General terms and conditions
of the ecos systems GmbH
By placing an order with us, regardless of the form in which it is placed, the customer accepts our terms and conditions of sale, delivery and payment.
The customer's terms and conditions of purchase and payment shall only apply to us if we accept them in writing.
Prices on which our offers are based are subject to change. The prices quoted by us shall only apply to the individual order; repeat orders shall be deemed new orders. Value added tax will be charged at the applicable rate.
Our invoices are payable within 14 days of the invoice date net without any deduction. Offsetting is generally not possible. If the term of payment is exceeded, interest on arrears of 5% above the Bundesbank discount rate may be charged, irrespective of any further rights. For further reminders we charge 7,- Euro. For unknown customers we reserve the right to deliver cash on delivery. The same applies to deliveries outside the Federal Republic of Germany.
The goods are insured by us upon dispatch. The insurance of the return is with the customer, in the case of damage he is liable.
The customer has the right to withdraw from the contract within the framework of the statutory provisions.
Notices of defects are to be raised by the customer immediately in writing to us. Loss and/or damage during transport shall only be acknowledged if the transport company has provided the necessary certificates for the insurance.
The delivered goods shall remain our property until full payment of all claims, including future claims, arising from our business relationship, including all ancillary claims and until bills of exchange and cheques have been honoured.
In the event of a balance being struck, our reservation of title stipulated in accordance with the above condition shall serve as security for our claims arising from the balance. If, in connection with the payment of the purchase price by the customer, a bill of exchange liability of the buyer is established, the retention of title shall not expire until the bill of exchange has been honoured by the buyer as drawee, subject to all further rights based on our current account reservation.
The customer is only permitted to sell the reserved goods in the ordinary course of business. Pledging or transfer by way of security of the reserved goods is not permitted. If the reserved goods are seized or confiscated by the customer, we must be informed immediately in writing, providing the documents required for an intervention (original of the seizure report, etc.).
The customer shall also be obliged in any case to immediately object to any seizure or confiscation with reference to our rights as supplier. An omission in this respect shall render the customer liable to pay damages to us.
The customer is obliged to sufficiently insure the reserved goods at his own expense in our favour against any loss or damage. The customer hereby assigns to us all resulting insurance claims with regard to the reserved goods; we hereby accept this assignment. If the customer is in default of payment or if he does not fulfil his obligations from the reservation of title, we can demand the return of the reserved goods.
The assertion of retention of title rights does not constitute withdrawal from the contract. We undertake to release the securities to which we are entitled in accordance with the above provisions at our discretion to the extent that their value exceeds the claims to be secured by 10 %, but subject to the proviso that - with the exception of deliveries in genuine current account transactions - in individual cases only such deliveries which have been paid for in full may be released.
Our designs, samples, models and the like shall be regarded as our intellectual property and may not be imitated or used in any other way for reproduction by the customer, even if no special industrial property rights exist for them. Any violation against this will make the customer liable for damages.
Place of performance for both parties is exclusively Großostheim/Bavaria. The place of jurisdiction for all legal disputes arising from the contractual relationship as well as from its creation and effectiveness, also for bills of exchange and cheque actions, is Aschaffenburg/Bavaria exclusively for both parties if the customer is a merchant.
For both parties, the contractual relationship is exclusively subject to German law. The so-called "Hague International Sales Law" does not apply.
Should any of the above conditions be invalid or void, the validity of the remaining conditions shall not be affected thereby. The invalid or void conditions shall be replaced by a condition that comes as close as possible to the economic content of the invalid or void condition.
Grossostheim in April 2011