german version 
I.
General
These General Terms and Conditions (GTCs) are a basis and part of all contracts
between Technology Trading Ebert Schoenheide, Owner Juergen Ebert, and the Customer.
Technology Trading Ebert Schoenheide delivers its goods only according to these
GTCs if both parties have not agreed on other conditions in writing. The GTCs
are definitely considered to be accepted by placing an order. Customer´s
terms and conditions apply only if these terms and conditions were expressly
accepted by Technology Trading Ebert Schoenheide in writing. Any explanations
to the delivery contract or any explanations related to the delivery contract
must be put in writing. Any agreements, explanations and so on must always be
put in writing.
The employees of Technology Trading Ebert Schoenheide are not allowed to make any side agreements or make verbal promises that go beyond the contents of the particular supply contract including these Terms and Conditions.
Technology
Trading Ebert Schoenheide reserves the right to change the GTCs if the changes
are announced to the Customer within an adequate term. Should the Customer raise
no objections to the changed GTCs within 2 weeks after receiving a notification
of change or should the Customer raise no objections at the latest before the
notification of change becomes effective, will the notification of change, as
announced, come into operation. Should the Customer raise objections to the
changes within the term, Technology Trading Ebert Schoenheide has the right
to terminate the contract before the GTCs come into operation.
We are not responsible for error or clerical error !
II. Conclusion of a contract
The contract is regarded as concluded after our company has received a written order (via email, fax etc.) and has confirmed it in writing. To avoid any mistakes, Customer´s order will be processed after our telephoning the Customer back. When company’s employee who is not a legal agent places an order, Technology Trading Ebert Schoenheide requires principal´s written authority.
III. Minimum order value, prices
The
minimum order value is 10,00 EURO. The prices at the moment of the order apply,
except for so-called price-controlled products.
All prices given are inclusive of VAT in EURO.
IV. Delivery charges / processing charges
For a delivery of replacement parts and accessories up to 200 Euro worth of goods, the Customer must pay all delivery charges. For a delivery of replacement parts and accessories up to 1000 Euro worth of goods, the Customer must only pay a part of delivery charges of. Machines, replacement parts and accessories 1001,00 EURO and upwards worth of goods shall be delivered for free. For international orders extra freight charges shall be charged. Information about parts of delivery charges on request.
V. Terms of payment
Technology
Trading Ebert Schoenheide shall deliver goods against prepayment or per cash
on delivery as agreed upon.
A payment on invoice shall be contracted between Technology Trading Ebert Schoenheide
and the Customer.
If the Customer wants to pay on invoice, the goods will become due on the maturity
date determined on the invoice.
After this term the Customer is in default of payment without a notification
of this fact through an urging letter. Technology Trading Ebert Schoenheide
shall be entitled to charge default interest of 5% above the basic interest
rate according to
§ 247 of German Civil Code in connection with § 288 (1) of German
Civil Code. Customers who are no consumers as defined by the German Civil Code
shall be charged 8 % above the basic interest rate according to § 288 (2)
of German Civil Code.
Any other terms of payment, especially for foreign customers, must be contracted separately.
VI. Terms of delivery
The
goods shall be delivered by a delivery company, which Technology Trading Ebert
Schoenheide
considers to be the most favourable.
VII. Retention of ownership
The
ownership of the products delivered shall remain with Technology Trading Ebert
Schoenheide until the products
have been paid for in full.
(see our annexe)
VIII. Liability for material damage and defects of title
The Customer is bound to notify Technology Trading Ebert Schoenheide in writing about apparent damage and defects within 2 weeks after receipt of the goods. After the expiry of the time limit a claim of apparent defects is excluded.
According any other defects which have been asserted within 2 years after receipt of the goods, Technology Trading Ebert Schoenheide reserves the right to either remedy the defect or to give the Customer a product substitution. The decision between these both possibilities depends on Technology Trading Ebert Schoenheide. Should the remedy of defects or the substitution fail, the Customer has the right to withdraw from the purchase contract or to be given a price reduction. Otherwise, legal regulations for purchase or extended guarantee regulations of the respective manufacturers apply and can be made available to the Customer upon request at any time.
IX. Withdrawal and return consignments
Return
consignments of damaged goods will only be accepted after prior consultation
or receipt of a written notification.
The Customer has the right to withdraw from the purchase contract and send the
goods back within 14 days. The term is considered to be kept if the seller receives
a notification of withdrawal in writing within 14 days.
The costs for a return consignment shall bear the seller.
The withdrawal does not have to be justified. It can be made in writing or by
returning the delivered goods within the term.
The return consignment date is decisive.
The right of withdrawal does not apply to goods that were tailored to customer´s
needs and requirements (alterations, modifications, goods made to order).
X. Final clause
If the parties have not agreed upon any other regulations, legal regulations of German Civil Law concerning the Purchase and Consumer Law apply.
XI. Place of jurisdiction
Any disputes arising from the business relationship will be settled before a competent court of law in Aue provided the contract partner is a trader.
Annexe
to the GTCs
concerning the retention of ownership in business relationships with our commercial
customers (traders):
(1)
The goods delivered remain the property of the seller (so-called reserved goods)
until all claims against the buyer resulting from the business relationship
have completely been fulfilled. Fulfilling particular claims of the seller or
making a balance and acknowledgement of a balance do not affect seller´s
reservation of the ownership. If the parties agreed upon seller´s bill
guaranty concerning the payment of the purchase price, the retention of ownership
shall not finish until the bill of exchange has been met by the buyer as drawee.
In the case of buyer´s default in payment the seller has the right, after
sending the buyer a reminder, to take the reserved goods back and the buyer
is obliged to give the reserved goods back to the seller.
(2) Processing of the reserved goods is to be regarded as effected in the name
of the seller so that the ownership of the new movable goods resides with the
seller without his being obliged. If seller's goods are processed together with
goods of other companies, the seller obtains co-ownership of the new goods according
to the ratio between the reserved goods value and the value of the other goods
at the time of the processing. If seller's goods are mixed or in any way connected
with goods according to §§ 947, 948 of German Civil Code (BGB) he
does not own, the seller obtains co-ownership in accordance with legal regulations.
Should the buyer obtain sole ownership by processing, mixing or connecting seller´s
goods with goods of other companies (other goods), the buyer is now transferring
the co-ownership to the seller according to the value ratio between the reserved
goods and the goods of other companies (other goods) at the time of the processing.
The buyer is obliged to store the reserved goods (seller´s possession
or co-possession) at his own costs.
(3) If the reserved good are resold alone or with other goods not owned by the
seller, the claim is regarded as assigned to the seller according to the ratio
existing between seller's ownership (or co-ownership) of the reserved goods
and remaining goods. The seller accepts the assignment of claims. The value
of the reserved goods consists of amount of the invoice and a covering extra
charge of 10 %. The extra charge of 10 % shall not apply if there are also claims
of third parties. If the seller co-owns the resold reserved goods, the assigned
claims regard only the proportionate value of the goods the seller owns. Paragraph
1, clause 2 applies to extended retention of ownership; assignment in advance
according to paragraph 3, clauses 1 and 3 concerns the demand of a balance.
(4) The buyer is entitled and authorized to resell, use or install the reserved
goods only within the scope of an ordinary and proper business transaction so
that the claims will be transferred to the seller according to paragraph 3.
The buyer is not entitled to treat the reserved goods in other ways, e.g. to
pledge them or transfer ownership by way of security.
(5) The buyer is obliged to immediately inform the seller about compulsory execution
measures of third parties concerning the reserved goods or assigned claims.
He is also obliged to hand over documents that are needed to enter an objection
to the seller.
(6) If there are a stoppage of payments, request and opening of the bankruptcy
or extrajudicial composition proceedings, the right to resell, use or to install
the reserved goods and the direct debit mandate for assigned claims extinct.
Direct debit mandate concerning cheque and bill protests also finishes.
(7) If the value of the granted security provided for the seller exceeds the
total amount of the seller's claims by more than 10%, the seller is obliged
to transfer it to the buyer or release the security in the manner of his choice.
After fulfilling all seller´s claims resulting from the business relationship,
the ownership of the reserved goods and the assigned claims shall be transferred
to the buyer.