Data and facts
ES PROJECTS GmbH
Address:
Rudolf-Diesel-Strasse 20
D-89312 Günzburg
Germany
Contact:
Tel.: +49.8221.207990
Fax: +49.8221.2079999
E-Mail: info@es-projects.com
Manager:
Friedrich Wurtz, Gundelfingen
Dietrich Freitag, Dortmund
Trade register:
HRB 13238, Amtsgericht Memmingen
Tax ID:
151/125/80643
USt-Id-Nr.:
DE257889584
Bank:
Sparkasse Günzburg-Krumbach,
BLZ: 72051840
Konto-Nr.: 240006007
BIC: BYLADEM1GZK
IBAN: DE53 7205 1840 0040 0153 72
General terms and conditions
General terms and conditions of delivery and business
I. Qualified sale
1. The delivered object remains to the property of ES PROJECTS Limited (deliverer) until the entitled claims of closed businesses against the ordere rare fulfilled.
2. In case, the orderer wants to resale the delivered object, he retires the claim of the purchase price to the acquirer (additional qualified sale).
II. Contractual exclusion of set-off
The orderer can only compensate against claims of the deliverer, if the set-off claim is noticed to be indisputable or legal.
III. Delivery, delivery deadline
Basically deliveries take place from works. The article is offered to prior sale. As long as the orderer do not fulfil the duty to collaborate, he resides with, the flow of the declaired delivery deadline is inhibited, the deadline is according to.
IV. Transport, transfer of risk
1. Basically the carriage of the goods takes place on behalf of the orderer. Loss or damage of the goods are to announce to the haulier immediatelly. A notification of claim is to be demanded.
2. The risk of loss or debasement of the delivery item passes over to the orderer even then with dispatch, if the shipping of the delivery item happens without demand of the orderer.
3. If installation and/ or assembly of the delivery item is owed to the orderer, the risk passes over by acceptance.
V. Proof standing
If goods are dedicated as a trial, they apply to be bought by the orderer, if the deliverer do not get them back within the stipulated time. The deadline for the restitution is about 4 weeks, if nothing else was agreed. The date on the dispath note is essential. In case of restitution, the orderer has to carry the costs of the transport and the check.
VI. Assembly and installation
1. It rests on the orderer, to set the essential requirements for a flawless assembly and installation in his business on his own costs.
2. The payment for the installation is according to the pricing list of the deliverer, which is object of the contract and either enclosed to the acknowledgement of order or can be requested from the deliverer every time.
VII. Claims of defects
1. The deliverer adheres initially to supplementary performance only, by defects of the delivery item.
2. By abortion of the supplementary performance the orderer remains the due to decline.
3. The location of commitments of the supplementary performance is to be appointed by the deliverer, this applies especially for delivery items, which are fitted in plants of the orderer.
4. The supplementary performance can be denied by the deliverer, if the orderer is defaulting the payment. The supplementary performance can not be denied by the deliverer, as far as the hold payment is comparative, considering to the defect.
5. The orderer directly has to verify the goods accurately after receipt and to inform the deliverer in written form about all defects, at the latest within 5 days after goods receipt. The enforcement of lost profit is excluded.
VIII. Miscellaneous delinquencies
The claims of compensation are limited to 5% of the agreed payment (net) at miscellaneous delinquencies by the deliverer, as far as the delinquency did not happen intentional or abrasive, damages throughout injury of life, the body and the health are not applied in this confinement. Claims of compensation concerning to a delayed delivery can only be claimed by the orderer, if this is assertively approved in the order confirmation of the deliverer.
IX. Place of jurisdiction and reservation
1. The place of jurisdiction for all conflicts between the deliverer and the orderer, by legal acceptance, Günzburg is to be agreed.
2. The legal relations are exclusively conforming to german law.
X. Efficiency, defense clause
By placing the order the conditions and terms of sale, delivery an payment of the deliverer are accepted by the orderer. For the volume of delivery or performance, exclusively the written order confirmation of the deliverer is definitively.
General terms and conditions of the orderer are not necessary for the contractual relationship between the deliverer and orderer, they unfold no consequence at all.
XI. Severability clause
Should one clause of these conditions be ineffective, so the other clauses remain valid. If one clause of these terms is only ineffective in a part, so the other part remains valid.
The parties are hold to replace the ineffective clause by a effective clause, which approximates the commercial intent of the ineffective contractual term.