Terms and Conditions
General Sales Conditions:
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Acceptance of our conditions
The general sales conditions and specific conditions of Eumes are deemed to be irrevocably accepted by the customer. All sales between Eumes and the customer are therefore subject to these general conditions, notwithstanding any contrary stipulation that might be included in customer purchase orders
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General terms:
Valid are the general terms of delivery and terms of sale for products and services of the electrical industry, according to the latest issue.
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Including following supplements and modifications:
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Prices
Our prices are valid for the indicated period, and are denoted in € [EURO], excluding packaging and delivery, excluding value added tax, if not specified additionally.
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Order
With the acceptance of our offer, the customer confirms to
- read, understood, and accepted the general terms and conditions,
- no insolvency procedure was applied or opened against him
- no legal steps have been executed during the last 10 (ten) years with respect to unpaid invoices.
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Delivery
Delivery ex works, excluding packaging. Delivery periods are given for informational purposes only and in all good faith. They are applicable following acceptance of the customer order or Eumes sales offer. Unless stipulated expressly in writing to the contrary, late delivery is not justification for cancellation of the order or any indemnification. eumes liability will not be sought or engaged due to any detriment resulting from late delivery.
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Transportation
Our equipment is always considered as sold, received, and accepted in our premises. The equipment is therefore transported at the customer's risk. It is incumbent on the customer, unless agreed to the contrary, to bear all costs and risks relating to the transport of the equipment sold, whether transported by us, taken away by the customer, or in transport hired by the customer. Any possible reserves must be sent to the hauler by registered mail with notification of receipt within 48 hours following the delivery.
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Acceptance delay
If the customer does not accept deliveries or parts of it, we are entitled to define a suitable period for acceptance. If the customer has not accepted the product within the given period, we are entitled to withdraw from the contract and/or to request for compensation because of non-fulfilment. In this case, the customer has to cover the whole loss including transport costs, worth decay and warehouse charges. Alternatively we can prove either our loss, or request 10% of the net goods value of the not accepted delivery plus the cash expenses as a compensation. The amount for compensation may lower, if the customer is able to prove a smaller loss.
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Packaging
The packaging is calculated at cost price, and will not be taken back.
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Payment
Our invoices are payable on receipt, net and without deduction, corresponding to the payment terms denoted in the invoice. The payment has to be performed by bank wire transfer. Full or partial failure to pay the invoice on its due date will automatically give rise, and without formal notification, interest added to said amount and corresponding to 5% above the current diskont of the Deutsche Bundesbank. Failure to pay one of our invoices also renders other invoices due to payment. In this case, Eumes also reserves the right to suspend the execution of any othe current order. eumes is not obliged to accept a bill of exchange or cheques as a payment. If these are accepted anyway, the customer has to bear interest costs as well as other expenses.
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Ownership
Eumes maintains ownership of the equipment sold, until effective payment is made in full of the principal and other charges.
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Availability
Offers are always subject to availability of the equipment. On request, a time-limited reservation is feasible.
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Defects
In case of defects accepted by Eumes, which need repair or replacement of parts, the customer has to send the equipment at his cost to Eumes. Eumes will bear the repair and spare parts cost, as well as the fransport cost for returning the equipment. Further claims for compensation are excluded.
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General and technical information
In case of mistakes in price or technical information, no legal entitlement can be claimed.
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Return of equipment
Returns of goods without our preceding consent cannot be accepted. If we have expressly agreed to a take-back, we are entitled to charge up to 20% of the goods value as handling and delivery cost compensation. Custom-made products in general can not be returned.
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Partial ineffectiveness
If single regulations of these conditions should be ineffective, the validity of the remaining regulations remain untouched. The ineffective regulations have to be replaced by legal regulations that corresponds to the intended economic purpose as far as possible.
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Place of fulfilment
Place of fulfilment for all obligations from the deliveries is Ahrensburg, subject to the law of the Federal Republic of Germany.
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Data security
According to §26(1) data security law, all customer-related and supplier-related data are stored using an electronic data base. No person-related or company-related data is transmitted to third parties.
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