices valid on this day. Prices are quoted ex warehouse Rhodt/ Germany excluding packaging. Prices are net prices excluding VAT.
3. The agreed delivery time applies ex warehouse and shall be observed wherever possible. Compensation for damages, cancellation of contract or other claims arising from delayed delivery are excluded.
4. Delivery shall be effected ex warehouse for the invoice and risk of the customer. Risk is passed to the customer when the goods leave the warehouse, even if freight free delivery has been agreed.
5. All invoice amounts are payable within 10 days after receipt invoice. New customers has to pay in advance before delivery outgoing.
6. If payment is not received by the deadline, we are entitled to charge interest on the areas at the same amount as the discountrate for bills of exchange issued by the European Central Bank plus 2 % p.a. Notwithstanding this, we shall also be entitled to further claims for any damages incurred due to the delay.
7. All goods delivered remain our property until all invoices and claims have been settled. The customer is entitled to sell the goods in a usual business transaction. Any accounts receivable arising from such sales are assigned to us, if we still have outstanding accounts payable by the customer. Upon request the customer shall be obliged to inform his customer of this assignmen and to provide us with such information we may require in order to assert our claims.
8. The customer shall not be entitled to pledge the goods, nor to assign them by way of security, nor to pledge or assign any accounts receivable due to us out of the resale of the goods, until he goods have been paid for in full. The customer shall inform us immediately if our goods have been seized by any third party.
9. We guarantee the faultless condition of our goods - excluding further claims such as rescission, reduction in the purchase price, withdrawal from the contract or replacement of consequential damage to the effect that in the event of any faults that render the goods useless and that can be proved to have occurred due to unsuitable material or faulty manufacture within six months from commissioning and at the latest within 12 months from delivery ex works, we may choose and shall be obliged either to remedy the fault or to deliver a replacement within a reasonable deadline. Complaints should be lodged in writing immediately the fault is discovered. We do not accept any guarantee for any faults that are due to normal wear and tear, excessive strain or other inappropriate use.
10. In so far as exclusion is permissible under law, we exclude any claims for compensation against us or persons employed by us in performance of our obligations or vicarious agents, even in connection with any collateral obligations.
11. Place of performance is Rhodt, Weinstraße. Place of jurisdiction for all mutual claims is Landau i.d. Pfalz/ Germany.