Logo esmatec
the news
sale, delivery & payment terms
download area

sale, delivery and payment terms

For all sales and deliveries are subject to the following conditions. Of which require different contractual arrangements and agreements in every case, our written confirmation, even if the buyer receives conditions differing from our endorsements in its order or counterconfirmation.

2. offers and prices
All mentioned in our offers, from dealings agreed and confirmed prices are subject to change. Despite previous agreements will always be valid on the delivery price of our accounts was used. If the buyer is neither a merchant nor a legal person or special fund under public law, this applies only to continuous obligations or if the delivery is at least 4 months after the contract.

3. delivery
Orders are accepted only on the condition of availability for delivery. Delivery dates are estimates only and not binding. Neither the buyer is a merchant or a legal person or special fund under public law, it applies with the proviso that apply to us from confirming the orders contained in the confirmation of appointments and these appointments are not always as approximate dates and have reasonable deviations . Any event of force majeure and operating and transportation damage, the rejection is not in our power to release us from the adherence to agreed delivery deadlines, and some give us the right to cancel this order, without any claims incurred by the buyer.

4. quotation
Our prices are ex warehouse, unless a different pricing was explicitly stated in the offer or business accounts from both sides agreed in writing.

5. shipping
Always happen at the expense and risk of the recipient. Shipping, breakage and loss borne by the purchaser, including freight delivery. We reserve the right to the goods before shipment against shipping damage of any kind at the expense of the buyer to insure, even without being expressly authorized by the comments. If a message it is a corrupted or incomplete, the recipient is obliged to take over the goods before the finding by the transporter certification that and notify us immediately. If the buyer provides otherwise, we choose in all, including freight-shipments, the cheapest mode of transport for us. Additional costs for rush or express deliveries are charged to the customer.

6. complaints
can be considered only if they are made not later than seven days after receiving the goods in writing. If the buyer is neither a merchant nor a legal person or special fund under public law, and not the lack of obvious, so are instead the statutory deadlines. Notification of defects in a part of the consignment does not entitle to claim the entire shipment. If a complaint we have recognized, we have exchanged the claimed material only required if a repair is not possible. Proposes a wrong that we accept repair, or a replacement delivery is not performed, the purchaser can either demand within the legal time, a cancellation of the contract only if he is neither a merchant nor a legal person or special fund under public law.

7. damages claims by buyers delayed or failed delivery
a) If the other party is a merchant and the contract for the operation of his business is one, or if the contractor is a legal entity under public law or a public special fund, the following applies: claim for compensation for delayed or failed delivery or repair are excluded.
b) If there are other contractors - within the legal framework possible - claims for damages only in cases of gross negligence.

8. warranty
The warranty for our products is 6 months from date of delivery. Damage that occurs after discovery of manufacturing defects on the device will be corrected free of charge from us. In order to repair the current rules can be implemented accordingly, must be the unit freight prepaid to us. Improper use, such as congestion and interference at the unit is done during normal wear and tear and not a replacement.

9. packaging
We charge at cost and reserve the right to decide at each delivery to determine whether the wrapping withdrawn and at what level they will be credited. With gross for net shipments assigned a credit for packing is not possible.

10. being return
can be made only with our consent. In case of freight returning the computed value minus the costs incurred by 15% will be credited. From a manufacturing Sonderan derived items are not returnable.

11. payment
a) Our invoices are payable within 10 days less 2% discount or 20 days after the invoice date without any deduction. Late payment charge 3% higher than the usual bank current account. Change will not be accepted by us. If the buyer's outstanding invoices to cover payments are valid for the earliest due.
b) the withholding of payments due to any counterclaim or set-off with counterclaims and minor defects are excluded. Neither the buyer is a merchant or a legal person or special fund under public law, it applies with the proviso that he set off with undisputed or legally enforceable, and a lien claim may, if it is based on the same contract. If there are other contractors, is possible in the statutory context, claims for damages only in cases of gross negligence.
c) Unfavorable information concerning the economic status of the buyer, as well as delays in payment of previous deliveries entitle us to deviations from our payment terms, including the still existing orders. In particular, we can in such cases, immediate payment of all remaining outstanding invoices, as well as for supplies yet to be performed in advance or security deposit or withdraw from these contracts.
d) For the receipt of the equivalent of a supply shall be liable in any case, the buyer, even if the invoice is issued for Zweitabnehmer.

12. retention
The delivered goods remain our property until full payment, if necessary with the rights of § § 43, 46 KO. Resell or process the goods supplied is only announced the retention of title acceptable to the acquirer. The buyer is not entitled to the point pledge the goods to third parties, or even to assign transfer by way of security only. If the purchaser sells the goods delivered to him, regardless of what condition he shall have it until the complete redemption of all of our trade receivables, which it claims arising from the sale to his clients and all rights to us. During the duration of retention of title is due to us on the goods supplied by us and the legal process that evolves according to § 950 BGB in the new items for the recipient. Any seizure or any other infringement of our rights by third parties, the buyer to notify us without delay.
Performance and Jurisdiction
The performance for payments is 74597 Stimpfach. Jurisdiction for both parties is 74564 Crailsheim. The court agreement applies in any case for the assertion of claims by way of orders for payment or if the domicile or residence of the contractor not the time the action is known.
Moreover, the court agreement if and only if the other party merchant or a legal entity under public law or public law special fund.

Stimpfach, in January 2009

printable version/////// terms as pdf/////// up

  esmatec GmbH · manufacturing technology for metal and plastic· Rechenberger Str. 17 · 74597 Stimpfach · Germany · Telephone +49 7967 702727-0    
esmateckantenfraesen fertigungstechnik metall fertigungstechnik kunststoff auswerferschnellspannkupplung esmatec