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You are here: Start Standard Terms
Our Standard Terms Print
Article Index
Our Standard Terms
Conditions of Purchase
Conditions of use
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Standard Terms and Conditions of Sale and Delivery
of EHRLE Reinigungstechnik GmbH, Siemensstraße 9, 89257 Illertissen
Effective date: 19. 02. 2007

The following standard terms and conditions apply to all legal business of EHRLE with its customers, unless otherwise agreed. All additional or deviating agreements must be made in writing. This applies also to any changes to the clause governing the written form. In general, the standard terms and conditions of the contractual partner shall not apply.

1. Quotation, placing of order, order confirmation

In general, our quotations are non-binding. Where written or verbal purchase orders are placed, the purchaser is bound by the contractual quotation for 21 days. An order shall be deemed to be accepted if it is confirmed by us in writing and/or by fax or e-mail or if delivery has taken place.
All details, measurements, values, conditions of use and other information contained in brochures, catalogues, on websites and in other documentation are deemed to be theoretical approximations and shall be binding only if confirmed in writing, and then only to the extent to which they can be determined on the basis of the available documentation. Brochures are in general only valid in the current edition at the time of closure of contract.
Products from standard manufacture are sold according to brochures or demonstration models.
Commercially acceptable slight variations in colour and/or form are within the bounds of the contract. EHRLE reserves the right to implement constructional or technical changes, so long as the functionality of the product continues to conform to the requirements of the customer. If, in the course of the business relationship, documents, samples and/or other information is communicated or handed over, then these are protected by copyright. All copyrights belong to EHRLE GmbH.
Our customers provide assurance that the said items and information shall be treated as strictly confidential, shall be neither copied, reproduced, passed on or distributed, reconstructed or made available to third parties in any other way and/or made known to third parties in any other way without the written consent of EHRLE GmbH. Any use whatsoever of the protected documents, items and other information without contractual basis and without the consent of EHRLE GmbH is also prohibited. All samples, drawings and other documents, the handing over of which is not directly connected with the purpose of the contract, shall remain the property of EHRLE GmbH in the physical sense also..

2. Delivery terms

Due delivery dates shall begin when confirmation of the order is sent out; however, not before full clarification of all exportation details and fulfilment of all prerequisites for which the customer is responsible. The delivery date shall be deemed to be complied with if the goods leave the EHRLE works on the due date. EHRLE falls into default without reminder only if a written, binding, agreed delivery date for a particular calendar day has been exceeded. In this case the customer shall grant a reasonable period of grace of at least 4 weeks. Events such as force majeure, unforeseeable circumstances and other unforeseeable disruptions of the business operations of EHRLE or its suppliers, which owing to the circumstances of the case are unavoidable despite appropriate care taken by EHRLE or its suppliers, postpone the delivery date by an appropriate period. In such cases, EHRLE is relieved of its duty of performance if delivery within a reasonable period of grace is not possible. If EHRLE for fulfilment of the purchase agreement has closed a corresponding cover business, then EHRLE is not obliged to deliver if the up-stream supplier cannot deliver. EHRLE has a duty to inform the customer immediately of such circumstances and to refund without delay any monies already paid.

3. Refusal of performance

EHRLE may refuse to deliver if, after closure of the contract, facts become known which indicate that the customer‘s ability to fulfil his part of the agreement is jeopardised due to lack of funds and /or creditworthiness. In this case, delivery shall only take place if the customer makes advance payment or provides adequate security. This applies also to amounts outstanding from other business transactions with the customer. EHRLE has the right to grant the customer an adequate period in which to make advance payment or provide security and may withdraw from the contract after this period has expired. The setting of such period may be dispensed with if the customer at the time of closing the contract has maliciously or negligently withheld known facts or facts which were unknown through negligence on his part.
Furthermore, in such cases EHRLE shall be entitled to demand immediate payment of any outstanding amounts from all business transactions with the customer.

4. Dispatch

Risk is transferred to the customer with the dispatch of the contractual goods to a carrier or other person commissioned with transportation. Transport insurance against damages of all kinds shall only be taken out at the express request of the customer. All costs of transport insurance shall be to the account of the customer. EHRLE shall determine the type of transportation to be used.
EHRLE shall be entitled at all times to dispatch partial deliveries in reasonable amounts.
For delivery to foreign countries, even where delivery franco domicil has been agreed, all additional charges incurred, in particular customs duty, transport charges from the border, charges for shipping papers, import taxes etc. shall be to the account of the customer.

5. Approval procedures and architects work

The customer shall be responsible for the whole approval procedure including the preparation and submission of all necessary plans for the whole construction site, for all bricklaying, concreting and the laying of sewerage systems and for all work below the top edge of the ground floor; for all architectural work, particularly for checking the calculations for the integrity of the steel construction and the provision of a plan for proving the bearing capability of the floor. The customer is, in general, responsible for ensuring that the ground on the building site is sufficiently firm and safe to facilitate the entry and exit of fork-lift trucks and heavy goods vehicles. In general, all construction work may begin only when the brick-laying and concreting work has been completed and water and sewerage connections and energy supply lines, including under-floor heating pipes, have been installed in accordance with the respective building regulations.
The customer shall bear the cost of providing the necessary electricity and water supplies and connections.
The customer shall ensure the timely provision of all utility supplies (water, sewerage, electricity, gas, oil).
In the case of any breach of this clause, all other delivery dates shall cease to be in force. The customer shall accept liability for any additional costs incurred by EHRLE in relation to such breach.

6. Retention of title and Rescission

All deliveries of EHRLE GmbH are performed under retention of title. The respective delivered goods shall remain the property of EHRLE GmbH until full payment has been received in respect of all goods delivered and of any outstanding sums for services previously rendered. If the property of EHRLE ceases to exist per se through merger, unification, installation or other legal regulations then a part of the purchaser’s ownership of the unified object, proportionate to the invoiced value of the goods supplied, shall be transferred to EHRLE. Upon request of the customer to this effect, EHRLE undertakes to release all securities in so far as the value of such securities exceeds by more than 20 % the outstanding sums thereby secured. The choice of securities to be released shall be at the discretion of EHRLE. In the case of re-sale of contractual goods, the customer assigns his claims and subsidiary rights to EHRLE at this point for reasons of security. Apart from the revocation possible at any time, the customer has the right to recover the assigned claim. So long as the right of title of EHRLE is upheld, EHRLE has the right to assure himself at any time of the correct and proper storage and handling on site and to recover the said goods after a suitable period of grace in case of default, without such step involving withdrawal from the contract.
All costs for the necessary recovery of the goods, including any possible renewed delivery, shall be to the account of the customer.

7. Prices and payment conditions

Prices are understood to be in EURO plus the respective current legal rate of value added tax. All prices are ex-works and excluding all supplementary payments whatsoever, particularly excluding transport, insurance, postage, fees, installation, commissioning and any other expenditure concerning use by the customer, particularly any additional expense incurred in the fulfilment of regulatory conditions at the construction site and for preparation of the documentation required to obtain building permission. Unless otherwise agreed, the prices shall be those stated in the current price list of EHRLE at the time of closure of the contract.
Our commissioning, maintenance and other user support services are, in general, materials-cost-plus services charged on a case by case basis, whereby the hourly rate is calculated according to the respective current price list.

8. Payments

In general, invoices shall be paid on receipt without discount.
In the case of faults in the goods or installation, the customer has a right to retain only a reasonable proportion of the purchase price, commensurate with the type of fault and the degree of impairment of use.
If payment becomes overdue, interest on arrears at the rate of 1 % per month shall be levied without further reminder. If the customer is a company, interest on arrears shall be levied at the rate of 1.5 % per month above the base rate. In the case of arrears being incurred, all selected rebates and other discounts shall become null and void.
The customer may only off-set with counterclaims that are uncontested or recognised or titled.

9. Warranty

EHRLE guarantees the faultless condition of its products in accordance with the contractual specifications within a warranty period of one year, calculated from the date of transfer. If the customer is a consumer, the legal warranty period shall apply. The shorter expiry period, i.e. one year or two years if the customer is a consumer, applies also to plant parts from EHRLE erected on plots of ground but not, however, permanently fixed to the ground and which can be removed without destroying the plant part.
If the customer is a company, then any complaints concerning incomplete or incorrect delivery or complaints concerning obvious or normally recognisable deficiencies must be notified to us in writing at the latest 14 days after receipt of the goods. Should the customer fail to make such deficiency notification within the said period or have used or resold the said goods, then the goods shall be deemed to have been accepted unconditionally.
Any further use of the machinery despite the established faults shall be at the customer’s own risk.
Due to the numerous application possibilities for EHRLE products, EHRLE accepts no warranty obligations for the actual application possibilities and concrete conditions of use at the customer’s site unless this has been expressly assured in writing and the concrete conditions of use on site have been described to us correctly and in writing by the customer.
If the customer is a company, then warranty claims at the discretion of EHRLE shall be limited to rectification of the deficiency or replacement. Any further claims of the customer, particularly claims for consequential damages arising from deficiencies shall be excluded with the exception of personal injury, in so far as EHRLE is deemed to have acted negligently. In particular, EHRLE shall not be liable for damage that has not occurred to the supply object itself. In particular, EHRLE shall not be liable for lost profits or for any other damage to assets of the customer. This liability limitation shall not apply in cases of claims due to intent, gross negligence or malice. Where claims for damages are given, these shall expire one year after transfer of the goods. The prerequisite for all warranty claims of the customer is that the customer shall make all reasonable efforts to bring about the rectification of the deficiency, especially by documented notification of the deficiency as soon as it is noticed.

10. Lapse of warranty

The warranty shall become null and void in its entirety if products of EHRLE GmbH are not used for the intended purpose or are used in exceptional operational circumstances and/or replacement parts other than EHRLE-parts are used; furthermore in cases of inadequate and improper cleaning of products and equipment and through the use of operating materials, cleaning and maintenance products not expressly approved in writing by EHRLE GmbH.
In all cases in which the customer makes unjustified claims on the warranty, the investigation of which causes costs to be incurred by EHRLE GmbH, then the customer shall be liable for such costs if he has acted negligently..

11. Liability

EHRLE shall be liable for compensation claims arising from damage to health, life or body either by the intent, gross negligence or carelessness of its legal representatives and/or agents. For other damage arising from contractual or non-contractual breach of obligation EHRLE shall be liable only in cases of gross negligence and intent by its legal representatives, agents or assistants, in so far as they do not constitute a breach of essential contractual or cardinal obligations. In the case of a breach of essential contractual or cardinal obligations EHRLE shall be liable even in cases of carelessness, however only for any damages foreseeable at the time of closure of the contract. This liability shall be limited to the claim sum covered by EHRLE’s liability insurance. EHRLE shall not be liable for providing information or advice unless this expressly constitutes an integral part of the contract. Information and advice relating to the processing of an order are not essential contractual obligations, for which liability shall be limited to serious fault and foreseeable damage.
Exclusion from liability in accordance with these standard terms and conditions shall not affect claims arising from the product liability law.

12. Information provided by the customer

The customer accepts liability for the details and other information provided by him for the purpose of planning and production as well as for the suitability of the installation site. Any additional costs incurred through misinformation or unsuitability of the installation site shall be to the account of the customer. The customer is responsible for the accuracy of his information and for the timely provision of all necessary information. The customer is liable in particular for all additional costs incurred through breach of his duty to cooperate.

13. Withdrawal from the contract

If the customer refuses to accept goods ordered in the proper manner, or if the customer declares prior to delivery either verbally or in the general sense, also by non-response to a corresponding written request containing notification of the legal consequences of this paragraph, that he will not accept the goods, then EHRLE may without further reminder withdraw from the contract and demand damages in lieu of payment.
In the case of EHRLE withdrawing from the contract due to conduct of the customer, in particular due to overdue payment or in the case of item 3. or any other unauthorised annulment of the contract by the customer following delivery and recovery of goods, EHRLE shall have the right to claim damages and compensation for expenditure incurred.
In consequence of non-fulfilment, EHRLE has the right to claim damages at a fixed sum to the amount of 25 % of the net order volume. For expenditure arising from the contract, such as transport, return transport and installation costs etc., EHRLE shall receive compensation to the value of the respective costs incurred. The hourly rate per employee is 65.00 EUR plus value-added tax and travel expenses of 1.10 EUR per km plus value-added tax. These rates shall also apply in all other cases within these standard terms and conditions in which the costs shall be to the account of the customer.
EHRLE remains entitled to prove and to claim higher damages than the fixed compensation rates given above, and the customer remains entitled to present for proof lower damages to EHRLE. If the customer is late in calling off orders, then after a call-off delay of more than 14 days he shall be liable to pay any storage costs incurred.

14. Data protection

The customer agrees that the personal data included in the contract shall serve purely for the purpose of internal processing and analysis and shall not be given to third parties. He agrees to our using them for newsletters.
EHRLE shall have the right to apply to the SCHUFA (protection society for general loan security) or any other information source for credit information on the customer. The customer shall give his express consent to any said application.

15. Jurisdiction and place of performance

This agreement is subject to non-unified German law, namely, BGB (German civil code) and HGB (German commercial code). The provisions of the Vienna UN Convention of April 11, 1980 concerning contracts for the international sale of goods (CISG) shall not apply.
The place of jurisdiction for legal disputes arising from the contract shall be Illertissen.
If the customer has no place of residence in this country, or has transferred it to another country after closure of the contract or if his place of residence or habitual whereabouts are unknown at the time an action is brought, then the place of performance and jurisdiction shall be the main seat of EHRLE GmbH or that of the customer, as shall be decided by EHRLE.
Should one or more of the provisions of these standard terms and conditions be or become invalid, then the validity of the remaining provisions shall remain unaffected.
A new clause coming as close as possible in meaning to the intended purpose of the original shall take the place of the invalid clause.