Terms of Service

emwerk GmbH / Bgm.-Otto-Knapp-Straße 49 / 49163 Bohmte

§ 1 General - Scope

1. The terms and conditions apply to all current and future business relationships with other entrepreneurs.

2. Deviating, conflicting or supplementary general terms and conditions, even if they are known, are not part of the contract, unless their validity is expressly agreed in writing.

§ 2 conclusion of contract

1. Our offers are non-binding. Technical changes as well as changes in shape, color and / or weight remain within the scope of the reasonable reservation.

2. We are entitled to accept the contract offer contained in the order within two weeks of receipt by us. The acceptance can be declared either in text form or by delivering the goods to the customer.

3. If orders are placed electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not yet represent a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.

4. The conclusion of the contract is subject to the correct and timely delivery by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular when concluding an implied hedging transaction with our supplier. The client will be informed immediately about the unavailability of the service. The consideration will be refunded immediately.

5. If orders are placed electronically, we will save the text of the contract and, upon request, send it to the client along with the present General Terms and Conditions by e-mail.

§ 3 retention of title

1. We reserve title to the goods until all claims from an ongoing business relationship have been settled in full.

2. During the retention of title, the client is obliged to treat the goods with care. If maintenance and inspection work is required, the client has to carry this out regularly at his own expense.

3. The client is obliged to notify us immediately of the assertion of third party rights to our property, for example in the event of a seizure, as well as any damage or destruction. In the case of retention of title, the client must notify us immediately of any change of ownership or change of residence.

4. We are entitled to withdraw from the contract in the event of behavior by the customer contrary to the contract, in particular in the event of default in payment or breach of an obligation according to clauses 3 and 4 of this provision and to demand our ownership.

5. The client is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount that accrue to him through the resale to a third party. We accept the assignment. After the assignment, the client is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the client does not properly meet his payment obligations and is in default of payment.

§ 4 delivery deadlines, excess / shortage of quantities

Delivery times are non-binding unless we have confirmed them as binding in text form. The delivery period begins with the order confirmation in text. Delivery deadlines are met if the goods leave our factory by the end of the delivery deadline or the customer has been notified of readiness for dispatch. In the event of force majeure or other unforeseen events such as riot, breakdowns, strikes, lockouts, incorrect or late delivery, the delivery times are extended by the duration of the event; in this case we reserve the right to withdraw.

§ 5 remuneration

1. Unless otherwise agreed in the text, all prices are in euros ex works, plus VAT at the statutory rate, excluding packaging. The list prices valid on the day of delivery apply if the contract was concluded more than four months ago.

2. The client undertakes to pay the agreed consideration within 30 days of receiving the goods and the invoice. After this period has expired, the client is in default of payment. During the delay, interest is charged on a monetary debt of 8% above the base rate. We reserve the right to prove and claim higher damage caused by default.

3. The customer only has the right to offset if his counterclaims have been legally established or recognized by us. The client can only exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 6 Transfer of Risk

1. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer when the goods are handed over or, in the case of sale by mail order, with the delivery of the goods to the forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.

2. The transfer is the same if the client is in default of acceptance.

§ 7 Warranty

1. We guarantee defects in the goods either through repair or replacement delivery, at our option.

2. If the supplementary performance fails, the client can, at his discretion, request a reduction in payment (reduction) or cancellation of the contract (withdrawal). In the case of only a minor breach of contract, in particular only minor defects, the client has no right of withdrawal.

3. The client must notify us in writing of obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. Timely dispatch of the notification is sufficient to meet the deadline. The client bears the full burden of proof of all claim requirements, in particular for the defect itself, for the time at which the defect was determined and for the timeliness of the notification of defects.

4. If the client chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect. If the client chooses compensation after subsequent performance has failed, the goods remain with the client if this is reasonable for him. The compensation is limited to the difference between the consideration and the value of the defective item. This does not apply if we have maliciously caused the breach of contract.

5. The warranty period is one year from delivery of the goods. This does not apply if the client has not notified us of the defect in good time (Section 3 of this provision).

6. Only the product description is deemed to be agreed as the quality of the goods. Public statements, promotions or advertising do not represent a contractual quality of the goods.

7. The customer does not receive any guarantees in the legal sense from us. Manufacturer guarantees remain unaffected.

9. Consumables are generally not covered by the warranty.

§ 8 Limitation of Liability

1. In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage based on the type of product, in particular for the quality, composition and shape of the goods manufactured using our products. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable for slightly negligent breaches of insignificant contractual obligations.

2. The above limitations of liability do not apply to the customer's claims arising from product liability. Furthermore, the limitations of liability do not apply in the event of physical injury or damage to health attributable to us or in the event of the customer's life being lost.

3. Claims for damages by the customer due to a defect become statute-barred one year after delivery of the goods. This does not apply if we be accused of fraud.

§ 9 Technical Documentation

Our documentation corresponds to the contract language. Either German or English.

§ 10 final provisions

1. The law of the Federal Republic of Germany applies. The provisions of the UN sales law do not apply.

2. The exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual abode are not known at the time the action is brought.

3. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The fully or partially effective regulation is to be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.