Terms of payment and supply
1. General – Scope
Our delivery and payment conditions shall apply exclusively. We do not acknowledge any regulations to the contrary, or conditions of the purchaser that deviate from our delivery and payment conditions, unless we expressly agree to their validity. Our conditions of sale and delivery shall also apply in cases where we knowingly and without reservation provide delivery to the purchaser under deviating conditions of the purchaser.
All agreements that have been entered into between the purchaser and us must be in writing in order to be effective.
Our delivery and payment conditions shall also apply for all future transactions with the purchaser.
2. Offer – Offer documentation
Our offers are non-binding and subject to change without notice. All orders shall only be considered accepted after they have been confirmed by us in writing. An issued invoice may take the place of an order confirmation. The purchaser is bound to his/her purchase order.
We reserve the right to make slight changes to the references and designations contained in our public statements, as well as to make changes that serve to improve technical progress.
3. Prices – Payment conditions
Provided not otherwise specified in the confirmation of order, our prices shall be “ex works” excluding shipping & packaging costs. The Purchaser shall be obligated to reimburse us at cost for any such costs that we disburse.
The statutory value-added tax is not included in our prices. It will be shown separately on the invoice in the legally prescribed amount on the date of preparing the invoice.
If the Purchaser is late in making payment, we shall be authorized to request default interest in the amount of eight percentage points over the basic interest rate, irrespective of the right to assert other claims for damages.
If a purchaser to whom we have granted partial payments should be in default on a payment in whole or in part for longer than fourteen days, the entire remaining balance shall fall due immediately.
The purchaser shall only be entitled to a right of retention or offsetting if his/her counterclaims are undisputed or determined to be legally valid. In addition, the purchaser may only exercise the right of retention to the extent that his/her counterclaim is based on the same contractual relationship.
The invoice shall be made out on the date of delivery or provision of the delivery item and shall be payable as indicated in the confirmation of order, or else within 8 days after the date of invoice, strictly net.
Only persons with our written authority to collect shall be authorized to receive payments.
4. Limitation of liability
In the event of a breach of an essential contractual obligation within our control, we shall be liable to a limited extent to the typical contractual, reasonably foreseeable damages. In all other cases, we shall only be liable in cases of willful or intentional default or gross negligence. This exclusion shall not apply if the risk is normally to be covered by liability or product liability insurance or for damages arising from injury to life, limb or health.
5. Duty to deliver and take delivery
Clarification of all technical issues is a prerequisite for the start of the delivery period agreed upon or specified by us.
Compliance with our delivery obligations requires that the obligations of the purchaser be met in a proper and timely manner.
When the services to be performed by us become due, the suitable time frame we are given for performing the service shall be at least one month. Compensation due to delay of services or supplementary fulfillment may only be requested of us if we are in default on fulfillment of the claim for longer than one month.
We may refuse to perform the service incumbent upon us if it becomes evident after entering into the agreement that our claim for compensation is endangered due to a lack of efficiency on the part of the purchaser, unless the purchaser pays the purchase price or provides collateral/security for such payment. § 321 Para. 2 BGB (German Civil Code) applies accordingly.
If the purchaser is in default of acceptance or violates other obligations to cooperate, we shall be authorized to demand any damages accruing to us, including any additional expenses. In this case, the risk of possible demise or possible deterioration of the purchase item shall transfer to the purchaser at that point in time at which he/she defaults on acceptance.
6. Transfer of risk
Unless otherwise specified in the confirmation of order, delivery “ex works” shall be agreed upon, in which case risk transfers to the purchaser at the time of delivery of the item to the freight forwarder, carrier or other person or institute appointed for handling shipping.
7. Claims based on defects
The rights of the purchaser due to the delivery of defective items presupposes that the purchaser has complied with his/her duty to examine and requirement to make a complaint in respect of a defect immediately on receipt of the goods pursuant to § 377 HGB.
In the case of material defects, we shall not be liable for consequential damages that arise from the fact that the purchase item is only free of defects after effective supplementary performance.
The appropriate time frame to be assigned to us for supplementary performance shall be at least one month. In the event of supplementary performance, we shall have the option to either remedy the defect or provide an item that is free of defects. We shall not be obligated to provide supplementary performance for irrelevant material defects. A rectification of defects shall not be considered a failure even after a second unsuccessful attempt. We shall bear all expenses required for carrying out the supplementary performance, in particular transport, roadway, labor and material costs, provided they do not increase due to the fact that the purchase items are brought to a different place than the place for which the shipment or delivery was to be made according to the arrangements made upon entering into the agreement.
The purchaser may not withdraw from the agreement in the event of irrelevant material defects. His/her right to a reduction of the purchase price shall remain unaffected, however. In all cases of rescission, the purchaser must also pay compensation for lost value for any deterioration that may arise from properly putting the purchase item into use.
Claims for damages may only be asserted under the prerequisites of § 4 of these conditions of purchase and delivery.
The preceding limitations on the rights of the purchaser shall not apply in the event of fraudulent concealment of a defect or acceptance of a quality guarantee.
The claims and rights of the purchaser arising from the delivery of a defective item shall fall under the statute of limitations after one year and for used items after six months, calculated from the time of delivery of the item. No liability shall apply for typical wear and tear due to use. This period of limitation shall also apply to warranty claims. In cases of fraud or intent, the statutory periods of limitation shall remain unaffected. The same shall apply for damages arising from injury to life, limb or health.
8. Assurance of retention of title
We shall retain title to the purchase item until receipt of all payments from the existing open business relations with the purchaser. Should the purchaser act contrary to the agreement, in particular through default of payment, we shall be entitled to demand the return of the purchase item. Retraction of the purchase item does not signify withdrawal from the agreement, unless we expressly state this in writing. After retracting the purchase item, we are authorized to utilize it. The proceeds from utilization, less the appropriate selling costs, are to be credited against the obligations of the purchaser.
In the event of attachments or other interventions by third parties, the purchaser must notify us immediately in writing, so that we can institute third party proceedings to prevent execution of a judgment.
The purchaser shall be authorized to resell the purchase item in the course of ordinary business activities. He/she shall, however, assign to us already at this time all claims in the amount of the final invoice amount (including value-added tax), which accrue to him/her from the resale to his/her buyer or third party. The purchaser shall remain authorized to collect on the claim even after the assignment. Our authorization to collect on this claim ourselves shall remain unaffected. We shall not undertake to collect the claim, however, as long as the purchaser meets his/her payment obligations from the proceeds collected, is not in default on payment and – in particular – no petition to commence insolvency or composition proceedings with respect to his/her assets has been filed and there is no cessation of payments. If one of these conditions occurs, we may demand that the purchaser notify us of the assigned claim and his/her debtors, gives all of the information required for collection, hands over the associated documents and informs the third-party debtor of the assignment.
Any processing/working into new forms or alteration of the purchase item by the purchaser must always be done for us. If the purchase item is processed together with other objects that do not belong to us, we shall acquire co-ownership of the new item in a ratio of the value of the purchase item to other processed items at the time of processing. In other respects, the same conditions shall apply for the item obtained from the processing as apply for the other purchase items delivered with reservations.
We shall be obligated to release the securities to which we are entitled upon request of the purchaser to the extent that the value of our securities exceeds the claims to be secured by more than 20%. We shall be entitled to make the selection of securities to be released.
9. Place of jurisdiction – place of fulfillment
The place of jurisdiction is Bünde.
Provided not otherwise specified in the confirmation of order, the place of fulfillment shall be our business location.
ODR Directive – EU platform for extrajudicial online dispute resolution
The EU Commission has established an Internet platform (OS platform) under
for the online resolution of disputes between businesses and consumers.
We are neither obligated nor prepared to participate in a dispute resolution process before a consumer arbitration board.
Copyright and trademark law
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The use of the contact details published as part of the obligation to provide an Imprint by third parties to send advertising and information materials that are not expressly requested is hereby expressly objected to. The operator of the website reserves the right to take legal measures in the case of the unsolicited dispatch of advertising information, such as spam emails.
As the service provider, the company Siebdruck-Service Eickmeyer GmbH is responsible for its own content on this website according to general laws and in accordance with Sections 2, 7 I, II TMG (Telemedia Act). As the service provider, the company Siebdruck-Service Eickmeyer GmbH is not, however, obligated to monitor the information transmitted or stored by you or to research circumstances that may indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. Any liability in relation to this is only possible from the date of knowledge of a specific violation. If we become aware of such violations, we shall remove this content immediately.
Legal validity of this exclusion of liability
This exclusion of liability is to be considered a part of the Internet service from which you were referred to this page. If parts or individual formulations of this text do not, no longer or do not completely correspond with the legal situation, the other parts of the document remain unaffected in terms of content and validity.