Trading conditions
General trading conditions
1. General information
Following terms of payment and supply apply to the entire course of business of the company European Spa's, 70435 Stuttgart with the client. They are recognized at the latest of the orderer with the placing of order however with the acceptance of the first supply/achievement. Contents of the confirmation of order and following supply and the terms of payment are alone determining; Additions, alterations or special agreements, in particular data of our field representatives for the build-lateral possibilities and conditions of the installation of our plant are obligatory only if they were confirmed in writing by us or in the confirmation of order on it purchase were taken. Our sales coworkers are not authorized to meet verbal special agreements or give verbal warranties, which go beyond contents of the written contract. To the scope of supply in the first place the description in the valid in each case price list applies. With appearance of this price list all preceding price lists lose their validity.
2. Offers
Our offers are not-binding. After confirmation are the illustrations, mass or designs attached in the offers and/or confirmation of orders only to that extent obligatorily, when later no build-lateral changes result, official regulations to be changed or again issued, or modifications taken place. If from these reasons for the client reasonable changes are necessary, we reserve ourselves to adapt the execution to the changed circumstances. From it if extra costs should result, the buyer is informed before.
3. Prices
The prices are fixed prices for the duration of 6 months starting from contract conclusion. As far as between contract conclusion and agreed upon and/or actual delivery date more than 6 months lie, those apply at present for the supply or supply of valid prices of the salesman; if the latter prices exceed agreed upon the first around more than 10%, then the buyer is entitled, of stands to withdraw. With pre-payment of at least 1/2 of the order value fixed prices in the above sense can be particularly agreed upon also for more than 6 months. The prices understand themselves starting from Stuttgart. The costs of additional service such as packing, insurance, delivery (dispatch) and assembly as well as of the connection necessary additional materials, are separately computed. With distribution of the commodity with truck and assembly by European Spa's personnel the costs of freight and assembly in a lumped sum can be accounted for. With this lumped sum provided that the assembly will immediately take place after delivery without interruption can and that for the delivery and assembly only one travel is necessary. Should by reasons, which are not to be represented by us, additional travels become necessary, we compute us thereby developing extra costs separately. The costs of achievements which can be furnished build-laterally are not contained in our prices.
4. Building-lateral conditions
A. Generally: The client commits itself, all build-lateral work before the date agreed upon for the delivery and assembly completely sets. For bringing in Whirlpools must be present sufficiently broad doors, stairs and corridors up to the setting up place.
b. Whirlpool installation: The necessary work for connection or the transfer of and waste water must be finished to the delivery time. The electricity installation is to be accomplished according to our data of locally certified electrical specialized enterprises. That applies also to all remaining electrical connections.
C. Sanitary installation: All installation lines are to be shifted build-laterally after our data, as far as nothing else is indicated or agreed upon.
D. The client with one comes under numbers. , then he is obligated 4 described obligations to cooperate in delay to replace to us developing damage. Beyond that we are also entitled when being present the other legal conditions in this case to withdraw from the contract or to require payment of damages because of default.
5. Delivery time
In the case of orders given on call the desired date of delivery of 30 working-days is to be indicated before in writing, if no longer call periods are agreed upon. Dates of delivery become from us, if at all possible, kept. For the case one from us to failure to deliver which can be represented is specified the duration of the respite which can be set legally from the buyer on 6 weeks, which begins with entrance of the respite setting with us. If we do not have to represent the delay of the supply, this is based in particular on higher force, like e.g. undeserved operational disturbances, delays in the delivery of substantial raw and building materials, on strike or lockout, then the time for delivery extends or does not postpone themselves the agreed upon date of delivery around the period of these not which were to blame for supply difficulties. The orderer is however in these cases entitled, after expiration of 2 months since the original date of delivery of stands to withdraw.
6. Terms of payment
When ordering a pre-payment at a value of 1/2 of the order value is to be carried out, payable at the latest within 10 days starting from date of the confirmation of order. Agreed upon periods run only starting from entrance of the pre-payment. During collection by goods is to be paid bar. Otherwise our calculations are payable: Invoice date purely net. Payments cannot be made with liberating effect only at us directly, had our field representatives an authorization to collect.
7. Retention of title
The supplied commodity remains up to the fulfilment of all demands from the business relation our property. With the so-called “cheque exchange procedure” (providing the currencies in the way of the so-called acceptor change) the retention of title does not expire before the final redemption of the acceptances of a draft by the orderer. (With) if the property of the salesman expires by connection, then it is already now agreed upon that (with) the property of the buyer at the uniform thing turns into proportional value-moderately (invoice amount) on the salesman. The customer is entitled to sell the reservation commodity in the normal course of business as long as it is not in the delay. Verpfändungen or transfers by way of security are inadmissible. The demand developing from resale or an other argument (insurance, bad action) concerning the reservation commodity surrenders the customer already now safeguardfor the sake of to full extent to the salesman. The salesman authorizes it revocably to draw in the demands for its calculation in the own name, surrendered to the salesman. We commit ourselves to give us being entitled collateral upon the requests of the orderer to that extent freely when the realizable value of our collateral exceeds the demands which can be secured around more than 20%; the selection that freely to giving collateral is incumbent on us. During execution into the property concerned, in which the reservation commodity is, or into the commodity or into us retired the demands, has to inform us immediately the customer and to give the appropriate information. In this case the salesman, if the buyer does not follow his liabilities duly, can recall the given collection authorization.
8. Payment of damages
During whole or partial fulfilment erfüllungsverweigerung of the orderer we are entitled without prejudice to other legal measures to require a damage lump sum at a value of 20% of the order value except which orderer would prove that none or a substantially low damage developed for us. The asserting of a higher damage actually developed is not excluded on our part.
9. Guarantee
We ensure that our devices correspond at present to the supply the recognized rules of the technology and are not afflicted with errors, which waive or reduce the value or the fitness for that usually or the use presupposed after the contract. The orderer has arising lack to indicate in writing the guarantee period for the area of the Federal Republic of Germany amounts to: 10 years on the structure of the Whirlpoolwanne; 2 year for switchgears, controls, evaporator, armatures and as soon as all remaining products supplied by us. A warranty extension on 5 years is to be gotten against surcharge. To products spent supplied abroad and/or the legal regulation applies. A guarantee for normal wear with wearing parts, e.g. Dampfzylinder, silicone joints or UV fluorescent lamps, are impossible. For the guarantee period arising lack, which are to be represented from us to, the client is limited to the right of the rework. The client can require however when failing the rework the reduction of the purchase price (decrease) or cancellation of the contract (transformation).
10. Adhesion
The adhesion for damage due to the injury of contractual main or Nebenpflichten or due to delay is impossible, it is, it is based to only roughly negligent or deliberate obligation injury by us, our legal representative or executing aide.
11. Documents
The documents, like designs, turning into to the orderer, models, drafts and computations remain up to the legally effective distribution of the order our property. With Nichterteilung of an order we are entitled to back-demand all documents. The buyer is not entitled, our designs, to multiply or use for another than the agreed upon purpose models, to publish draft and computations without our express permission.
12. Area of jurisdiction,
A. So far the buyer full buyer in the sense of the commercial code, a legal entity of the public right or a publicly legal special estate is, is indirectly 70435 Stuttgart exclusive area of jurisdiction for all itself from the contractual relation disputes resulting in directly or.
b. If a regulation in these trading conditions or a regulation in the context of other agreements should be ineffective or become, then of it the effectiveness of all other regulations or agreements is not affected.
European Spa's
