§ 1 Scope
(1) The following sales and delivery apply to all offers, deliveries and services of Ernst & FRIENDS GMBH with the exception of our offers in our online shop on www.ernst-friends.com that are subject to special conditions. The customer accepts these sales and delivery at the latest upon receipt of goods or services.
(2) Deviating terms and conditions of our customers are hereby rejected. They shall only apply if their validity is confirmed by us in writing by an authorized officer or general officers.
(3) The terms and conditions also apply to all future contracts with the customer, even if they are not explicitly included again.
§ 2 Contract, Offer Documents
(1) Our product ranges are aimed exclusively at persons and companies in their commercial or independent professional activity upon conclusion of the transaction (entrepreneur as defined in § 14 BGB) and to legal entities of public law and public special assets. The customer declares in delivery of the order, not to act as a consumer.
(2) Our offers are not binding (invitatio ad referendum). The customer’s order constitutes a binding offer to us to conclude a purchase contract. A purchase contract is only concluded when we deliver the goods or the customer to announce the delivery in advance.
(3) to illustrations, drawings and other documents we reserve all property rights and copyrights.
(4) Subject to any other agreement we just Germany, Switzerland, Austria and the Netherlands. We point out that we work together in many countries with partner companies, over which the terms of our products is possible.
§ 3 Prices – shipping, cash on delivery and packaging costs
(1) The prices stated in our catalog are “net ex dispatch”, ie in particular without the legal VAT, transport and insurance costs. Unless otherwise stated, prices are per piece. Season Prices are per type, value and color, unless otherwise indicated. Prices for longer sold only apply to the existing stock quantity.
(2) The costs borne by the customer. The shipping costs for example in our standard service at a delivery within the Federal Republic of Germany to 2 kg (80% of broadcasts) 4.95 euros. In addition, we offer different ways of express delivery and of collection. For details on the shipping options and costs can be found in our catalog on our information pages.
(3) For a cash on delivery also fall to 4.00 euros delivery costs. These are to be borne by the customer.
(4) Packaging costs are generally not charged separately. With more complex packages have the right, to us, to make the packaging costs separately claimed.
(5) The prices listed in our catalog are not binding. We reserve even after conclusion of the right, not foreseeable at the time, extraordinary price increases by the manufacturer and currency fluctuations to pass on the price increase to the customer. If the increase is more than 5% of the original price, the customer has the right to withdraw from the contract.
(6) For a delivery with delivery destination outside the Federal Republic of Germany, the customer bears all additional costs such as bank charges, costs of necessary documents, any duties etc.
§ 4 Payment, late payment
(1) Payment is due basically new customers the option of the customer in advance or cash on delivery.
(2) customers with whom there is already a business relationship, we supply, provided credit, on account. We reserve the right at any time to carry out the delivery only against advance or cash on delivery, in particular if the customer or to a claim by us in default, there are doubts about the creditworthiness of the customer.
(3) bills to be paid within 14 days of receipt without deduction. Special conditions, in particular the deduction of discount shall require a separate agreement.
(4) If the customer is in default, the demand at the rate average charged by the German banks to pay interest on overdrafts. The right to assert a higher damage remains reserved. The customer is entitled to prove that due to the delay no or significantly less damage. The minimum interest rate during the delay is 8% above the base rate.
(5) off rights to the customer only if his counterclaims have been legally established, uncontested or recognized by us.
§ 5 Delivery time, partial deliveries
(1) Our information concerning the availability of the product is based on our regularly updated ERP system. Errors, however, remain reserved.
(2) We strive for short-term delivery. Our standard service provides that stock in the event of an order to 14h pass of stock goods normally on the same day our shipping company and invder a delivery within the Federal Republic of Germany usually the next business day to 16 clock is delivered. However, a relevant liability we can not accept. When not in stock on stock item the expected delivery date is specified. However, such information is not binding. Binding delivery must be confirmed in writing or by e-mail.
(3) In addition, we offer our customers different ways of express delivery services as well as possibility of collection. The details are available on the information pages of our catalog.
(4) Proper and timely delivery is reserved.
(5) Delivery and service delays due to force majeure or similar arising after the contract can not be influenced by us circumstances such as natural disasters, terrorism, embargo, strikes, lockouts, official orders, even if they occur at our suppliers or subcontractors, who we are not responsible. They authorized us to postpone delivery or performance
postpone for the duration of the hindrance plus a reasonable lead time. We will notify the customer of the occurrence of such circumstances. Emergence of a Party as a result of the delay significant disadvantages, especially concerning deadlines, it shall be entitled to withdraw from the unfulfilled part of all or part of the contract. If the impediment lasts longer than six weeks, the customer is entitled to a reasonable grace period to withdraw from the contract not yet fulfilled.
(6) partial deliveries and invoicing is permitted to a reasonable extent. Part invoices shall be settled within our terms of payment.
§ 6 Shipping Regulations – Transfer of Risk
(1) The delivery is done by powerful package service of our choice. At our discretion sensitive and high-quality products are delivered by rail Express. (2) The transport insurance shall require a separate agreement and will be charged to the customer at cost.
(3) The shipment will travel at the expense and risk of the recipient. The risk shall pass to the customer as soon as the consignment has been handed over to the person performing the transport or has left our warehouse for dispatch. If the shipment at the customer on a specific date or if the customer defaults on acceptance, the risk with the notification of readiness for shipment to the customer.
(4) The customer waives returned packaging and is responsible for the proper disposal according to law.
§ 7 Export Control / export ban / embargo regulations
The delivered products are intended for use and remaining in the country of delivery agreed with the customer. In particular, technical products, hardware and computer software may be subject to embargos and export from the country of delivery may be prohibited or subject to authorization. In addition, we may be contractually obliged to ensure compliance with export bans. The customer is responsible for complying with all regulations to the end user at his own expense. In particular, it is up to the customer to obtain information on applicable export and import regulations (eg, the Federal Office for Economy and Foreign Control in Eschborn / Taunus and the US Department of Commerce, Office of Export Administration, Washington DC) comply with these provisions as well as any of us pronounced export bans and obtain necessary approvals themselves. We have the customer expressly
suggests that we are not obliged to point out potential export bans. Unless we notify the customer of export regulations, we assume no liability for the correctness. Such instructions do not release the customer from his own Erkundigungspflicht.
§ 8 Product information, license conditions of the manufacturer, manufacturer’s warranties
(1) The measures listed in our catalog, weight and technical information as well as text and images are only the approximate orientation. Amend design, particularly in the form, color and / or weight are reserved within reason. The same applies to information on file cards to online media (PDF data sheets on CD-Rom). If in doubt, the current data sheets of the manufacturer of the product shall prevail.
(2) All product details in our catalog are based on the information provided by the respective manufacturers, which are not checked by us. A liability for damages of ERNST & FRIENDS GMBH due to incorrect information provided by the manufacturer is excluded.
(3) Information on product characteristics are not guarantees, but only product. A guarantee is present only when it is expressly agreed in writing.
(4) For different products (eg software) are on these terms beyond license terms of the manufacturer. The customer accepts these conditions. We point out that violations of the license conditions may have claims for damages result.
(5) In addition, the respective warranty provisions of manufacturers apply to these conditions. We point out that because of such warranty incur any claims against us, but only directly against the manufacturer.
§ 9 Warranty rights
(1) eliminates Any liability for defects when operating or maintenance instructions are not followed, changes to the products, parts are replaced or consumables are used which do not meet the original specifications unless that lack then not based.
(2) damage to the transport packaging and obvious damage must be made immediately to the transport company; and where possible to leave from this, confirm.
(3) defects which can be identified with proper investigation, should be notified in writing within five working days of receipt of the delivery item. In case of hidden defects, the notification period calculated from discovery of the defect.
(4) The warranty is subject to our discretion, first by removing the defect or delivering a defect-free item (subsequent performance). Is our chosen form of remedy for the customer associated with considerable disadvantages, the customer is entitled to require the other form of subsequent performance. Our right to refuse even this form of remedy due to disproportion or impossibility remain unaffected. In the case of removal of defects we can either require reasonable discretion, that the goods will be sent to us for repair or make the repairs by a technician at the customer.
(5) If not undertaken any subsequent performance within a range set by the customer reasonable time, or a time limit under the law exceptionally dispensed, the customer is entitled to proceed to the other statutory warranty claims, in particular to reduce the purchase price or withdraw from the contract. Deadline set for a subsequent performance made has, however, does not eliminate the defect, the customer may pass over to the other claims for defects only after the expiry of a further reasonable additional period unless the customer would this further watchful waiting exceptionally unreasonable.
(6) Goods Returns will only be accepted if the four of these requirements contained conditions for returns in § 11 para. Are met. If the customer is entitled because of a lack to return, we will refund the cost of returning immediately.
(7) Claims for defects may – in addition to the legal requirements – only under the conditions in § 10.
This does not affect 478 BGB (8) right of recourse of the customer in terms of § if the customer has no equivalent compensation is granted. This does not apply to claims for damages due to defects.
(9) The statute of limitations is one year from delivery.
§ 10 liability for damages
(1) We are only liable for breach of duty unless they are based on intent, gross negligence or culpable violation of a contractual obligation (cardinal obligation). Incidentally, a liability for damages is excluded.
(2) If we are liable pursuant to paragraph 1 for negligent behavior is limited our liability for the damage, which occurrence typically had to expect based on known upon conclusion of circumstances. Maximum liability is EUR 50,000.00. We are not liable in these cases also for indirect damages, consequential damages or lost profits, unless the damage was caused by grossly negligent conduct of a senior executive.
(3) The above exclusions and limitations do not apply if we have assumed a guarantee for the quality of the goods, for damages are to be replaced under the Product Liability Act and for injury to life, limb or health.
(4) The proof of a fault must be provided by the customer.
§ 11 Return / Exchange Policy, returned goods
We provide our customers in accordance with the following rules a return or exchange rights:
(1) We will take back the delivered goods without giving any reasons, if the customer returns the goods delivered within 14 days after the invoice date at their own expense. Goods must not show any signs of wear and must be returned in their original retail packaging. The return of environmental or transport packaging is not required.
(2) Excluded from return or exchange are the following products:
– goods worth under 10,00 euros,
– consumables (such as batteries / battery, lamps, semiconductor, labels, ribbons, toner, inkjet cartridges), provided that the original manufacturer packaging has been opened,
– Software and other storage devices, if the seal has been removed,
– Original watch parts, small clocks, books and magazines, provided that the protective cover has been opened,
– Established components, cables in the blank, special and all because of a customer order specially procured products
( “Non-catalog goods”).
(3) 10.00 EUR per position VAT will be plus for each vice exchanged position or credit. Prorated for the processing costs.
(4) a return can be accepted only if the returning a return to a no. provided and completed Return (Return) form is attached. The return form is in the delivery, but can subsequently (by telephone, fax or e-mail) are requested. The Return-No. the customer by telephone, fax or email. Unfree returned goods will not be accepted.
§ 12 Retention of title
(1) The delivered goods remain our property yet grown up to the settlement of all claims which arise against us the customer or from the existing business relationship.
(2) The retention of title is extended in accordance with the following provisions: Processing or transformation is for us as manufacturer, but without obligation for us. If processing, combining or mixing of the goods with goods that is not our property, we shall acquire co-ownership of the resulting products derived therefrom, in the ratio of the value of the goods (invoice value, incl. VAT.) To the other processed items the time of processing. If the combination or mixing of the goods with a property owned by the customer’s main product, it is now agreed that the ownership of the customer in the value share will pass to us. The customer shall keep our co-ownership for us without charge.
(3) The customer is entitled to process the reserved goods in the ordinary course of business operations and to sell as long as he is not in default. Pledges or collateral assignments are inadmissible. The claims arising from regarding the resale or any other legal reason. Of the goods, the customer shall already now half full scope to us. Are we only co-owner of the goods sold, the customer assigns the claim in the amount of the invoice value of the goods delivered to us. we authorized
the customer to collect the claims assigned to us on his account in his own name. If the customer’s contractual obligations not to, especially in the case of default, we are entitled to revoke the direct debit authorization. At our request, the customer has his customers about the assignment open and provide us with all necessary information and documents.
(4) to the reserved goods must inform us of the customer immediately after the announcement by third parties. The customer is liable for the costs for the lifting of the access, in particular by collecting the third party proceedings, incurred to the extent they can not be attained by the pursued creditors.
(5) At behavior of the customer – in particular default in payment – we are entitled to reclaim the reserved goods without any grace period and without previous cancellation by the customer or if necessary, to request the assignment of the customer’s claims against third parties. In the withdrawal as well as the seizure of the goods does not constitute withdrawal from the contract. The customer has to bear the costs of withdrawal. We are entitled to use any returned goods after the threat and the proceeds – to offset against our claims – less reasonable costs.
§ 13 Data Protection
The customer agrees to the storage of personal and company-related data, to the extent necessary for the contract. The customer receives at any time request information about the stored personal data.
§ 14 Place of performance, jurisdiction and applicable law
(1) Place of performance for all obligations of this contract for delivery is Schwarzenbek.
(2) The exclusive jurisdiction for all directly or indirectly from the contractual relationship is Schwarzenbek.
(3) These terms and conditions and all legal relationships between sellers and buyers, the law of the Federal Republic of Germany excluding the UN Sales Convention (CISG).
(4) If any provision of these terms and conditions or a provision of other agreements be or become invalid, the validity of all other provisions or agreements is not affected.
Instructions for battery disposal
In connection with the sale of batteries or with the delivery of equipment containing batteries, the provider is committed to provide customers point out the following:
The customer is obliged to return used batteries as end users. It can used batteries, which leads the provider as new batteries in range or has performed free of charge at the shipping depot (shipping address) the provider return. The symbols shown on the batteries have the following meaning:
The symbol of the crossed out wheeled bin indicates that the battery should not be disposed of with household garbage.
Pb = battery contains more than 0.004 percent lead
Cd = battery contains more than 0.002 mass percent Cadmium
Hg = battery contains more than 0.0005 mass percent mercury. ”