GTC - General Terms and Conditions
Conditions of sale and delivery
All sales to buyers, customers and contract partners, hereinafter referred to as “customers”, are made exclusively subject to the following conditions unless other agreements are made in writing in the individual case:
1. Scope, general provisions
Our terms and conditions shall apply exclusively! We will not accept contradictory terms and conditions of our customers that deviate from our conditions unless we have given our express written consent to their validity. Our terms and conditions shall apply even if we execute orders without reservation despite being aware of contradictory conditions or conditions that deviate from our terms and conditions. Our terms and conditions shall also apply to all future transactions with our customers. Customers can access the latest version of these General Terms and Conditions at www.eurotec.team at any time.
2. Offers, written form
Our offers are non-binding and subject to alteration without notice until we issue our final order confirmation. Contracts and agreements, as well as transactions brokered by our representatives, shall become binding only when we issue our written order confirmation. Verbal agreements, even within the framework of contract execution, are not valid unless confirmed by us in writing.
3. Prices, packaging, offsetting
Unless otherwise indicated by the order confirmation, our prices are ex-works and exclusive of packaging. This is billed separately. The minimum order value is €50.00. For smaller quantities, we charge a flat processing fee of €30.00.
a) Our prices are exclusive of statutory value added tax. This is stated and charged separately in the invoice at the statutory rate applicable on the date of billing.
b) Our customer may only claim a right of offsetting insofar as counterclaims are established to be legally binding or are undisputed or accepted. A right of retention may only be exercised with respect to counterclaims resulting from the same contractual relationship.
4. Delivery, delivery period and force majeure
Unless otherwise agreed in writing, the place of performance shall be our company premises. The goods are shipped at the customer’s risk and expense by third parties acting on our behalf.
From the time at which we make the goods ready for shipping and inform the customer of their readiness for shipping, the customer shall bear the risk of accidental loss or deterioration of the item. This shall apply even if shipping is delayed as a result of circumstances for which we are not responsible.
Punctual handing over of the goods to a shipping company requires that the order be placed on time by our customer. If the goods are handed over to the appointed shipping company punctually, we will not be liable for delayed delivery to the customer. This shall apply even if a delivery deadline was agreed with the customer, especially in the case of delivery to a construction site. The customer may be exempted from rush charges incurred in relation to this if there is a legal basis for also deducting this surcharge from the forwarder’s bill.
Statements relating to delivery periods are always to be seen only as approximate and non-binding. They shall begin on the date of our order confirmation but not before all of the order details are clarified in full. They shall be considered met if, by the time of their expiry, the goods have left the factory or have been reported as ready for shipping. Without prejudice to our rights arising due to default by the customer, they shall be extended by the period for which the customer is in default to us with respect to its obligations arising from this or other orders.
Even if they arise at our suppliers, the following grounds are among those that shall release us from the obligation to adhere to the delivery period and shall entitle us to extend the delivery periods, to make partial deliveries or to wholly or partially withdraw from the part of the contract that is not yet fulfilled without becoming liable to pay damages as a result, except in cases of intent or gross negligence on our part: interruptions of operations and difficulties in delivery of any kind, e.g. shortages of machinery, goods, materials or fuels or incidents of force majeure, e.g. export and import embargoes, fires, strikes, lock-outs or new official measures that adversely affect production costs and shipping.
Goods are shipped at the expense and risk of the customer even if prepaid delivery was agreed. Additional costs for express shipping shall always be borne by the customer. Freight costs paid by us are to be seen only as an advancement of freight charges on behalf of the customer. Additional freight costs for urgent and express parcels shall be borne by the customer, even if we have borne the transport costs on individual occasions.
Goods reported as ready for shipping must be accepted immediately and will be charged as delivered ex-works. If the goods are to be shipped abroad or passed directly to third parties, they must be examined and accepted in our factory; otherwise, the goods shall be deemed to have been delivered in accordance with the contract to the exclusion of any complaints. The risk, including that of confiscation, shall be transferred to the customer when the goods are handed over to the forwarder or freight carrier and, at the latest, when they leave our facility. Return shipments always require prior consultation with our internal sales department. Goods that are free of defects are only taken back with our express consent. A credit note is then issued for the value of the goods with deduction of a 25% return fee per item or against a minimum fee of €50 for returning the goods to storage. Strictly no debit notes are accepted.
6. Design and property rights
The customer shall bear sole responsibility and be liable for ensuring that the goods it orders do not violate third-party property rights. No verification is performed on our part in this respect. The customer shall indemnify us against claims for injunctive relief or damages by third parties. If an application is made for injunctive relief against us, the customer shall meet the legal costs and shall compensate us for the damages we have incurred.
7. Abnahme, Mengentoleranzen und Abrufe
For contracts with ongoing deliveries, the goods are to be accepted in monthly quantities that are as consistent as possible over the course of the contractual period. If a call-off is not made on time, we shall be entitled, after the expiry of a grace period that we have granted, to divide the order at our own discretion, to withdraw from the part of the contract that has not yet been executed, or to make a claim for damages due to non-performance. In the case of call-off orders, the call-offs must always be made within 12 calendar months. Over- or under-shipment by up to 10% of the order is permissible.
8.1 Payment terms for invoices, retention
Invoices shall be payable with a 2% discount within 10 days of the invoice date or net within 30 days, regardless of when the goods are received and without prejudice to the right to make a complaint for defects.
Payment by means of acceptance or customer’s bill of exchange shall require special written agreement in advance. Discount charges will be charged in the case of payment by means of acceptance, which must have a term no longer than 3 months and be issued within 1 week of the invoice date.
Credit notes for bills of exchange or cheques shall apply subject to receipt and without prejudice to the purchase price’s earlier due date in the event of default by the customer. They shall be issued with the value at the date on which the equivalent amount will be available to us; the discount charges will be charged at the respective bank rate.
In the event that the payment term is exceeded, interest and commissions may be charged without prejudice to other rights at the respective bank rate for overdrafts but at a rate at least 5% above the respective discount rate of the Deutsche Bundesbank [German Federal Bank].
If the payment terms are not adhered to or we become aware of circumstances that, in our view, are sufficient to reduce the customer’s creditworthiness, all of our claims shall become payable immediately regardless of the term of any bills of exchange that have been accepted or credited.
We shall then also be entitled to perform outstanding deliveries only in exchange for advance payment, to withdraw from the contract after a reasonable grace period, and to demand compensation for damages due to non-fulfilment. We may also prohibit the resale or processing of the delivered goods and demand their return or the transfer of indirect possession of the delivered goods at the customer’s expense. The customer hereby already authorises us to enter its premises and confiscate the delivered goods in the above cases.
We shall be entitled to the usual securities for our claims according to their nature and extent, even if they are subject to conditions or of limited duration. Offsetting or retention of payments as a result of any counterclaims or notifications of defects shall be prohibited, except where claims are undisputed or established to be legally binding.
8.2 Terms of payment for web-shop customers
Payment shall be made exclusively in advance. Once the order process in our online shop is complete, you will receive an email with the bank details for our business account. The invoiced amount must be transferred to our account within 7 days. We cannot carry out your order until the payment arrives.
9. Retention of title
Until all liabilities arising from the business relationship are repaid in full and, in particular, until all bills of exchange and cheques, including finance bills, given as payment are cashed, the goods delivered by us shall remain our property and may be taken back by us at the customer’s expense in the event of default of payment. Until this point, the customer shall not be entitled to pledge or assign the goods to third parties as a security; it may sell them on or process them only within the framework of its ongoing business transactions. The customer shall be obliged to inform us immediately of any seizure of the goods delivered subject to retention of title or any other impairment of our rights by third parties.
In the event of further processing, the customer shall not acquire ownership of the goods delivered by us as set out in section 950 of the German Civil Code (BGB), as any processing is carried out by the customer on our behalf.
Without prejudice to the rights of third-party suppliers, the newly created thing shall serve as security for us up to the amount of our total claims arising from the business relationship. It shall be kept safe for us by the customer and shall be regarded as goods for the purpose of these conditions. If the item is intermixed or otherwise combined with other objects that to do not belong to us, we shall acquire at least co-ownership of the new thing in proportion to the value of the contract item to that of other objects that have been processed with it. If the customer sells the goods delivered by us, regardless of their condition, it hereby already assigns to us all claims against its customers arising from sales, as well as all ancillary rights, until all of our claims arising from delivery of goods are repaid in full. At our request, the customer shall be obliged to notify its downstream customers of the assignment and to hand over to us the information and documents we require in order to assert our rights against its downstream customers. If the total value of the securities given to us exceeds our claims arising from delivery by more than 20%, we shall be obliged to retransfer securities to this extent at the customer’s request. If the retention of title or assignment is invalid according to the law in the territory in which the goods are located, a security corresponding to the retention of title or assignment in this territory shall be deemed to be agreed. If the customer’s cooperation is required in this process, it shall take all necessary measures to establish such rights.
10. Mängelrügen und Haftung
Our customer shall be entitled to a warranty only if it has properly fulfilled its legal obligations under sections 377 and 378 of the German Commercial Code (HGB) with respect to the duties of examination and notification. If defects are present, we shall be entitled at our choice to either repair the defects or provide a replacement; if we are not prepared or not able to do so, and especially if repair/replacement is delayed beyond reasonable deadlines for reasons that we are responsible for, or if repair/replacement otherwise fails, our customer shall be entitled at its choice to withdraw from the contract or to demand a corresponding reduction in the price. Unless otherwise stipulated below, further claims of the customer shall be excluded regardless of their legal basis. We shall not be liable for damage that did not occur to the delivered item itself. In particular, we shall not be liable for lost profit or other pecuniary losses of the customer.
The above exemption from liability shall not apply if the damage is caused by intent or gross negligence; it shall also not apply if the customer asserts claims for damages for non-performance due to the lack of a warranted characteristic. If we breach an essential contractual duty through negligence, our duty of reimbursement for property damage or personal injury shall be restricted to the level of cover provided by our product liability insurance. We are prepared to allow the customer to view our policy on request. The warranty period is 6 months calculated from the date of transfer of risk. This period is a limitation period. The period shall also apply to claims under sections 1 and 4 of the German Product Liability Act (ProdHaftG). Insofar as our liability is excluded or restricted, this shall also apply to the personal liability of our employees, workers, staff, representatives and agents. Goods that are subject to a complaint must not be sent back without obtaining our prior written consent, as we may otherwise refuse to accept them at the sender’s expense. Goods that have been partially or wholly processed will not be taken back under any circumstances.
The customer is obliged to make sure that the purchased product is suitable for the intended application using technical descriptions, where available, and based on its specialist knowledge and to familiarise itself with the application of this product. If it is not familiar with the product’s application, our company staff are available to provide advice.
All information and advice is provided by our staff carefully and conscientiously. Under no circumstances is this information and advice a substitute for the indispensable consultancy services of architects and specialist planning companies or the services they provide during construction. Only the authorised professional groups are entitled to provide these services.
11. Place of performance and jurisdiction, miscellaneous
Information for consumers: Non-participation in dispute settlement procedures. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration body. Our company’s registered office shall be the place of performance for all obligations arising from this contract, including for liabilities from cheques and bills of exchange. Provided our customer is a merchant, the place of jurisdiction for all disputes arising from the contractual relationship shall be, at our choice, the Local Court of Hagen.
Contracts with our customer shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980. The language of the contract shall be German.
Hagen, 16 February 2018
Unter dem Hofe 5
Markus Rensburg, Gregor Mamys
Court of registration: Local Court of Hagen
Registration number: HRB 3817
VAT ID No.: DE 812674291
Tax number: 321/5770/0639
Tel. 00492331 - 6245-0 | Fax 00492331 - 6245-200 | firstname.lastname@example.org | www.eurotec.team
Data protection and disclaimer
1. Website content:
E.u.r.o.Tec GmbH provides no guarantee of the timeliness, correctness, completeness or quality of the provided information. Liability claims against E.u.r.o.Tec GmbH that refer to physical or non-material damage caused by the use of or failure to use the presented information or by the use of faulty or incomplete information are always excluded except in the case of verifiably intentional or grossly negligent fault on the part of E.u.r.o.Tec GmbH. All offers are provisional and non-binding. We expressly reserve the right to amend, supplement or delete parts of the pages or the entire website or to cease publication temporarily or permanently without notice.
2. References and links:
E.u.r.o.Tec GmbH hereby expressly declares that, at the time that the link was set, no illegal content was discernible on the pages being linked. We have no influence on the current or future design, the content, or the authorship of the linked pages. We hereby dissociate ourselves expressly from all content of all linked pages that were amended after the link was set. This applies to all links and references set within the company’s own website as well as to external entries in guestbooks, discussion forums, link lists and mailing lists set up by E.u.r.o.Tec GmbH and in all other forms of databases in which external write access to the content is possible. Where reference is made to a site, it is the site’s provider, and not the person who simply refers to the respective publication via links, who bears sole responsibility for illegal, incorrect or incomplete content and in particular for damages caused by the use of or failure to use information presented in this way.
3. Copyright and trademark law:
Texts, images, graphics, sounds, music, animations and videos, as well as their arrangement, are protected by copyright and other protection laws. The duplication, modification, transmission or publication of the content of this website, even in part, is prohibited in all forms apart from for private, non-commercial purposes. All marks found on this website (protected marks, such as logos and commercial designations) are the property of E.u.r.o.Tec GmbH or third parties and must not be used, permanently downloaded, copied or distributed without prior written consent.
4.1 Data protection:
Personal details that you send us via this website, for example in inquiries or orders, will be handled confidentially and will not be passed on to third parties. By submitting this information, you consent to the recording of your details on our IT system for processing purposes in accordance with the Federal Data Protection Act (BDSG).
4.2 Data protection for Facebook “Like” button:
5. Legal effect of this disclaimer:
The use of this website does not give rise to a contractual relationship. The use will be at the user’s own risk. We expressly exclude all liability for damages, including consequential damages, that are connected in any way with your visit to our website. This applies in particular to damages caused by, for example, viruses on your computer or IT system or your reliance on information from this website – including information from associated websites or third-party information that can be reached via this website.
Hagen, 16 February 2018
Unter dem Hofe 5
Markus Rensburg, Gregor Mamys
Court of registration: Local Court of Hagen | Registration number: HRB 3817
VAT ID No.: DE 812674291 | Tax number: 321/5770/0639
Tel. 00492331 - 6245-0 | Fax 00492331 - 6245-200 | email@example.com | www.eurotec.team
Data protection information
In the event that IP anonymisation is activated on this website, Google will, prior to this, abbreviate your IP address in Member States of the European Union or in other signatories to the Agreement on the European Economic Area. The full IP address will be transmitted to a Google server in the USA and abbreviated there in exceptional cases only. IP anonymisation is active on this website. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activities and to provide further services to the website operator that are linked to your use of the website and the Internet.
The IP address transmitted by your browser in the framework of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by configuring your browser software accordingly; however, we must point out that in this case it may not be possible to use all the functions of our website to the full extent. You can also prevent recording of the data generated by cookies and related to your use of the website (incl. your IP address) at Google, as well as processing of this data by Google, by downloading and installing the browser plug-in available via the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
Naturally, the company Eurotec otherwise adheres to current German law and, in this context, the German Telemedia Act (TMG) in particular.